NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Land Use Management
Water Monitoring and Standards

Notice of Rule Proposal
Surface Water Quality Standards N.J.A.C. 7:9B-1.15, Classification and Antidegradation Upgrade of Shark River

Public Notice
Take notice that the New Jersey Department of Environmental Protection (Department) is proposing amendments of the Surface Water Quality Standards (SWQS), N.J.A.C. 7:9B. The SWQS govern the protection and enhancement of surface water quality and resources of the State of New Jersey. The rules include stream classifications (comprised of a use classification and an antidegradation designation), policies (including antidegradation policies), and water quality criteria for conventional and toxic pollutants applicable to all of the surface waters of the State. The SWQS are intended to aid the Department's implementation of the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A, Freshwater Wetlands Protection Act rules at N.J.A.C. 7:7A, Flood Hazard Area Control Act at N.J.A.C. 7:13-4, Stormwater Management rules at N.J.A.C. 7:8, and Water Quality Management Planning rules at N.J.A.C. 7:15.

The Department is proposing to amend the SWQS at N.J.A.C. 7:9B-1.15(c) to segment the non-tidal portion of Shark River from its source to Remsen Mill Road and rename this segment as Shark River Brook. In addition, the Department is proposing to upgrade the antidegradation designation of the Shark River Brook and its named and unnamed tributaries from Category Two to Category One based on "exceptional water supply significance." In addition, the Department is proposing to delete the twofold fresh and saline use classifications, FW2-TM/SE1 and FW2-NT/SE1 applicable to portions of the Shark River Brook and Shark River based on the monitoring data available on the levels of salinity. As a result, the non tidal portion of Shark River Brook from Route 33 to Remsen Mill Road is being proposed for reclassification as freshwater (FW2) and the tidal portion of the Shark River from Remsen Mill road to Atlantic Ocean is being proposed for reclassification as saline estuarine (SE1). However, the use classifications based on the trout status (FW2-TM and FW2-NT) applicable to the freshwater portion of the Shark River Brook remain the same.

The proposal will be published in the New Jersey Register dated December 20, 2004. View the proposal on the Water Monitoring and Standards web site.

Comments should be submitted by February 18, 2005 to:
Leslie W. Ledogar, Esq.
Attn. DEP Docket Number 32-04-11/432
NJDEP Office of Legal Affairs
P.O. Box 402
Trenton, NJ 08625-0402

The comment period has been extended. View notice of extension.