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Notice of Rule Proposal
New Jersey Pollutant Discharge Elimination System (NJPDES) rules; Treatment Works Approvals, Capacity Assurance Program, Sewer Ban Program – N.J.A.C. 7:14A-22

Public Notice

Take notice that the New Jersey Department of Environmental Protection is proposing amendments to the NJPDES rules (N.J.A.C. 7:14A) at N.J.A.C. 7:14A-22.8 Application requirements for construction, installation, or modification of treatment works - stage II; N.J.A.C. 7:14A-22.16 Capacity assurance program; and N.J.A.C. 7:14A-22.17 Sewer ban imposition.

A statement of the substance of the proposal follows:  The purpose of the CAP rule at existing N.J.A.C. 7:14A-22.16 is to establish a mechanism for ensuring that treatment works, which includes both the treatment plant and the associated conveyance system(s), will avoid hydraulic overloads that could result in violation(s) of NJPDES permit discharge limits or unpermitted discharges.  Proposed amendments to the CAP rule increases the CAP trigger from 80% of permitted flow (based on a 3 month consecutive average using committed flow) to 100% of permitted flow (based on actual flows over 12 consecutive months); expands the regulatory requirements which includes: that a more detailed assessment of the treatment works be performed, a more detailed evaluation of alternative measures be performed that would maximize conveyance and treatment of existing flows, reduce existing flows below permitted flow at the treatment plant and ensure adequate conveyance capacity, and/or increase the capacity of the treatment works; requires the identification and justification for selected measures; requires the establishment of an implementation schedule; requires the description of the finance mechanism and certification that the chosen alternative will be implemented; requires that a Capacity Analysis Report (CAR) shall be due 180 days from the last month of a 12 month period that the treatment plant reaches or exceeds its permitted flow, or 180 days from notification from the Department (in cases dealing with wet weather events or conveyance system issues); clarifies the Department’s authority in relation to the Water Pollution Control Act and in regards to its ability to stopping the issuance of Treatment Works Approvals (TWAs) if a CAR is not submitted that meets the requirements of the rule or if capacity assurance measures established through the CAR are not implemented; expands the regulatory requirements to require that the owner or operator of a wastewater conveyance system submit a CAR; adds a regulatory requirement that the CAR be available to the public on the website of, and at the office of, the permittee or of the owner or operator of the conveyance system; and adds a mechanism to allow the permittee to exit the CAP if actual flow, over the previous 36 months, has not reached the permitted flow of the treatment plant.

The Department is also proposing amendments at N.J.A.C. 7:14A-22.8 that update the TWA application requirements for projects that include pump stations and/or treatment plants to include the submittal of GPS coordinates of that infrastructure, and at N.J.A.C. 7:14A-22.17 that revise the threshold from 80 percent of permitted flow to 100 percent of permitted flow within the sewer ban imposition requirements to be consistent with N.J.A.C. 7:14A-22.16 for when a facility shall be subject to the CAP.

The proposal is scheduled to be published in the New Jersey Register dated October 19, 2015.  A copy of the proposal is available from:  The rule proposal may be viewed or downloaded from the Department’s website at

A public hearing concerning the proposal is scheduled as follows:

Thursday, December 3, 2015 at 9:00 A.M. until 12:00 P.M.
New Jersey Department of Environmental Protection
Public Hearing Room
401 East State Street, Trenton, New Jersey 08625

Written comments may be submitted electronically by December 18, 2015 at; or
In hard copy to:

Gary J. Brower, Esq.
ATTN: DEP Docket No. 08-15-09
NJ Department of Environmental Protection
Office of Legal Affairs
Mail Code 401-04L; PO Box 402
401 East State Street, 7th Floor
Trenton, NJ 08625-0402


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Last Updated: January 27, 2022