New Form–Diversion Exemption Requests 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.

OTPLA has now launched a form for requesting an exemption under N.J.S.A. 13:8C-53a.  The form may be found here:  https://njdepwptest.net/otpla/public-land-compliance/water-treatment-facility-diversion-exemption-requests/.