Vol. 4 No. 1 Summer 1996
A Newsletter About New Jersey's Water Quality Programs

In December 1994, DEP Commissioner Robert C. Shinn Jr. established a department-wide task force to re-evaluate the use of chlorine for uncontrolled sewage discharges to waters of the state. Uncontrolled discharges usually result from infrastructure failure or other emergency conditions in sewage collection and/or treatment facilities. Commissioner Shinn established the task force in the aftermath of a large sewage spill into Big Timber Creek, which flows into the Delaware River in Camden County. During this spill, large quantities of chlorine were used for disinfection purposes and may have contributed to a fish kill as well as other negative environmental impacts. The Commissioner formally adopted the policy proposed by the task force on January 30, 1996.

Historically, local health agencies and sewerage authorities have applied chlorine products to uncontrolled sewage discharges and open waterways to disinfect or partially treat sewage prior to discharge to surface waters. However, from a regulatory standpoint, the use of chlorine in uncontrolled situations is not consistent with the provisions of the Federal Insecticide, Fungicide and Rodenticide Act 7 (N.J.S.C. 136 et seq.) and the State Pesticide Control Regulations (N.J.A.C. 7:30 et seq.), which regulate chlorine products as pesticides with stringent restrictions on their legal use. Of equal importance is the effectiveness of chlorine applications on uncontrolled discharges. While chlorine is an effective bactericide in closely controlled situations, such as in sewage and water treatment plants and swimming pools, the DEP has been unable to confirm that its application to sewage in the open environment (under highly variable physiochemical conditions) provides substantial pathogen reduction in a sewage contaminated waterway. Therefore, this disinfection method's ability to reduce the risk of contacting waterborne diseases upon exposure to contaminated waters cannot be confirmed. (Contact with waterborne diseases can occur through recreational bathing, shellfish consumption, or minor physical contact during boating or fishing.)

In addition to the disinfection issue, many laboratory studies and field observations document chlorine's severe toxic effects on aquatic biota. Since it is impossible, in situations of uncontrolled sewage discharges, to effectively monitor feed rates, control residuals, ensure appropriate mixing and contact time, and monitor the effectiveness (if any) on pathogen reduction, the use of chlorine in this manner can adversely impact aquatic organisms.

Therefore, based on chlorine's variable effectiveness and its toxic impacts on aquatic life, the DEP now prohibits the practice of chlorinating uncontrolled discharges of raw and partially treated sewage to surface waters and/or the waterways themselves, by all agencies, authorities and persons. The DEP has further determined the most effective means of protecting public health, while minimizing environmental degradation during such discharges, is to sequester the affected waterway. This policy requires timely communication to the public and downstream users of the waterway to ensure appropriate sequestering and remedial and protective measures are taken as necessary. The exact nature and extent of the water quality problem should be transmitted to the appropriate state and local environmental and public health agencies.

The DEP now also prohibits the use of chlorine during the "clean up" phase of uncontrolled incidents. (Such cleanups occur after the sewage discharge has ceased. Historically, chlorine was applied to streets and grounds affected by uncontrolled discharges.) Instead, residual solids and contaminated soils should be removed and disposed of properly, and if necessary lime, not chlorine, should be applied to the soil for odor control purposes. Lime is not a regulated pesticide and is commonly used by gardeners, landscapers, and farmers. However, to minimize the risk of storm run-off into streams (lime can alter the pH of a waterbody), users should monitor precipitation forecasts and apply lime in appropriate amounts. In the case of streets, potable water should be used to wash away residual solids.

In summary, when incidents of uncontrolled sewage discharges occur, the focus and energies of all involved agencies will now be on public notification, sequestering of the waterway, and abating the discharge as quickly as possible. The use of chlorine in such situations is prohibited. If you have any questions concerning this policy, please feel free to contact your regional Water Compliance & Enforcement Bureau at the numbers listed below.

Central Region (609) 584-4200
(Burlington, Mercer, Middlesex, Monmouth, and Ocean Counties).

Metro Region (201) 669-3900
(Bergen, Essex, Hudson, and Union Counties).

Northern Region (201) 299-7592
(Hunterdon, Morris, Passaic, Somerset, Sussex, and Warren Counties).

Southern Region (609) 346-8032
(Atlantic, Camden, Cape May, Cumberland, Gloucester, and Salem Counties)

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