[HISTORY: Adopted by the Board of Chosen
Freeholders (now Board of County Commissioners) of Atlantic County
5-9-1989 as part of Ord. No. 10-1989[1]; amended 6-8-1991 by Ord. No. 23-1991. Subsequent amendments
noted where applicable.]
[1]
Editor's Note: Ordinance No. 10-1989, Land
Development, was repealed 6-4-2002 by Ord. No. 3-2002. Section 3 of
Ord. No. 3-2002 specifically provided that the Water Quality Management
Plan Amendment Procedures not be included in the Land Development
chapter.
This chapter shall be known and may be cited
as the "Atlantic County Water Quality Management Plan Amendment Procedures."
The purpose of this chapter is to establish
procedures for the review, approval and adoption of proposals to amend
the Atlantic County Water Quality Management Plan.
A.
The New Jersey Water Quality Planning Act (N.J.S.A.
58:11A-1 et seq.) authorizes the New Jersey Department of Environmental
Protection and all agencies which have been designated to be "areawide
planning agencies" by the Governor to develop areawide water quality
management plans.
B.
The governing body of Atlantic County, which is comprised
of the County Executive and the County Board of County Commissioners,
is the designated areawide planning agency for Atlantic County.
C.
Pursuant to the aforesaid Act and the New Jersey Optional
County Charter Law (N.J.S.A. 40:41A-1) as effectuated by the Atlantic
County Administrative Code, the governing body of Atlantic County
has authority to prepare water quality management plans and authority
to prepare and effectuate administrative procedures governing amendments
thereto.
D.
The statewide water quality management planning rules
(N.J.A.C. 7:15) provide that areawide water quality management plans
may be amended under appropriate circumstances by the Department of
Environmental Protection or by the designated areawide planning agencies,
provided that procedures for water quality management plan amendment
have been promulgated and approved in accordance with the regulations
set forth in N.J.A.C. 7:15-3.4.
A.
The words "shall" and "must" are mandatory and not
discretionary.
B.
The words "should" and "may" are discretionary and
not mandatory.
C.
Words used in the singular shall include the plural,
and words used in the present tense shall include the future tense.
D.
All references to "the County" herein shall refer
to the County of Atlantic.
The several headings herein are provided for
convenience only and are not part of the procedures.
This chapter shall take effect upon approval
by the New Jersey Department of Environmental Protection.
A.
Atlantic County Water Quality Management Plan; relationship
to federal, state and local water quality management policies. A water
quality management plan for Atlantic County shall be maintained by
Atlantic County in accordance with the provisions of Section 208 of
the Federal Clean Water Act, the New Jersey Water Quality Planning
Act and all other applicable federal, state and County laws, rules
and regulations, policies and interagency agreements.
B.
Coordination with other planning agencies. Preparation
of plan amendments shall be coordinated with the policies and activities
of appropriate municipal, County and regional planning agencies, including
the New Jersey Pinelands Commission, in accordance with N.J.A.C. 7:15-3.7,
the New Jersey Division of Coastal Resources, in accordance with N.J.A.C.
7:15-3.6, County Master Plan Policies, etc. Any conflicts between
Atlantic County and any other designated planning agency shall be
referred to the New Jersey Department of Environmental Protection
for mediation.
C.
Coordination with state requirements.
(1)
Provisions of the Atlantic County Water Quality Management
Plan shall be consistent with state statutes, regulations and components
of the Statewide Water Quality Management Plan identified under N.J.A.C.
7:15-3.1(f).
(2)
Water quality management planning related documentation
which is set forth in present and future 201 Facilities Plans (that
are approved by the Department of Environmental Protection and the
United States Environmental Protection Agency after May 31, 1975)
shall constitute amendments to the Atlantic County Water Quality Management
Plan.
As used in this chapter, the following terms
shall have the meanings indicated:
The Atlantic County Water Quality Management Plan, also known
as the "areawide plan."
The Atlantic County Utilities Authority, the 201 Facilities
Planning Agency for Atlantic County.
Formal change to the Atlantic County Water Quality Management
Plan that has been approved and adopted or that may be proposed pursuant
to these procedures and N.J.A.C. 7:15-3.4. A wastewater management
plan (defined below) is one type of amendment.
An areawide water quality management plan authorized in Section
5 of the Water Quality Planning Act (N.J.S.A. 58:11A-1 et seq.),and
Sections 208 and 303 of the Clean Water Act, 33 U.S.C. § 1251
et seq.
