Skip to content

Page 1

N. J. A. C. 7:9B

Surface Water Quality Standards

Statutory Authority: N.J.S.A. 58:10A-1 et seq., 58:11A-1 et seq., and 13:1D-1 et seq.

Re-adopted: July 17, 2023

Last Amended – December 18, 2023

For regulatory history and effective dates, see the New Jersey Administrative Code

Table of Contents

7:9B-1.1 Scope of subchapter 7:9B-1.2 Construction 7:9B-1.3 Severability 7:9B-1.4 Definitions 7:9B-1.5 Statements of policy 7:9B-1.6 Establishment of water quality-based effluent limitations 7:9B-1.7 Waterway loadings in areawide water quality management plans 7:9B-1.8 Procedures for modifying water quality-based effluent limitations for individual dischargers to Category One waters 7:9B-1.9 Procedures for modifying water quality-based effluent limitations for individual dischargers to Category Two waters 7:9B-1.10 Procedures for reclassifying specific segments for less restrictive uses 7:9B-1.11 Procedures for reclassifying specific segments for more restrictive uses 7:9B-1.12 Designated uses of FW1, PL, FW2, SE1, SE2, SE3, and SC waters 7:9B-1.13 Designated uses of mainstem Delaware River and Delaware Bay 7:9B-1.14 Surface water quality criteria 7:9B-1.15 Surface water classifications for the waters of the State of New Jersey 7:9B-1.16 Water quality standards variances

Page 2

CHAPTER 9B SURFACE WATER QUALITY STANDARDS

SUBCHAPTER 1. SURFACE WATER QUALITY STANDARDS

7:9B-1.1 Scope of subchapter

Unless otherwise provided by rule or statute, this subchapter shall constitute the rules of the Department of Environmental Protection governing matters of policy with respect to the protection and enhancement of surface water resources, class definitions, quality criteria, use designation and quality criteria for the mainstem of the Delaware River including the Delaware Bay, the classification of surface waters of the State, procedures for establishing water quality-based effluent limitations, modification of water quality-based effluent limitations, procedures for reclassifying specific segments for less restrictive uses, procedures for reclassifying specific segments for more restrictive uses, and procedures for establishing water quality standards variances, pursuant to N.J.S.A. 13:1D-1 et seq., the New Jersey Water Pollution Control Act, 58:10A-1 et seq., and the Water Quality Planning Act, 58:11A-1 et seq.

7:9B-1.2 Construction

This subchapter shall be liberally construed to permit the Department and its various divisions to discharge their statutory functions.

7:9B-1.3 Severability

If any subchapter, section, subsection, provision, clause, or portion of this chapter, or the application thereof to any person, is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the subchapter, section, subsection, clause, portion, or application directly involved in the controversy in which such judgment shall have been rendered and it shall not affect or impair the remainder of this chapter or the application thereof to other persons.

7:9B-1.4 Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Acute toxicity" means a lethal or severe adverse sublethal effect (for example, immobilization of daphnids) to an organism exposed to a toxic substance for a relatively short period of time. Acute toxicity is measured by short-term bioassays, generally of 48 or 96 hour duration.

"Agricultural water supply" means water used for field crops, livestock, horticulture, and silviculture.

"Best management practices" or "BMPs" means the methods, measures or practices to prevent or reduce the amount of pollution from point or nonpoint sources including structural and nonstructural controls and operation and maintenance procedures.

1

Page 3

"Bioaccumulation" means the increase of the concentration of a substance within the tissues of an organism, to levels in excess of that substance's ambient environmental concentration, directly from the water or through the ingestion of food (usually other organisms).

"Bioassay" means a toxicity test using aquatic organisms to determine the concentration or amount of a toxic substance causing a specified response in the test organisms under stated test conditions.

"Biota" means the animal and plant life of an ecosystem; flora and fauna collectively.

"Calculable changes" means changes to water quality characteristics as demonstrated by any acceptable mathematical, predictive method.

"Carcinogen" means a toxic substance capable of inducing a cancer response, including Group A (human carcinogen), Group B (probable human carcinogen) or Group C (possible human carcinogen) categorized in accordance with the USEPA Guidelines for Carcinogen Risk Assessment, 51 Fed. Reg. 33992, 1986 incorporated herein by reference, as amended or supplemented.

"C1" means Category One waters.

"C2" means Category Two waters.

"Category one waters" means those waters designated in the tables in N.J.A.C. 7:9B-1.15(c) through (i), for purposes of implementing the antidegradation policies set forth at N.J.A.C. 7:9B-1.5(d), for protection from measurable changes in water quality based on exceptional ecological significance, exceptional recreational significance, exceptional water supply significance or exceptional fisheries resource(s) to protect their aesthetic value (color, clarity, scenic setting) and ecological integrity (habitat, water quality and biological functions).

"Category two waters" means those waters not designated as Outstanding National Resource Waters or Category One at N.J.A.C. 7:9B-1.15 for purposes of implementing the antidegradation policies set forth at N.J.A.C. 7:9B-1.5(d).

"Chlorine produced oxidants" means the sum of free and combined chlorine and bromine as measured by the methods approved under N.J.A.C. 7:18. In fresh waters the oxidants measured are comprised predominantly of hypochlorous acid (HOCl), hypochlorite ion (OCl⁻), monochloramine and dichloramine. In saline waters the oxidants measured are comprised predominantly of the oxidants listed for fresh waters plus hypobromous acid (HOBr), hypobromite ion (OBr⁻) and bromamines.

"Chronic toxicity" means death or other adverse impacts that affect the growth, survival, or reproductive success of an organism or its progeny after a relatively long exposure period to toxic substances. Chronic toxicity is measured using intermediate-term or long-term bioassays.

2

Page 4

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

"Complete mix" means a twenty five percent (25%) or less variation in concentration across the transect of the water body.

"Criteria" means those elements of the Surface Water Quality Standards, expressed as constituent concentrations, levels, or narrative statements, representing a quality of water that supports a particular use. When the criteria are met, water quality will generally protect the designated use.

"Department" means the New Jersey Department of Environmental Protection.

"Designated use" means those surface water or ground water uses, both existing and potential, that have been established by the Department for waters of the State.

"Diadromous fish" means fish that spend most of their life in one type of water, either fresh or saline, and migrate to the other type to spawn.

"Discharge" has the same meaning as the term defined in the New Jersey Pollutant Discharge Elimination System rules at N.J.A.C. 7:14A-1.2.

"Discharger" has the same meaning as the term defined in the New Jersey Pollutant Discharge Elimination System rules at N.J.A.C. 7:14A-1.2.

"Disinfection" means the removal, destruction, or inactivation of pathogenic and indicator organisms.

"Dissolved metal" means the concentration of metal that passes through a 0.45 µm membrane filter (as defined in "Methods for Chemical Analysis of Water and Wastes," EPA-600/4-79-020, March 1979).

"DRBC" means Delaware River Basin Commission.

"DRBC Water Quality Regulations" means the DRBC Administrative Manual – Part III Water Quality Regulations including all amendments and supplements thereto.

"EC50" means the median effective concentration of a toxic substance expressed as a statistical estimate of the concentration that has a specified adverse effect on 50 percent of the test organisms under specified test conditions, based on the results of an acute bioassay.

"Exceptional ecological significance" means:

  1. Waterbodies with suitable habitat verified by the Department to support Bog Turtle, Brook Floater, Dwarf Wedgemussel, Eastern Pondmussel, Eastern Lampmussel, Green Floater, and/or Triangle Floater and documented occurrence(s) of at least one of these species verified by the Department for inclusion in the Biotic database; or
  2. A waterbody supporting an exceptional aquatic community as demonstrated by a nonimpaired benthic macroinvertebrate community as measured by the Department's Rapid Bioassessment Protocol (see http://www.state.nj.us/dep/wms/bfbm/rbpinfo.html) and at least two of the following factors:

Page 5

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

i. Optimal habitat as measured by the Department’s Stream Habitat Assessment (see http://www.state.nj.us/dep/wms/bfbm/rbpinfo.html); ii. Excellent fish community as measured by the Fish Index of Biotic Integrity (see http://www.state.nj.us/dep/wms/bfbm/fishibi.html); iii. Water quality data that demonstrates compliance with aquatic life criteria pursuant to N.J.A.C. 7:9B-1.14(d) for dissolved oxygen, temperature, total phosphorus, and total suspended solids; or iv. Impervious surface that is: (1) less than two percent for a HUC 14 of less than five square miles; or (2) less than or equal to 10 percent for a HUC 14 of greater than or equal to five square miles.

“Exceptional fisheries resource(s)” means waterbodies confirmed by the Department as supporting trout production and classified as FW2-TP or waterbodies approved by the Department for unrestricted shellfish harvest pursuant to Shellfish Growing Water Classification rules at N.J.A.C 7:12.

“Exceptional water supply significance” means a water supply system that serves a population greater than 100,000, including any reservoirs and their natural tributaries from source to the reservoir.

“Existing uses” means those uses actually attained in the waterbody on or after November 28, 1975, whether or not they are included in the Surface Water Quality Standards.

“Federal Act” means the “Federal Water Pollution Control Act” (33 U.S.C. § 1251 et seq.), commonly referred to as the Clean Water Act, including all subsequent supplements and amendments.

“Fresh water(s)” means all nontidal and tidal waters generally having a salinity, due to natural sources, of less than or equal to 3.5 parts per thousand at mean high tide.

“FW” means the general surface water classification applied to fresh waters.

“FW1” means those fresh waters, as designated in N.J.A.C. 7:9B-1.15(j), that are to be maintained in their natural state of quality (set aside for posterity) and not subjected to any man-made wastewater discharges or increases in runoff from anthropogenic activities. These waters are set aside for posterity because of their clarity, color, scenic setting, other characteristic of aesthetic value, unique ecological significance, exceptional recreational significance, exceptional water supply significance or exceptional fisheries resource(s).

“FW2” means the general surface water classification applied to those fresh waters that are not designated as FW1 or Pinelands Waters.

“Groundwater” means that portion of water beneath the land surface that is within the zone of saturation (below the water table) where pore spaces are filled with water.

Page 6

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

“Heat dissipation area” means a mixing zone, as may be designated by the Department, into which thermal effluents may be discharged for the purpose of mixing, dispersing, or dissipating such effluents without creating nuisances, hazardous conditions, or violating the provisions of this chapter, the Surface Water Quality Standards.

“HUC 14” or “hydrologic unit code 14” means an area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by a 14 digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

“Important species” means species that are commercially valuable (for example, within the top 10 species landed, by dollar value); recreationally valuable; threatened or endangered; critical to the organization and/or maintenance of the ecosystem; or other species necessary in the food web for the well-being of the species identified in this definition.

“Industrial water supply” means water used for processing or cooling.

“Intermittent stream” means a stream with a MA7CD10 flow of less than one-tenth (0.1) cubic foot per second.

“Lake, pond, or reservoir” means any impoundment, whether naturally occurring or created in whole or in part by the building of structures for the retention of surface water, excluding sedimentation control and stormwater retention/detention basins and ponds designed for treatment of wastewater. Lakes, ponds, and reservoirs are characterized by a long term or permanent downgradient restriction of surface water flow from the impoundment and areas of quiescent water within the body of the impoundment. Lakes, ponds, and reservoirs are frequently characterized by greater water depths within the impoundment than either the upgradient or downgradient surface water flow and by shallow water lateral edges containing emergent or submerged plant species. For regulatory purposes, the upgradient boundary of a lake, pond, impoundment, or reservoir shall be considered to be the point at which areas of greater depth and relatively quiescent water can be differentiated from the upgradient surface water input into the impoundment under average flow conditions.

“LC50” means the median lethal concentration of a toxic substance, expressed as a statistical estimate of the concentration that kills 50 percent of the test organisms under specified test conditions, based on the results of an acute bioassay.

“Load allocation” means the portion of a receiving water’s total maximum daily load (TMDL) for a specific pollutant that is allocated to existing or future nonpoint sources of pollution.

“MA1CD10” means the minimum average one day flow with a statistical recurrence interval of 10 years.

“MA7CD10” means the minimum average seven consecutive day flow with a statistical recurrence interval of 10 years.

Page 7

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

"MA30CD10" means the minimum average 30 consecutive day flow with a statistical recurrence interval of ten years.

"Measurable changes" means changes measured or determined by a biological, chemical, physical, or analytical method, conducted in accordance with USEPA approved methods as identified in 40 C.F.R. 136 or other analytical methods (for example, mathematical models, ecological indices) approved by the Department, that might adversely impact a water use (including, but not limited to, aesthetics).

"Natural flow" means the water flow that would exist in a waterway without the addition of flow of artificial origin.

"Natural water quality" means the water quality that would exist in a waterway or a waterbody without the addition of water or waterborne substances from artificial origin.

"New discharger" has the same meaning as the term defined in the New Jersey Pollutant Discharge Elimination System rules at N.J.A.C. 7:14A-1.2.

"NJPDES" means New Jersey Pollutant Discharge Elimination System.

"Non-carcinogen" means a toxic substance not categorized as a carcinogen, including Group D (not classifiable as to human carcinogenicity) or Group E (evidence of non-carcinogenicity for humans) categorized in accordance with the USEPA Guidelines for Carcinogen Risk Assessment, 51 Fed. Reg. 33992, 1986 incorporated herein by reference, as amended or supplemented.

"Nondegradation waters" means those waters set aside for posterity because of their clarity, color, scenic setting, other characteristic of aesthetic value, unique ecological significance, exceptional recreational significance, or exceptional water supply significance. These waters include all waters designated as FW1 in this subchapter.

"Nonpersistent" means degrading relatively quickly, generally having a half-life of less than 96 hours.

"Nonpoint source" or "NPS" means:

  1. Any man-made or man-induced activity, factor, or condition, other than a point source, from which pollutants are or may be discharged;
  2. Any man-made or man-induced activity, factor, or condition, other than a point source, that may temporarily or permanently change any chemical, physical, biological, or radiological characteristic of waters of the State from what was or is the natural, pristine condition of such waters, or that may increase the degree of such change; or
  3. Any activity, factor, or condition, other than a point source, that contributes or may contribute to water pollution.

"Nonrotut waters" means fresh waters that have not been designated in N.J.A.C. 7:9B-1.15(c) through (i) as trout production or trout maintenance. These waters are generally not suitable for

Page 8

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

trout because of their physical, chemical or biological characteristics, but are suitable for a wide variety of other fish species.

“NT” means nontrut waters.

“Nutrient” means a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the growth and development of organisms.

“Outstanding National Resource Waters” or “ONRW” means high quality waters that constitute an outstanding national resource (for example, waters of National/State Parks and Wildlife Refuges and waters of exceptional recreational or ecological significance). Waters classified as FW1 waters and Pinelands waters are Outstanding National Resource Waters.

“Permittee” has the same meaning as the term defined in the New Jersey Pollutant Discharge Elimination System rules at N.J.A.C. 7:14A-1.2.

“Persistent” means relatively resistant to degradation, generally having a half life of over 96 hours.

“Pinelands waters” means all waters within the boundaries of the Pinelands Area, except those waters designated as FW1 in N.J.A.C. 7:9B-1.15(j), as established in the Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.) and shown on Plate 1 of the “Comprehensive Management Plan” adopted by the New Jersey Pinelands Commission in November 1980.

“PL” means the general surface water classification applied to Pinelands Waters.

“Point source” or “PS” means any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel, or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.

“Pollutant” means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011 et seq.)), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, agricultural and construction waste or runoff or other residue discharged directly or indirectly to the land, ground waters or surface waters of the State, or to a domestic treatment works as defined at N.J.A.C. 7:14A-1.2. “Pollutant” includes both hazardous and nonhazardous pollutants.

“Pollutant Minimization Program” or “PMP” means a structured set of activities including an implementation schedule to improve processes and pollutant controls that will prevent and reduce pollutant loadings. For the purposes of any such PMP, pollutant shall refer to any substance as specified at N.J.A.C. 7:9B-1.14.

Page 9

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

"Potable surface water intake" means any structure or apparatus used to withdraw surface waters directly or indirectly that is conveyed to a potable treatment plant or is used for other potable purposes.

"Primary contact recreation" means water related recreational activities that involve significant ingestion risks and includes, but is not limited to, wading, swimming, diving, surfing, and water skiing.

"Public hearing" means a legislative type hearing before a representative or representatives of the Department providing the opportunity for public comment, but does not include cross-examination.

"Regulatory mixing zones" means areas of surface waters established pursuant to this chapter for the purpose of initial mixing, dispersion, or dissipation of wastewater effluent at or near the discharge point. Regulatory mixing zones may be established for applicable criteria.

"River mile" or "R.M." means the distance, measured in statute miles, between two locations on a stream, with the first location designated as mile zero. For example, mile zero for the Delaware River is located at the intersection of the center line of the navigation channel and a line between the Cape May Light, New Jersey, and the tip of Cape Henlopen, Delaware.

"Saline waters" means waters having salinities generally greater than 3.5 parts per thousand at mean high tide.

"SC" means the general surface water classification applied to coastal saline waters.

"SE" means the general surface water classification applied to saline waters of estuaries.

"Secondary contact recreation" means recreational activities where the probability of water ingestion is minimal and includes, but is not limited to, boating and fishing.

"Shellfish" means those mollusks commonly known as clams, oysters, or mussels.

"Shellfish waters" means waters classified as Approved, Seasonally Approved, Special Restricted, Seasonally Special Restricted or Condemned in accordance with the Shellfish Growing Water Classification rules N.J.A.C. 7:12.

"Site-specific criteria" means an alternative criterion established, at N.J.A.C. 7:9B-1.14(g), in place of an existing Statewide criterion, to protect existing or designated uses for specified waterbody(ies).

"State Act" means the New Jersey "Water Pollution Control Act," N.J.S.A. 58:10A-1 et seq., as amended.

