Governor Christie Signs New Law To Extend Effective Period for Existing Sewer Service Area

February 27th, 2012 | Posted by: Christopher DeGrezia 0| comments:

34By Andy Norin, Esq. and Scott Hovanyetz, Esq.

On January 17, 2012, Governor Christie signed into law Senate Bill No. 3156 (S3156), which extends the effective period of existing sewer service areas.  This should provide some relief to developers concerned about the possible withdrawal of sewer service areas in places where wastewater management planning agencies have failed to comply with the deadline to submit wastewater management plans (WMPs) to the State Department of Environmental Protection (DEP).  The bill also allows for site specific amendments and revisions to WMPs and Water Quality Management Plans pending DEP approval of new WMPs.

BACKGROUND

Wastewater Management Plans govern where new sanitary sewer lines can be built.  For a sewer line to be extended to a particular property, the property must be included within the sewer service area in the WMP.  Properties that fall outside the sewer service area can only be served by septic systems.  » Read the rest of this entry «

Appellate Division Ruling Reinforces Key Provisions of NJDEP’s Water Quality Management Planning Rules

November 8th, 2011 | Posted by: Christopher DeGrezia 0| comments:

DSC_0133By Michael A. Smith

On June 29, 2011, the Appellate Division of the New Jersey Superior Court released its opinion In the Matter of the Adoption of N.J.A.C. 7:15-5.24(b) and N.J.A.C. 7:15-5.25(e), upholding certain key provisions of the New Jersey Department of Environmental Protection’s Water Quality Management Planning Rules (WQMP Rules), N.J.A.C. 7:15 et seq. (namely, a provision that prohibits the extension of sanitary sewer lines in environmentally sensitive areas, and a provision that sets a maximum nitrate level for septic system discharge).  In so holding, the court rejected a developer’s argument that the WQMP Rules constitute unauthorized land use regulation, in excess of NJDEP’s authority. 

Among other things, this ruling provides “teeth” to NJDEP’s pending sewer service area revision process, i.e., NJDEP’s efforts to prohibit the building of new sanitary sewer lines based on the presence of environmentally sensitive features (including threatened and endangered species habitat, Natural Heritage Priority Sites, Category One riparian zones and wetlands).   » Read the rest of this entry «

NJDEP Administrative Order Preserves Sewer Service Areas Until April 7, 2011, and Addresses the Sewer Service Area Revision Process

May 3rd, 2010 | Posted by: Christopher DeGrezia 0| comments:

2009-02-17 Transfer 426By 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 «

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