Download Land Use and Environmental Regulation in New Jersey

Water:
Use, Supply and Regulation
April 5, 2010
Presented by
David Restaino, Esq.
Water Regulation
 Clean



Surface Water
Flooding and Stream Corridors
Wetlands
Controlling Discharges into Streams
 Ground
Water
 Water Supply
 Wastewater
 Climate Change and Water Risk
Flood Hazard Areas
 What



is a Flood Hazard Area?
Floodway
Flood Fringe
“Regulated Water” - Water that drains greater
than or equal to 50 acres, excluding certain
canals and coastal wetlands
Flood Hazard Areas

Inundated by a “Design” Flood

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Tidal (100-year)
Fluvial (100-year + Safety Factor)
100-Year Flood

1% Chance of Being Equaled or Exceeded Within A OneYear Period
Stream Corridors
(Riparian Zones)
 Different
than Flood Zones
 Like a buffer
 50, 150 or 300 feet from a regulated water
 Follows the channel, not the floodway
Riparian Zones
 300
Feet: Category One waters and
certain upstream tributaries
 150 Feet: Trout waters, T&E habitat, acid
producing soils
 50 Feet: All else ….
Regulated Activities
(Flood Areas, Riparian Zones)
 Fill,
alter topography
 Clear, or cut vegetation
 Impervious surfaces
 Unsecured storage
 Larger structures
 Buildings
Goals
(Flood Areas & Riparian Zones)
 Flood
storage, unobstructed flow
 Keep new construction out of the flood
hazard area
 Protect plants and critters
 No adverse impact from one property
owner upon another
Clean Water:
The “NJPDES” Program



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New Jersey Pollutant Discharge Elimination
System
Federal model
Pollutant – broad definition
Discharge of a pollutant without a permit is
prohibited
Permits


Five years, generally
Individual permits & general permits
Example
 Discharge





to surface water (DSW) permit
Specifies pollutants that can be discharged
Specifies quantity of allowable discharge
(effluent limitations)
Must measure specified pollutants
Report / self-certify on monitoring report forms
(MRFs)
Responsible corporate officials
Permits

Discharge to surface water (DSW)


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
Stormwater included
Discharge to ground water (DGW)
Underground injection control
Treatment works approvals
Indirect users / delegated local agencies
(DLAs) – industrial pretreatment program

Mini-NJDEPs
General NJPDES Permits
 Construction
activity / stormwater
 Construction dewatering
 Municipal stormwater
 Basic industrial stormwater
 Dental facilities with onsite wastewater
treatment
 Others
NJPDES Construction Stormwater
 Erosion
and sediment control best
management practices (BMPs)
 Control of litter and debris, and like waste
Groundwater
 Water
Supply
 Underground Aquifers
 Bedrock Wells
 Where Does it Come From / Where Does
it Go?
 Keeping it Clean – Contamination Issues
 Vapor Issues
Vapor Issues
•
•
What Causes Vapors?
Why Do We Care?
•
•
•
Vapors – contaminated soil &/or groundwater
might release vapors, and these migrate up
the soil column
Vapors Can Migrate into Buildings – they
might become trapped, like radon gas
Usually not a problem
Water Supply
 Streams,
Reservoirs, Aquifers
 Public Water Systems
 Private Water Purveyors
 Water Allocation Permits
 Enough Supply?

“Water Wars”
Wastewater
 Wastewater
Treatment Plans
 Wastewater Re-Use
 Septic Systems
 Public Cost
 Impact on Streams
 Impact on the Air
Water Quality Management
Planning
 Supply
 Development
 Wastewater
Impact
 Capacity and Sewer Hook-Up Bans



Inadequate capacity, or three months of
consecutive effluent exceedences
No new connections & no new applications
Exemption rules and local exemption criteria
Water Risk
& Climate Change
 Securities
and Exchange Commission
guidance: climate change disclosure
 Water risk component


Discharges
Supply
 Investor
& financing agreements
 Supply-chain agreements
 Impact?
Contact Information
David Restaino, Esq.
609.896.3600
[email protected]