"Statistical Threshold Value" or "STV" means the value that approximates the $90^{\text{th}}$ percentile of the water quality distribution and is not exceeded by more than 10 percent of the samples used to

Page 10

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

calculate the geometric mean for the purposes of bacterial quality criteria pursuant to N.J.A.C. 7:9B-1.14(d)1ii.

"Stream temperature" means the temperature of a stream outside of a designated heat dissipation area.

"Surface water classifications" means names assigned by the Department as set forth at N.J.A.C. 7:9B-1.15(c) through (j) to waters having the same designated uses and water quality criteria (for example, FW1, PL, FW2-NT, SE1, SC).

"Surface Water Quality Standards" (SWQS) means the rules, in this chapter, N.J.A.C. 7:9B, which set forth, designated uses, use classifications, and water quality criteria for the State's waters based upon such uses, and the Department's policies concerning these uses, classifications and criteria.

"Surface waters" means water at or above the land's surface which is neither groundwater nor contained within the unsaturated zone, including, but not limited to, the ocean and its tributaries, all springs, streams, rivers, lakes, ponds, wetlands, and artificial waterbodies.

"Thermal alterations" means the increase or decrease in the temperature of surface waters, above or below the natural temperature, that may be caused by the activities of man.

"Thermal discharge" has the same meaning as the term defined in the Pollutant Discharge Elimination System rules at N.J.A.C. 7:14A-1.

"Tidal waters" means fresh or saline water under tidal influence, up to the head of tide.

"TM" means trout maintenance.

"Total maximum daily load" or "TMDL" means a total maximum daily load formally established pursuant to Section 7 of the Water Quality Planning Act (N.J.S.A. 58:11A-7) and Section 303(d) of the Clean Water Act, 33 U.S.C. §§1251 et seq. A TMDL is the sum of individual wasteload allocations for point sources, load allocations for nonpoint sources of pollution, other sources such as tributaries, or adjacent segments, and allocations to a reserve or margin of safety for an individual pollutant.

"Total recoverable metal" means the concentration of metal in an unfiltered sample following treatment with hot dilute mineral acid (as defined in "Methods for Chemical Analysis of Water and Wastes", EPA-600/4-79-020, March 1979, incorporated herein by reference).

"Toxic substance" or "toxic pollutant" means any pollutant identified pursuant to the Federal Act, or any pollutant or combination of pollutants, including disease causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly or indirectly by ingestion through food chains, may, on the basis of the information available to the Department, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions, including malfunctions in reproduction, or physical deformation, in such organisms or their offspring. Toxic pollutants shall, include but not be

Page 11

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

limited, to those pollutants identified pursuant to Section 307 of the Federal Act or Section 4 of the State Act, or in the case of "sludge use or disposal practices," any pollutant identified pursuant to Section 405(d) of the Federal Act.

"TP" means trout production.

"Trout maintenance waters" means waters designated at N.J.A.C. 7:9B-1.15(c) through (i) for the support of trout throughout the year.

"Trout production waters" means waters designated at N.J.A.C. 7:9B-1.15(c) through (i) for use by trout for spawning or nursery purposes during their first summer.

"Unsaturated zone" means the subsurface volume between the land's surface and the top of the saturated zone (water table), where moisture does not fill all the pore spaces in the formation or soil.

"USEPA" means the United States Environmental Protection Agency.

"Wasteload allocation" or "WLA" means the portion of a receiving water's total maximum daily load for a specific pollutant that is allocated to one of its existing or future point sources of pollution. WLAs constitute a type of water quality-based effluent limitation.

"Water effect ratio" or "WER" means the ratio of an acute (or chronic) toxicity value derived from a site study to the acute (or chronic) toxicity value derived from a laboratory study for a particular toxic substance. The WER is multiplied by the aquatic life protection criterion for a given toxic substance to derive a site-specific aquatic life protection criterion.

"Water quality-based effluent limitations" means effluent limitations established so that the quality of the waters receiving a discharge will meet the surface water quality criteria and policies of this chapter after the introduction of the effluent.

"Water Quality Standards variance" or "WQS variance" means a time-limited designated use and criterion for a specific pollutant or pollutants that reflect the highest attainable condition during the term of the WQS variance. For the purposes of any such WQS variance, pollutant shall refer to any substance, as specified at N.J.A.C. 7:9B-1.14.

"Watershed-specific translators" means numeric translators developed, as part of a total maximum daily load (TMDL) in accordance with N.J.A.C. 7:15-5, to demonstrate compliance with the narrative criterion pursuant to N.J.A.C. 7:9B-1.14(d)4i. to protect existing or designated uses for specified watershed(s).

"Waters of the State" means the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

Page 12

"Wetlands" means those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. The Department shall evaluate the parameters of hydrology, soils, and vegetation to determine the presence and extent of wetlands.

7:9B-1.5 Statements of policy

(a) General policies are as follows:

  1. These Surface Water Quality Standards apply to all surface waters of the State.
  2. Water is vital to life and comprises an invaluable natural resource which is not to be abused by any segment of the State’s population or economy. It is the policy of the State to restore, maintain and enhance the chemical, physical and biological integrity of its waters, to protect the public health, to safeguard the aquatic biota, protect scenic and ecological values, and to enhance the domestic, municipal, recreational, industrial, agricultural and other reasonable uses of the State’s waters.
  3. The restoration, maintenance and preservation of the quality of the waters of the State for the protection and preservation of public water supplies is a paramount interest of the citizens of New Jersey. In order to provide adequate, clean supplies of potable water, it is the policy of the State that all fresh waters be protected as potential sources of public water supply. Therefore, point and nonpoint sources of pollutants shall be regulated to attain compliance with the Surface Water Quality Standards human health criteria outside of regulatory mixing zones.
  4. Toxic substances in waters of the State shall not be at levels that are toxic to humans or the aquatic biota, or that bioaccumulate in the aquatic biota so as to render them unfit for human consumption.
  5. The introduction of carcinogenic, mutagenic, or teratogenic substances into the environment is of particular concern to the Department. Human health-based ambient criteria have been established in freshwaters due to consumption of fish and water, and in saline water due to consumption of fish. For carcinogens, the criteria have been established at levels which would result in no greater than a one-in-one-million lifetime excess cancer risk. For non-carcinogens, the criteria have been established which would result in no appreciable risk of deleterious effect.
  6. Existing uses shall be maintained and protected. Designated uses shall, as soon as technically and economically feasible, be attained wherever these uses are not precluded by natural conditions. Where existing criteria are inadequate to support the existing or designated uses, the criteria shall be changed to support the existing uses.
  7. The restoration of saline waters to levels which permit unrestricted shellfish harvesting is an objective of the Department.
  8. The Department encourages the use of reclaimed water for beneficial reuse to help preserve the highest quality water and reduce the export of freshwater out of basins in support of meeting water supply needs and natural resource protection.
  9. The Department uses the Integrated Water Quality Monitoring and Assessment Methods developed pursuant to N.J.A.C. 7:15-5.2 to evaluate water quality data and

11

Page 13

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

identify waters where water quality does not meet the Surface Water Quality Standards at N.J.A.C. 7:9B as required by Section 303(d) and 305(b) of the Federal Clean Water Act.

(b) Interstate waters policies are as follows:

  1. The designated uses and water quality criteria for the fresh and saline waters under the jurisdiction of the Delaware River Basin Commission shall be as established in accordance with N.J.A.C. 7:9B-1.13 and 1.14I through (g).

  2. The designated uses and water quality criteria for waters under the jurisdiction of the Interstate Environmental Commission in the New Jersey/New York metropolitan area shall be as established in this subchapter, or in accordance with the prevailing Water Quality Regulations of the Interstate Environmental Commission, including all amendments and future supplements thereto, whichever are more stringent.

(c) General technical policies are as follows:

  1. The natural water quality shall be used in place of the promulgated water quality criteria of N.J.A.C. 7:9B-1.14 for all water quality characteristics that do not meet the promulgated water quality criteria as a result of natural causes.

  2. Water quality criteria are expected to be maintained during periods when nontidal or small tidal stream flows are at or greater than the MA7CD10 flow, except as provided below:

i. For acute aquatic life protection criteria, the design flow shall be the MA1CD10 flow;

ii. For chronic aquatic life protection criteria for ammonia, the design flow shall be the MA30CD10 flow; and

iii. For human health criteria for carcinogens listed at N.J.A.C. 7:9B-1.14(f)7, the design flow shall be the flow which is exceeded 75 percent of the time for the appropriate "period of record" as determined by the United States Geological Survey.

  1. Water quality criteria are expected to be maintained in intermittent streams during all natural flow conditions. When an intermittent stream does not contain natural flow of sufficient magnitude to determine water quality, the criteria to be maintained in the intermittent stream will be those pertaining to the measurable natural flow immediately downstream of the intermittent stream.

  2. All analytical data to be incorporated by the Department in water quality monitoring or other activities shall be from laboratories approved or certified by the Department for the analysis of those specific parameters. If certification is not offered for the specific parameter, the laboratory performing the analysis shall, at a minimum, hold certification in the category of certification covering that type of parameter.

  3. The Department shall utilize the parameter specific criteria contained in N.J.A.C. 7:9B-1.14 in the development of chemical specific water quality-based effluent limitations for point source discharges. Whenever parameter specific criteria have not been adopted, the Department will utilize the best available scientific information in the development of chemical specific water quality-based effluent limitations for

Page 14

point source discharges. Ambient criteria published by the United States Environmental Protection Agency pursuant to section 304(a) of the Federal Clean Water Act represent the minimum acceptable best scientific information to be used in the development of water quality-based effluent limitations for point source discharges.

  1. When the Department promulgates a new or revised maximum contaminant level (MCL) in the Safe Drinking Water Act rules at N.J.A.C. 7:10 for a parameter for which there is an established human health based criterion at N.J.A.C. 7:9B-1.14(f)7, the Department shall modify the human health based criterion based on the toxicity factor used to establish the MCL and shall incorporate the modified criterion into N.J.A.C. 7:9B-1.14(f)7. The Department shall publish a notice of administrative change in the New Jersey Register.

  2. The Department shall utilize a geometric mean to assess compliance with the bacterial quality indicators at N.J.A.C. 7:9B-1.14(d)1ii-iii. The Department shall issue beach notifications in accordance with N.J.A.C. 8:26.

  3. The Department shall implement the geometric mean and statistical threshold values (STV), where applicable, for bacterial quality criteria established at N.J.A.C. 7:9B1.14(d)1ii and iii, over a 30-day period in the NJPDES permits, in accordance with N.J.S.A. 58:10A-3 and N.J.A.C. 7:14A-13.15(a)2.

  4. Temperature criteria at N.J.A.C. 7:9B-1.14(d) apply unless an alternative effluent limitation is approved in accordance with Section 316(a) of the Clean Water Act, 33 U.S.C. 1326(a).

i. Properly treated wastewater discharge shall be deemed in compliance with the temperature criteria if the ambient stream temperature measured outside the regulatory heat dissipation area does not increase by more than:

(1) 0.6 degrees Celsius in FW2-TP waters (2) 1.2 degrees Celsius in FW2-TM waters (3) 2.8 degrees Celsius in FW2-NT waters (4) 2.2 degrees Celsius in SE and SC waters from September through May (5) 0.8 degrees Celsius in SE and SC waters from June through August

ii. Thermal alterations to lakes, ponds, or reservoirs shall not be permitted unless it can be shown to be beneficial to the designated and existing uses.

  1. The Department may adopt an alternative freshwater total ammonia criterion pursuant to the Aquatic Life Ambient Water Quality Criteria For Ammonia – Freshwater 2013, EPA 822-R-13-001, April 2013, https://www.epa.gov/sites/default/files/2015-08/documents/aquatic-life-ambient-water-quality-criteria-for-ammonia-freshwater-2013.pdf, if a permittee demonstrates to the satisfaction of the Department, that an alternative criterion is applicable in place of the freshwater total ammonia criteria at N.J.A.C. 7:9B-1.14(e)2.

(d) Antidegradation policies applicable to all surface waters of the State are as follows:

  1. Existing uses shall be maintained and protected. Designated uses shall be maintained or, as soon as technically and economically feasible, be attained wherever these uses are not precluded by natural conditions.

13

Page 15

i. The maintenance, migration, and propagation of threatened or endangered species (as defined under the Federal Endangered Species Act of 1973 as amended, 16 U.S.C. 1531 et seq., and/or the New Jersey Endangered and Nongame Species Conservation Act N.J.S.A. 23:2A-1 et seq.) is considered an existing use that must be maintained.

ii. No irreversible changes may be made to existing water quality that would impair or preclude attainment of the designated uses of a waterway.

iii. No changes shall be allowed in waters which constitute an outstanding National or State resource or in waters that may affect these outstanding resource waters.

iv. Where water quality exceeds levels necessary to support the designated uses, including but not limited to, propagation of fish, shellfish, and wildlife and recreation in and on the water, that quality shall be maintained and protected unless the Department finds, after full satisfaction of the intergovernmental coordination and public participation provisions of the Department's continuing planning process (see N.J.A.C. 7:15-2.2), which includes, but is not limited to, the NJPDES Regulations (N.J.A.C. 7:14A), that allowing lower water quality is necessary to accommodate important economic or social development in the area in which the waters are located.

v. Where a lower classification of water (including the antidegradation designation) may impinge upon a higher classification/antidegradation designation of water, the Department shall ensure that the quality and uses of the higher classification/antidegradation water are protected.

vi. A waterway or waterbody from which water is transferred to another waterway or waterbody shall be treated as a tributary to the waterway or waterbody receiving the transferred water.

vii. Modifications of water quality-based effluent limitations established to implement the antidegradation policy may be granted pursuant to N.J.A.C. 7:9B-1.8 and 1.9.

  1. Antidegradation policies applicable to a waterbody are as follows:

i. The quality of nondegradation waters shall be maintained in their natural state (set aside for posterity) and shall not be subject to any manmade wastewater discharges. The Department shall not approve any activity which, alone or in combination with any other activities, might cause changes, other than toward natural water quality, in the existing surface water quality characteristics.

ii. For Pinelands waters, the Department shall not approve any activity which alone or in combination with any other activities, might cause changes, other than toward natural water quality, in the existing surface water quality characteristics. This policy shall apply as follows:

(1) This policy is not intended to interfere with water control in the operation of cranberry bogs or blueberry production.

(2) New or expanded discharges are not allowed, unless authorized by the Pinelands Commission in accordance with Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-4.61 through 4.70.

iii. Category One Waters shall be protected from any measurable changes (including calculable or predicted changes) to the existing water quality. Water quality characteristics that are generally worse than the water quality criteria,

14

Page 16

except as due to natural conditions, shall be improved to maintain or provide for the designated uses where this can be accomplished without adverse impacts on organisms, communities, or ecosystems of concern.

iv. For Category Two Waters, water quality characteristics that are generally better than, or equal to the water quality standards shall be maintained within a range of quality that shall protect the existing/designated uses as determined by studies acceptable to the Department, relating existing/designated uses to water quality. Where such studies are not available or are inconclusive, water quality shall be protected from changes that might be detrimental to the attainment of the designated uses or maintenance of the existing uses. Water quality characteristics that are generally worse than the water quality criteria shall be improved to meet the water quality criteria.

v. For waters of mainstem of the Delaware River designated as Special Protection Waters pursuant to the DRBC Water Quality Regulations Article 3 Section 3.10.3A2, the antidegradation policies are as specified in the DRBC Water Quality Regulations.

(e) Water quality-based effluent limitation policies are as follows:

  1. Water quality-based effluent limitations may be established so as to minimize total expenditures, subject to social and environmental constraints, so that the provisions of the water quality standards (which includes the antidegradation policies) are met. This policy may result in the assignment of different levels of treatment to different dischargers where this proves more beneficial on a study area basis.

  2. Modifications of water quality-based effluent limitations established to implement the water quality standards (which includes the antidegradation policies) granted pursuant to N.J.A.C. 7:9B-1.8 and 1.9, shall provide for effluent limits at least as stringent as those required pursuant to sections 301, 306, and 307 of the Federal Clean Water Act or the minimum BOD5 effluent standards at N.J.A.C. 7:14A-12.4, where applicable, whichever are more stringent.

  3. Water quality-based effluent limitations developed in accordance with N.J.A.C. 7:14A-13.6 shall not interfere with the attainment of the Surface Water Quality Standards, including the antidegradation policies.

  4. When a discharge is made to a tidal waterway in the reach where the salinity varies from less than 3.5 ppt. to greater than 3.5 ppt., or the salinity data are inconclusive, the Department shall establish as water quality-based effluent limitations the more stringent of the limitations, on a parameter specific basis, required for the upstream FW waters or the downstream SE waters.

  5. Where the effluent limitations developed pursuant to N.J.A.C. 7:14A-13.6 are below the level of detectability of the procedures in N.J.A.C. 7:18 the Department will use an effluent limitation of nondetectable in any NJPDES permit.

  6. Compliance schedules may be issued in accordance with N.J.A.C. 7:14A-6.4 when it is demonstrated by a discharger that new or revised water quality-based effluent limitations, based on ambient criteria adopted or revised after July 1, 1977, cannot be consistently met with the facility's existing treatment process. No schedule of compliance may be allowed for parameter specific water quality-based effluent

15

Page 17

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

limitations where the parameter specific ambient water quality criterion, which was the basis for developing that limitation, was adopted prior to July 1, 1977, and has not been revised since adoption.

  1. The Department may require characterization monitoring in NJPDES permits for mercury and PCBs using the USEPA approved method 1631 for mercury (Guidelines Establishing Test Procedures for the Analysis of Pollutants; Measurement of Mercury in Water; Revisions to EPA Method 1631, 40 C.F.R. 136, Fed. Reg. 67:65876, October 29, 2002) incorporated herein by reference, as amended and supplemented, available at http://www.epa.gov/waterscience/methods/1631.html, as supplemented and amended and 1668A for PCBs (Method 1668, Revision A: Chlorinated Biphenyl Congeners in Water, Soil, Sediment, and Tissue by HRGC/HRMS. EPA-821-R-00-002, December 1999) incorporated herein by reference, as amended and supplemented, available at http://www.epa.gov/Region8/water/wastewater/biohome/biosolidsdown/methods/1668a5.pdf.

