Dec 12, 2018

New Jersey Proposes New Storm Water Management Rules

The new storm water management rules would prioritize green infrastructure

New Jersey proposes new storm water management rules that stress green infrastructure
New Jersey proposes new storm water management rules that stress green infrastructure

The New Jersey Department of Environmental Protection (DEP) proposed amendments, repeals and new rules to the state’s storm water management rules, N.J.A.C. 7:8. The proposal requires green infrastructure to be utilized on major developments to meet water quality standards.

According to a public notice, DEP is proposing to replace the current requirement that major developments incorporate non structural storm water management strategies to the “maximum extent practicable” to meet groundwater recharge standards, storm water runoff quantity standards, and storm water runoff quality standards, with a requirement that green infrastructure be utilized to meet these same standards.

Additionally, DEP is proposing to clarify and modify the definition of major development, which defines the scope of projects to which these rules apply. Changes are proposed to apply the total suspended solids (TSS) removal requirement to the runoff from motor vehicle surfaces and to remove the TSS removal requirement as it applies to runoff from other impervious surfaces not traveled by automobiles, such as rooftops and sidewalks.

DEP also is proposing several changes which they say will support water quality and storm water management improvements in communities with combined sewer systems. The proposal will make changes to existing definitions, add new definitions and make other changes related to the changes identified, and make minor changes to other provisions in the storm water management rules.

Other minor amendments are proposed to provisions in the Coastal Zone Management Rules, the Freshwater Wetlands Protection Act Rules, the Flood Hazard Area Control Act Rules, the New Jersey Pollutant Discharge Elimination System rules, and the Highlands Water Protection and Planning Act Rules in order to update cross references and incorporate other changes consistent with the proposed amendments to the storm water management rules.

A public hearing will be held Jan. 8 at 1 p.m. to address the changes. The public is welcome to submit written comments electronically by Feb. 1 here.