N.J. Admin. Code § 7:9A-3.9 - Treatment works approval

(a) A treatment works approval issued by the Department pursuant to this chapter is required for:
1. Any project which is required to obtain a sewerage facilities certification from the Department pursuant to 58:11-25.1;
2. Any design of a new or expanded individual subsurface sewage disposal system which will not conform with one or more requirements of this chapter;
3. Any design that incorporates an experimental system or component pursuant to 7:9A-3.11;
4. Any design that incorporates wastewater treatment in order to meet effluent discharge limitations or ground and/or surface water quality standards as prescribed by applicable State or Federal regulations or statutes; or
5. Any design in which sanitary sewage will not flow by gravity from the realty improvement to the septic tank.
(b) A treatment works approval required for the certification of sewerage facilities pursuant to (a)1 above shall follow the requirements in 7:9A-3.18.
(c) Upon determining that a proposed design requires a treatment works approval for a deviation from this chapter, the administrative authority shall direct the applicant to apply to the Department for a treatment works approval.
(d) The administrative authority shall endorse by signing treatment works approval applications to certify that the proposed design otherwise meets the standards of this chapter and local requirements, except for the aspect(s) for which the treatment works approval is being sought.
(e) Applications for treatment works approvals shall be made on forms available from the Department and shall be accompanied by the required application fee, as set forth in 7:14A-22.25. Application forms and instructions regarding administrative and technical submission requirements, which may be established by the Department in a technical manual prepared in accordance with 13:1D-111, may be obtained from the Department's website at www.state.nj.us/dep/ or by contacting the Department at the following address:

Department of Environmental Protection


Division of Water Quality

Bureau of Nonpoint Pollution Control

Post Office Box 420

Trenton, N.J. 08625-0420

(f) Each application for a treatment works approval shall include:
1. Proposed system designs;
2. Endorsement by the administrative authority specified at (d) above; and
3. Supporting documentation that proves that the proposed design will protect surface and ground water quality to at least the same degree as the system requirements in this chapter.
(g) In reviewing a treatment works approval application, the Department will determine whether to grant an approval based upon the following criteria:
1. Protection of public health and safety, and the environment;
2. Protection of water quality;
3. Appropriate assurance of adequate operation, maintenance and management of the system;
4. System design and expected performance;
5. Structural stability of the system and any adjacent improvements; and
6. Impacts to adjacent properties.
(h) The Department shall not issue a treatment works approval for the construction of any system that would create a waiver from an administrative authority ordinance or a Federal, State, county or local law, rule or regulation other than this chapter.
(i) Upon the issuance of a treatment works approval by the Department pursuant to this chapter, the administrative authority may issue final design approvals. Final design approvals issued by the administrative authority must reflect all deviations from this chapter as specified in the treatment works approval and must be conditioned upon compliance with any requirements contained in the treatment works approval.


N.J. Admin. Code § 7:9A-3.9
Amended by R.1993 d.294, effective 6/21/1993.
See: 24 N.J.R. 1987(a), 25 N.J.R. 2704(b).
Amended by R.1994 d.469, effective 9/19/1994.
See: 26 N.J.R. 2715(a), 26 N.J.R. 3829(a).
Amended by R.1999 d.314, effective 9/20/1999.
See: 31 N.J.R. 1416(a), 31 N.J.R. 2741(a).
In (a), made references to various units plural, and inserted "or equal to" following "less than"; in (b), deleted former 6; and in (c), substituted a reference to the Bureau of Nonpoint Pollution Control for a reference to the Bureau of Operational Groundwater Permits.
Repeal and New Rule, R.2012 d.066, effective 4/2/2012.
See: 43 N.J.R. 478(a), 44 N.J.R. 1047(a).
Section was "Treatment works approval".

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