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Coastal Nonpoint Pollution Control Program
Nonpoint Source Pollution
 Nonpoint source (NPS) pollution originates from many diffuse sources.
It is carried and deposited into waterways and groundwater by rainfall
or snowmelt moving over and through the ground. As the runoff moves,
it picks up natural and human-made pollutants, depositing them into
lakes, rivers, wetlands, coastal waters, and even underground sources
of drinking water. These pollutants include:
- Excess fertilizers, herbicides, and insecticides from agricultural
lands, and residential areas;
- Oil, grease, and toxic chemicals from vehicles, urban and developed
land and energy production facilities;
- Sediment from improperly managed construction sites, crop and
forest lands, and eroding streambanks;
- Salt from irrigation practices and acid drainage from abandoned
mines;
- Bacteria and nutrients from livestock, pet wastes, and faulty
septic systems;
- Atmospheric deposition and hydromodification are also sources
of nonpoint source pollution.
Visit the NJDEP
Stormwater and Nonpoint Source Pollution website for additional
details.
Federal Coastal Nonpoint Pollution Control Program
The Coastal Nonpoint Pollution Control Program (Section 6217 of the
federal Coastal Zone Management Act Reauthorization Amendments of
1990- CZARA) addresses NPS pollution source problems in coastal waters.
The federal program is administered jointly by the US
Environmental Protection Agency (EPA) and the National
Oceanic and Atmospheric Administration (NOAA).
Section 6217 requires states and territories with approved Coastal
Zone Management Programs to develop a Coastal Nonpoint Pollution Control
Program describing how the state/territory will implement NPS pollution
controls, known as management measures. There are six categories of
management measures that each state is required to address:
- agricultural sources,
- forestry,
- urban areas,
- marinas and recreational boating,
- hydromodification, and
- wetlands, riparian areas, and vegetated treatment systems.
The measures are more fully described in the Guidance
Specifying Management Measures for Sources of Nonpoint Pollution in
Coastal Waters (USEPA).
Introduction to New Jersey’s Program
 New Jersey developed its Coastal Nonpoint Pollution Control Program
plan (CNPCP) in response to the congressional mandate. The New Jersey
Department of Environmental Protection (NJDEP) is responsible for
administering the CNPCP. The management measures are addressed and
implemented by divisions and sections within the NJDEP, as well as
other state departments such as the New Jersey Department of Agriculture.
There are several types of mechanisms by which the management measures
are implemented. Some are voluntary programs, while others include
enforceable policies created by rules, regulations, memorandums of
agreement, executive orders, etc.
The New Jersey CNPCP management measures apply statewide.
Program Coordination
The CNPCP must be coordinated with specific sections of the Federal
Water Pollution Control Act (also known as the Clean Water Act). These
are: Section 208 (Water Quality Management Planning Program); Section
303(d) (Total Maximum Daily Load Program (TMDL)); Section 319 (Nonpoint
Source Pollution Control Program); and Section 320 (National Estuary
Program). Various offices within the Department are responsible for carrying out these programs. The Office of Water Resource Management Coordination implements the Water Quality Management Program;
TMDL development and the 319(h) grant program are administered within the Bureau of Environmental Analysis, Restoration and Standards. Three National Estuary Programs involve New Jersey waters: Barnegat, Delaware and NY/NJ Harbor. The Department maintains multidisciplinary liaisons to each of the national estuary programs.
In New Jersey, the CNPCP can be viewed as a wagon wheel with the
Coastal Management Program at the center, with oversight and management
responsibilities, and the other divisions, sections, and programs
within the NJDEP and other Departments as the spokes implementing
the actual rules, regulations, and programs that fulfill the management
measures. The spokes are many and include the Soil Conservation Program,
the Site Remediation Program, the Pesticide Control Program, the New
Jersey Sea Grant Education and Outreach Program, the Green Acres Program,
the Stormwater Management and Permitting Program, the Division of
Land Use Regulation and all associated permits issued by that Division,
the Dam Safety Program, the Pinelands Commission, programs within
the New Jersey Department of Transportation, and others. The Coastal
Management Program is both at the center of the wheel as well as one
of the spokes as it also plays a role in implementation of many of
the management measures.
Full Approval for New Jersey's Coastal Nonpoint Pollution
Control Program
In July 1995, New Jersey submitted to EPA and NOAA its Coastal Nonpoint
Pollution Control Program document outlining how the state, through
regulatory and voluntary means, implements the management measures.
In 1997 NOAA and EPA conditionally approved the Program, determining
that some of the management measures were not sufficiently met. Since
that time, the NJDEP has made several changes in policy and has entered
into MOAs with other state Departments to fulfill the requirements.
