Exemption from the Green Acres Diversion Process
for Certain Water Treatment Facilities
Throughout New Jersey, many municipal water systems are grappling with the need to install treatment facilities for their drinking water wells to remove per- and polyfluoroalkyl substances (PFAS), or other drinking water contaminants for which the Department has established maximum contaminant levels under the New Jersey Safe Drinking Water Act, N.J.S.A. 58:12A-1 et seq.
In many locations, municipal drinking water wells are located on municipally-owned land that is subject to restriction as Green Acres encumbered parkland. In these locations, while operation of a preexisting well is not a violation of the Green Acres restrictions on the parkland, the installation of treatment equipment, facilities or other improvements to treat the drinking water from the well is not consistent with the Green Acres restrictions (which limit the use of the surrounding land to recreation and conservation purposes). Under the current Green Acres rules at N.J.A.C. 7:36, construction of such treatment equipment, facilities and improvements constitutes a diversion of parkland.
Given the pressing need to address the public health concerns posed by PFAS and other drinking water contaminants as quickly as possible, on July 20, 2023, Governor Murphy signed legislation creating a process by which municipalities may apply for an exemption from the Green Acres diversion process for certain treatment equipment, facilities and/or improvements proposed to be installed on Green Acres encumbered parkland to serve a pre-existing drinking water well. The legislation is codified at N.J.S.A. 13:8C-53a and may be found here.


What are maximum contaminant levels?
Under the New Jersey Safe Drinking Water Act, N.J.S.A. 58:12A-1 et seq., the Department is charged with assuming primary enforcement responsibility for the Federal Safe Drinking Water Act. Part of that responsibility is establishing the maximum permissible level of contaminants in drinking water which is delivered to consumers.
The rules governing the Department’s implementation of both the Federal and New Jersey Safe Drinking Water Acts may be found here: NJ SDWA Rule Text June 1 2020 The rules incorporate the National Primary Drinking Water Regulations, its maximum contaminant levels, and implements New Jersey’s discretionary changes to the National Primary Drinking Water Regulations which establish State specific maximum contaminant levels for various contaminants, including PFAS.
What are PFAS?
Perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), and perfluorononanoic acid (PFNA) are per- and polyfluoroalkyl substances (PFAS), previously referred to as perfluorinated compounds (PFCs), that are man-made and used in industrial and commercial applications. PFOA was used as a processing aid in the manufacture of fluoropolymers used in non-stick cookware and other products, as well as other commercial and industrial uses, based on its resistance to harsh chemicals and high temperatures. PFOS is used in metal plating and finishing as well as in various commercial products. Both PFOA and PFOS have been used in aqueous film forming foams for firefighting and training, and both compounds are found in consumer products such as stain resistant coatings for upholstery and carpets, water resistant outdoor clothing, and grease proof food packaging. PFNA has been historically used as a processing aid in the manufacturing of high-performance plastics that are resistant to harsh chemicals and high temperatures. Although the use of PFOA, PFOS, and PFNA has decreased substantially, contamination is expected to continue indefinitely because these substances are extremely persistent in the environment and are soluble and mobile in water. [Source: faq-pfas-in-drinking-water.pdf (nj.gov)]
More information on PFAS may be found at NJDEP| Per- and Polyfluoroalkyl Substances, (PFAS)
What are the criteria for an exemption under N.J.S.A. 13:8C-53a?
To qualify for an exemption from the Green Acres diversion process under N.J.S.A. 13:8C-53a, the proposed installation of treatment equipment, facilities or improvements on parkland must meet the following criteria:
- The drinking water well must be operated by a municipality, municipally owned and operated water utility or a municipal utility authority.
- The drinking water well must be pre-existing as of July 20, 2023.
- There is an exceedance or expected exceedance of a maximum contaminant level established by the Department under the Safe Drinking Water Act, N.J.S.A. 58:12A-1 et seq.
- The Department must approve the proposed project as reasonably necessary to address the exceedance or expected exceedance.
- The proposed project must be sited in such a manner as to minimize disturbance to the environment.
- The proposed project cannot substantially impact the use of the parkland for recreation and conservation purposes, including public access to the parkland.
- The governing body of the municipality in which the well is located must conduct a public hearing on the exemption request.
What is a pre-existing well under N.J.S.A. 13:8C-53a?
To qualify as “pre-existing” under N.J.S.A. 13:8C-53a, a well must have existed on the parkland prior to July 20, 2023.
Which drinking water purveyors can request an exemption under N.J.S.A. 13:8C-53a?
Under N.J.S.A. 13:8C-53a, a municipality may apply for an exemption for a municipally owned and operated water systems, municipal water utility or municipal utilities authority.
Privately owned water systems are not eligible for the exemption.
Applying for an Exemption
To apply for an exemption under N.J.S.A. 13:8C-53a, please submit this form:
Request for Diversion Exemption for Water Treatment Facilities (N.J.S.A. 13:8C-53a)
Once submitted, your form will be reviewed by the Public Land Compliance Section of OTPLA in consultation with the Department’s Water Resource Management Program.
The 45-day clock for the Commissioner’s approval does not start until your application is determined to be complete and you conduct the required public hearing. However, please do not conduct the public hearing required by N.J.S.A. 13:8C-53a1b until the Department authorizes you to do so. It is imperative that the public be afforded the opportunity to comment on an exemption request that is complete and has been determined by the Department to meet the criteria in N.J.S.A. 13:8C-53a.
Questions?
For further information, please contact:
Public Land Compliance Section
Office of Transactions and Public Land Administration
PublicLandCompliance@njdepwptest.net
Please include “Water Treatment Facility Exemption” in the subject line of your email.