Did you know that according to the United States Census more than 25 percent of the U.S. population is served by onsite wastewater disposal systems (septic systems). Predictions indicate that 40 percent of future growth will be served by onsite systems (see figure #). Although onsite wastewater disposal is a valid alternative to public sewers, particularly in rural areas; without proper design, construction, maintenance and management these systems can cause ground water or surface water contamination. Examples of the potential impacts include nutrient (nitrogen, phosphorus) and pathogen (virus, bacteria) contamination of ground water and streams. As a result of the pollution concerns and the need to provide maintenance, the United States Environmental Protection Agency (EPA) has developed a set of voluntary guidelines to address these issues.

The EPA Guidelines for Management of Onsite/Decentralized Wastewater Systems include a stepwise progression of five model management programs or "stages of management" that comprise a comprehensive program a State can use to address these public health and pollution issues. In addition, the model programs are benchmarks for a State to: 1) identify its management objective, 2) evaluate whether its current program is adequate, and 3) determine both an appropriate management program, and the necessary program enhancements needed to achieve its management objectives and public health and environmental goals.

In New Jersey, the predicted population served by onsite systems is different than the National expectations, but not less dramatic. About 12% of the population in New Jersey is now served by onsite disposal systems, and future growth is predicted to be strong in previously rural areas. For example, counties like Sussex, Hunterdon, Burlington, Cumberland, Cape May, Salem, Gloucester, and Warren all had dramatic increases in the number of onsite systems over the past 30 years (see below). The DEP has always been progressive in its approach to control the ground water and surface water pollution associated with onsite wastewater disposal. Consequently, New Jersey's Onsite Wastewater Management Program, as implemented by the Division of Water Quality (DWQ), already comprises most of the program goals identified by EPA. However, as one would expect from a program that predates the National guidelines, DEP's program has institutionalized the components in its own way. The DWQ is committed to embracing the entire EPA program, and has developed an action plan to enable implementation of the complete program.

New Jersey's Existing Onsite Management Program

Onsite systems are regulated in New Jersey under the authority of the Realty Improvement Sewerage and Facilities Act (RISF Act), N.J.S.A. 58:11-23, and the Water Pollution Control Act (WPCA), 58:10A-1 et seq., as well as by the Act of Organization ("powers") of the Department of Environmental Protection at N.J S.A 13:1D-1 et seq. Local Boards of Health issue approvals for onsite systems that are in conformance with the regulations (N.J.A.C. 7:9A) often called "Chapter 199." Known as BOH systems, these systems discharge less than 2,000 gallons per day of human sewage (no industrial discharge).

If a system exceeds the domestic sewage criteria or if it exceeds a 2000 gallon per day threshold, it will probably need a NJPDES permit (N.J.A.C. 7:14A) issued under the authority of the WPCA. These are referred to as "NJPDES Systems." The DEP is responsible for regulating NJPDES permitted systems. Failure to comply with the permit can result in fines or penalties.

The local Boards of Health are responsible for enforcement of BOH Systems. If a BOH official determines that a system is malfunctioning, they are obligated by the rules to notify the owner to immediately take steps to repair the system.

There are no onsite systems in New Jersey that are not covered by either the NJDEP or the BOH.

New Jersey's Enhanced Onsite Management New Jersey Program

While all onsite systems are regulated and enforcement provisions exist, some aspects of New Jersey's Onsite Management Program are now focus areas for the DEP in its ongoing strategic plan. The focus areas can be simply stated as two items:

1. The DEP will address failing or inappropriately located septic systems.

2. The DEP will promote innovative technology.

These focus areas are being implemented by the DWQ in cooperation with the Division of Watershed Management, the Division of Science Research and Technology (DSRT), and the local Boards of Health.

The following ongoing projects are beginning to address the focus areas:

1. A project, conducted by the Association of New Jersey Environmental Commissions (ANJEC) to determine how many municipalities have existing septic system maintenance ordinances.

2. A DEP questionnaire is being circulated to all Health Departments to obtain statistics regarding the number and location new, existing, and failing septic systems.

3. A project administered by DSRT to monitor the ambient ground water conditions and to ascertain the relationship between land use, the existence of septic systems, and water pollution.

4. A DEP rulemaking initiative is underway to compile statistics regarding the number of malfunctions and their locations. This will enable the use of Alternative Technology systems that can provide higher quality treatment of wastewater.

Once these initiatives are completed, the DEP can identify the sources and severity of nonpoint pollution associated with onsite wastewater disposal. Where and when septic systems are implicated as major sources of nitrate or pathogen pollution, the DEP will establish strategies to improve the water quality of the impacted areas. These strategies may include the designation of "critical areas" near wetlands, streams, lakes, or wellhead protection areas. Critical areas may need protection from new development, or advanced treatment systems when repairs or alterations are necessary. Completion of these initiatives will bring New Jersey into full compliance with the USEPA Guidelines.

Copies of the EPA Guidelines are available at http://www.epa.gov/owm/decent/index.htm. If you have any additional questions regarding New Jersey's program, please contact Dr. Fred H. Bowers, Chief, Program Development Section, Bureau of Nonpoint Pollution Control.