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.
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.
As used in this chapter, the following terms
shall have the meanings indicated:
ACWQMP
The Atlantic County Water Quality Management Plan, also known
as the "areawide plan."
ACUA
The Atlantic County Utilities Authority, the 201 Facilities
Planning Agency for Atlantic County.
AMENDMENT
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.
AREAWIDE PLAN
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.
BWQP
The Bureau of Water Quality Planning of the New Jersey Department
of Environmental Protection, Division of Water Resources.
DIVISION OF PLANNING
The Atlantic County Division of Planning in the Atlantic
County Department of Regional Planning and Development.
DWR
The Division of Water Resources of the New Jersey Department
of Environmental Protection.
NJDEP
The New Jersey Department of Environmental Protection.
PAB
The Atlantic County Planning Advisory Board.
PERSON
Any individual, corporation, company, partnership, firm,
association or political subdivision of this state and any state,
federal or interstate agency.
PETITION TO AMEND
A proposal seeking to amend the Atlantic County Water Quality
Management Plan which satisfies the requirements set forth herein
at § 86-60B.
SEWER SERVICE AREA (SSA)
An area which is defined and mapped in the Water Quality
Management Plan and its adopted amendments as being appropriate for
sewer service.
201 FACILITIES PLAN
The plan for wastewater facilities prepared pursuant to Section
201 of the Clean Water Act, 33 U.S.C. § 1251 et seq.
201 FACILITIES PLANNING AGENCY
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.
WASTEWATER MANAGEMENT PLAN
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.
WATER QUALITY MANAGEMENT PLAN (WQMP)
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.
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).
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.