In a major victory for the New Jersey Builders Association, the Appellate Division of New Jersey Superior Court rejected an appeal brought by over two dozen self-styled "environmental" groups and unanimously upheld NJDEP's controversial "waiver rule". The Waiver rules (N.J.A.C. 7:1B) allow NJDEP to relax or waive strict compliance with its regulations.
On April 10th, Mercer County will hold a public hearing on the proposed amendment to the Mercer County Water Quality Management (WQM) Plan. The hearing will be held in the Community Center room at the Ewing Senior and Community Center, 999 Lower Ferry Road, Ewing Township, New Jersey 08628 from 7:00 PM to 9:00 PM.
The Pinelands Commission has issued a public notice that it has reformatted its “Certificate of Filing” for newly proposed development applications. A certificate of Filing is necessary “to allow local agencies to review and act on a proposed development application in the Pinelands Area.” The announcement and sample letters are available here.
The NJDEP has posted hearing notices and draft FWSA maps for the following on its WQMP webpage.
2012 Permit Extension Act Seminar - Handouts
The NJBA Master Sponsors were pleased to host another valuable educational session on the 2012 Permit Extension Act (P.L. 2012, c.48). A panel of experts provided necessary guidance on the implementation of the Act, particularly as it relates to the Highlands, Pinelands and NJDEP framework.
The NJBA was pleased to support the policy briefing organized by PlanSmart NJ on the Department of Environmental Protection's Waiver Rule.
The New Jersey Department of Environmental Protection (NJDEP) reached an important milestone in that the new mandatory Licensed Site Remediation Program (LSRP) is now fully in place. The option to proceed with the remediation under the supervision and approval of NJDEP or to hire a LSRP has ended. NJDEP’s website states:
Per the Water Quality Management Planning legislation, NJDEP has posted a revised County Wastewater Management Plan status spreadsheet:
Public hearings are scheduled for the Camden (June 20), Ocean (June 25) and Somerset (June 20) counties’ proposed Future Wastewater Service Area (FWSA) maps. Official notices appear in the New Jersey Register. Comments may be submitted up to 15 days following the hearing.
The Federal Emergency Management Agency (FEMA) Region II office produces Flood Insurance Rate Maps (FIRMs) that provides valuable information on flood hazards, determines who must purchase flood insurance and where floodplain development regulations would apply. FEMA has begun a coastal flood study for 14 New Jersey counties to update this valuable FIRMs information, many of which are from the 1970s and 1980s. The affected counties are: Bergen, Essex, Hudson, Union, Middlesex, Monmouth, Ocean, Burlington, Camden, Gloucester, Atlantic, Salem, Cumberland and Cape May.
The NJBA cannot express enough the importance of taking the necessary steps to be in compliance with NJDEP's Site Remediation Paradigm. NJDEP is very concerned that the public should be aware of impending mandatory deadlines (March 1) for the submission of specific reports: (http://www.nj.gov/dep/srp/srra/srra_summary_changes.pdf).
Overlooking this deadline carries very serious fines and penalties, and placement in direct oversight.
On January 9, 2012 the Legislature gave final approval to a bill amending the Water Quality Planning Act that will avoid the automatic withdrawal of sewer service areas. The legislation also includes other reforms to the water quality management planning process. The bill now awaits Governor Christie's signature.
This week the NJDEP issued the long-anticipated rule proposal to fully implement the new site remediation paradigm that was established by the 2009 Site Remediation Reform Act.
The USEPA had issued a proposal with numeric limits for stormwater discharges at construction sites that would also require the installation of expensive Best Management Practices and sampling and reporting of stormwater discharges.
In a decision issued last week, the state Appellate Division upheld the statutory authority of the New Jersey Department of Environmental Protection in its adoption of problematic provisions of the 2008 WQMP rules.
New Jersey Department of Environmental Protection will hold a public meeting on August 24, 2010 from 5:30pm to 8:30pm at the Monmouth County Library Manalapan Branch to discuss the proposed sewer service area in Monmouth County's draft WMP. A working draft of the map is posted on the Monmouth County's Planning Board website: www.monmouthplanning.com.
As part of the sewer planning process, NJDEP has given all Counties draft mapping of where DEP thinks sewer service area (SSA) boundaries should be, regardless of the County's acceptance of wastewater management planning responsibility. NJBA has learned that DEP has “clipped” (or taken out) properties from proposed SSAs in the maps provided to the Counties. We also have received conflicting information as to whether properties with valid sewer extension permits are also being clipped from the SSAs.
Read NJBA's comments on the various DEP Rule Proposals.
On June 20, 2007, NJBA filed a letter with New Jersey’s Office of Economic Growth, providing a preliminary assessment of how the current DEP rule proposals (C-1 waters, Site Remediation Standards and WQMP) present major obstacles to both development and redevelopment of workforce housing. NJBA highlighted the existing atmosphere of regulatory uncertainty in New Jersey, due in particular to DEP’s lack of recognition of prior public sector planning decisions.
View copies of the NJBA's testimonies to the New Jersey Clean Water Council at its public hearings.
Registration under the Planned Real Estate Development Full Disclosure Act (PREDFDA) for sites undergoing remediation under the supervision of the New Jersey Department of Environmental Protection (DEP) would be accomplished as detailed below.
NJDEP has posted on its website a new "FAQs"; document regarding the implementation of the Water Quality Management Plans. This document discusses a number of issues that NJBA has raised to NJDEP, including preparation of the Wastewater Management Plans, how the new sewer service areas are delineated and the public notification process to alert landowners about proposed property status.