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  • NJ A2405
  • Establishes notification, signage, and monitoring requirements related to combined sewer overflows.
In Committee
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill would establish notification requirements for combined sewer overflows (CSO), require signage at combined sewer overflow points (CSO points) and recurring overflow sites, and require monitoring at recurring overflow sites. Under the bill, an entity issued a general permit for a combined sewer system by the Department of Environmental Protection (DEP) under the New Jersey Pollutant Discharge Elimination System (NJPDES) program pursuant to the "Water Pollution Control Act" to regulate CSOs (a "permittee") would be required to report to the DEP any CSO or any potential discharge of raw or diluted sewage into the surface waters or groundwaters of the State. The report would be made no later than when the CSO occurs in the case of an anticipated wet weather event and within one hour after the CSO occurs in the case of an unexpected wet weather event. In addition, following this initial report, the permittee would be required to submit a written report regarding the incident to the DEP within five calendar days. If a permittee does not provide the required notice to the DEP within 12 hours after a CSO resulting from an unexpected wet weather event, the permittee would be in violation of their permit. The bill would require the DEP, as soon as may be practicable and no later than 12 hours after receipt of a report from a permittee, to notify the public of the event by posting a notice on its website, and providing notice to the Commissioner of Health, local governing bodies and parks departments that may be affected by the event, and interested parties, including businesses, nonprofit organizations, and individuals, who requested such notification. The DEP, in consultation with the Department of Health, would develop procedures for requiring a permittee to provide public notification of a CSO. The Department of Health, in consultation with the applicable local board of health and the DEP, would make all decisions and determinations as to public health issues resulting from a CSO; the permittee would not be responsible for making such decisions and determinations. Within 180 days after the date of enactment of this bill into law, every permittee would be required to post a sign at each CSO point. A CSO point is defined in the bill as a discrete point in a combined sewer system which provides for the release of a combined sewer overflow. The sign would include the following: a statement that the point is designed to discharge raw sewage during and after precipitation and snow melt; the permittee's name and contact information; the name of and telephone number for the department; and a telephone number for reporting visible discharges from the CSO point. Within 180 days after the date of enactment of this bill into law, the DEP would investigate CSO points and determine the area around each that should be designated as a recurring overflow site based on water quality sampling, history of direct discharge, volume and composition of overflow, and likelihood of repetitive discharge. The DEP would then notify each permittee with a recurring overflow site, who would then be required to install a clear and conspicuous sign or signs every 100 yards at each recurring overflow site. In addition, each permittee with a recurring overflow site would be required to conduct monitoring within the recurring overflow site and report the results of the monitoring at a frequency and in a format specified by the DEP. Lastly, the DEP would be required to annually compile data concerning the number of CSOs at each CSO point and the weather conditions that produced each CSO. By January 31 of each year, the DEP would post on its Internet website a report for the preceding calendar year containing this information and any other information the DEP deems useful in explaining the data and the condition of the combined sewer systems and CSO points in the State.
Environment and Solid Waste
Introduced, Referred to Assembly Environment and Solid Waste Committee  (on 2/4/2016)
Date Chamber Action Description
2/4/2016 A Introduced, Referred to Assembly Environment and Solid Waste Committee
Date Motion Yea Nay Other
None specified