In January 2010, NOAA and EPA granted New Jersey full approval of
its Coastal Nonpoint Pollution Control Program.
Relevant New Jersey Environmental Statutes
As mentioned above a majority of the Section 6217 management measures
are fulfilled by environmental statutes and their implementing regulations.
The following statutes contain rules that provide the NJDEP with
the authority to implement the Section 6217 management measures:
- New Jersey Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq.
- NJ Soil Conservation Act N.J.S.A.4:24-1 et seq.
- Soil Erosion and Sediment Control Act N.J.S.A. 4:24-39 et seq.
(statute)
- Agriculture Retention and Development Act N.J.S.A. 4:1C-11 et
seq. (statute)
- Pesticide Control Act N.J.S.A. 13:1F-1 et seq. (statute | background)
- Pinelands Protection Act N.J.S.A. 13:18A-1 et seq. (statute)
- Coastal Area Facility Review Act N.J.S.A. 13:19-1 et seq. (statute)
- Waterfront Development Act N.J.S.A.12:5-3 et seq. (statute)
- Wetlands Act of 1970 N.J.S.A. 13:9A-1 et seq. (statute)
- Flood Hazard Area Control Act N.J.S.A. 58:16A-50 et seq. (statute)
- Freshwater Wetlands Protection Act N.J.S.A. 13:9B-1 et seq. (statute)
- Water Pollution Control Act N.J.S.A. 58:10-1 et seq. (statute)
- Deleterious Substances Act N.J.S.A. 23:5-28 (statute)
- Solid Waste Management Act N.J.S.A. 13:1E-1 et seq. (regulations)
- Reality Improvement Sewerage and Facilities Act (“Chapter 199”)
N.J.S.A. 58:11-23 (regulations | background)
- Municipal Boards of Health N.J.S.A. 26:3-1 et seq. (statute | NJDOH)
- County Environmental Health Act N.J.S.A. 26:3A2-21 et seq. (background | program
info | statute)
- Statewide Source Separation and Recycling Act N.J.S.A. 13:1E-1
et seq.
- Clean Communities Act N.J.S.A. 13:1E-92 (background)
- Spill Compensation and Control Act N.J.S.A. 58:10-23.11 et seq.
(regulations)
- Environmental Cleanup Responsibility Act N.J.S.A. 13:1K-6 et seq.
- Marine Sewerage Treatment Act
- New Jersey Boat Act of 1962 N.J.S.A. 12-7-34.36 et seq. and N.J.S.A.
12:7A-29 (statute)
- Delaware and Raritan Canal Commission N.J.S.A. 13:13A-1 et seq.
(background | regulations)
- Federal Sea Grant College Program Act (background)
How To Get a Copy of Rules and Regulations
Table of NJ Environmental Rules:
https://www.nj.gov/dep/rules/nj_env_law.html
When you search for statutes on http://www.njleg.state.nj.us/,
place the statute reference number in quotation marks in your search.
For example, when searching for the Deleterious Substances Act N.J.S.A
23:5-28, use the search term “23:5-28”.
Note: How To Get a Copy of Rules and Regulations
LexisNexis ® is the publisher of the New Jersey Register (N.J.R.)
and the New Jersey Administrative Code (N.J.A.C.).
The New Jersey Register is the official journal of State agency rulemaking.
Published twice a month, the Register contains the full text of rules
that State agencies propose and adopt, as well as notices of public
hearings, Gubernatorial Orders, and other notices.
The New Jersey Administrative Code is a compilation of all of the
rules of State agencies.
To purchase a copy of the New Jersey Register or the New Jersey Administrative
Code, contact LexisNexis ® Customer Service at (800) 223-1940,
or go to the LexisNexis ® bookstore on the internet at http://www.lexisnexis.com/bookstore.
The New Jersey Register and the New Jersey Administrative Code may
be available for review at individual public and university libraries
throughout the State. Contact the library directly to determine if
the publications are available.
Table of NJ Environmental Statutes and Regulations: https://www.nj.gov/dep/legal/nj_env_law.htm
When you search for statutes on http://www.njleg.state.nj.us/,
place the statute reference number in quotation marks in your search.
For example, when searching for the Deleterious Substances Act N.J.S.A
23:5-28, use the search term “23:5-28”.
CNPCP Highlights
Clean Marina Program
To protect critical coastal habitat areas that are home to a variety
of organisms including algae, plankton, shellfish, and finfish, the
NJDEP has developed a statewide clean marina program. This program
encourages marina owners, yacht clubs, boatyards and boaters to voluntarily
adopt practices that help prevent adverse impacts to water quality,
sensitive habitats, and living resources in proximity to marinas.
