042009a

NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
LAND USE MANAGEMENT

Notice of Rule Proposal
Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A – Proposed Amendments
Surface Water Quality Standards, N.J.A.C. 7:9B – Proposed Readoption with Amendments
New Jersey Pollutant Discharge Elimination System, N.J.A.C. 7:14A – Proposed Amendments

Public Notice
Take notice that the NJ Department of Environmental Protection is proposing to readopt with amendments the Surface Water Quality Standards at N.J.A.C. 7:9B.  The Department is also proposing to amend the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-1.4 and New Jersey Pollutant Discharge Elimination System at N.J.A.C. 7:14A-1.2 to assure consistency and to recodify some provisions.

The Department is proposing several amendments to the Surface Water Quality Standards as part of this readoption.  Revisions to the nutrient policies and phosphorus criteria, inclusion of a new range of pH criteria applicable to southern coastal waters and new stream classification table for waters subject to the new pH criteria, revised temperature criteria and an updated cyanide criterion are the key amendments being proposed at this time.  Other proposed amendments included a new policy encouraging reclaimed water for beneficial uses, a proposal to use the Integrated Water Quality Monitoring and Assessment Methods to identify impaired waters, and a procedure to update certain criteria through notice in the New Jersey Register.  The proposal is scheduled to be published in the New Jersey Register dated April 20, 2009.  A courtesy copy of the proposal(PDF) is available from the Department’s Web site.  It may also be purchased from Lexis/Nexis at www.lexisnexis.com/bookstore.

A public hearing concerning this proposal is scheduled on Thursday, June 4, 2009 from 3:30-5:00 P.M. or close of testimony and from 6:00-7:00 P.M. or close of testimony, at:

Department of Environmental Protection
401 East State Street
Public Hearing Room
Trenton, NJ 08625

Written comments may be submitted by June 19, 2009 to:

Gary J. Brower, Esq.
Attn. DEP Docket Number 07-09-03/454
Office of Legal Affairs
New Jersey Department of Environmental Protection
401 East State Street, Floor 4
P.O. Box 402
Trenton, NJ 08625-0402