Brought to you by Rutgers, the State University of New Jersey, NJAES, Office of Continuing Professional Education (www.cpe.rutgers.edu) SURFACE WATER QUALITY STANDARDS 7:98-1.1 CHAPTER 98 SURFACE WATER QUALITY STANDARDS Authority N.J.S.A. 13: I 0-1 et seq., 58:IOA-1 el seq. and 58:1 lA-I et SC1j . Source and Effective Date R.2009 d.372, dTeetive November 16, 2009. See: 41 N.J.R.1565(a).41 NJ.R. 4735(a). CHAPTER TABLE OF CONTENTS SUBCHAPTER l. SURFACE WATER QUALITY Chapter .:xpiration Date STANDARDS Chapter 98, Su rface Water QU31ity Standards, expi res on November 7:9B-1.1 Scope of subchapter 16, 2014. 7:98-1 .2 Construction 7:98-1.3 Scverabilify 7:98-1.4 Definitions 7:9B-I .5 Statements of policy 7:98-1.6 Establi shment of water quality-based emuent limitations 7:98-1 .7 Waterway loadings in areawide water quality manage- ment plans 7:98-1 .8 Procedures for modifying water qualify-based emuent limitations for individual dischargers to Category One walen; 7:98-1.9 Procedures for modifying water quality-based e muent li mi tations for individual dischargers to Category Two waters 7:98-1.10 Procedures for reclassifying specific segments for less restrictive uses 7:98-1.1 1 Procedures for reclassifying specific segments for more restrictive uses 7:98-1.12 Designated uses of FW I, PL, FW2, SE I, SE2, SEJ and SC waters 7:98-1.13 Designated uses of mainstem Delaware River and Dela­ ware Bay 7:98-1.14 Surface water quality criteria 7:98-1.15 Surface water classifications for the waters of the State of New Jersey SUBCHAPTER I. SURFACE WATER QUALITY STANDARDS 7:98-1.1 Scope of subchapter Unless otherwise provided by rule or statute, this subchap­ ter shall constitute the rules of the Department of Environ­ mental Protection governing matters of policy with respect to the protection and enhancement of surface water resources, class definitions and quality criteria, use designation and quality criteria for the mainste m of the Delaware River in­ cluding the Delaware Bay, the classification of surface waters of the State, procedures for establishing water quality-based effluent limitations, modification of water quality-based ef­ flueOi limitations, procedures for reclassifying specific seg­ ments for less restrictive uses and procedures for reclassifying specific segments for more restrictive uses pursuant to NJ.S.A. 13 :10-1 et seq., the New Jersey Water Pollution Control Act, NJ.S.A. 58: lOA-I et seq., and the Water Quality Planning Act, NJ.S.A . 58:1 lA- I et seq. 9B-1 Supp. 9·20·10 Copyrighted materials (annotations) have been removed (blacked out) so that you can share this document freely. Brought to you by Rutgers, the State University of New Jersey, NJAES, Office of Continuing Professional Education (www.cpe.rutgers.edu) 7:98-1.1 ENVIRONMENTAL PROTECTION "Biota" means the animal and plant life of an ecosystem; flora and fauna collectively. 7:9B~ I .2 Construc tion "C I" means Category One waters. This subchapter shall be liberally construed to pennit the "C2" means Category Two waters. Department and ils various divisions to discharge their stat~ utory functions. "Calculable changes" means changes to water qua lity char­ acteristics as demonstrated by any acceptable mathematical, predictive method. "Carcinogen" means a toxic substance capable of inducing 7:90.. 1.3 Severability a cancer response, induding Group A (human carcinogen), Ifany subchapter, section, subsection. provision, clause, or Group B (probable human carcinogen) or Group C (possible portion of this chapter, or the application thereof to any per­ human carcinogen) categorized in accordance with the son, is adjudged unconstitutional or invalid by a court of USEPA Guidelines for Carcinogen Risk Assessment. 51 Fed. competent jurisdiction, such judgment shall be confined in ils Reg. 33992, 1986 incorporated herein by reference, as operation to the subchapter, section, subsection, clause, por~ amended or supplemented. lion, or application directly involved in the controversy in "Category One waters" means those waters designated in which such judgment shall have been rendered and it shall not the tables in NJ.A.C. 7:98~1.15(c) through (i), for purposes atTect or impair the remainder of this chapter or the applica­ tion thereofto other persons. of implementing the antidegradation policies set fonh at NJ.A.C. 7:9B-I .5(d), for protection from measurable changes in water quality based on exceptional ecological significance, exceptional recreational significance, exceptional water sup­ ply significance or exceptional fisheries resource(s) to protect 7:90..1.4 Definitions their aesthetic value (COlor, clarity, scenic setting) and eco­ The following words and tenns, when used in this sub­ logical integrity (habitat, water quality and biological func­ chapter, shall have the fo llowing meanings, unless the context tions). dearly indicates otherwise. "Category two waters" means those waters not designated "Acute toxicity" means a lethal or severe adverse sublethal as Outstanding National Resource Waters or Category One at effect (for