Bill Text: NJ A2606 | 2010-2011 | Regular Session | Amended
Bill Title: Authorizes Ocean County Planning Board and municipal planning boards in Ocean County to take certain measures to control stormwater runoff and nonpoint source pollution in Barnegat Bay watershed. *
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2011-03-14 - Substituted by S1856 (2R) [A2606 Detail]
Download: New_Jersey-2010-A2606-Amended.html
Sponsored by:
Assemblyman JOHN F. MCKEON
District 27 (Essex)
Assemblyman PETER J. BARNES, III
District 18 (Middlesex)
Co-Sponsored by:
Assemblyman Diegnan
SYNOPSIS
Authorizes measures by Ocean County Planning Board for control of stormwater runoff and nonpoint source pollution.
CURRENT VERSION OF TEXT
As reported by the Assembly Environment and Solid Waste Committee on September 13, 2010, with amendments.
An Act concerning stormwater management and nonpoint source pollution in the Barnegat Bay watershed, and supplementing Title 58 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that the Barnegat Bay estuary covers over 42 miles of shoreline from the Point Pleasant Canal to Little Egg Harbor Inlet; that the flow of fresh water from rivers, creeks and groundwater into the bay produces the special conditions that are important for the survival of crabs, fish, birds, and other wildlife; that the average depth of the bay is six feet; and that the flow of water from inland areas affects the quality of the bay waters.
The Legislature also finds and declares that the Barnegat Bay watershed drains from an area of approximately 550 square miles; that most of that area is within Ocean County, and is home to over 500,000 people; and that the population doubles in the summer months.
The Legislature further finds and declares that the economic and environmental vitality of the watershed is intertwined; that the estuary supports a vital component of the State's tourism industry; and that the estuary is also home to populations of commercially and recreationally important fish and rare and endangered species.
The Legislature further finds and declares that scientific studies of the estuary have determined that the water quality is impaired for the support of aquatic life and for human use; and that the cause of the impairment is due in large part to excess nitrogen and siltation caused by non-point source pollution and surface run-off.
The Legislature therefore determines that there is an immediate need to provide additional tools to local government entities within the Barnegat Bay watershed to prevent non-point pollution, to repair existing stormwater control facilities, and to provide for the costs of those efforts.
2. a. The Ocean County
Planning Board may, in conjunction with each municipality within the Barnegat Bay
watershed, develop a stormwater and nonpoint source pollution management plan
for the Barnegat Bay watershed. The stormwater management and nonpoint source
pollution plan shall be designed to reduce siltation and prevent pollution
caused by stormwater runoff or nonpoint sources that could degrade the water
quality of the Barnegat Bay and its tributaries, interfere with water-based
recreation, or
adversely affect aquatic, estuarine and marine life. The goals and purposes of
the plan shall be to improve the quality of stormwater runoff entering the Barnegat
Bay, identify cost effective measures to control stormwater runoff and
nonpoint source pollution, and identify funding mechanisms for implementation
of such measures.
b. The plan shall:
(1) identify existing stormwater control facilities and any other drainage structure, pipe, culvert or other facility used to control or carry stormwater runoff or nonpoint source pollution;
(2) assess the efficacy of existing such facilities;
(3) identify the need for additional such facilities; and
(4) estimate the costs for any improvements, repairs or new facilities required to improve the water quality of the Barnegat Bay.
c. The plan shall include a formula for the assessment of a fee for any new development within the Barnegat Bay watershed to be paid to the Ocean County Planning Board for the improvement, maintenance, repair, or construction of stormwater control facilities and any other drainage structure, pipe, culvert or other facility used to control or carry stormwater runoff or nonpoint source pollution to assure that new development results in a net positive impact on the water quality of the bay 1and to create a program to provide incentives to property owners with existing development within the watershed to reduce stormwater runoff from their property1 . The formula shall be based upon the size of the development and the extent to which the development increases the impervious cover on the site.
3. No later than 90 days after the date of enactment of this act, the Department of Environmental Protection shall provide to the Ocean County Planning Board a detailed map of the Barnegat Bay watershed area.
4. The Ocean County Planning Board may assess a fee in an amount based upon the formula developed pursuant to subsection c. of section 1 of this act, upon any developer who receives an approval of an application for development pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.) in the Barnegat Bay watershed after the formula is adopted by the board.
5. This act shall take effect immediately.
