Survey
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
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 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 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) 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]