(f) Whole Effluent Toxicity Requirements shall be established for NJPDES point sources in accordance with N.J.A.C. 7:14A–13.6(d).

(g) Nutrient policies are as follows:

  1. These policies apply to all waters of the State.
  2. The Department may develop watershed-specific translators or site-specific criteria through a Total Maximum Daily Load (TMDL). Site specific criteria shall be incorporated at N.J.A.C. 7:9B-1.14(g).
  3. The Department shall establish water quality-based effluent limits for nutrients, in addition to or more stringent than the effluent standard in N.J.A.C. 7:14A-12.7, as necessary to meet a wasteload allocation established through a TMDL, or to meet the criteria at N.J.A.C. 7:9B-1.14(d)4.
  4. Activities resulting in the nonpoint discharge of nutrients shall implement the best management practices determined by the Department to be necessary to protect the existing or designated uses.

(h) A permittee may request that a regulatory mixing zone be established by the Department for applicable criteria except as otherwise provided in this section. Regulatory mixing zones may be evaluated as part of the development of water quality-based effluent limitation(s) to provide for the initial dispersion of the effluent in the receiving water body at or near the discharge point.

  1. The following are the general conditions for establishing regulatory mixing zones:

i. Regulatory mixing zones shall be established in accordance with this subsection; ii. Water quality criteria may be exceeded within the regulatory mixing zone; however, surface water quality criteria must be met at the edge of the regulatory mixing zone;

Page 18

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

iii. The regulatory mixing zone shall be no larger than that portion of the receiving water where complete mixing occurs;

iv. Regulatory mixing zones shall not be used for, or considered as a substitute for, minimum treatment technology required by the Federal and State Acts or other applicable Federal or State laws or regulations;

v. Regulatory mixing zones shall be established to assure that significant mortality does not occur to free swimming or drifting organisms;

(1) In individual regulatory mixing zones, discharges which meet acute effluent toxicity of $\mathrm{LC}_{50} \geq 50\%$ shall be deemed to comply with this requirement.

(2) In cases of extended regulatory mixing zones resulting from multiple, conjoined individual regulatory mixing zones, site-specific studies to demonstrate no significant mortality shall be required, taking into account factors including, time of travel, concentration, and the toxicity of the parameters in question;

vi. The existing and designated uses outside the regulatory mixing zone shall not be adversely affected;

vii. The total area and volume of a waterbody assigned to a regulatory mixing zone shall be limited to that which will not adversely affect beneficial uses or interfere with biological communities or populations of important species (for example, commercially or recreationally significant species; or threatened or endangered species);

viii. Regulatory mixing zones, including those for shore hugging plumes, shall not extend into recreational areas, potable surface water intakes (1,500 feet upstream and 500 feet downstream or to the farthest point of backwatering due to the intake, whichever is more protective), shellfish harvesting areas, threatened or endangered species habitat, and other important biological or natural resource areas;

ix. The regulatory mixing zone shall not inhibit or impede the passage of aquatic biota; and

x. Overlapping regulatory mixing zones shall not inhibit or impede the passage of aquatic biota.

  1. Spatial limitations for regulatory mixing zones delineate the maximum area in which the initial mixing may occur. A site-specific study performed in accordance with (h)3 below will be used to determine dilution in tidal water bodies and in nontidal water bodies where mixing is not shown to be rapid and complete. A maximum area shall be applied in any one of the following four situations:

i. Heat dissipation areas shall be established as follows:

(1) For discharges to FW2-NT, FW2-TM, and SE waters, not more than one-quarter (1/4) of the cross section and/or volume of the water body at any time or more than two-thirds (2/3) of the surface from shore to shore at any time.

(2) For discharges to lakes, ponds, reservoirs, bays or coastal waters, the heat dissipation areas shall be developed on a case-by-case basis.

(3) A discharger may be granted a larger heat dissipation area pursuant to 33 U.S.C. 1326(a) Section 316(a) of the Clean Water Act.

ii. For discharges to tidal water bodies:

Page 19

(1) Regulatory mixing zones for chronic and human health criteria are limited to one fourth of the distance between the discharge port closest to the shoreline and the shoreline during average tidal conditions, or 100 meters, whichever is greater; and

(2) Regulatory mixing zones for acute criteria are limited by the distances calculated in accordance with the USEPA “Technical Support Document For Water Quality-Based Toxics Control” USEPA, EPA/505/2-90-001, March 1991, incorporated herein by reference. In no case shall a regulatory mixing zone for acute criteria extend more than 100 meters from the discharge point or include more than five percent of the total surface area of a water body based on critical ambient tidal conditions during low slack, astronomical spring tide for the applicable exposure period.

iii. For discharges to non-tidal water bodies:

(1) Regulatory mixing zones for chronic and human health criteria shall be based on the design flows at (c)2 above. If rapid, complete mix is demonstrated, the entire available design flow may be used in dilution calculations. If rapid, complete mix is not demonstrated, only that portion of the design flow that can be demonstrated to mix with the effluent within 100 meters from the discharge point may be used in dilution calculations; and

(2) Regulatory mixing zones for acute criteria shall be based on the MA1CD10 design flow. If rapid, complete mix is demonstrated, the entire available design flow may be used in dilution calculations. If rapid, complete mix is not demonstrated, only that portion of the design flow that can be demonstrated to mix with the effluent within a downstream distance calculated in accordance with the USEPA “Technical Support Document For Water Quality-Based Toxics Control” USEPA, EPA/505/2-90-001, March 1991 may be used. In no case shall a regulatory mixing zone for acute criteria extend more than 100 meters from the discharge point or include more than five percent of the total surface area of a water body based on the design flow.

iv. Site-specific spatial dimensions of the regulatory mixing zone for an approved multiport diffuser shall be determined by the Department. The dimensions of the site-specific regulatory mixing zone and the allowable dilution at the edge of the regulatory mixing zone may be established using appropriate diffuser models (for example, CORMIX, PLUMES), tracer studies, or other field studies approved by the Department in accordance with (h)3 below.

  1. A regulatory mixing zone study shall be conducted in accordance with a workplan pre-approved by the Department. General protocols for conducting mixing zone studies are described in the USEPA “Technical Support Document For Water Quality-Based Toxics Control” USEPA, EPA/505/2-90-001, March 1991. In addition, the following principles apply:

i. The design flows to be used in calculating available dilution in nontidal waters shall be based on the design flows specified at (c)2 above; and

ii. In tidal waters, the regulatory mixing zone for an acute criteria shall be based on critical ambient tidal conditions during low slack, astronomical spring tide

18

Page 20

for the applicable exposure period. Regulatory mixing zones for chronic and human health criteria shall be based on average conditions during a normal tidal cycle.

  1. In order to determine waste load allocations and NJPDES/DSW permit effluent limitations that will comply with the regulatory mixing zone requirements, instream pollutant concentrations at the boundary of the regulatory mixing zone shall be determined as follows:

i. The instream concentrations shall be determined using either a general mass balance equation or a mathematical model, if available; or the information generated during the course of a study as described at (h)2 above. ii. If the regulatory mixing zone is based upon the guidance and procedures in the USEPA “Technical Support Document For Water Quality-Based Toxics Control” USEPA, EPA/505/2-90-001, March 1991, the Technical Support Document will also be used to determine instream concentrations at the boundary of the regulatory mixing zone.

  1. Regulatory mixing zones are prohibited as follows:

i. For indicators of pathogenic quality, including fecal coliform, E. Coli and enterococci; ii. In intermittent streams; iii. For new or increased discharges to lakes, ponds, and reservoirs; iv. For discharges to areas of waters with documented occurrences of any threatened or endangered species listed pursuant to the Federal or State Threatened and Endangered Species Acts (Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq.; New Jersey Endangered and Non Game Species Conservation Act of 1973, N.J.S.A. 23:2A-1 et seq.; Endangered Plant Species List Act, N.J.S.A. 13:1B-15.151 et seq.), if those discharges would likely have an adverse effect on the species or its associated habitat; v. For heat dissipation areas in FW2-TP waters; vi. For heat dissipation areas within 1,500 feet of the shoreline in SC waters; vii. For new discharges of the following pollutants:

(1) alpha-BHC (alpha-HCH); (2) beta-BHC (beta-HCH); (3) gamma-BHC (gamma HCH / Lindane); (4) Chlordane; (5) 4,4'-DDD (p,p'-TDE); (6) 4,4'-DDE; (7) 4,4'-DDT; (8) Dieldrin; (9) Hexachlorobenzene; (10) Hexachlorobutadiene; (11) Mercury; (12) Mirex; (13) Pentachlorobenzene; (14) Polychlorinated biphenyls (PCBs); (15) 1,2,4,5-Tetrachlorobenzene; (16) 2,3,7,8-Tetrachlorodibenzo-p-dioxin (TCDD); and

19

Page 21

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

(17) Toxaphene; and

viii. For new or expanded discharges, within 1,500 feet upstream of a potable surface water intake (including any reservoir) and 500 feet downstream or to the farthest point of backwatering due to the intake, whichever is more protective.

7:9B-1.6 Establishment of water quality-based effluent limitations

(a) Water quality-based effluent limitations shall be established for NJPDES point sources in accordance with N.J.A.C. 7:14A.

(b) For new and/or expanding NJPDES point sources, the water quality-based effluent limitations shall comply with the antidegradation policies at N.J.A.C. 7:9B-1.5(d) above.

(c) Water quality-based effluent limits for chlorine produced oxidants based on the criteria in N.J.A.C. 7:9B-1.14(f) are not applicable where:

  1. The aquatic community of a waterbody is exposed to one or more point source discharges of non-contact cooling water that is intermittently chlorinated to control condenser biofouling;
  2. The total period of such exposure to chlorinated wastewater is two hours per day or less; and
  3. The maximum concentration of chlorine produced oxidants in the effluents of such discharges shall not exceed 200 µg/L.

(d) The Department may authorize compliance schedules in accordance with individual NJPDES permits to allow the permittee time to comply with new effluent limitations.

7:9B-1.7 Waterway loadings in areawide water quality management plans

Any total maximum daily load, wasteload allocation, or load allocation established as an amendment to an areawide water quality management plan under N.J.A.C. 7:15-5.4 shall be consistent with all of the provisions of this subchapter.

7:9B-1.8 Procedures for modifying water quality-based effluent limitations for individual dischargers to Category One waters

(a) An applicant requesting modification of a water quality-based effluent limitation, established on a case-by-case basis, must demonstrate, to the satisfaction of the Department, after public notice (including notice to affected municipalities) and a public hearing (where sufficient public interest exists), that:

  1. Some change in ambient water quality should be allowed because of necessary and justifiable social or economic development;
  2. Alternative effluent limitations, at least as stringent as the technology-based effluent limitations required by either sections 301, 306, and 307 of the Federal Clean Water Act, or the effluent limitations resulting from application of the minimum BOD5 effluent standards in N.J.A.C. 7:14A-12.4 (where applicable), whichever are more stringent, will not interfere nor be injurious to the existing or designated uses; and

Page 22

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

  1. Where the requested modified effluent limitations would result in contravention of the water quality criteria or the degradation of the natural water quality, whichever is less stringent: i. The water quality criteria are not attainable because of natural background; or ii. The water quality criteria are not attainable because of irretrievable man-induced conditions; or iii. Natural, ephemeral, intermittent, or low flow conditions or water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating State water conservation requirements to enable uses to be met; or iv. Controls more stringent than those required by Sections 301(b) and 306 of the Federal Clean Water Act would result in substantial and widespread adverse social and economic impact.

(b) It is the responsibility of the applicant to provide the Department with all the information needed to evaluate the requested modification(s).

(c) Modified effluent limitations may be renewed if the discharger demonstrates, to the Department's satisfaction, after public notice (including notice to affected municipalities) and a public hearing (where sufficient interest exists), that the basis for issuing the modification still exists and there have been no adverse impacts on the existing uses.

(d) Where water quality criteria are not currently met the Department shall not grant a modification, as set forth in this section, establishing an effluent limitation less stringent than the limitation(s) in the existing permit, unless the criteria are not met because of natural conditions.

7:9B-1.9 Procedures for modifying water quality-based effluent limitations for individual dischargers to Category Two waters.

(a) The criteria for modifying water quality-based effluent limitations established on a case-by-case basis are:

  1. The applicant for modification of effluent limitations for parameters that are currently better than the water quality criteria must demonstrate, to the satisfaction of the Department, after public notice (including notice to affected municipalities) and a public hearing (where sufficient public interest exists), that: i. Some degradation of water quality parameters currently better than the water quality criteria should be allowed because of necessary and justifiable social or economic development; and ii. Alternative effluent limitations, at least as stringent as the technology-based effluent limitations required by either sections 301, 306, and 307 of the Federal Clean Water Act, or the effluent limitations resulting from application of the effluent standards (where applicable) in N.J.A.C. 7:14A-12, whichever are more stringent, will not interfere with nor be injurious to the existing or designated uses.

  2. The applicant for modification of effluent limitations for parameters that are currently equal to or currently do not meet the water quality criteria in this subchapter must demonstrate, to the satisfaction of the Department, after public notice (including

Page 23

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

notice to affected municipalities) and a public hearing (where sufficient public interest exists), that:

i. The water quality criteria are not attainable because of natural background; or ii. The water quality criteria are not attainable because of irretrievable man-induced conditions; or iii. Natural, ephemeral, intermittent, or low flow conditions or water levels prevent the attainment of the water quality criteria, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating State water conservation requirements to enable uses to be met; or iv. Controls more stringent than those required by Section 301(b) and 306 of the Federal Clean Water Act would result in substantial and widespread adverse social and economic impact.

(b) Where water quality criteria are not currently met the Department shall not grant a modification, as set forth in this section, establishing an effluent limitation less stringent than the limitation(s) in the existing permit, unless the criteria are not met because of natural conditions. (c) Modified effluent limitations may be renewed if the discharger demonstrates, to the satisfaction of the Department, after public notice (including notice to affected municipalities) and a public hearing (where sufficient interest exists), that the basis for issuing the modification still exists and there have been no adverse impacts on the existing uses.

7:9B-1.10 Procedures for reclassifying specific segments for less restrictive uses

(a) The Department will entertain petitions, for reclassification of specific segments to less restrictive uses, or may decide to initiate reclassification proceedings on its own, at any time. (b) Any reclassification proceedings will include full documentation of the items contained in (d) and (e) below. The documentation will be prepared by either the Department (where the Department has initiated the reclassification on its own) or the petitioner for the reclassification. (c) The Department shall issue public notice to all interested parties (including affected municipalities) and shall hold public hearing(s) as part of any reclassification proceeding. (d) The Department or the petitioner, as indicated in (b) above, shall include in the reclassification documentation appropriate water quality studies and analyses, biological studies and analyses, environmental, social, and economic studies as are necessary to demonstrate the satisfaction of (e)1 and 2 below, in addition to at least one of the remaining criteria in (e) below. (e) The Department may establish less restrictive uses than the designated uses only after it has been demonstrated to the satisfaction of the Department that:

  1. None of the uses being removed are existing uses; and
  2. The uses to be removed will not be attained by implementing effluent limits required by Sections 301(b) and 306 of the Federal Clean Water Act in conjunction with

Page 24

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

implementation of cost-effective and reasonable best management requirements for nonpoint source pollution control; and

  1. The existing designated use is not attainable because of natural background; or
  2. The existing designated use is not attainable because of irretrievable man-induced conditions; or
  3. Natural, ephemeral, intermittent, or low flow conditions or water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating State water conservation requirements to enable uses to be met; or
  4. Physical conditions related to the natural features of the water body, such as the lack of a proper substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water quality, preclude attainment of aquatic life protection uses; or
  5. Controls more stringent than those required by Sections 301(b) and 306 of the Federal Clean Water Act would result in substantial and widespread adverse social and economic impact.

(f) Any reclassification for less restrictive uses, established pursuant to this section shall be reviewed during each review of water quality standards pursuant to Section 303 of the Federal Clean Water Act (at least once every three years). Either the Department or the original petitioner, as indicated in (b) above, shall be responsible for supplying documentation showing that the bases for the reclassification still exist. (g) In those cases in which a thermal discharge is involved, the procedures for reclassifying segments for less restrictive use shall be consistent with section 316 of the Federal Clean Water Act.

7:9B-1.11 Procedures for reclassifying specific segments for more restrictive uses

(a) The Department will entertain petitions, for reclassification of specific segments, pursuant to (e) below, or may decide to initiate reclassification proceedings on its own, at any time. (b) The Department may entertain petitions for reclassification of specific segments, pursuant to (f) below, at any time. (c) Documentation supporting the petition for reclassification for more restrictive use(s) shall be prepared by the petitioner for such reclassification, where one exists, or by the Department, where it decides to initiate such reclassification on its own. (d) The Department shall issue public notice to all interested parties (including affected municipalities and dischargers) and shall hold public hearing(s) as part of any reclassification proceeding. (e) A reclassification for more restrictive uses shall be made whenever:

  1. It is demonstrated to the satisfaction of the Department that there are existing uses of the specific segment that are not included in the designated uses; or
  2. Where a reclassification for less restrictive uses has been granted pursuant to N.J.A.C. 7:9B-1.10, the bases for the reclassification no longer exist; or
  3. It is demonstrated to the satisfaction of the Department that any uses in Section 101(a)(2) of the Federal Clean Water Act, protection and propagation of fish, shellfish, and wildlife, and recreation in and on the water, which are not included in the designated uses listed in this subchapter are attainable.

Page 25

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

(f) A reclassification for more restrictive uses may be made when: 1. It is demonstrated to the satisfaction of the Department that the waters should be set aside to represent the natural aquatic environment and its associated biota; or 2. It is demonstrated to the satisfaction of the Department that a more restrictive use is necessary to protect a unique ecological system or threatened/endangered species.