The Bureau of Water Quality Planning of the New Jersey Department
of Environmental Protection, Division of Water Resources.
The Atlantic County Division of Planning in the Atlantic
County Department of Regional Planning and Development.
The Division of Water Resources of the New Jersey Department
of Environmental Protection.
The New Jersey Department of Environmental Protection.
The Atlantic County Planning Advisory Board.
Any individual, corporation, company, partnership, firm,
association or political subdivision of this state and any state,
federal or interstate agency.
A proposal seeking to amend the Atlantic County Water Quality
Management Plan which satisfies the requirements set forth herein
at § 86-60B.
An area which is defined and mapped in the Water Quality
Management Plan and its adopted amendments as being appropriate for
sewer service.
The plan for wastewater facilities prepared pursuant to Section
201 of the Clean Water Act, 33 U.S.C. § 1251 et seq.
The agency responsible for conducting 201 facilities planning
pursuant to Section 201 of the Clean Water Act, 33 U.S.C. § 1251
et seq. In Atlantic County, this is the Atlantic County Utilities
Authority.
A written and graphic description of existing and future
wastewater-related jurisdictions, wastewater service areas, selected
environmental features and domestic treatment works, which is prepared
pursuant to N.J.A.C. 7:15-5.1 et seq.
An areawide plan (in this case for Atlantic County) created
under Sections 208 and 303(e) of the Federal Clean Water Act, 33 U.S.C.
§ 1251 et seq., and the Water Quality Planning Act, N.J.S.A.
58:11A-1 et seq. The initial plan addressed a wide range of water
quality-related subjects and issues, including wastewater planning.
Further planning is now done through amending the WQMP.
A.
Who may propose to amend.
(1)
The Atlantic County Division of Planning may propose
to amend the ACWQMP, or any interested person may submit a written
documented petition to amend the ACWQMP.
(2)
The Atlantic County Division of Planning shall formally
propose amendments to the ACWQMP upon determination by the Division
of Planning that an amendment is necessary or desirable for various
reasons, such as to:
B.
Components.
(1)
Proposals to amend the ACWQMP shall be in writing
and shall include, at a minimum:
(a)
A basis and background report as a briefing
document for the Atlantic County Division of Planning, the PAB and
the Atlantic Board of County Commissioners. The report shall include
all relevant supporting documentation, including but not limited to
maps, resolutions authorizing the application, correspondence, etc.
(b)
A description of the need for, basis and intended
purpose(s) of the proposed amendment.
(c)
All information requested in the Atlantic County
Water Quality Management Plan Amendment request application, which
is annexed hereto as Appendix I,[1] as may be appropriate.
[1]
Editor's Note: Appendix I is included at the end of this chapter.
(d)
An identification of potentially significant
beneficial and adverse impacts of the adoption of the proposed amendment
to the quality of surface and/or ground water resources.
(e)
Such other information as specified by the Division
of Planning as required for the proper preparation, consideration,
approval and administration of the amendment.
(2)
Six copies of the above components of the amendment
proposal shall be submitted to the Planning Director of the Division
of Planning, Atlantic County Department of Regional Planning and Development.
Upon receiving the copies, the Division of Planning shall distribute
copies of the amendment proposal to the PAB, Atlantic County Utilities
Authority, Atlantic County Health Department and Atlantic County Law
Department.
(3)
Simultaneously, six copies of the amendment proposal
shall be submitted by the applicant to the Bureau of Water Quality
Planning in the Division of Water Resources, New Jersey Department
of Environmental Protection, whose address at the time of this chapter's
adoption is CN 029, Trenton, New Jersey 08625.
C.
Time for (initial) review by Division of Planning.
(1)
Within 90 days of receiving an amendment proposal which includes all components listed in Subsection B, the Division of Planning shall review such submission and prepare a fact sheet and staff analysis, as is set forth below in Subsection D. Before the end of the ninety-day period and in cooperation with the NJDEP, the Division of Planning, by a written notification to the applicant, shall either request additional information and/or revisions to the submission; decide to proceed further upon the proposed amendment by recommending approval thereof and proceeding to public notice, per Subsection G; or recommend disapproval of the proposed amendment.
(2)
Upon submission of modifications to the petition to
amend or the submission of changes or additional information in response
to written request by the Division of Planning or the NJDEP, the time
for review will be 90 days from such submission.
D.
Division of Planning staff analysis.
