N.J. Admin. Code § 7:9A-4.6 - Surface flooding

Current through Register Vol. 54, No. 7, April 4, 2022

(a) No part of a subsurface sewage disposal system shall be constructed in ground subject to surface flooding. For the purposes of this chapter, a site shall be considered to be subject to surface flooding when any of the criteria given in (b) below are satisfied. This determination shall be made whenever the proposed site is located adjacent to a stream or coastline, and the distance and relative elevation of the site with respect to the stream or sea level are such that it is reasonable to expect that the site may be subject to flooding as a result of stream overflow, tides or ocean waves.
(b) For the purpose of compliance with (a) above, a site shall be considered subject to flooding whenever any of the following criteria are met:
1. Flooding is observed during a site inspection made by the administrative authority or its agent or the administrative authority has records or knowledge of past flooding at the site or in adjacent contiguous areas; or
2. Maps contained in a Soil Conservation Service County Soil Survey Report indicate the presence of one or more of the following soil types:

Alluvial Land
Atsion Tide Flooded
Berryland-Othello Complex
Carlisle Muck
Humaquepts Flooded
Muck Shallow Over Clay
Muck Shallow Over Loam
Mullica Loamy Substratum
Pompton Fine Sandy Loam
Pope High Bottom
Portsmouth Thin Surface Varient
Sloan and Wayland
i. Where the accuracy of the Soil Survey Report mapping is questioned, the soil series actually present at the site shall be identified by comparing the soil profile characteristics observed in a soil profile pit with the range of soil profile characteristics given in the County Soil Survey Report for a particular soil series.
(c) Development within a flood hazard area is subject to the restrictions and requirements of the Flood Hazard Area Control Act Rules N.J.A.C. 7:13. N.J.A.C. 7:13 prohibits the construction of an individual subsurface disposal system within the floodway of a regulated water, as defined at 7:13-2.2, and may require a flood hazard area permit for the construction of a system within a regulated area, as defined at 7:13-2.3.
(d) The criteria for delineation of flood hazard areas used in the Flood Hazard Area Rules, N.J.A.C. 7:13, are different from the criteria used in this chapter for identification of areas subject to flooding. Consequently, a site which does not meet the criteria given in (b) above may still be subject to N.J.A.C. 7:13. It is the responsibility of the applicant to comply with all applicable requirements of N.J.A.C. 7:13 regardless of whether the site of the proposed individual subsurface sewage disposal system meets the criteria given in (b) above. Compliance with this or any other provision of this chapter does not exempt the applicant from compliance with the requirements of N.J.A.C. 7:13.


N.J. Admin. Code § 7:9A-4.6
Amended by R.2012 d.066, effective 4/2/2012.
See: 43 N.J.R. 478(a), 44 N.J.R. 1047(a).
Deleted (c); recodified (d) and (e) as (c) and (d); and rewrote (c).

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