OFFICIAL SITE OF THE STATE OF NEW JERSEY
Request a Pre-application Meeting
Prior to considering an application under WIPA, please set up a pre-application meeting.
Send the meeting request to WIPA@njdepwptest.net
WIPA stands for the Water Infrastructure Protection Act, Act, N.J.S.A. 58:30-1 et seq., (the “Act”). It was passed by the New Jersey Legislature in 2015. The Act authorizes certain owners of water or wastewater systems to enter a long-term lease contract or sell their water or wastewater assets to a capable private or public entity, without a referendum, if Emergent Conditions exist. In order to qualify for WIPA consideration, an owner must demonstrate the existence of at least one of the five Emergent Conditions specified by the Act.
Who qualifies for the WIPA process?
Any municipality:
- With a population less than 270,000, and
- That owns water or wastewater assets.
Municipalities constituting a joint meeting, and the joint meeting itself do not qualify for the WIPA process.
What is an Emergent Condition?
WIPA identifies five emergent conditions of which at least one must be met for a municipality to qualify for the WIPA process:
- Emergent Condition #1 – the system is located in an Area of Critical Water Supply Concern I or II, or any Consultation with other agencies as needed.
- Emergent Condition #2 – the system is a significant noncomplier, as defined pursuant to the Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq., the system has been the subject of a formal enforcement action initiated by the Department or is substantially out of compliance with an administrative consent order, settlement agreement, or has entered a stipulation of settlement or judicial consent order with the Department;
- Emergent Condition #3 – there is a present deficiency or violation of maximum contaminant levels established pursuant to the Safe Drinking Water Act, N.J.S.A. 58:12A-1 et seq., concerning the availability or potability of water, or concerning the provision of water at adequate volume or pressure, or distribution or treatment of wastewater;
- Emergent Condition #4 – there is a demonstrated lack of historical investment, repair, or sustainable maintenance as determined by the Department, or material damage to the infrastructure of the system; or
- Emergent Conditions #5 – the system lacks the financial, technical, or managerial capacity to adequately address any of the foregoing on a sustainable basis or own and operate the system in a way that supports economic activity in the municipality on a sustainable basis.