(1)
To ensure that the PAB will have time to act within the ninety-day review period per Subsection E, after the County receives an amendment proposal, modifications to an amendment proposal or additional information, the Division of Planning shall prepare a fact sheet and staff analysis regarding all proposed amendments with a recommendation from the professional staff. The fact sheet and staff analysis shall, as may be appropriate, identify the project; provide adequate background; provide its relationship to other plans and, specifically, to the Atlantic County Master Plan and ACWQMP and other relevant County plans; discuss the alternatives considered and provide a description of the method chosen; and provide the staff recommendation to approve or disapprove the amendment and, if appropriate, wording for that amendment. The fact sheet and staff analysis shall be signed and dated, and a copy shall be provided to the applicant and its experts, the NJDEP, the PAB, the ACUA, the Atlantic County Law Department and the Atlantic County Board of County Commissioners.
(2)
The NJDEP shall have the opportunity to complete its review of any proposed amendment and shall have made its decision to proceed prior to the publication of public notice as hereinafter provided in Subsection G.
(3)
In the event that the NJDEP shall disapprove a petition to amend pursuant to Subsection C and N.J.A.C. 7:15-3.4(d)2, then the Division of Planning shall include the findings and conclusions of the NJDEP within the Division of Planning fact sheet and staff analysis in its presentation to the PAB, per Subsection E. The application shall not proceed to public notice per Subsection G.
E.
Review by PAB. Within the ninety-day period set forth in Subsection C, the amendment proposal shall be presented to the PAB for a review and consideration during a regularly scheduled PAB meeting occurring as soon as may be possible after the preparation of the Division of Planning fact sheet and staff analysis. The PAB shall consider the amendment proposal, along with the fact sheet and staff analysis, and testimony submitted by the applicant or on behalf of the applicant, along with any testimony or comments offered by the general public. Based upon the testimony and recommendations, the PAB shall adopt a resolution to the Board of County Commissioners recommending approval or disapproval of the amendment proposal within 15 days of the meeting.
F.
Endorsement of applications.
(1)
As a part of each written notification of a decision to proceed delivered to an applicant under Subsection C above, the Division of Planning may identify, in cooperation with the NJDEP, a list of any governmental entities, sewerage agencies and BPU-regulated sewer or water utilities whose endorsement of the proposed amendment shall be requested. Within 15 days of receiving such notification, the petitioner shall submit, by certified mail (return receipt requested), a copy of the proposed amendment to these parties with a request that they endorse the proposed amendment within 60 days of their receipt of the request. An endorsement statement shall include a statement that the party concurs with or does not object to the proposed amendment. The endorsement shall not be preliminary, conditional or otherwise tentative and, if by a governing entity, shall be made by an appropriate resolution duly adopted by the governing body.
(2)
Where a party identified under this subsection fails
or refuses to act upon the request for endorsement, the reasons for
such failure or refusal to act, if known, shall be considered in the
final review of the proposed amendment.
(3)
The applicant shall promptly forward to the Division
of Planning copies of all endorsements and comments received and a
copy of all requests for endorsements (with certified mail return
receipts) sent to all parties that failed to provide endorsements
or comments within 60 days of their receipt of such request(s).
G.
Public notice of proposed amendment; public hearing
by PAB. If both the NJDEP and the County have made a decision to proceed
to public notice with the application, public notice shall be given
and a public hearing shall be held by the PAB, as specified below:
(1)
The NJDEP shall cause public notice to be given in
the New Jersey Register.
(2)
The applicant shall cause public notice to be given, at the applicant's expense, in two newspapers in general circulation in Atlantic County, one of which shall be the Atlantic City Press, which is the official newspaper of Atlantic County pursuant to N.J.S.A. 40:41A-142. The public notice shall be in a form provided by the BWQP and shall be given concurrently with the notice appearing in the New Jersey Register. The newspaper notice shall also include the date for a nonadversarial public hearing to be conducted by the PAB, described below in Subsection G(5). The notice shall be given at least 30 days prior to the PAB hearing.
(3)
Within 15 days after receipt of a decision to proceed under Subsection C above, the applicant shall deliver, by certified mail or personal delivery, a copy of the notice to the ACUA and to such municipal clerks, designated management agencies and other parties significantly affected by the amendment as previously identified by the NJDEP, BWQP and County Division of Planning under Subsection F(1) above, concerning endorsements.
(4)
Upon publication of notice, interested persons, including but not limited to those from whom endorsements have been requested under Subsection F(1) above, may submit written comments to the County Division of Planning. All comments shall be delivered within 15 days after the PAB hearing.