(g) In those cases in which a thermal discharge is involved, the procedures for reclassifying segments for more restrictive uses shall be consistent with section 316 of the Federal Clean Water Act.

7:9B-1.12 Designated uses of FW1, PL, FW2, SE1, SE2, SE3, and SC waters

(a) In all FW1 waters the designated uses are: 1. Set aside for posterity to represent the natural aquatic environment and its associated biota; 2. Primary contact recreation; 3. Maintenance, migration and propagation of the natural and established aquatic biota; and 4. Any other reasonable uses.

(b) In all PL waters the designated uses are: 1. Cranberry bog water supply and other agricultural uses; 2. Maintenance, migration and propagation of the natural and established biota indigenous to this unique ecological system; 3. Public potable water supply after conventional filtration treatment (a series of processes including filtration, flocculation, coagulation, and sedimentation, resulting in substantial particulate removal but no consistent removal of chemical constituents) and disinfection; 4. Primary contact recreation; and 5. Any other reasonable uses.

(c) In all FW2 waters the designated uses are: 1. Maintenance, migration and propagation of the natural and established biota; 2. Primary contact recreation; 3. Industrial and agricultural water supply; 4. Public potable water supply after conventional filtration treatment (a series of processes including filtration, flocculation, coagulation, and sedimentation, resulting in substantial particulate removal but no consistent removal of chemical constituents) and disinfection; and 5. Any other reasonable uses.

(d) In all SE1 waters the designated uses are: 1. Shellfish harvesting in accordance with N.J.A.C. 7:12; 2. Maintenance, migration and propagation of the natural and established biota; 3. Primary contact recreation; and

Page 26

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

  1. Any other reasonable uses.

(e) In all SE2 waters the designated uses are: 1. Maintenance, migration and propagation of the natural and established biota; 2. Migration of diadromous fish; 3. Maintenance of wildlife; 4. Secondary contact recreation; and 5. Any other reasonable uses.

(f) In all SE3 waters the designated uses are: 1. Secondary contact recreation; 2. Maintenance and migration of fish populations; 3. Migration of diadromous fish; 4. Maintenance of wildlife; and 5. Any other reasonable uses.

(g) In all SC waters the designated uses are: 1. Shellfish harvesting in accordance with N.J.A.C. 7:12; 2. Primary contact recreation; 3. Maintenance, migration and propagation of the natural and established biota; and 4. Any other reasonable uses.

7:9B-1.13 Designated uses of mainstem Delaware River and Delaware Bay

(a) The designated uses for the mainstem Delaware River and Delaware Bay are those contained in the DRBC Water Quality Regulations. (b) The designated uses for other waters under the jurisdiction of the DRBC are as set forth at N.J.A.C. 7:9B-1.12.

7:9B-1.14 Surface water quality criteria

(a) Surface water quality criteria for FW1 waters shall be maintained as to quality in their natural state. (b) Surface water quality criteria for PL waters are as follows: 1. These waters shall be maintained as to quality in their existing state or that quality necessary to attain or protect the designated uses, whichever is more stringent. i. For Nitrate-Nitrogen a level of 2 mg/L shall be maintained in the surface waters unless it is shown that a lower level must be maintained to protect the existing surface water quality. ii. A pH level between 3.5 and 5.5 shall be maintained unless it is demonstrated that a pH level outside of that range is necessary to protect the existing/ designated uses. 2. The water quality criteria for existing discharges are the water quality criteria contained in "Surface Water Quality Standards" as adopted in March 1981, except that:

Page 27

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

i. The criteria for Nitrate-Nitrogen and pH promulgated in N.J.A.C. 7:9B-1.14(b)1 for PL waters apply instead of the 1981 criteria, and; ii. The criteria for phosphorous, bacterial quality, and toxic substances promulgated in N.J.A.C. 7:9B-1.14(c) through (g) apply instead of the 1981 criteria, as though the freshwater portions of the PL waters were classified as FW2 and the saline portions were classified as SE1.

(c) Unless site-specific criteria are established at (g) below, State-wide criteria apply for FW2, SE, and SC waters as listed in accordance with (d) through (f) below.

(d) Surface Water Quality Criteria for FW2, SE and SC Waters:

Page 28

7:9B-1.14(d) General Surface Water Quality Criteria for FW2, SE and SC Waters: (Expressed as Maximum concentrations unless otherwise noted)

Substance Criteria Classifications
1. (ml) Bacterial quality (Counts/100 i. Shellfish Harvesting: Bacterial Indicators shall not exceed, in all shellfish waters, the standard for approved shellfish waters as established by the National Shellfish Sanitation Program as set forth in its current manual of operations.
ii. Primary Contact Recreation:
(1) Enterococci levels shall not exceed a geometric mean of 30/100 ml over a 90-day period and a Statistical Threshold Value of 110/100 ml, which shall not be greater than 10 percent excursion frequency over a 90-day period.
(2) E. coli levels shall not exceed a geometric mean of 100/100 ml over a 90-day period and a Statistical Threshold Value of 320/100 ml, which shall not be greater than 10 percent excursion frequency over a 90-day period.
iii. Secondary Contact Recreation:
(1) Fecal coliform levels shall not exceed a geometric mean of 770/100 ml.
(2) Fecal coliform levels shall not exceed a geometric mean of 1500/100ml.
2. Dissolved oxygen (mg/L) i. Not less than 7.0 at any time;
ii. 24 hour average not less than 6.0. Not less than 5.0 at any time (see paragraph viii below);

27

Page 29

7:9B-1.14(d) General Surface Water Quality Criteria for FW2, SE and SC Waters: (Expressed as Maximum concentrations unless otherwise noted)

Substance Criteria Classifications
iii. 24 hour average not less than 5.0, but not less than 4.0 at any time (see paragraph viii below); FW2-NT (except as in iv below), SE1
iv. Not less than 4.0 at any time; Tidal portions of FW2-NT tributaries to the Delaware River, between Rancocas Creek and Big Timber Creek inclusive.
v. Not less than 5.0 at any time; SC
vi. Not less than 4.0 at any time; SE2
vii. Not less than 3.0 at any time; and SE3
viii. Supersaturated dissolved oxygen values shall be expressed as their corresponding 100 percent saturation values for purposes of calculating 24 hour averages. FW2-TM, FW2-NT, SE1
3. Floating, colloidal, color and settleable solids; petroleum hydrocarbons and other oils and grease i. None noticeable in the water or deposited along the shore or on the aquatic substrata in quantities detrimental to the natural biota. None which would render the waters unsuitable for the designated uses. All Classifications

28

Page 30

7:9B-1.14(d) General Surface Water Quality Criteria for FW2, SE and SC Waters: (Expressed as Maximum concentrations unless otherwise noted)

Substance Criteria Classifications
4. Nutrients i. Except as due to natural conditions, nutrients shall not be allowed in concentrations that render the waters unsuitable for the existing or designated uses due to objectionable algal densities, nuisance aquatic vegetation, diurnal fluctuations in dissolved oxygen or pH indicative of excessive photosynthetic activity, detrimental changes to the composition of aquatic ecosystems, or other indicators of use impairment caused by nutrients. All Classifications
ii. Phosphorus (mg/L)*
(1) Non Tidal Streams: Concentrations of total P shall not exceed 0.1 in any stream, unless site-specific criteria or watershed-specific translators are established pursuant to N.J.A.C. 7:9B-1.5(g)2 or if the Department determines that concentrations do not render the waters unsuitable in accordance with (d)4i. above. FW2
(2) Lakes: Concentrations of total P shall not exceed 0.05 in any lake, pond or reservoir, or in a tributary at the point where it enters such bodies of water, unless site-specific criteria or watershed-specific translators are developed pursuant to N.J.A.C. 7:9B-1.5(g)2 or if the Department determines that concentrations do not render the waters unsuitable in accordance with (d)4i. above. FW2

29

Page 31

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

7:9B-1.14(d) General Surface Water Quality Criteria for FW2, SE and SC Waters: (Expressed as Maximum concentrations unless otherwise noted)

Substance Criteria Classifications
5. pH (Standard Units) i. 6.5-8.5 FW2 waters listed at 1.15(d), (f), (g) and (i), All SE
ii. 4.5 – 7.5 FW2 waters listed at 1.15(c), (e) and (h)
iii. Natural pH conditions shall prevail. SC
6. Radioactivity i. Prevailing regulations including all amendments and future supplements thereto adopted by the U.S. Environmental Protection Agency pursuant to Sections 1412, 1445, and 1450 of the Public Health Services Act, as amended by the Safe Drinking Water Act (PL 93-523) All Classifications
7. Solids, Suspended (mg/L) (Non-filterable residue) i. 25.0 FW2-TP, FW2-TM
ii. 40.0 FW2-NT
iii. None of which would render the water unsuitable for the designated uses. All SE, SC
8. Solids, Total Dissolved (mg/L) (Filterable Residue) i. No increase in background which may adversely affect the survival, growth or propagation of the aquatic biota. Compliance with water quality-based WET limitations or LC_{50} ≥ 50 percent, whichever is more stringent, shall be deemed to meet this requirement. FW2

30

Page 32

7:9B-1.14(d) General Surface Water Quality Criteria for FW2, SE and SC Waters: (Expressed as Maximum concentrations unless otherwise noted)

Substance Criteria Classifications
ii. No increase in background which would interfere with the designated or existing uses, or 500 mg/L, whichever is more stringent. FW2
iii. None which would render the water unsuitable for the designated uses. All SE
9. Sulfate (mg/L) i. 250 FW2
10. Taste and odor producing substances i. None offensive to humans or which would produce offensive taste or odors in water supplies and biota used for human consumption. None which would render the water unsuitable for the designated uses. All Classifications
11. Temperature i. Temperatures shall not exceed a daily maximum of 22 degrees Celsius or rolling seven-day average of the daily maximum of 19 degrees Celsius, unless due to natural conditions FW2-TP
ii. Temperatures shall not exceed a daily maximum of 25 degrees Celsius or rolling seven-day average of the daily maximum of 23 degrees Celsius, unless due to natural conditions FW2-TM
iii. Temperatures shall not exceed a daily maximum of 31 degrees Celsius or rolling seven-day average of the daily maximum of 28 degrees Celsius, unless due to natural conditions FW2-NT
iv. No thermal alterations which would cause temperatures to exceed 29.4 degrees Celsius (85 degree Fahrenheit) Summer seasonal average SE

31

Page 33

7:9B-1.14(d) General Surface Water Quality Criteria for FW2, SE and SC Waters: (Expressed as Maximum concentrations unless otherwise noted)

Substance Criteria Classifications
12. Toxic Substances (general) v. No thermal alterations which would cause temperatures to exceed 26.7 degrees Celsius (80 degree Fahrenheit) Summer seasonal average SC
i. None, either alone or in combination with other substances, in such concentrations as to affect humans or be detrimental to the natural aquatic biota, produce undesirable aquatic life, or which would render the waters unsuitable for the designated uses. All Classifications
ii. None which would cause standards for drinking water to be exceeded after appropriate treatment. FW2
iii. Toxic substances shall not be present in concentrations that cause acute or chronic toxicity to aquatic biota, or bioaccumulate within an organism to concentrations that exert a toxic effect on that organism or render it unfit for consumption. All Classifications
iv. The concentrations of nonpersistent toxic substances in the State's waters shall not exceed one-twentieth (0.05) of the acute definitive LC_{50} or EC_{50} value, as determined by appropriate bioassays conducted in accordance with N.J.A.C. 7:18. All Classifications
v. The concentration of persistent toxic substances in the State's waters shall not exceed one-hundredth (0.01) of the acute definitive LC_{50} or EC_{50} value, as determined by appropriate bioassays conducted in accordance with N.J.A.C. 7:18. All Classifications

32

Page 34

7:9B-1.14(d) General Surface Water Quality Criteria for FW2, SE and SC Waters: (Expressed as Maximum concentrations unless otherwise noted)

Substance Criteria Classifications
13. Turbidity (Nephelometric Turbidity Unit-NTU) i. Maximum 30-day average of 15 NTU, a maximum of 50 NTU at any time. FW2, SE3
ii. Maximum 30-day average of 10 NTU, a maximum of 30 NTU at any time. SE1, SE2
iii. Levels shall not exceed 10.0 NTU. SC
  • See N.J.A.C. 7:9B-1.14(g) for site-specific criteria.

33

Page 35

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

(e) Surface Water Quality Criteria for Ammonia are derived in accordance with the formulas set forth below. Acute criteria are expressed as three-hour average using MA1CD10 flow and chronic criteria are expressed as 30-day average using MA30CD10 flow. No exceedance of criteria shall be permitted at or above the design flows specified.

CAS Number Criteria Classification
1. Ammonia, un-ionized (mg NH₃-N/L) 7664-41-7 i. at pH < 8.30
0.238*10⁰.⁰²⁶(Temp-20) + 0.41 (pH-7.80) (acute)
0.061*10⁰.⁰²⁶(Temp-20) + 0.41 (pH-7.80) (chronic) PL
ii. 0.115 (acute); 0.030 (chronic) All SE
iii. 0.094 (acute); 0.024 (chronic) SC
  1. Ammonia, Total (mg TAN/L) - Acute criteria are expressed as one-hour average using MA1CD10 flow, chronic criteria are expressed as 30-day rolling average using MA30CD10 flow and the highest four-day average within the 30-day averaging period should not be more than 2.5 times of chronic criteria. No exceedance of criteria shall be permitted at or above the design flows specified.
CAS Number Criteria applicable in FW2 waters Classifications
3. Ammonia, total (mg TAN/L) 7664-41-7 i.
MIN $\left(\frac{0.275}{1 + 10^{7.204 - pH}} + \frac{39.0}{1 + 10^{pH - 7.204}}\right),$
$\left(0.7249 \times \left(\frac{0.0114}{1 + 10^{7.204 - pH}} + \frac{1.6181}{1 + 10^{pH - 7.204}}\right) \times (23.12 \times 10^{0.036 \times (20 - T)})\right)$ (acute)

ii. 0.7249 $\times \left(\frac{0.0114}{1 + 10^{7.204 - pH}} + \frac{1.6181}{1 + 10^{pH - 7.204}}\right) \times MIN\left(51.93,23.12 \times 10^{0.036 \times (20 - T)}\right)$ (acute)

iii. 0.8876 $\times \left(\frac{0.0278}{1 + 10^{7.688 - pH}} + \frac{1.1994}{1 + 10^{pH - 7.688}}\right) \times \left(2.126 \times 10^{0.028 \times (20 - MAX(T,7))}\right)$ (chronic) | FW2-TP, FW2-TM

FW2-NT

All FW2 |

34

Page 36

(f) Surface Water Quality Criteria for Toxic Substances are as follows:

  1. Acute aquatic life protection criteria are determined with no exceedance at or above the MA1CD10 flow and expressed as one-hour average except, i. for copper the criteria are expressed as 24-hour average, and ii. for cadmium, chromium, lead, mercury, nickel, silver, and zinc the criteria are expressed as 6-hour average.
  2. Chronic aquatic life protection criteria are determined with no exceedance at or above the MA7CD10 flow and expressed as four-day average.
  3. Freshwater aquatic criteria for cadmium, chromium III, copper, nickel, silver, and zinc are expressed as a function of water hardness. Criteria can be calculated at any hardness using these equations as listed below. Criteria thus calculated are multiplied by appropriate conversion factor (CF) to convert total recoverable metal into dissolved metal and by the default Water Effect Ratio (WER) of 1.0.

$$ \text{General formula} \quad WER \left[ e^{\left(V[\ln(\text{hardness})\right] + \ln A - V[\ln Z]\right)} \right] CF $$

where: V = pooled slope A = FAV at given hardness Z = selected value of hardness

Cadmium: $$ \text{Acute dissolved criterion} \quad WER \left[ e^{\left(1.0166 \ln[\text{hardness}]\right) - 3.924} \right] 0.651 $$ $$ \text{Chronic dissolved criterion} \quad WER \left[ e^{\left(0.7409 \ln[\text{hardness}]\right) - 4.719} \right] 0.651 $$

Chromium III: $$ \text{Acute dissolved criterion} \quad WER \left[ e^{\left(0.819 \ln[\text{hardness}]\right) + 3.7256} \right] 0.277 $$ $$ \text{Chronic dissolved criterion} \quad WER \left[ e^{\left(0.819 \ln[\text{hardness}]\right) + 0.6848} \right] 0.277 $$

Copper: $$ \text{Acute dissolved criterion} \quad WER \left[ e^{\left(0.9422 \ln[\text{hardness}]\right) - 1.7} \right] 0.908 $$ $$ \text{Chronic dissolved criterion} \quad WER \left[ e^{\left(0.8545 \ln[\text{hardness}]\right) - 1.702} \right] 0.908 $$

Nickel: $$ \text{Acute dissolved criterion} \quad WER \left[ e^{\left(0.846 \ln[\text{hardness}]\right) + 2.255} \right] 0.846 $$ $$ \text{Chronic dissolved criterion} \quad WER \left[ e^{\left(0.846 \ln[\text{hardness}]\right) + 0.0584} \right] 0.846 $$

35

Page 37

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

Silver:

Acute dissolved criterion $WER[e^{(1.72(\ln [hardness]) - 6.59)}]0.85$

Zinc:

Acute or dissolved criterion $WER[e^{(0.8473(\ln [hardness]) + 0.884)}]0.950$

Chronic dissolved criterion $WER[e^{(0.8473(\ln [hardness]) + 0.884)}]0.950$

  1. Freshwater criteria for pentachlorophenol are expressed as a function of pH. Criteria are derived in accordance with the formula set forth below:

Acute criterion $= e^{(1.005[pH] - 4.869)}$

Chronic criterion $= e^{(1.005[pH] - 5.134)}$

  1. Human health noncarcinogenic effect-based criteria are expressed as a 30-day average with no frequency of exceedance at or above the MA7CD10 flow.

