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Governor McGreevey Announces
Most Comprehensive Water Protections in the Nation
300-foot buffer
will apply to more than 6,000 miles of waterways
(CLOSTER)— In his strongest move to date to protect
New Jersey’s drinking water and to stop sprawl, Governor
James E. McGreevey today announced the formal adoption
of two sets of stormwater rules that protect water quality
and preserve the integrity of drinking water supplies statewide.
The rules will minimize the impact hundreds of new development
projects, encouraging recharge of rainwater into the ground
and controlling development within a 300-foot buffer around
more than 6,000 miles of high quality waterways.
“As we stand here today, special interests are asking
the courts to overturn our previous actions to protect
drinking water and open space. Our actions today demonstrate
that we will not back down—our efforts to protect
drinking water will only get stronger, not weaker. “These stormwater rules are the most comprehensive
set of water protections in the nation—no other state
has required statewide 300-foot buffers around its high
quality waters. They will prove to be a critical tool in
our fight against sprawl.”
Standing near the banks of the Anderson
Brook, one of the tributaries of the Oradell Reservoir,
the Governor
used today’s event to highlight a local development
project that will have to be extensively redesigned as
a result of the stormwater rules in order to prevent the
degradation of this tributary to an important drinking
water resource. Joining him at the announcement were Department
of Environmental Protection (DEP) Commissioner Bradley
M. Campbell, Closter Mayor Fred Pitofsky, Rivervale Mayor
George Paschalis, and local and statewide environmental
advocates.
National and state environmental
leaders have hailed New Jersey’s new stormwater rules as among the most comprehensive
and most protective of any state’s rules. While at
least six other states provide for protective buffers and
groundwater recharge in certain areas, no other state calls
for a 300-foot buffer around all of its C1 waterbodies
and no net loss of recharge into underground aquifers.
“This is the most important and significant action
taken yet to protect New Jersey’s water since the
passage of the Freshwater Wetlands Act in 1988,” said
Jeff Tittel, Executive Director of the New Jersey Chapter
of the Sierra Club. “These stormwater rules prove
that Governor McGreevey is a national leader in protecting
water quality and stopping sprawl. This is a huge victory
for our environment.”
“With these rules, Governor McGreevey has taken
the single, largest step of any state in the nation to
protect drinking water, the environment and future generations,” said
Maya von Rossum, the Delaware River Keeper. “He has
set the standard for the rest of the nation to follow.
I can think of no better way to bring in the New Year than
with these new protections.”
The first set of adopted rules updates
the state’s
Stormwater Management Rules for the first time since their
original adoption in 1983. The rules provide the basis
for municipalities to develop stormwater management plans
and also will affect requirements of several state-issued
permits such as freshwater wetlands and stream encroachment
permits.
The second set of adopted stormwater rules requires municipalities,
large public complexes such as hospitals, and highway systems
to develop stormwater management programs through the New
Jersey Pollutant Discharge Elimination System (NJPDES)
permit program. The new NJDPES permits address requirements
of the federally mandated Environmental Protection Agency
(EPA) Phase II stormwater rules published in December 1999.
One of the most significant provisions of the new rules
is the requirement of a 300-foot buffer minimizing new
development to protect Category One (C1) waterbodies. C1
protection is the highest form of water quality protection
in the state, preventing any measurable deterioration in
the existing water quality. The buffers will significantly
protect critical drinking water and sensitive ecological
resources from degradation by additional pollutants.
The rules provide for some flexibility on the size of
the buffers in areas where stormwater management plans
have been approved and for minor disturbances around existing
development within the 300-foot buffer. The rules also
apply the buffer to tributaries of C1 waterbodies within
the immediate watershed boundary that are not themselves
designated C1 waterbodies.
In total, the buffers will impact
6,093 stream miles – including
the 3,307 miles of currently designated C1 rivers and streams
and an additional 2,786 miles of non-C1 tributaries to
C1 streams.
Since taking office, Governor McGreevey has made C1 protection
of important drinking water resources one of his top environmental
priorities. Last Earth Day, he designated nine reservoirs
totaling more than 7,000 acres and serving over 3.5 million
residents as C1 waterbodies. He has also proposed an additional
500 miles of ecologically sensitive streams and rivers
for C1 designation.
The Stormwater Management Rules
also stress performance standards for ground water recharge
to increase the integrity
of the state’s aquifers. They establish a goal of
maintaining 100 percent of the average annual groundwater
recharge for new development projects, a major initiative
toward mitigating future droughts and flooding.
In addition to recharge standards, the regulations also
stress water quality controls, such as best management
practices to reduce runoff of total suspended solids (TSS)
by 80 percent and other pollutants up to the maximum extent
feasible. The rules promote smart growth techniques, stressing
low impact site designs for stormwater management systems
that maintain natural vegetation and drainage and reduce
clear-cutting and the unnecessary loss of trees. Many of
the rules are waived and streamlined in urban areas, however,
promoting urban redevelopment while still protecting the
environment.
“Some studies estimate that more than half of existing
surface water pollution in the state is attributable to
non-point source pollution and stormwater runoff,” said
Commissioner Campbell. “By enacting these rules,
Governor McGreevey has kept his promise to take a firm
stand against sprawl, calling for common sense strategies
to ensure that pollution from development and from everyday
litter does not poison our water supplies.”
The DEP will issue the new NJDPES permits required by
the second set of stormwater rules for all municipalities;
large public complexes such as colleges, prisons, and hospitals;
and highway systems operated by counties and other government
agencies, such as the NJ Department of Transportation and
the South Jersey Transportation Authority. All permittees
will be required to develop and to adopt stormwater management
programs for new development.
In addition, permittees will have to develop public education
programs and waste disposal controls for existing developed
areas. These regulations affecting existing development
address a significant oversight in current regulations
that only focus on new development.
One of the most important focuses of this set of stormwater
rules is its emphasis on public education. Few people realize
the impact of everyday litter on their sources of drinking
water. By promoting public awareness campaigns, these rules
will help citizens realize that every person plays a critical
role in keeping our drinking water safe and clean.
The programs will emphasize common sense steps toward
reducing non-point source pollution, such as discouraging
unnecessary applications of pesticides, requiring proper
disposal of yard and pet waste, retrofitting of storm sewer
grates and improving municipal maintenance yard management.
The state developed both sets of stormwater control measures
with significant input from regulated communities, including
the New Jersey League of Municipalities, the New Jersey
County Planners Association, and the Association of New
Jersey Environmental Commissions. Developers, mayors, and
environmental groups were also heavily consulted in the
rulemaking process.
Both sets of rules were originally proposed on January
6, 2003 and were subject to an extensive public comment
period. The adopted rules will appear in the February 2,
2004 New Jersey Register.
NOTE: The
rule adoptions will be posted on the DEP web site when
available at www.nj.gov/dep/rules.
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