(5)
The amendment proposal shall be considered at a public
hearing by the Planning Advisory Board, which hearing shall be held
at the Board's regularly scheduled meeting as announced in the public
notice.
(6)
The Public Hearing by the PAB shall be conducted in
accordance with the requirements of the Open Public Meetings Act.[2] At the hearing, the PAB shall accept relevant testimony and evidence, including but not limited to testimony from the applicant or any retained professional in the applicant's employ and any testimony which may be offered by members of the general public or other interested persons; written comment submitted pursuant to Subsection G(4) above; endorsements made in response to endorsement request or denials thereof; and staff recommendations and testimony.
[2]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
(7)
The County shall tape-record the public hearing, and,
upon NJDEP or Division of Planning request, the applicant shall, at
its expense, secure a verbatim transcript of the hearing.
(8)
When the sixty-day endorsement period set forth in Subsection F has ended, a summary of all testimony, evidence and comments presented to the PAB, including all written comments submitted within 15 days after the public hearing and all responses to endorsement requests, shall be prepared by the Division of Planning and submitted to the Atlantic County Board of County Commissioners, along with any ordinance considered in accordance with § 86-62 hereof.
(9)
Notwithstanding anything herein to the contrary, the
application shall not be considered by the Planning Advisory Board
or by the Atlantic County Board of County Commissioners until the
petitioner shall:
An amendment shall be incorporated into the
ACWQMP only upon adoption of an ordinance by the Atlantic County Board
of County Commissioners and adoption of the amendment by the Governor
or his or her designee.
A.
The amending ordinance shall be based upon the fact
sheet and staff analysis, Planning Advisory Board resolution and record
of the Planning Advisory Board hearing, written comments, responses
to requests for endorsements and such other reports, testimony or
evidence as may be prepared or submitted pursuant to these procedures.
An attested copy of the amending ordinance shall be certified to the
governing body of every municipality in the County by the Clerk of
the Board of County Commissioners.
B.
The County shall, within 15 days of adoption of an
ordinance by the Board of County Commissioners and approval by the
County Executive, submit an attested copy of the ordinance, together
with supporting documentation, to the NJDEP BWQP, pursuant to N.J.A.C.
7:15-3.4(f).
C.
Any ordinance amending the ACWQMP shall not take effect
until the subsequent adoption of such amendment by the Governor or
his or her designee pursuant to N.J.A.C. 7:15-3.4(f).
A.
Notwithstanding anything herein to the contrary, in
accordance with N.J.A.C. 7:15-3.4(c), (i) and (j), amendments which
solely concern the following projects shall be processed only by the
NJDEP pursuant to the procedures set forth in N.J.A.C. 7:15-3.4(g):
(1)
Amendments for projects or activities proposed, constructed,
operated or conducted by the State of New Jersey or by the federal
government.
(2)
Amendments for projects or activities that are regulated
by the Solid Waste Management Act (N.J.S.A. 13:1E-1 et. seq.).
(3)
Amendments which address effluent limitations, schedules
of compliance, total maximum daily loads, wasteload allocations, load
allocations or listings of water quality limited segments.
B.
Notwithstanding anything herein to the contrary, amendments
which solely concern the following projects shall, upon the request
of the applicant, the NJDEP or the County, be processed by the NJDEP
pursuant to the modified expedited procedure set forth at N.J.A.C.
7:15-3.4(h); otherwise, they shall be processed by the County pursuant
to the procedures set forth above in §§ 86-61 and 86-62.
(1)
Schools, health care facilities or correctional facilities,
provided that such schools or facilities are publicly owned or operated.
(2)
New sewers or pumping stations to serve a project
or activity that is partially within a future sewer service area depicted
in the ACWQMP, provided that:
(a)
The proposed wastewater service area consists
of no more than 10 acres;
(b)
The proposed sewer or pumping station will convey
wastewater from such project or activity to the existing domestic
treatment works whose sewer service area is depicted in the ACWQMP.
In addition, the applicant must obtain a resolution of endorsement
from the owner or operator of each existing domestic treatment works
affected by the amendment and submit this resolution with the amendment
request; and
(c)
The proposed sewer or pumping station otherwise
complies with the requirements set forth in N.J.A.C. 7:15-3.4(h).
Appeal of a WQMP amendment adoption or rejection
by the Board of County Commissioners shall be to a court of competent
jurisdiction.
Nothing herein shall be construed to abridge,
limit or be in derogation of any power or responsibility vested in
the NJDEP in its review of any amendment pursuant to N.J.A.C. 7:15-3.4
et seq.