  2. Human health carcinogenic effect-based criteria are based on a risk level of one-in-one-million and are expressed as a 70-year average with no frequency of exceedance at or above the design flow as specified at N.J.A.C. 7:9B-1.5(c)2iii.

Page 38

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

  1. SURFACE WATER QUALITY CRITERIA FOR TOXIC SUBSTANCES: $(\mu \mathrm{g} / \mathrm{L})$
Toxic Substance CAS Number Fresh Water (FW2) Criteria Saline Water (SE & SC) Criteria
Aquatic Human Health Aquatic Human Health
Acute Chronic Acute Chronic
Acenaphthene 83-32-9 670(h) 990(h)
Acrolein 107-02-8 6.1(h) 9.3(h)
Acrylonitrile 107-13-1 0.051(hc) 0.25(hc)
Aldrin 309-00-2 3.0 0.000049(hc) 1.3 0.000050(hc)
Ammonia, un-ionized 7664-41-7 See N.J.A.C. 7:9B-1.14(e) See N.J.A.C. 7:9B-1.14(e)
Anthracene 120-12-7 8,300(h) 40,000(h)
Antimony 7440-36-0 5.6(h)(T) 640(h)(T)
Arsenic 7440-38-2 340(d)(s) 150(d)(s) 0.017(hc)(T) 69(d)(s) 36(d)(s) 0.061(hc)(T)
Asbestos 1332-21-4 7x10^6fibers/L >10μm(h)
Barium 7440-39-3 2,000(h)(T)
Benz(a)anthracene 56-55-3 0.038(hc) 0.18(hc)
Benzene 71-43-2 0.15(hc) 3.3(hc)
Benzidine 92-87-5 0.000086(hc) 0.00020(hc)
3,4-Benzofluoranthene (Benzo(b)fluoranthene) 205-99-2 0.038(hc) 0.18(hc)
Benzo(k)fluoranthene 207-08-9 0.38(hc) 1.8(hc)
Benzo(a)pyrene (BaP) 50-32-8 0.0038(hc) 0.018(hc)
Beryllium 7440-41-7 6.0(h)(T) 42(h)(T)
alpha-BHC (alpha-HCH) 319-84-6 0.0026(hc) 0.0049(hc)
beta-BHC (beta-HCH) 319-85-7 0.0091(hc) 0.017(hc)
gamma-BHC (gamma-HCH/Lindane) 58-89-9 0.95 0.98(h) 0.16 1.8(h)
Bis(2-chloroethyl) ether 111-44-4 0.030(hc) 0.53(hc)
Bis(2-chloroisopropyl) ether 108-60-1 1,400(h) 65,000(h)
Bis(2-ethylhexyl) phthalate 117-81-7 1.2(hc) 2.2(hc)
Bromodichloromethane (Dichlorobromomethane) 75-27-4 0.55(hc) 17(hc)
Bromoform 75-25-2 4.3(hc) 140(hc)
Butyl benzyl phthalate 85-68-7 150(h) 190(h)
Cadmium 7440-43-9 (a) (a) 3.4(h)(T) 40(d)(s) 8.8(d)(s) 16(h)(T)
Carbon tetrachloride 56-23-5 0.33(hc) 2.3(hc)
Chlordane 57-74-9 2.4 0.0043 0.00010(hc) 0.09 0.0040 0.00011(hc)

Page 39

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

Toxic Substance CAS Number Fresh Water (FW2) Criteria Saline Water (SE & SC) Criteria
Aquatic Human Health Aquatic Human Health
Acute Chronic Acute Chronic
Chloride 16887-00-6 860,000 230,000 250,000(ol)
Chlorine Produced Oxidants (CPO) 7782-50-5 19 11 13 7.5
Chlorobenzene 108-90-7 210(h) 2,500(h)
Chloroform 67-66-3 68(h) 2,100(h)
2-Chloronaphthalene 91-58-7 1,000(h) 1,600(h)
2-Chlorophenol 95-57-8 81(h) 150(h)
Chlorpyrifos 2921-88-2 0.083 0.041 0.011 0.0056
Chromium 7440-47-3 92(h)(T) 750(h)(T)
Chromium+3 16065-83-1 (a) (a)
Chromium+6 18540-29-9 15(d)(s) 10(d)(s) 1,100(d)(s) 50(d)(s)
Chrysene 218-01-9 3.8(hc) 18(hc)
Copper* 7440-50-8 (a) (a) 1,300(h)(T) 4.8(d)(s) 3.1(d)(s)
Cyanide (Total) 57-12-5 22(fc) 5.2(fc) 140(h) 2.7(fc) 2.7(fc) 140(h)
4,4'-DDD (p,p'-TDE) 72-54-8 0.00031(hc) 0.00031(hc)
4,4'-DDE 72-55-9 0.00022(hc) 0.00022(hc)
4,4'-DDT 50-29-3 1.1 0.0010 0.00022(hc) 0.13 0.0010 0.00022(hc)
Demeton 8065-48-3 0.1 0.1
Dibenz(a,h)anthracene 53-70-3 0.0038(hc) 0.018(hc)
Dibromochloromethane (Chlorodibromomethane) 124-48-1 0.40(hc) 13(hc)
Di-n-butyl phthalate 84-74-2 2,000(h) 4,500(h)
1,2-Dichlorobenzene 95-50-1 2,000(h) 6,200(h)
1,3-Dichlorobenzene 541-73-1 2,200(h) 8,300(h)
1,4-Dichlorobenzene 106-46-7 550(h) 2,200(h)
3,3'-Dichlorobenzidine 91-94-1 0.021(hc) 0.028(hc)
1,2-Dichloroethane 107-06-2 0.29(hc) 28(hc)
1,1-Dichloroethylene 75-35-4 4.7(h) 100(h)
trans-1,2-Dichloroethylene 156-60-5 590(h) 43,000(h)
2,4-Dichlorophenol 120-83-2 77(h) 290(h)
1,2-Dichloropropane 78-87-5 0.50(hc) 15(hc)
1,3-Dichloropropene (cis and trans) 542-75-6 0.34(hc) 21(hc)

38

Page 40

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

Toxic Substance CAS Number Fresh Water (FW2) Criteria Saline Water (SE & SC) Criteria
Aquatic Human Health Aquatic Human Health
Acute Chronic Acute Chronic
Dieldrin 60-57-1 0.24 0.056 0.000052(hc) 0.71 0.0019 0.000054(hc)
Diethyl phthalate 84-66-2 17,000(h) 44,000(h)
2,4-Dimethyl phenol 105-67-9 380(h) 850(h)
4,6-Dinitro-o-cresol 534-52-1 13(h) 280(h)
2,4-Dinitrophenol 51-28-5 69(h) 5,300(h)
2,4-Dinitrotoluene 121-14-2 0.11(hc) 3.4(hc)
1,2-Diphenylhydrazine 122-66-7 0.036(hc) 0.20(hc)
Endosulfans (alpha and beta) 115-29-7 0.22 0.056 62(h) 0.034 0.0087 89(h)
Endosulfan sulfate 1031-07-8 62(h) 89(h)
Endrin 72-20-8 0.086 0.036 0.059(h) 0.037 0.0023 0.060(h)
Endrin aldehyde 7421-93-4 0.059(h) 0.060(h)
Ethylbenzene 100-41-4 530(h) 2,100(h)
Fluoranthene 206-44-0 130(h) 140(h)
Fluorene 86-73-7 1,100(h) 5,300(h)
Guthion 86-50-0 0.01 0.01
Heptachlor 76-44-8 0.52 0.0038 0.000079(hc) 0.053 0.0036 0.000079(hc)
Heptachlor epoxide 1024-57-3 0.52 0.0038 0.000039(hc) 0.053 0.0036 0.000039(hc)
Hexachlorobenzene 118-74-1 0.00028(hc) 0.00029(hc)
Hexachlorobutadiene 87-68-3 0.44(hc) 18(hc)
Hexachlorocyclopenta-diene 77-47-4 40(h) 1,100(h)
Hexachloroethane 67-72-1 1.4(hc) 3.3(hc)
Indeno(1,2,3-cd)pyrene 193-39-5 0.038(hc) 0.18(hc)
Isophorone 78-59-1 35(hc) 960(hc)
Lead 7439-92-1 38(d)(s) 5.4(d)(s) 5.0(h)(T) 210(d)(s) 24(d)(s)
Malathion 121-75-5 0.1 0.1
Manganese 7439-96-5 100(h)(T)
Mercury 7439-97-6 1.4(d)(s) 0.77(d)(s) 0.050(h)(T) 1.8(d)(s) 0.94(d)(s) 0.051(h)(T)
Methoxychlor 72-43-5 0.03 40(h) 0.03
Methyl bromide (bromomethane) 74-83-9 47(h) 1,500(h)
Methyl t-butyl ether (MTBE) 1634-04-4 70(h)

Page 41

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

Toxic Substance CAS Number Fresh Water (FW2) Criteria Saline Water (SE & SC) Criteria
Aquatic Human Health Aquatic Human Health
Acute Chronic Acute Chronic
Methylene chloride 75-09-2 2.5(hc) 310(hc)
Mirex 2385-85-5 0.001 0.001
Nickel 7440-02-0 (a) (a) 500(h)(T) 64(d)(s) 22(d)(s) 1,700(h)(T)
Nitrate (as N) 14797-55-8 10,000(h)
Nitrobenzene 98-95-3 17(h) 690(h)
N-Nitrosodi-n-butylamine 924-16-3 0.0063(hc) 0.22(hc)
N-Nitrosodiethylamine 55-18-5 0.00023(hc) 0.13(hc)
N-Nitrosodimethylamine 62-75-9 0.00069(hc) 3.0(hc)
N-Nitrosodiphenylamine 86-30-6 3.3(hc) 6.0(hc)
N-Nitrosodi-n-propylamine (Di-n-propylnitrosamine) 621-64-7 0.0050(hc) 0.51(hc)
N-Nitrosopyrrolidine 930-55-2 0.016(hc) 34(hc)
Parathion 56-38-2 0.065 0.013
Pentachlorobenzene 608-93-5 1.4(h) 1.5(h)
Pentachlorophenol 87-86-5 (b) (b) 0.27(hc) 13 7.9 3.0(hc)
Phenol 108-95-2 10,000(h) 860,000(h)
Phosphorous (yellow) 7723-14-0 0.1
Polychlorinated biphenyls (PCBs) 1336-36-3 0.014 0.000064(hc) 0.030 0.000064(hc)
Pyrene 129-00-0 830(h) 4,000(h)
Selenium 7782-49-2 20(s) 5.0(s) 170(h)(T) 290(d)(s) 71(d)(s) 4,200(h)(T)
Silver 7440-22-4 (a) 170(h)(T) 1.9(d)(s) 40,000(h)(T)
Sulfide-hydrogen sulfide (undissociated) 7783-06-4 2 2
1,2,4,5-Tetrachlorobenzene 95-94-3 0.97(h) 1.1(h)
2,3,7,8-Tetrachlorodibenzo-p-dioxin (TCDD) 1746-01-6 0.0000000050(hc) 0.0000000051(hc)
1,1,2,2-Tetrachloroethane 79-34-5 4.7(h) 110(h)
Tetrachloroethylene 127-18-4 0.34(hc) 1.6(hc)
Thallium 7440-28-0 0.24(h)(T) 0.47(h)(T)
Toluene 108-88-3 1,300(h) 15,000(h)
Toxaphene 8001-35-2 0.73 0.0002 0.00028(hc) 0.21 0.0002 0.00028(hc)
1,2,4-Trichlorobenzene 120-82-1 21(h) 42(h)

Page 42

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

Toxic Substance CAS Number Fresh Water (FW2) Criteria Saline Water (SE & SC) Criteria
Aquatic Human Health Aquatic Human Health
Acute Chronic Acute Chronic
1,1,1-Trichloroethane 71-55-6 120(h) 2,600(h)
1,1,2-Trichloroethane 79-00-5 13(h) 350(h)
Trichloroethylene 79-01-6 1.0(hc) 12(hc)
2,4,5-Trichlorophenol 95-95-4 1,800(h) 3,600(h)
2,4,6-Trichlorophenol 88-06-2 0.58(hc) 1.0(hc)
Vinyl chloride 75-01-4 0.082(hc) 8.1(hc)
Zinc 7440-66-6 (a) (a) 7,400(h)(T) 90(d)(s) 81(d)(s) 26,000(h)(T)

(a) Criteria as listed at (f)3 above as formula (b) Criteria as listed at (f)4 above as formula (d) Criterion is expressed as a function of the Water Effect Ratio (WER). For criterion in the table, WER equates to the default value of 1.0. (fc) Criteria expressed as free cyanide (as CN)/L (h) Human health noncarcinogen (hc) Human health carcinogen (ol) Organoleptic effect-based criterion with no frequency of exceedance at or above the MA7CD10 flow (s) Dissolved criterion (T) Total recoverable criterion

  • See N.J.A.C. 7:9B-1.14(g) for site-specific criteria.

Page 43

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

(g) Site-specific surface water quality criteria listed below apply to specific waterbodies that supersede the State-wide criteria listed at (d), (e), and (f) above. Any site-specific criterion developed through a Total Maximum Daily Load (TMDL) adopted as an amendment to the Statewide Water Quality Management Plan or the applicable Areawide Water Quality Management Plan in accordance with N.J.A.C. 7:15-5.4 shall be incorporated into this section. The Department shall publish a notice of administrative change in the New Jersey Register.

1.

Toxic Substance CAS Number Freshwater Criteria Saline water Criteria Waterbodies
Aquatic Human Health Aquatic Human Health
Acute Chronic Acute Chronic
Copper (μg/L dissolved) 7440508 7.9 5.6 Newark Bay, Raritan Bay, Arthur Kill, Kill Van Kull, saline portions of the Passaic, Hackensack, and Hudson Rivers and saline portions of tributaries to all of these waters.

2.

Substance Criteria Duration Waterbody Associated HUC14 Name Associated HUC14 Number
Total Phosphorus (mg/L)(A) 0.050 Annual average Carnegie Lake (Mercer & Middlesex Counties) Stony Bk (Princeton) 02030105090090
Millstone R (Rt. 1 to Cranbury Bk) 02030105100140
Millstone R (Heathcote Bk to Harrison St.) 02030105110020
0.053 Annual average Gordon Pond (Middlesex County) Devils Brook 02030105100110
0.040 Annual average Grovers Mill Pond (Mercer County) Bear Brook (below Trenton Road) 02030105100130
0.059 Annual average Peddie Lake (Mercer County) Rocky Brook (below Monmouth Co line) 02030105100050
0.043 Annual average Plainsboro Pond (Middlesex County) Cranbury Brook (below NJ Turnpike) 02030105100090

(A) In accordance with the Amendment to the Lower Raritan/Middlesex, Mercer County, Monmouth County, Northeast, Upper Delaware and Upper Raritan Water Quality Management Plans; Total Maximum Daily Load Report for the Non-Tidal Raritan River Basin Addressing Total Phosphorus, Dissolved Oxygen, pH and Total Suspended Solids Impairments Watershed Management Areas 8, 9 and 10; adopted May 24, 2016 at 48 N.J.R. 1321(a)). The TMDL Report may be downloaded at https://www.nj.gov/dep/wms/bears/docs/raritan_tmdl_adopted.pdf.

Page 44

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

3.

