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Legislation Benefiting Property Excluded From Wastewater Service Areas Set To Expire January 2014

Counties attempting to satisfy DEP’s mandate to update Wastewater Management Plans (WMPs) have excluded significant areas of developable land from proposed future wastewater service areas (FWSA), limiting allowable groundwater discharge to 2,000 gpd or less.  Legislation adopted in January 2012 (P.L. 2011, c.203) provides affected landowners with an avenue of relief for such excluded parcels.  The Legislation allows for site specific amendments or revisions to WMPs for discharges to groundwater of greater than 2,000 gpd.

Lands not included in a FWSA are eligible for installation of septics.  A site specific amendment may be issued by DEP for discharges to groundwater from 8,000 gpd but less than 20,000 gpd if the New Jersey Pollutant Discharge Elimination System rules requirements are also met.  A site specific revision to the WMP may be issued for discharges between 2,000 and 8,000 gpd.

Applicants wishing to take advantage of the site specific amendment process should not delay.  The application requirements can be extensive and the law expires January 17, 2014.

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About this Author

Steven M. Dalton, Giordano Law Firm, Environmental Attorney

Mr. Dalton's primary practice is in Environmental Law. Mr. Dalton is able to utilize his background in environmental sciences to anticipate, understand and address the issues that his clients confront. He assists business and individual clients in state and federal environmental permitting, regulatory compliance, solid and hazardous waste remediation, underground storage tank compliance, land use matters and related civil and appellate litigation. Mr. Dalton has experience in handling litigation before COAH to preserve water and sewer for affordable housing developments and in...