New Jersey Discharger - Vol. 4 No. 3

	Vol. 4 No. 3 Winter 1996
A Newsletter About New Jersey's Water Quality Programs

New Ground Water Program Challenges Permittees to Develop Their Own Plan for Meeting Environmental Goals

The Division of Water Quality recently developed a new approach to permitting ground water discharges that gives permittees and their consultants a more active role in the decision-making process. Rather than issuing DEP developed permits, in which the DEP sets and imposes all technical design and monitoring requirements, this approach establishes the environmental goals first and requires permittees to devise their own methods for achieving them.

"This concept is a radical departure from what we’ve done in the past," said program developer Dr. Fred Bowers of the division’s Bureau of Operational Ground Water Permits. "We wanted to develop a protection program that allows the regulated community to participate more in developing solutions to environmental issues. This new approach does just that and it gives permittees an opportunity to understand how complex permitting can be. Those that have participated in this program now have a better appreciation of the difficulties we experience in meeting environmental goals using methods that are acceptable to all stakeholders," Bowers said.

What is the GWPP Concept?

The new concept is called a Ground Water Protection Program or GWPP and consists of two basic components: 1) a DEP-created standard module that comprises the administrative requirements and the requirement (by reference) to institute the conditions presented in a GWPP, and 2) a GWPP document (plan) voluntarily created and signed by the permittee that contains all the operational and monitoring procedures necessary to demonstrate compliance with environmental goals.

What are the major features of the GWPP Concept?

The GWPP concept is based on the premise that some permittees want to take full responsibility for protecting ground water,
The GWPP concept provides clear environmental goals and guidance for demonstrating compliance with those goals,
The GWPP concept allows flexibility for the permittee by allowing them to devise their own methods for achieving environmental compliance, and
The GWPP concept is a more efficient method of permitting for the DEP because it fosters more cooperation with the regulated community, resulting in fewer contested decisions. (Permittees are unlikely to adjudicate provisions that they themselves developed.)

Not all permittees want to develop their own Ground Water Protection Program (GWPP) plans. However, if responses to a recent GWPP how-to seminar are any indication, most do. Of the invitations sent, 83% of permittees expressed an interest in attending, 5% did not want to participate, and 12% did not respond. Apparently, this concept is likely to be well received by many facilities.

To facilitate voluntary development of GWPP plans, the DEP provides interested parties with clear environmental goals and guidance for demonstrating goal achievement. The environmental goals are the Ground Water Quality Standards (N.J.A.C. 7:9-6)(GWQS). The GWQS require all ground water dischargers to comply with the antidegradation policy. In other words, the new discharge cannot lower ambient water quality conditions.

Ground water monitoring requirements are found in the proposed NJPDES rules at N.J.A.C. 7:14A-7. They establish three different monitoring approaches based upon whether the pollutant source is a point source or non-point source, and if the pollutant source is or is not intended to discharge.

The division is hopeful that the GWPP regulatory approach will lead to faster gains in water quality, since fewer contested permits will result in more being issued in a shorter period of time. Getting more permits in place as soon as possible is the surest way to meet environmental goals, as permits form the foundation for setting standards and ensuring compliance with those standards. If you have any questions about the GWPP, please contact Fred Bowers, Bureau of Operational Ground Water Permits, at (609) 292-0407.

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Last revision Tuesday, November 26, 1996