The New Jersey
Clean Marina Program will help prevent adverse impacts to coastal
resources by encouraging best environmental management practices through
education and outreach to boaters and marina owners. It provides assistance
and guidance to enable marinas and other recreational boating facilities
to reduce the sources and impacts of nonpoint source pollution. Focus
areas include proper and safe sewage management, fueling operations,
fish and solid waste management, solid and liquid waste recycling,
and boat maintenance and repair.
Stormwater Management
The Stormwater Permitting Program helps prevent degradation of waters
caused by runoff from new development, roads, municipal lots, commercial
facilities, etc. It is one of the most ambitious programs undertaken
by the Department. Because of its size (affecting up to 20,000 facilities
in New Jersey alone), innovative ways of permitting are being utilized
that streamline the process and lower the usual economic costs of
environmental regulation while insuring that the stormwater permitting
process is fair, reasonable, and effective. There are several types
of permits including general permits, individual permits, and Municipal
Stormwater General Permits.
Two sets of new stormwater rules became effective February 2, 2004
that establish a comprehensive framework for addressing water quality
impacts associated with existing and future stormwater discharges.
The first set of rules is the Phase II New Jersey Pollutant Discharge
Elimination System Stormwater Regulation Program Rules (N.J.A.C. 7:14A).
These Rules are intended to address and reduce pollutants associated
with existing stormwater runoff. The permit program establishes the
Statewide Basic Requirements that must be implemented to reduce nonpoint
source pollutant loads from these sources. The second set of regulations
is known as the Stormwater Management Rules (N.J.A.C. 7:8). These
Rules set forth the required components of regional and municipal
stormwater management plans and establish the stormwater management
design and performance standards for new (proposed) development. The
design and performance standards for new development include groundwater
recharge, runoff quantity controls, runoff quality controls, and Category
One buffers.
For more information please see the NJDEP Stormwater and Nonpoint
Source Pollution Program website.
Onsite Disposal Systems (Septic Systems)
In January 2010, New Jersey met the final outstanding condition regarding
the development of a process for inspection of on-site sewage disposal
systems (OSDS) at a frequency adequate to determine whether systems
are failing via the readoption of the Water Quality Management Planning
Rules N.J.A.C. 7:15 (https://www.nj.gov/dep/rules/rules/njac7_15.pdf).
The rules prescribe water quality management policies, procedures
and standards which protect public health; safeguard fish, aquatic
life, and scenic and ecological values; and enhance domestic, municipal,
recreational, industrial and other uses of water. The amendments to
the rules include a requirement that municipalities establish a mandatory
maintenance program to ensure the proper functioning of OSDS. Specifically,
an approvable Wastewater Management Plan must “Demonstrate that areas
to be served by individual subsurface sewage disposal systems are
subject to a mandatory maintenance program, such as an ordinance,
which ensures that all individual subsurface sewage disposal systems
are functioning properly. This shall include requirements for periodic
pump out and maintenance, as needed" (N.J.A.C. 7:15-5.25(e)3).
Additionally, the location, design, construction, installation, repair
and operation of individual septic systems in New Jersey are subject
to the Standards for Individual Subsurface Sewage Disposal Systems
(N.J.A.C. 7:9A) pursuant to the authority of the Realty Improvement
Sewerage and Facilities Act (N.J.S.A. 58:11-23). Through integrating
the elements of soils, geology, and engineering, a relatively simple
system of onsite wastewater disposal and renovation can effectively
remove disease-causing pathogens and chemical nutrients from domestic
wastewater.
Relevant NJDEP publications related to OSDS include:
Wetlands
New Jersey recognizes the important role of wetlands, riparian areas,
and vegetated treatment systems in reducing nonpoint source pollution.
Both the Freshwater Wetlands Act and the Wetlands Act of 1970 are
water pollution control programs that address non point source pollution
and stormwater management. The Freshwater Wetlands Protection Act
requires DEP to regulate virtually all activities proposed in the
wetland, including cutting of vegetation, dredging, excavation or
removal of soil, drainage or disturbance of the water level, filling
or discharge of any materials, driving of pilings, and placing of
obstructions.
The NJDEP also encourages techniques such as watershed and regional
land use planning, stream corridor protection, and land preservation.
New Jersey also participates in the Wetlands
Reserve Program (USDA-NRCS) which permanently helps preserve and protect wetlands
in order to promote water quality and improve habitat.
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