DRBC Proposes to Designate the Lower Delaware River as Significant Resource Waters

The Delaware River Basin Commission (DRBC) has announced proposed regulatory changes to permanently designate the Lower Delaware and its drainage area as Significant Resource Waters under the commission's Special Protection Waters (SPW) program.

This would include establishing numeric values for existing water quality in the 76-mile-long stretch of river extending from the Delaware Water Gap National Recreation Area downstream to the head of tide at Trenton, N.J. The amendments that currently are proposed would make projects within the Lower Delaware drainage subject to all applicable SPW requirements, including those for "no measurable change" to existing water quality as defined by the rule. The amendments also would incorporate language intended to clarify aspects of the SPW regulations. Notably, a new term – "substantial alterations or additions" – is proposed to be added to the Definitions section of the regulations and to be inserted in other sections of the rule to clarify which types of additions or alterations to existing wastewater treatment facilities will trigger certain SPW requirements that are deemed appropriate in connection with capital investment projects. A new paragraph also is proposed to expressly authorize effluent trading between point sources to satisfy the requirement for no measurable change to existing water quality under certain circumstances.

A public hearing will be held on December 4 at the DRBC's office building in West Trenton, N.J. Those who wish to testify are encouraged to register in advance. Written public comments will be accepted through the close of business on December 6. http://www.state.nj.us/drbc/notice_LDelSPW_092807.htm