The Impact of the Municipal Stormwater Regulations on the Quality of the Passaic River
Barely two (2) years into its adoption and implementation, the New Jersey Pollutant Discharge Elimination System (NJPDES), Municipal Stormwater Regulation Program (MSRP) is the most recent regulatory tool that will have a significant impact on minimizing the amount of pollutants from nonpoint sources entering the Passaic River. This regulatory program emerged as a result of the United States Environmental Protection Agency's Phase II stormwater rules published in 1999. The New Jersey Department of Environmental Protection (Department) developed this program and new rules to facilitate the implementation of the same. The program addresses pollutants flowing into the waters of the state from "municipal separate storm sewer systems" (MS4s) owned or operated by local, State, interstate or Federal government agencies. The Department's NJPDES stormwater rules were signed on January 5, 2004.
The MSRP regulates five hundred and sixty (560) municipalities who are assigned into Tier A or Tier B categories, seventy-seven (77) public complexes and thirty-three (33) highway agencies. NJPDES general permits were issued to each regulated entity. The permits established Statewide Basic Requirements (SBRs) designed to regulate the actions, practices and operations of the regulated municipalities as well as the residents, businesses, students, users and employees of the regulated entity. The SBRs address stormwater quality issues related to new development and redevelopment, and existing development through the implementation of Best Management Practices.
Permitees are required to develop a stormwater program, which includes the preparation of a written Stormwater Pollution Prevention Plan that describes the implementation of the mandated SBRs: Public Notice, Post-Construction Stormwater Management in New Development and Redevelopment, Local Public Education, Improper Disposal of Waste, Illicit Connection Elimination and MS4 Outfall Pipe Mapping, Solids and Floatable Controls, Maintenance Yard Operations and Employee Training.
Given the ecological structure, history and vulnerability of the Passaic River, current trends show a level of impairment of the river by nutrients among other pollutants. Many of the SBRs to be implemented by municipalities directly address these impairments. In addition the municipal permits contain a mechanism to require municipalities to implement Total Maximum Daily Loads (TMDLs) as they are developed to address specific impairments identified in the Passaic River.
Based on its geography, the Passaic River meanders through three (3) watershed management areas, five (5) counties and one hundred and eighteen (118) regulated municipalities. The increasing trends in the enforcement of this program indicate the need for compliance by regulated entities. While it may be challenging to determine how much impact the program has made since its inception, the effectiveness of this program will be better determined as the program becomes fully implemented over the next couple of years. The program, if properly implemented by the regulated communities adjacent to the Passaic River, will greatly alleviate the nonpoint source pollutant loading overwhelming the Passaic River, thereby improving the quality of the same.