By Glenn S. Pantel and Michael A. Smith
On March 24, 2010, the Commissioner of the New Jersey Department of Environmental Protection issued Administrative Order No. 2010-03 – a measure that extends the deadline for wastewater management planning entities to submit revised wastewater management plans (WMPs), until April 7, 2011. This administrative order also provides property owners with new rights in connection with NJDEP’s wastewater management planning process.
Background
WMPs are legally binding documents that govern where new sanitary sewer lines can be built. For a sewer line to be extended into a property, it must be included within the sewer service area (SSA) in the area wide WMP. Properties that fall outside the SSA are generally required to be served by septic systems. » Read the rest of this entry «
One of the most significant obstacles to economic growth and development in New Jersey has gone largely unnoticed and if not properly addressed, could jeopardize commercial, residential and industrial growth, and undermine New Jersey’s hope for future economic stability and vitality. Amendments to the Water Quality Management Planning Rules in 2008 have resulted in an overall shift in how water resource planning is implemented throughout the state. The new rules are designed to shape development patterns in New Jersey through the designation of sewer and nonsewer waste water disposal areas. The serious impact of the rules is only now coming to light with the Department of Environmental Protection’s (DEP) introduction of a proposed, dramatically revised Sewer Service Area Maps. The new maps, currently in draft form, are substantially different than the current maps, removing many undeveloped or partially developed properties from current designations as Sewer Service Areas. The bottom line is that many properties that are not fully developed, such as golf courses, educational campuses, industrial parks and corporate campuses that are currently within a Sewer Service Area would be redesignated to a non-Sewer Service Area, drastically devaluing the property, potentially impacting financing and effectively eliminating future development options. Many of the map changes directly conflict with municipal zoning ordinances, master plans and even approved General Development Plans, removing key components that will have a critical impact on a municipality’s fiscal health and in some cases drive N.J. corporations that have purchased sufficient land for future growth around existing facilities to look to relocate outside of the State.