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State of New Jersey Department of Environmental Protection
State of New Jersey Department of Environmental Protection

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Notice of Rule Proposal:

Take notice that the NJ Department of Environmental Protection is proposing readoption with amendments to N.J.A.C. 7:9A.  The Standards for Individual Subsurface Sewage Disposal Systems were scheduled to expire on January 26, 2011. The filing of this proposal with the Office of Administrative Law before that date automatically extended the expiration date 180 days, until July 26, 2011, in accordance with the Administrative Procedure Act. (See N.J.S.A. 52:14B-5.1c.) The Department has reviewed these rules and has determined that with amendments, the rules continue to be necessary, reasonable and proper for the purpose for which they were originally promulgated. Therefore, the Department proposes to readopt this chapter with amendments.

The Standards for Individual Subsurface Sewage Disposal Systems contain the standards under which onsite subsurface sewage disposal systems (septic systems) are designed, constructed, operated, maintained and inspected.  The Department estimates there are over 350,000 onsite systems in the State serving over 1 million residents.  The purpose of the Standards for Individual Subsurface Sewage Disposal Systems is to protect public health as required by the Realty Improvement Sewerage and Facilities (RISF) Act (1954), N.J.S.A. 58:11-23, and to prevent water pollution as required by the Water Pollution Control Act, N.J.S.A. 58:10.  The proposed amendments establish standards for the use of advanced wastewater treatment and disposal technology for onsite wastewater treatment systems.  These advanced systems are not currently addressed by the existing rule.  Other proposed amendments establish a standard to support adequate inspection of septic systems during real estate transactions, require closure and upgrading of cesspools, provide enhanced reporting of health department information to the Department and modify the select fill criteria for soil replacement in the construction of conventional septic systems.  Amendments are proposed to modernize the current standards, which have remained largely unchanged since 1990.  A number of other changes are proposed to codify existing policies and guidelines; improve efficiencies enabled through the use of modern technology such as electronic submittals of data from health departments; and correct administrative errors.

The proposal is scheduled to be published in the New Jersey Register dated March 7, 2011.  A copy of the proposal is available from:  The DEP website (PDF), official repository libraries; LexisNexis Customer Service at (800)223-1944 or  Be advised that there may be a fee for obtaining a copy of the proposal from some sources.

Written comments may be submitted by May 6, 2011 to:

Gary Brower, Esq.
ATTN: DEP Docket No. 02-11-01
NJ Department of Environmental Protection
Office of Legal Affairs, 4th Floor
PO Box 402
Trenton, NJ 08625-0402

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