Substance Criteria Duration Waterbody Associated HUC14 Name Associated HUC14 Number
Chlorophyll a (μg/L)^{(B)} 20 Seasonal average (June 15^{th} to September 1^{st}) Dundee Lake Passaic R Lwr (Dundee Dam to F.L. Ave) 02030103120080
10 Seasonal average (June 15^{th} to September 1^{st}) Wanaque Lake Wanaque Reservoir (below Monks gage) 02030103070050

(B) Chlorophyll $a$ is a watershed-specific translator applicable for the lakes identified above where the total phosphorus criterion of $0.1 \, \mathrm{mg/L}$ does not apply to the upstream waterbodies identified in Table (i) below in accordance with the Amendment to the Northeast, Upper Raritan, Sussex County and Upper Delaware Water Quality Management Plans; Total Maximum Daily Load Report for the Non-Tidal Passaic River Basin Addressing Phosphorus Impairments. Watershed Management Areas 3, 4 and 6; adopted April 24, 2008 at 40 N.J.R. 2574(b)). The TMDL Report may be downloaded at https://www.nj.gov/dep/wms/bears/docs/passaic_tmdl.pdf.

i. The total phosphorus criterion of $0.1\mathrm{mg / L}$ at N.J.A.C. 7:9B-1.14(d)4ii(1) does not apply to the following waterbodies:

Waterbody Associated HUC14 Name Associated HUC14 Number
Passaic River from source to Dundee Lake Dam, including all named and unnamed tributaries Passaic R Upr (above Osborn Mills) 02030103010010
Passaic R Upr (Dead R to Osborn Mills) 02030103010070
Passaic R Upr (Plainfield Rd to Dead R) 02030103010110
Passaic R Upr (Snyder to Plainfield Rd) 02030103010120
Passaic R Upr (40d 45m to Snyder Ave) 02030103010130
Passaic R Upr (Columbia Rd to 40d 45m) 02030103010150
Passaic R Upr (Hanover RR to Columbia Rd) 02030103010160
Passaic R Upr (Rockaway to Hanover RR) 02030103010170
Passaic R Upr (Pine Bk br to Rockaway) 02030103010180
Passaic R Upr (Pompton R to Pine Bk) 02030103040010
Passaic R Lwr (pump stn to Pompton R) 02030103120100
Passaic R Lwr (Goffle Bk to pump stn) 02030103120110
Passaic R Lwr (Fair Lawn Ave to Goffle) 02030103120070
Passaic R Lwr (Dundee Dam to F.L. Ave) 02030103120080
High Mountain Brook, entire length Meadow Brook/High Mountain Brook 02030103070060
Meadow Brook, entire length Meadow Brook/High Mountain Brook 02030103070060
Wanaque River from Wanaque Reservoir dam to Pequannock River including all named and unnamed tributaries Meadow Brook/High Mountain Brook 02030103070060
Wanaque R/Posts Bk (below reservoir) 02030103070070
Posts Brook including all named and unnamed tributaries Wanaque R/Posts Bk (below reservoir) 02030103070070

Page 45

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

Ramapo River from Pompton Lake to Pompton River including all named and unnamed tributaries Ramapo R (below Crystal Lake bridge) P 02030103100070 P
Pompton River from confluence with Pequannock River to Passaic River, including all named and unnamed all tributaries Pequannock R (below Macopin gage) P 02030103050080 P
Pompton River 02030103110020
Beaver Brook including all named and unnamed all tributaries Lincoln Park trips (Pompton River) 02030103110010
Preakness (Singac) Brook, entire length Preakness Brook / Naachtpunkt Brook 02030103120030
Goffle Brook, entire length Goffle Brook 02030103120050
Molly Ann Brook, entire length Molly Ann Brook 02030103120040
Deepavaal Brook, entire length Deepavaal Brook 02030103120060
Peckman River, entire length Peckman River (above CG Res trip) 02030103120010
Peckman River (below CG Res trip) 02030103120020
Canoe Brook, entire length Canoe Brook 02030103010140
Slough Brook, entire length Slough Brook 02030103010190
Crooked Brook including all named and unnamed all tributaries Montville trips. 02030103030160
Rockaway River, from downstream boundary of Jersey City (Boonton) Reservoir to Passaic River including all named and unnamed tributaries Rockaway R (Passaic R to Boonton dam) 02030103030170
Whippany River from Washington Valley Road to Passaic River including all named and unnamed all tributaries Greystone / Watnong Mtn trips 02030103020030
Whippany R (Lk Pocahontas to Wash Val Rd) 02030103020040
Whippany R (Malapardis to Lk Pocahontas) 02030103020050
Whippany R (Rockaway R to Malapardis Bk) 02030103020100
Dead River, entire length Dead River (above Harrisons Brook) 02030103010080
Dead River (below Harrisons Brook) 02030103010100
Harrisons Brook, entire length Harrisons Brook 02030103010090
Primrose Brook, entire length Primrose Brook 02030103010020
Loantaka Brook, entire length Loantaka Brook 02030103010040
Great Brook including all named and unnamed all tributaries Great Brook (above Green Village Rd) 02030103010030
Great Brook (below Green Village Rd) 02030103010050
Malapardis Brook, entire length Malapardis Brook 02030103020060
Black Brook, entire length Black Brook (Hanover) 02030103020070
Black Brook including all named and unnamed all tributaries Black Brook (Great Swamp NWR) 02030103010060
Troy Brook including all named and unnamed tributaries Troy Brook (above Reynolds Ave) 02030103020080
Troy Brook (below Reynolds Ave) 02030103020090

P Partial HUC14

Page 46

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

(h) Surface water quality criteria for waters under the jurisdiction of the DRBC:

  1. Mainstem Delaware River and Delaware Bay: i. For parameters with criteria in the DRBC Water Quality Regulations, the criteria contained therein are the applicable criteria. ii. For parameters without criteria in the DRBC Water Quality Regulations, the criteria at (c) above are the applicable criteria and shall be applied as follows: (1) Criteria applicable to FW2-NT waters apply where salinities are less than or equal to 3.5 parts per thousand (ppt) at mean high tide; (2) Criteria applicable to SE waters apply where salinities are greater than 3.5 ppt at mean high tide; and (3) Where salinities vary from 3.5 ppt or less, to greater than 3.5 ppt, at mean high tide, the more stringent of the FW2-NT or SE criteria apply.

  2. Tributaries to the mainstem Delaware River and Delaware Bay: i. The applicable criteria are those contained in the DRBC Water Quality Regulations; or ii. The criteria at (c) above, whichever are more stringent.

  3. For all waters under the jurisdiction of the DRBC where criteria are not established in the DRBC Water Quality Regulations, or at (c) above, the Department shall use criteria based upon the best available scientific information, in accordance with (d)1ii above and N.J.A.C. 7:9B-1.5(c)5, to establish water quality-based effluent limitations.

7:9B-1.15 Surface water classifications for the waters of the State of New Jersey

(a) This section contains the surface water classifications for the waters of the State of New Jersey. Surface water classifications are presented in tabular form. Subsections (c) through (i) contain surface water classifications by major drainage basin. Subsection (j) lists FW1 waters by tract within basins and subsection (k) identifies the Outstanding National Resource Waters of the State. Interstate waters of the mainstem Delaware River are under the jurisdiction of the DRBC and the designations are contained in the DRBC Water Quality Regulations.

(b) The following are instructions for the use of N.J.A.C. 7:9B-1.15(c) through (j) respectively:

  1. The surface water classification subsections give the surface water classifications and antidegradation designations for waters of the State.
  2. Within each basin the waters are listed alphabetically and segment descriptions begin at the headwaters and proceed downstream.
  3. To find a stream: i. Determine which major drainage basin the stream is in; ii. Look for the name of the stream in the appropriate table and find the classification; iii. For unnamed or unlisted streams, find the stream or other waterbody that the stream of interest flows into and look for the classification of that stream or waterbody. The classification of the stream of interest may then be determined by referring to (b)5 below. If the second stream or waterbody is

Page 47

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

also unlisted, repeat the process until a listed stream or waterbody is found. Use (b)5iv below to classify streams entering unlisted lakes.

  1. To find a lake or other non-stream waterbody: i. Determine which major drainage basin the waterbody is in; ii. Look for the waterbody name in the appropriate table; iii. If the waterbody is not listed, use (b)5ii, 5iii, 5vi, and 5vii below to determine the appropriate classification.

  2. To find waterways or waterbodies not listed at N.J.A.C. 7:9B-1.15(c) through (i), use the following instructions: i. Unnamed or unlisted freshwater streams that flow into streams classified as FW2-TP, FW2-TM, or FW2-NT take the classification of the classified stream they enter, unless the unlisted stream is a PL water which is covered in (b)5vii below. If the stream could be a C1 water, see (b)5vi below. ii. All freshwater lakes, ponds and reservoirs that are five or more acres in surface area, that are not located entirely within the Pinelands Area boundaries (see (b)5vii below) and that are not specifically listed as FW2-TP or FW2-TM are classified as FW2-NT. This includes lakes, ponds and reservoirs on segments of streams which are classified as FW2-TM or FW2-TP such as Saxton Lake on the Musconetcong River. If the waterbody could be a C1 water, also check (b)5vi below. iii. All freshwater lakes, ponds and reservoirs, that are less than five acres in surface area, upstream of and contiguous with FW2-TP or FW2-TM streams, and which are not located entirely within the Pinelands Area boundaries (see(b)5vii below) are classified as FW2-TM. All other freshwater lakes, ponds and reservoirs that are not otherwise classified in this subsection or the following tables are classified as FW2-NT. If the waterbody could be a C1 water, also check (b)5vi below. iv. Unnamed or unlisted streams that enter FW2 lakes, ponds and reservoirs take the classification of either the listed tributary stream flowing into the lake with the highest classification or the listed tributary stream leaving the lake with the highest classification, whichever has the highest classification, or, if there are no listed tributary or outlet streams to the lake, the first listed stream downstream of the lake. If the stream is located within the boundaries of the Pinelands Area, see (b)5.vii. below; if it could be a C1 water, also see (b)5vi below. v. Unlisted saline waterways and waterbodies are classified as SE1 in the Atlantic Coastal Basin. Unlisted saline waterways which enter SE2 or SE3 waters in the Passaic, Hackensack and New York Harbor Complex basin are classified as SE2 unless otherwise classified in (f) below. Freshwater portions of unlisted streams entering SE1, SE2, or SE3 waters are classified as FW2-NT. This only applies to waters that are not PL waters (see (b)5vii below). If the waterbody or waterway could be a C1 water, also see (b)5vi below. vi. All waterbodies that have been designated by the Department as Category One are specifically listed in 1.15(c) through (i). vii. All waterways or waterbodies, or portions of waterways or waterbodies, that are located within the boundaries of the Pinelands Area established at N.J.S.A. 13:18A-11a are classified as PL unless they are listed as FW1 waters

43

Page 48

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

in (j) below. A tributary entering a PL stream is classified as PL only for those portions of the tributary that are within the Pinelands Area. Lakes are classified as PL only if they are located entirely within the Pinelands Area.

  1. The following 10 classifications are used for the sole purpose of identifying the water quality classification of the waters listed in the tables in (c) through (j) below:

i. "FW1" means those fresh waters, as designated in N.J.A.C. 7:9B-1.15(j), and as defined at N.J.A.C. 7:9B-1.4. ii. "FW2-TP" means FW2 trout production. iii. "FW2-TM" means FW2 trout maintenance. iv. "FW2-NT" means FW2 non trout. v. "PL" means Pinelands Waters. vi. "SE1" means saline estuarine waters whose designated uses are listed in N.J.A.C. 7:9B-1.12(d). vii. "SE2" means saline estuarine waters whose designated uses are listed in N.J.A.C. 7:9B-1.12(e). viii. "SE3" means saline estuarine waters whose designated uses are listed in N.J.A.C. 7:9B-1.12(f). ix. "SC" means the general surface water classification applied to saline coastal waters. x. FW2-NT/SE1 (or a similar designation that combines two classifications) means a waterway in which there may be a salt water/fresh water interface. The exact point of demarcation between the fresh and saline waters must be determined by salinity measurements and is that point where the salinity reaches 3.5 parts per thousand at mean high tide. The stream is classified as FW2-NT in the fresh portions (salinity less than or equal to 3.5 parts per thousand at mean high tide) and SE1 in the saline portions.

  1. The following water quality designations are used in (c) through (i), respectively, below:

i. "(C1)" means Category One waters; ii. "(tp)" indicates trout production in waters which are classified as FW1. This is for information only and does not affect the water quality criteria for those waters; iii. "(tm)" indicates trout maintenance in waters which are classified as PL or FW1. For FW1 waters this is for information only and does not affect the water quality criteria for those waters.

Page 49

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

(c) The following surface water classifications are for waters of the Atlantic Coastal Basin:

Waterbody Classification
ABRAMS CREEK
(Marmora) - Entire length, except portion outside the boundaries of the MacNamara Wildlife Management Area FW2-NT/SE1(C1)
(Griscom) - Portions of the Creek and tributaries outside of the MacNamara Wildlife Management Area FW2-NT/SE1
ABSECON BAY (Absecon) - All waters within Absecon Wildlife Management Area SE1(C1)
ABSECON CREEK
(Egg Harbor) - North and South Branches from their origins downstream to the boundary of the Pinelands Protection and Preservation Area PL
(Absecon) - Boundary of the Pinelands Protection and Preservation Area to Mill Road Dam FW2-NT
(Absecon) - Mill Road Dam to Absecon Bay, except portions within Absecon Wildlife Management Area SE1
ARNOLD POND (Barnegat) FW2-NT/SE1(C1)
ATLANTIC OCEAN
(Offshore) - Waters from the shoreline out to the three mile limit, except areas described below SC
(Beach Haven) - Waters of the Atlantic Ocean out to the State's three mile limit from Beach Haven Inlet to Cape May Point, excluding waters classified as Prohibited in accordance with N.J.A.C. 7:12 SC(C1)
TRIBUTARIES, ATLANTIC OCEAN
(New Jersey Coast) - All those streams or segments of streams that flow directly into the Atlantic Ocean or into back bays of the Ocean which are not included elsewhere in this list, are not within the boundaries of the Pinelands Protection or Preservation Areas FW2-NT/SE1
(Pinelands) - All streams or segments of streams which flow directly into the Atlantic Ocean or into back bays of the Ocean, are within the boundaries of the Pinelands Protection and Preservation Areas and are not classified as FW1 in this Table PL
(New Jersey Coast) - All streams or segments of streams which flow directly into the Atlantic Ocean or into back bays of the Ocean, are not trout maintenance waters, and are not classified as FW1 in this Table FW2-NT/SE1(C1)
BABCOCK CREEK (Marmora) - Entire length FW2-NT/SE1(C1)
BALLANGER CREEK

Page 50

(New Gretna) - Source to Pollys Ditch (New Gretna) - Pollys Ditch to Bay BANKS CREEK (Marmora) - Entire length BARNEGAT BAY (Barnegat National Wildlife Refuge) - All waters within the boundaries of the Barnegat National Wildlife Refuge (Barnegat Bay) - All waters of the Bay (Island Beach State Park) - All freshwater ponds within the boundaries of Island Beach State Park (Island Beach State Park) - All waters in the Park, not classified as FW1 above BARNEGAT BAY TRIBUTARIES - See ATLANTIC OCEAN, TRIBUTARIES BASS RIVER (Oswego Lake) - Source to Pineland Protection and Preservation Area boundary at the Garden State Parkway, except those branches described separately below (New Gretna) - Pineland Protection and Preservation Area boundary to the boundary of shellfish waters (New Gretna) - Boundary of shellfish waters to Mullica River (Bass River State Forest) - Tommy's Branch from its headwaters to the Bass River State Forest Recreation Area service road (Bass River State Forest) - Falkenburg Branch of Lake Absegami from its headwaters to the Lake BATSTO RIVER (Browns Mills) - Entire length, except waters described separately below (Wharton) - Skit Branch and tributaries from their headwaters to the confluence with Robert's Branch (Wharton) - The easterly branches of the Batsto River from Batsto Village upstream to the confluence with Skits Branch BEACH THOROFARE (Margate) - Entire length BEAR SWAMP BROOK (Howell)- Entire Length BIG ELDER CREEK (Sea Isle City) - Segment within the boundaries of Cape May Coastal Wetlands Wildlife Management Area (Sea Isle City) - Segment outside the boundaries of Cape May Coastal Wetlands Wildlife Management Area BIG GRAVELING CREEK (Great Bay) - Entire length BIG GREAVES CREEK

Page 51

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

(MacNamara) - Segment of the Creek outside the boundaries of MacNamara Wildlife Management Area SE1

(MacNamara) - Creek and tributaries within the boundaries of MacNamara Wildlife Management Area SE1(C1)

BIG THOROFARE (Tuckerton) - Source to boundary of Great Bay Blvd. Wildlife Management Area SE1 (Tuckerton) - Segment within the boundaries of Great Bay Blvd. Wildlife Management Area SE1(C1)

BLUEFISH BROTHERS (Stone Harbor) - Entire length SE1(C1)

BLUEFISH CREEK (Stone Harbor) - Entire length SE1(C1)

BOG BRANCH CREEK (Middletown) - Entire length, except portions within the Pinelands Protection and Preservation Area SE1(C1) (Middletown) - Portions within the Pinelands Protection and Preservation Area PL

BRIGANTINE (Edwin B. Forsythe National Wildlife Refuge) - All waters within the boundaries of the Edwin B. Forsythe National Wildlife Refuge, except portions of Cedar Creek and Cedar Run FW2-NT/SE1(C1)

BRISBANE LAKE (Allaire State Park) - The Lake and its tributaries FW2-NT(C1)

BROAD CREEK (New Gretna) - Entire length SE1(C1)

BROAD THOROFARE (Longport) - South of Rt. 152 SE1 (Longport) - North of Rt. 152 SE1(C1)

BROTHERS CREEK (Burleigh) - Entire length SE1(C1)

CAPE MAY COASTAL WETLANDS WILDLIFE MANAGEMENT AREA (Strathmere) - All waters within the boundaries of Cape May Coastal Wetlands Wildlife Management Area FW2-NT/SE1(C1)

CABBAGE THOROFARE (Great Bay) - Entire length SE1(C1)

CEDAR BRIDGE BRANCH (Lakewood) - Entire length FW2-NT

CEDAR CREEK (Manahawkin) - Source to boundaries of the Manahawkin Wildlife Management Area FW2-NT/SE1 (Manahawkin) - Creek and tributaries within the boundaries of the Manahawkin Wildlife Management Area FW2-NT/SE1(C1)

CEDAR CREEK (Cedar Crest) - Source to the boundaries of the Pinelands Protection and Preservation Area at the Garden State Parkway, except branches described separately below PL

(Berkeley) - Garden State Parkway to US Highway 9, except portions within Edwin B. Forsythe National Wildlife Refuge FW2-NT

(Berkeley) - Portions within Edwin B. Forsythe National Wildlife Refuge FW2-NT(C1)

Page 52

(Berkeley) - US Highway 9 to Barnegat Bay, except portions within Edwin B. Forsythe National Wildlife Refuge FW2-NT/SE1 (Greenwood Forest) - Webbs Mill Branch and tributaries located entirely within the boundaries of Greenwood Forest Wildlife Management Area FW1 (Greenwood Forest) - Chamberlain's Branch from its origins to a point 1000 feet west of Route 539 FW1 (Greenwood Forest) - Those portions of the tributaries to Chamberlain's Branch originating and wholly contained within the boundaries of the Greenwood Forest Wildlife Management Area FW1

CEDAR HAMMOCKS CREEK (English Creek Landing) - Entire length SE1(C1)

CEDAR RUN (Stafford) - Source to the boundaries of the Pinelands Protection and Preservation Area at the Garden State Parkway PL (Cedar Run) - Garden State Parkway to US Highway 9, except portions within Edwin B. Forsythe National Wildlife Refuge FW2-NT (Cedar Run) - portions within Edwin B. Forsythe National Wildlife Refuge upstream of US Highway 9 FW2-NT(C1) (Cedar Run) - US Highway 9 to the boundaries of the Barnegat National Wildlife Refuge, except portions within Edwin B. Forsythe National Wildlife Refuge FW2-NT/SE1 (Cedar Run) - portions within Edwin B. Forsythe National Wildlife Refuge downstream of US Highway 9 FW2-NT/SE1(C1) (Barnegat) - National Wildlife Refuge boundaries to Barnegat Bay FW2-NT/SE1(C1)

