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

On July 9, 1996, U.S. EPA Region II formally approved the DEP's Combined Sewer Overflow Control Strategy. This approval was based on the development and issuance of a general permit for combined sewer systems, administrative consent orders and individual NJPDES permits containing certain language specific to the abatement of combined sewer overflows (CSO), and NY/NJ Harbor Estuary Program commitments made by the DEP regarding CSO abatement.

In 1989, EPA issued the National CSO Control Strategy which required delegated states to develop and submit state CSO control strategies to EPA for approval. In response to this requirement, the DEP submitted its strategy in February 1990 and received a conditional approval from EPA in August 1990. The approval was conditional because EPA wanted more emphasis on the short-term control of floatables discharged to the NY/NJ Harbor Estuary. The wash-up of floatables on beaches in the late 1980s caused multi-billion dollar economic losses in New Jersey and New York.

Since 1991, both the DEP’s strategy and the national strategy underwent major revisions. The DEP determined, after issuing several "individual" and "system-wide" permits, that the permit process could be streamlined by consolidating many CSO discharges under one general permit. This would greatly reduce the administrative burden and initiate uniform controls on CSOs sooner. The EPA’s revisions to the national strategy provide greater detail on how to meet Clean Water Act standards through CSO abatement. These revisions initiated a negotiation process involving EPA, states, environmental advocacy groups, the regulated community, and stakeholders in CSO abatement. The negotiations culminated with the issuance of the National CSO Control Policy in April 1994. The National CSO Control Policy was more comprehensive than the national strategy, providing additional guidance on attaining Clean Water Act technology-based limitations and identifying requirements CSO communities needed to follow to ensure water quality-based standards are met.

In March 1995, the DEP issued a combined sewer systems general permit and made it available to all owners and/or operators of these systems (excluding treatment facilities). The EPA supported this general permit because it contained the applicable "Nine Minimum Controls" for combined sewer systems, is in accord with national policy, is particularly strong on the control of Solids/Floatables, and requires significant land-side combined sewer system monitoring and modeling.

In June 1996, the DEP issued NJPDES surface water discharge permits to publicly owned treatment works (POTW) in the NY/NJ Harbor Estuary area. These permits require the maximization of wastewater conveyance to POTWs for treatment and the minimization of non-domestic user discharges during wet weather periods.

To fully conform with the national policy, CSO abatement plans must include ambient water quality monitoring and modeling. Once DEP develops such plans, new programs will be needed to ensure CSO discharges meet applicable water quality standards and protect designated water body uses. The EPA and the DEP have committed to obtaining enforceable commitments from POTWs implementing long-term CSO control plans by December 31, 1996. The DEP is further committed to obtaining equally enforceable commitments towards this same end from all other combined sewer system owners and operators after this date.

If you have any questions regarding the DEP’s CSO program, please contact Dan Zeppenfeld, P.E., of the Bureau of Construction and Connection Permits at (609) 984-4429.