example, immobil ization of daphnids) to an organ­ NJ.A.C. 7:98-1.15 for purposes of implementing the anti­ ism exposed to a toxic substance for a relatively short period degradation policies set fonh at NJ.A.C. 7:9B~ I .5(d). of time. Acute toxicity is measured by short-tenn bioassays, "Chlorine produced oxidanls" means the sum of free and generally of 48 or 96 hour duration. combined chlorine and bromine as measured by the methods "Agricultural water supply" means water used for field approved under NJ .A.C. 7: 18. In fresh waters the oxidants crops, livestock, horticulture, and silviculture. measured are comprised predominantly of hypochlorous acid (HOCI), hypochlorite ion (OCl ~), monochloramine and di­ "Aquatic substrata" means soil material and associated bi­ ch loramine. In saline waters the oxidants measured are com­ ota underlying the water. prised predominantly of the oxidanls listed for fresh waters plus hypobromous acid (HOBr), hypobromite ion (OBr) and "Best management practices" or "BMPs" means the meth­ bromamines. ods, measures or practices to prevent or reduce the amount of pollution from point or nonpoint sources, including structural "Chronic toxicity" means death or other adverse impacts and non structural controls and operation and maintenance [hat affect the growth, survival, or reproductive success of an procedures. organ ism or its progeny after a relatively long exposure period to toxic substances. Chronic toxicity is measured using "Bioaccumulation" means the increase of the concentration intermediate-tenn or long-term bioassays. of a substance within the tissues of an organism, to levels in excess of that substance's ambient environmental concentra­ "Complete mix" means a 25 percent or less variation in tion, directly from the water or through the ingestion of food concentration across the transect of the water body. (usually other organisms). "Criteria" means those elements of the Surface Water "Bioassay" means a toxicity test using aquatic organisms to Quality Standards, expressed as constituent concentrations, determine the concentration or amount of a toxic substance levels, or narrative statements, representing a quality of water causing a specified response in the test organisms under that supports a par1icular use. When the criteria are met, water stated test conditions. quality wi ll generally protect the designated use . Supp. 9-20~ I 0 98·2 Copyrighted materials (annotations) have been removed (blacked out) so that you can share this document freely. Brought to you by Rutgers, the State University of New Jersey, NJAES, Office of Continuing Professional Education (www.cpe.rutgers.edu) SURFACE WATER QUALITY STANDARDS 7:98·1.4 "Department" means the New Jersey Department of Envi­ iv. Impervious surface that is: ronmental Protection. (I) Less than two percent for a HUC 14 of five " Designated use" means those surface water or ground square miles; or water uses, both existing and potential, that have been estab­ (2) Less than or equal to 10 percent for a HUC 14 lished by the Department for waters of the State. of greater than or equal to five square miles. "Diadromous fish" means fish that spend most of their life " Exceptional fi sheries resource(s)" means waterbodies in one type of water, either fresh or saline, and migrate to the confinned by the Department as supporting trout production other type to spawn. and classified as FW2-TP or waterbodies approved by the Department for unrestricted shellfish harvest pursuant to "Disinfection" means the removal, destruction, or inac­ Shellfish Growing Water Classification rules at N.J .A.C. tivation of pathogenic and indicator organisms. 7: 12. "Dissolved metal" means the concentration of metal that " Exceptional water supply significance" means a water passes through a 0.45 ~m membrane filter (as defined in supply system that serves a population greater than 100,000, " Methods for Chemical Analysis of Water and Wastes," including any reservoirs and their natural tributaries from EPA-600/4-79-020, March 1979). source to the reservoir. " DRBC" means Delaware River Basin Commission. "Existing uses" means those uses actually attained in the "DRBC Water Quality Regulations" means the DRBC walerbody on or after November 28, 1975, whether or not Administrative Manual- Part III Water Quality Regulations they are included in the Surface Water Quality Standards. dated September 27, 2006, including all amendments and "Federal Ac t" means the "Federal Water Pollution Control supplements thereto. Act" (33 U.S.C. § 1251 et seq.), commonly referred to as the "EC50" means the median effective concentration of a Clean Water Act, including all subsequent supplements and toxic substance expressed as a statistical estimate of the con­ amendments. centration that has a specified adverse effect on 50 percent of "Fresh water(s)" means all nontidal and tidal waters gen­ the test organisms under specified test conditions, based on erally having a salinity, due to natural sources, of less than or the results of an acute bioassay.