CEDAR SWAMP CREEK (Cedar Spring) - Entire length, except segment described separately below FW2-NT/SE1 (Marmora) - Creek and tributaries within the boundaries of the MacNamara Wildlife Management Area FW2-NT/SE1(C1)

CHAMBERLAIN BRANCH - See CEDAR CREEK CHANNEL CREEK (Barnegat Bay) - Entire length SE1(C1) CHARLEY CREEK (Marmora) - Entire length FW2-NT/SE1(C1) CLEAR STREAM (JACKSON) - Entire length FW2-TM(C1) COLLINS TIDE PONDS (Barnegat) FW2-NT/SE1(C1) COMMANDO CREEK (Marmora) - Entire length SE1(C1) CRANBERRY BROOK (Monmouth) - Entire length FW2-NT/SE1

DAVENPORT BROOK (Berkeley) - Source to the boundaries of the Pinelands Protection and Preservation Area at the Penn Central railroad tracks PL (Toms River) - Railroad tracks to confluence with Wrangel Brook FW2-NT

48

Page 53

DEEP CREEK (Herbertsville) - Entire length FW2-NT

DEEP RUN (Wharton) - Run and tributaries from their sources to Springer's Brook FW1

DICKS BROOK (Larrabee's Crossing) - Entire length FW2-NT(C1)

DINNER POINT CREEK (Staffordsville) - Entire length SE1(C1)

DOCK THOROFARE (Northfield) - Entire length SE1(C1)

DOUGHTY RESERVOIR (Atlantic city) FW2-NT(C1)

DOVE MILL BRANCH - See TOMS RIVER

EDWARD CREEK (Ocean City) - Source to the boundary of Cape May Coastal Wetlands Wildlife Management Area SE1 (Ocean City) - Boundary of Cape May Coastal Wetlands Wildlife Management Area to Horn Creek SE1(C1)

FALKENBURG BRANCH - See BASS RIVER

FLAT CREEK (Marmora) - Entire length FW2-NT/SE1(C1)

FLATTERAS CREEK (Beach Haven Heights) - Entire length SE1(C1)

FORKED RIVER (Lacey) - River and branches from their sources to the boundaries of the Pinelands Protection and Preservation Area at the Garden State Parkway PL (Forked River) - Garden State Parkway to Barnegat Bay FW2-NT/SE1

FORTESCUE (Fortescue) - All waters within the Fortescue Wildlife Management Area FW2-NT/SE1(C1)

GIBSON CREEK (Gibson Landing) - Entire length, except segment described below PL (Marmora) - Segment and tributaries within the MacNamara Wildlife Management Area FW2-NT/SE1(C1)

GLENDOLA RESERVOIR (Glendola) FW2-NT(C1)

GO THROUGH CREEK (Burleigh) - Entire length, outside the boundaries of the Cape May Coastal Wetlands Wildlife Management Area SE1 (Burleigh) - Segment within the boundaries of the Cape May Coastal Wetlands Wildlife Management Area SE1(C1)

GOING THROUGH CREEK (English Creek Landing) SE1(C1)

GREAT BAY (Brigantine) - All waters of the Bay and all natural waterways which are tributary to the Bay and all waters, including both natural and manmade channels and ponds within the boundaries of the Edwin B. Forsythe National Wildlife Refuge and the Great Bay Wildlife Management Area FW2-NT/SE1(C1)

GREAT EGG HARBOR RIVER (Berlin) - Source to confluence with Tinker Branch FW2-NT (Berlin) - Tinker Branch, the River from its confluence with Tinker Branch, and all tributaries within the Pinelands Protection and Preservation Area, 49

Page 54

downstream to the boundary at the Rt. 40 bridge in Mays Landing PL

(Winslow) - All tributaries or segments of tributaries outside of the boundaries of the Pinelands Protection and Preservation Area, downstream to Rt. 40 at Mays Landing FW2-NT

(Mays Landing) - Rt. 40 bridge to Great Egg Harbor, except those tributaries described separately below SE1

(Mays Landing) - All tributaries or segments of tributaries within the boundaries of the Pinelands Protection and Preservation Areas PL

(Egg Harbor) - Tributaries and all other waters within MacNamara Wildlife Management Area, except tributary described below FW2-NT/SE1(C1)

(Tuckahoe) - Hawkins Creek and the stream adjacent to and north of Hawkin's Creek, and their tributaries, from their origins to the point where the influence of impoundment begins FW1

GREAT SOUND (Avalon) - All waters within Great Sound State Park SE1(C1)

GREAT THOROFARE (Ventnor) - West of Rt. 40 SE1(C1) (Ventnor) - East of Rt. 40 SE1

GRISCOM CREEK (Gibson Landing) - Entire length FW2-NT/SE1(C1)

GUNNING RIVER (Barnegat) - Entire length, except segment described below FW2-NT/SE1 (Barnegat) - Stream and tributaries within the boundaries of Barnegat National Wildlife Refuge FW2-NT/SE1(C1)

HALFWAY CREEK (Middletown) - Source to the boundary of the MacNamara Wildlife Management Area FW2-NT/SE1 (MacNamara) - Creek and tributaries within the boundaries of the MacNamara Wildlife Management Area SE1(C1)

HARRY POND (Barnegat) FW2-NT/SE1(C1) SE1(C1)

HATFIELD CREEK (Beach Haven Heights) - Entire length FW2-NT/SE1(C1)

HAWKINS CREEK (Tuckahoe) - Source to the point where the influence of impoundment begins FW1 (Tuckahoe) - Downstream of the influence of impoundment SE1(C1)

HAY STACK BROOK (Howell) - Entire length FW2-NT(C1) HOSPITALITY CREEK (Longport) - Entire length SE1(C1) JACOVY CREEK (Stone Harbor) - Entire length SE1(C1)

JAKES BRANCH (Berkeley) - Source to the boundaries of the Pinelands Protection and Preservation Area at the Garden State Parkway PL (Beachwood) - Garden State Parkway to Toms River FW2-NT/SE1

50

Page 55

JAY CREEK SE1(C1) JIMMIES CREEK (Great Bay) - Source to the boundary of Great Bay Wildlife Management Area SE1(C1) (Parkers Landing) - Segments of the Creek outside the boundaries of Great Bay Wildlife Management Area SE1 JOSH CREEK (Stone Harbor) - Entire length SE1(C1) JUDIES CREEK (Great Bay) - Source to widening of creek SE1 (Great Bay) - Widening of creek to mouth SE1(C1) JUMPING BROOK (Neptune) - Entire length FW2-NT/SE1 KNOLL POND (Barnegat) FW2-NT/SE1(C1) LAKES BAY (Ventnor) SE1(C1) LAKES CHANNEL (Ventnor) - Entire length SE1(C1) LITTLE GREAVES CREEK (MacNamara) - Entire length SE1(C1) LITTLE SCOTCH BONNET (Stone Harbor) - Entire length, outside the boundaries of Cape May Coastal Wetlands Wildlife Management Area SE1 (Stone Harbor) - Segment within the boundaries of Cape May Coastal Wetlands Wildlife Management Area SE1(C1) LITTLE THOROFARE (Tuckerton) - Entire length SE1(C1) LONG BROOK (JACKSON) - Entire length PL LONG POINT CREEK (Marmora) - Entire length FW2-NT/SE1(C1) LONG SWAMP BROOK (Squankum) - Entire length FW2-NT(C1) LOWER LONG REACH (Stone Harbor) - Entire length SE1(C1) LUDLAM CREEK (Marmora) - Entire length SE1(C1) MAIN MARSH CREEK (Brigantine) - Entire length SE1(C1) MANAHAWKIN CREEK (Manahawkin) - Source to the boundaries of Manahawkin Wildlife Management Area FW2-NT/SE1 (Manahawkin) - Within the boundaries of the Wildlife Management Area FW2-NT/SE1(C1) MANASQUAN RESERVOIR (Oak Glen) FW2-NT(C1) TRIBUTARIES (Oak Glen) - All tributaries upstream of Manasquan Reservoir from source to the Reservoir FW2-NT(C1) MANASQUAN RIVER MAIN STEM (Freehold) - Source to Rt. 9 bridge, except tributaries described separately under Tributaries, below FW2-NT (Howell) - Rt. 9 bridge to the West Farms Road Bridge in Howell Township, except tributaries described separately under Tributaries, below FW2-TM (Howell) - West Farms Road Bridge in Howell Township to the downstream boundary of Manasquan River

51

Page 56

Wildlife Management Area, except tributaries described separately FW2-TM(C1) (Brick) - Downstream boundary of Manasquan River Wildlife Management Area to surf waters SE1

TRIBUTARIES, MANASQUAN RIVER (FW2-NT) (Adelphia) - Entire length (Wilair e) - Those portions of the first and second southerly tributaries west of the Hospital Rd. which are located entirely within the boundaries of Allaire State Park FW1(tm) (Mill Run) - Entire length of Mill Run, including Brisbane Lake and its tributaries, except easterly tributary to Mill Run described as FW1 below FW2-NT(C1) (Allaire State Park) - The easterly tributary to Mill Run upstream of Brisbane Lake, located entirely within the Allaire State Park boundaries FW1 (Freehold) - Tributaries within the boundaries of Turkey Swamp Wildlife Management Area FW2-NT(C1)

MARSH BOG BROOK (Farmingdale) - Entire length FW2-NT(C1) MASONS CREEK (Marmora) - Entire length SE1(C1) MCNEALS BRANCH - See TUCKAHOE RIVER

METEDECONK RIVER SOUTH BRANCH (Lakewood) - Entire length, including all tributaries FW2-NT(C1)

NORTH BRANCH METEDECONK RIVER (Freehold) - Source to Aldrich Rd., including all tributaries FW2-NT(C1) (Lakewood) - Aldrich Rd. to Lanes Mills, except Haystack Brook listed separately FW2-TM(C1) (Brick) - Lanes Mills to confluence with Metedeconk River, South Branch, including the westerly tributary FW2-NT(C1)

MAIN STEM METEDECONK RIVER (Brick) - Confluence of North and South branches to Forge Pond FW2-NT(C1) (Brick) - Forge Pond to Barnegat Bay FW2-NT/SE1

MIDDLE RIVER (Tuckahoe) - Entire length, except the segment described below FW2-NT/SE1 (Middletown) - Segment within the boundaries of MacNamara Wildlife Management Area FW2-NT/SE1(C1) MILE THOROFARE (Brigantine) - Entire length SE1(C1) MILL RUN (Allaire) - See BRISBANE LAKE

MINGAMAHONE BROOK MAINSTEM (Farmingdale) - Entire length, except East Branch described separately below FW2-TM(C1) EAST BRANCH

52

Page 57

(Farmingdale) - Source to confluence with mainstem north of Farmingdale FW2-NT(C1)

MIREY RUN (MacNamara) – Entire length, outside the boundaries of Pinelands Protection and Preservation Area FW2-NT/SE1(C1) (MacNamara) – Portion of the Run within the boundaries of the Pinelands Protection and Preservation Area PL

MIRY RUN (Thelma) – Source to boundaries of the Pinelands Protection and Preservation Area PL (Catowba) – Boundaries of the Pinelands Protection and Preservation Area to Thelma Ave. FW2-NT (Catowba) – Thelma Ave. to Great Egg Harbor River FW2-NT/SE1 MOTT CREEK (Brigantine) - Entire length SE1(C1) MUD CREEK (MacNamara) - Entire length SE1(C1) MUDDY FORD BROOK (Larrabee's Crossing) - Entire length FW2-TM(C1) MULBERRY THOROFARE (Northfield) - Entire length SE1(C1)

MULLICA RIVER (Berlin) - Source to Pinelands Protection and Preservation Area boundaries at the Garden State Parkway, except branches and tributaries described below PL (Wharton) - Stream in the southeasterly corner of the Wharton State Forest located between Ridge Rd. and Seaf Weeks Rd., downstream to the boundaries of the Wharton State Forest FW1 (Wharton) - Gun Branch from its headwaters to US Rt. 206 FW1 (New Gretna) - River and tributaries from the Pinelands Protection and Preservation Area boundary to Great Bay SE1(C1) (Wharton) - Brooks and tributaries between and immediately to the west of Tylertown and Crowleytown, from their headwaters to the head of tide at mean high water FW1 NARROWS CREEK (Middletown) - Entire length SE1(C1) NORTH CHANNEL POND (Stone Harbor) FW2-NT/SE1(C1) OLDMAN CREEK (Stone Harbor) - Entire length SE1(C1)

OLD ROBINS BRANCH (North Dennis) – Source to Pinelands Area boundary PL (North Dennis) – Pinelands Area boundary to Dennis Creek FW2-NT/SE1(C1) OTTER CREEK (Middletown) - Entire length SE1(C1)

OYSTER CREEK (Brookville) - Source to the boundaries of the Pinelands Protection and Preservation Area at the Garden State Parkway PL (Forked River) - Garden State Parkway to Barnegat Bay FW2-NT/SE1 OYSTER CREEK (Great Bay) - Entire length SE1(C1) REEVY BRANCH - See SHARK RIVER

53

Page 58

RING ISLAND CREEK (Stone Harbor) - Entire length SE1(C1) RISLEY CHANNEL (Margate) - Entire length SE1(C1) ROUNDABOUT CREEK (New Gretna) - Entire length SE1(C1) SALT CREEK (Stone Harbor) - Entire length SE1(C1) SCULL BAY (Linwood) SE1(C1) SEDGE CREEK (MacNamara) - Entire length SE1(C1) SHARK CREEK (Stone Harbor) - Entire length SE1(C1) SHARK RIVER (See also SHARK RIVER BROOK) (Glendola) - Remsen Mill Road to Atlantic Ocean SE1 SHARK RIVER BROOK (See also SHARK RIVER) (Colts Neck) - Source to Rt. 33, including all tributaries FW2-NT(C1) (Neptune) - Rt. 33 to Remsen Mill Road, including all tributaries, except Reevy Branch designated otherwise REEVY BRANCH (Reevytown) - Source to confluence with Shark River Brook, including all tributaries FW2-NT(C1) SHELL THOROFARE (Wildwood Gables) - Entire length SE1(C1) SHELTER ISLAND BAY (Margate) SE1(C1) SHELTER ISLAND WATERS (Margate) - Entire length SE1(C1) SKIT BRANCH - See BATSTO RIVER SOD THOROFARE (Linwood) - Entire length SE1(C1) SOUTHEAST CREEK (Stone Harbor) - Entire length SE1(C1) SQUANKUM BROOK (Squankum) - Entire length FW2-NT(C1) STEELMAN BAY (Somers Point) SE1(C1) SWAN POND (Marmora) FW2-NT/SE1(C1) SWAN POND RACE (Marmora) - Entire length FW2-NT/SE1(C1) TAUGH CREEK (Whitesboro) - Entire length, within the boundaries of Cape May Coastal Wetlands Wildlife Management Area SE1(C1) (Whitesboro) - Portions outside the boundaries of Cape May Coastal Wetlands Wildlife Management Area SE1 TIMBER SWAMP BROOK (Oak Glen) - Manasquan Reservoir dam to its confluence with the Manasquan River FW2-NT(C1) TINKER BRANCH - See GREAT EGG HARBOR RIVER TITMOUSE BROOK (Howell) - Entire length FW2-TM(C1) TOMMYS BRANCH - See BASS RIVER TOMS RIVER MAIN STEM (Holmeson) - Source to Cassville Road bridge except those tributaries described separately under Tributaries below FW2-NT (Cassville) - Cassville Road bridge to the Route 528 bridge, including all tributaries FW2-NT(C1) (Whitesville) - Route 528 bridge to Pinelands Protection and Preservation Area boundaries at the NJ Central

54

Page 59

Railroad tracks, except tributaries described separately, under Tributaries below

(Manchester) - NJ Central Railroad tracks to the Route 571 bridge, except tributaries described separately, under Tributaries below

(Toms River) - Route 571 bridge to the Route 37 bridge, except tributaries described separately, under Tributaries below

(Toms River) - Route 37 bridge to Barnegat Bay, except tributaries described separately, under Tributaries below

(Holmeson) - Tributaries within the boundaries of the Pinelands Protection and Preservation Area

(West of Pleasant Grove) - Source to the Pinelands Protection and Preservation Area boundary, including all tributaries

(Toms River) - All tributaries within the boundaries of the Pinelands Protection and Preservation Area

(Archer's Corners) - All tributaries outside the boundaries of the Pinelands Protection Area and within the boundaries of Colliers Mills Wildlife Management Area

(Van Hiseville) - Source to Bunker Hill Lake, including all tributaries

(Whiting) - Source to Green Branch, including all tributaries but not including Green Branch and portions within the boundaries of the Pinelands Protection and Preservation Area

(Manchester) - Green Branch to the confluence with Davenport Branch, except portions within the boundaries of the Pinelands Protection and Preservation Area

(Berkeley) - Davenport Branch to Toms River, except portions within the boundaries of the Pinelands Protection and Preservation Area

(Milmay) - Source to Pinelands Protection and Preservation Area boundary at Rt. 49

(Head of River) - McNeals Branch and the River within the boundaries of the Peaselee Wildlife Management Area, except tributaries within the boundaries of the

PL(tm)

FW2-TM(C1)

FW2-NT(C1)

FW2-NT/SE1

PL

FW2-TM(C1)

PL

FW2-NT(C1)

PL

FW2-NT(C1)

FW2-NT

FW2-NT/SE1

PL

Page 60

Pinelands Protection and Preservation Area, described separately below FW2-NT/SE1(C1) (Head of River) - Tributaries within the Pinelands Protection and Preservation Area boundaries PL (Tuckahoe) - Edge of Fish and Wildlife Management Area at confluence with Warners Mill Stream to Great Egg Harbor, except segment described separately below FW2-NT/SE1(C1) (Tuckahoe) - River, tributaries and all other waters within boundaries of the MacNamara Wildlife Management Area FW2-NT/SE1(C1)

TUCKERTON CREEK (Tuckerton) - Source to Pinelands Area boundary PL (Tuckerton) - Pinelands Area boundary to Pohatcong Lake, including all tributaries FW2-NT/SE1(C1) (Tuckerton) - Pohatcong Lake to Little Egg Harbor FW2-NT/SE1

TULPEHOCKEN CREEK (Wharton) - Creek and tributaries from their origin to the confluence with Featherbed Branch FW1 (Wharton) - The westerly tributaries and those natural ponds within the lands bounded by Hawkins (Bulltown-Hawkins) Rd., Hampton Gate (Tuckerton) Rd., and Sandy Ridge Rd. FW1

TURTLE GROUND CREEK (Jeffers Landing) - Entire length SE1(C1) SE1(C1)

TURTLE GUT (Ventnor) - Entire length SE1(C1)

WADING RIVER (Chatsworth) - Entire length, except tributaries described separately below PL (Greenwood Forest) - Westerly tributary to Howardsville Cranberry Bog Reservoir and other tributaries located entirely within the boundaries of the Greenwood Forest Wildlife Management Area FW1

WARNERS MILL STREAM (Head of River) - Source to Pinelands Protection and Preservation Area boundary at Aetna Dr. PL (Head of River) - Aetna Dr. to boundary of the Peaselee Wildlife Management Area FW2-NT/SE1 (Head of River) - Within the boundaries of the Peaselee Wildlife Management Area to the Tuckahoe River FW2-NT/SE1(C1)

WEBBS MILL BRANCH - See CEDAR CREEK

WESTECUNK CREEK (Eagleswood) - Source to Pinelands Area boundary PL (Eagleswood) - Pinelands Area boundary to Railroad Ave., including all tributaries FW2-NT/SE1(C1) (Eagleswood) - Railroad Ave. to Little Egg Harbor FW2-NT/SE1

WIGWAM CREEK (Great Bay) - Source to Rt. 9 FW2-NT/SE1 (Great Bay) - Rt. 9 to Mott Creek SE1(C1)

56

Page 61

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

WINTER CREEK (New Gretna) - Entire length SE1(C1) WHIRLPOOL CHANNEL (Margate) - Entire length SE1(C1) WORLDS END CREEK (New Gretna) - Entire length SE1(C1) WRANGLE CREEK (Forked River) - Entire length and all waters within Forked River Game Farm FW2-NT/SE1(C1) WRECK POND BROOK (Wall) - Entire length FW2-NT

Page 62

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

(d) The following surface water classifications are for waters of the Upper Delaware River Basin:

Waterbody Classification
ALEXAUKEN CREEK (Lambertville) - Entire length, including all tributaries FW2-TM(C1)
ALLAMUCHY CREEK (Allamuchy) - Entire length FW2-NT(C1)
ALLAMUCHY POND (Allamuchy) FW2-NT(C1)
ALLAMUCHY POND TRIBUTARIES (Allamuchy) - All tributaries that are located entirely within the boundaries of Allamuchy State Park and that flow into Allamuchy Pond FW1
ALMS HOUSE BROOK
(Hampton) - Source to, but not including, County Farm Pond FW2-TM
(Frankford) - County Farm Pond to Paulins Kill FW2-NT
AMWELL LAKES (Lambertville) FW2-NT(C1)
ANDOVER JUNCTION BROOK
(Andover) - Source to Valentines Pond FW2-TM
(Andover) - Valentines Pond to Kymer Brook FW2-TM(C1)
ANDOVER JUNCTION BROOK LAKES (Andover) - All unlisted lakes greater than five acres FW2-NT(C1)
ASHROE LAKE (Stokes State Forest) FW2-NT(C1)
ASHROE LAKE TRIBUTARIES
(Stokes State Forest) -Tributary to the Lake from Deer Lake and portion of southernmost tributary to Ashroe Lake outside of the Stokes State Forest boundary FW2-TP(C1)
(Stokes State Forest) - Southernmost tributary to the Lake from its source to the Stokes State Forest boundary FW1(tp)
ASSUNPINK CREEK
(Trenton) - Source to confluence with the Delaware River, except segments described separately below FW2-NT
(Roosevelt) - Creek and those tributaries within the boundaries of the Assunpink Wildlife Management Area FW2-NT(C1)
(Quaker Bridge) - Portions of the creek within the boundaries of Van Ness Refuge FW2-NT(C1)
BARKERS MILL BROOK (Independence) - Entire length FW2-TP(C1)
BEAR BROOK (Johnsonburg) - Entire length FW2-TP(C1)
BEAR CREEK
(Johnsonburg) - Mud Pond to the Erie-Lackawanna Railroad trestle north of Johnsonburg FW1(tm)
(Frelinghuysen) - Erie-Lackawanna Railroad trestle to confluence with Trout Brook, including all unnamed and unlisted tributaries FW2-TM(C1)

Page 63

(Frelinghuysen) - Confluence with Trout Brook to Pequest River FW2-TM

BEATTY'S BROOK (Penwell) - Entire length FW2-TP(C1)

BEAVER BROOK (Hope) - Source to confluence with Honey Run FW2-NT

(Hope) - Confluence with Honey Run to Pequest River, including all unnamed tributaries, except tributary East of Manunka Chunk FW2-NT(C1)

(East of Manunka Chunk) - Entire length, including all tributaries FW2-TM(C1)

BEAVER BROOK (Jefferson) - Source to, but not including, Lake Shawnee FW2-NT

BEERSKILL (High Point State Park) - Source to boundary of High Point State Park at 41°15'48" N, 74°45'49" W FW1(tp)

(Shaytown) - Boundary of High Point State Park to confluence with Little Flat Brook FW2-TP(C1)

BIG FLAT BROOK (Montague) - Sawmill Pond to confluence with Parker Brook, except segments described under the listing for Flat Brook, below FW2-NT(C1)

(Sandyston) - Confluence with Parker Brook, through the Blewitt Tract, to the confluence with Flat Brook, except tributaries described under the listing for Flat Brook, below FW2-TP(C1)

(Tuttles Corner) - Outlet stream from Lake Ashroe to its confluence with Big Flat Brook FW2-TP(C1)

BLAIR CREEK (Hardwick) - Source to downstream boundary of Bass Lake, including all tributaries FW2-NT(C1)

(Hardwick Center) - Bass Lake outlet to Paulins Kill, including all lakes and tributaries FW2-TM(C1)

BOWERS BROOK (Hackettstown) - Source downstream to Rt. 517 FW2-TP(C1)

(Hackettstown) - Route 517 to the confluence with Musconetcong River FW2-TM(C1)

BRASS CASTLE CREEK (Brass Castle) - Entire length FW2-TP(C1)

BROOKALOO SWAMP (Hope) - Entire length FW2-TM(C1)

BUCKHORN CREEK (Hutchinson) - Entire length FW2-TP(C1)

BURD RESERVOIR (Drakestown) - Entire length FW2-TM

CLEARVIEW CREEK (Hampton) - Source to Alms House Brook FW2-NT

CLOVE (MILL) BROOK (Montague) - Lake Marcia outlet to State line, except tributaries described below FW2-TP(C1)

(High Point State Park) - The second and third northerly tributaries to Clove Brook, the tributaries to Steeny Kill Lake, and those tributaries downstream of

59

Page 64

| Steeny Kill Lake that originate in High Point State Park downstream to their confluence with Clove Brook or to the High Point State Park Boundaries (High Point State Park) - Those northerly tributaries to Mill Brook that are located due west of Steeny Kill Lake, within the boundaries of High Point State Park | FW1(tp) | | --- | --- | | COOPERMINE BROOK (Pahaquarry) - Entire length | FW1 | | COWBOY CREEK (Byram) – Entire length | FW2-NT(C1) | | CRANBERRY LAKE (Byram) | FW2-TM(C1) | | CRANBERRY LAKE OUTLET STREAM (Byram) - Entire length within Cranberry Lake State Park | FW2-NT(C1) | | (Byram) - Stream outside of Cranberry Lake State Park | FW2-NT | | CRISS BROOK (Stokes State Forest) - Entire length within the boundaries of Stokes State Forest | FW1(tp) | | CULVER'S CREEK (Frankford) - Entire length | FW2-TM | | CULVER'S LAKE (Frankford) | FW2-TM | | DEER LAKE (Sandyston) | FW2-NT(C1) | | DEER PARK POND (Allamuchy) - Pond and tributaries to the pond within Allamuchy State Park, except those tributaries classified as FW1, below | FW2-NT(C1) | | (Allamuchy) - All tributaries to the Pond and to its outlet stream that are located entirely with the boundaries of Allamuchy State Park | FW1 | | (Allamuchy) - Deer Park Pond outlet stream downstream to Musconetcong River | FW2-TM(C1) | | DELAWANNA CREEK (Delaware) - Source downstream to, but not including, Delaware Lake | FW2-TM | | (Delaware) – Delaware Lake dam downstream to Delaware River, including tributaries | FW2-TP(C1) | | DELAWARE AND RARITAN CANAL (Lambertville) - Entire length | FW2-NT | | DELAWARE RIVER TRIBUTARIES (Holland) - Entire length | FW2-TP(C1) | | (Port Jervis) - Unnamed or unlisted direct tributaries that are north of Big Timber Creek, are outside of the Pinelands Protection and Preservation Areas, and are not mapped as C1 waters by the Department | FW2-NT | | (Knowlton) - Source, north of Hope-Delaware Road, to confluence with the Delaware River 0.5 mile south of Ramseysburg | FW2-TP(C1) | | (Titusville) - Unnamed tributaries through Washington Crossing State Park | FW2-NT(C1) | | DONKEY'S CORNER BROOK (Delaware Water Gap) - Entire length | FW1 | | DRY BROOK (Branchville) - Entire length | FW2-NT |

60

Page 65

DUCK POND (Swartswood) DUNNFIELD CREEK (Del. Water Gap) - Source to Rt. I-80 (Del. Water Gap) - Rt. I-80 to Delaware River, except tributaries described below (Worthington) - All unnamed waters that are located entirely within the boundaries of the Worthington State Forest

FIDDLERS CREEK (Titusville) - Entire length FLAT BROOK (Flatbrook-Roy) - Confluence of Big Flat Brook and Little Flat Brook to the boundary of Flatbrook-Roy Wildlife Management Area, except segments described below (Walpack) - Flatbook-Roy Wildlife Management Area boundary to the Delaware River, except segments described below (Stokes State Forest) - Two tributaries to Flat Brook which originate along Struble Road in Stokes State Forest to their confluences with Flat Brook within the boundaries of Flatbrook-Roy Wildlife Management Area (High Point) - All surface water of the Flat Brook drainage area within the boundaries of High Point State Park and Stokes State Forest, except the following waters: 1. Saw Mill Pond and Big Flat Brook downstream to the confluence with Flat Brook; 2. Mashipacong Pond and its outlet stream (Parker Brook) to the confluence with Big Flat Brook; 3. Lake Wapalanne and its outlet stream to the confluence with Big Flat Brook; 4. Lake Ocquittunk and waters connecting it with Big Flat Brook; 5. Stony Lake and its outlet stream (Stony Brook) to the confluence with Big Flat Brook; 6. Kittatinny Lake, that portion of its inlet stream outside the Stokes State Forest boundaries, and its outlet stream, including the Shotwell Camping Area tributary, to the confluence with Big Flat Brook; 7. Deer Lake and its outlet stream to Lake Ashroe;

FW2-NT(C1) FW1(tp) FW2-TP(C1) FW1 FW2-TM FW2-TP(C1) FW1(tm) FW1

61

Page 66

  1. Lake Ashroe, portions of its tributaries outside the Stokes State Forest boundaries, and its outlet stream to the confluence with Big Flat Brook;
  2. Lake Shawanni and its outlet stream to its confluence with Flat Brook;
  3. Crigger Brook and tributary to its confluence with Big Flat Brook

(Del. Water Gap) - All tributaries to Flat Brook that flow from the Kittatiny Ridge and are located entirely within the boundaries of the Delaware Water Gap National Recreation Area

FORKED BROOK (Stokes State Forest) - Entire length FW1 FW2-TP(C1)

FURNACE (OXFORD) BROOK (Oxford) - Source to railroad bridge at Oxford FW2-TP(C1) (Oxford) - Railroad bridge to Pequest River, including all tributaries FW2-NT

FURNACE LAKE (Oxford) FW2-TM

GARDNERS POND (Andover) FW2-TM(C1)

HAINESVILLE POND (Hainesville) FW2-NT(C1)

HAKIHOKAKE CREEK (Milford) - Entire length, including headwaters known as Little York Creek FW2-TP(C1)

TRIBUTARIES (Wydner) - Source to confluence with Hakihokake Creek west of York Road FW2-TP(C1)

HALFWAY HOUSE BROOK (Franklin) - Entire length FW2-TP(C1)

HANCES BROOK (Rockport) - Entire length FW2-TP(C1)

HARIHOKAKE CREEK (Alexandria) - Source to Rt. 519 bridge, including all tributaries FW2-NT(C1) (Frenchtown) - Rt. 519 bridge to Delaware River, including all tributaries FW2-TM(C1)

HARRISONVILLE LAKE (Harrisonville) FW2-NT(C1)

HATCHERY BROOK (Hackettstown) - Entire length FW2-TM(C1)

HIDDEN VALLEY LAKE (Lake Lenape) FW2-NT(C1)

HONEY RUN (Hope) - Entire length FW2-TM

HOPATCONG, LAKE (Hopatcong) FW2-TM

ILLIFF, LAKE (Andover) FW2-TM(C1)

INDEPENDENCE CREEK (Alphano) - Source to Alphano Rd. FW2-TP(C1) (Alphano) - Alphano Rd. to Pequest River FW2-NT

JACKSONBURG CREEK (Blairstown) - Entire length, including all tributaries FW2-TM(C1)

JACOBS CREEK (Hopewell) - Source to Woolsey Brook, including all tributaries FW2-NT(C1) (Hopewell) - Woolsey Brook to Delaware River FW2-NT

62

Page 67

KITTATINNY LAKE (Sandyston) KITTATINNY LAKE TRIBUTARY (Stokes State Forest) - Source to boundary of Stokes State Forest (Sandyston) - State Forest boundary to Kittatinny Lake KNOWLTON BROOK (Knowlton) - Entire length KURTENBACH'S BROOK (Waterloo) - Entire length KYMER BROOK (Andover) - Entire length, including all tributaries, except tributaries immediately north and immediately south of Clearwater LAKE - See listing under Name

LITTLE FLAT BROOK (High Point State Park) - Source to boundary of High Point State Park (Layton) - State park boundary to, but not including, tributary described below, to confluence with Big Flat Brook (Flatbrook-Roy) - Tributary which originates north of Bevans-Layton Rd. downstream to the first pond adjacent to the Fish and Game headquarters building LITTLE NISHISAKAWICK CREEK (Frenchtown) - Entire length LITTLE SHABACUNK CREEK (Lawrence) - Entire length LITTLE SWARTSWOOD LAKE (Swartswood) LITTLE YORK CREEK (Little York) - Entire length

LOCKATONG CREEK (Kingwood) - Source to Idell Bridge (Raven Rock) - Idell Bridge to Delaware River LOMMASONS GLEN BROOK (Lommasons Glen) - Entire length

LOPATCONG CREEK (Phillipsburg) - Source to a point 560 feet (straight line distance) upstream of the Penn Central railroad track, including all tributaries (Phillipsburg) - From a point 560 feet (straight line distance) upstream of the Penn Central railroad track downstream to the confluence with the Delaware River

LUBBERS RUN (Byram) - Entire length, including all tributaries, except Cowboy Creek (Byram) - All lakes on Lubbers Run

MARCIA LAKE (High Point State Park) - Entire Lake (High Point State Park) - Outlet stream from the Lake to the confluence with Clove (Mill) Brook

MASHIPACONG POND (Montague) MERRILL CREEK (Harmony) - Entire length, but not including Merrill Creek Reservoir

Page 68

MERRILL CREEK RESERVOIR (Harmony) FW2-TP(C1) MILL BROOK (Montague) - See CLOVE BROOK MILL BROOK (Broadway) - Entire length FW2-TP(C1) MINE BROOK (Mt. Olive) - Source to, but not including, Upper Mine Brook Reservoir, downstream to Lower Mine Brook Reservoir outlet FW2-TM (Mt. Olive) - Lower Mine Brook Reservoir outlet downstream to Drakestown Road bridge FW2-TP(C1) (Hackettstown) - Drakestown Road bridge downstream to confluence with Musconetcong River FW2-TM

TRIBUTARIES (Drakestown) - Entire length, including all tributaries but not including, Burd Reservoir FW2-TP(C1) (Washington) - Entire length of tributary which joins Mine Brook approximately 280 yards upstream of the confluence with the Musconetcong River FW2-TP(C1)

MIRY RUN (Mercerville) - Entire length FW2-NT MOORE CREEK (Hopewell) - Entire length FW2-TM MOUNTAIN LAKE (Liberty) FW2-TM

MOUNTAIN LAKE BROOK (Liberty) - Source to Mountain Lake FW2-TM (White) - Mountain Lake dam to Lake Bog Preserve lower Boundary FW2-NT (White) - Lake Bog Preserve lower Boundary to Pequest River FW2-NT(C1)

MUDDY BROOK (Hope) - Entire length FW2-NT MUD POND (Johnsonburg) FW1 MUSCONETCONG LAKE (Byram) FW2-NT

MUSCONETCONG RIVER (Hackettstown) - Lake Hopatcong dam to and including Saxton Lake, except tributaries described separately FW2-TM (Saxton Falls) - Saxton Lake to the Delaware River, including all unnamed and unlisted tributaries FW2-TM(C1)

TRIBUTARIES (Anderson) - Entire length FW2-TP(C1) (Changewater) - Entire length FW2-TP(C1) (Deer Park Pond) - See DEER PARK POND (Franklin) - Entire length FW2-TP(C1) (N. of Hackettstown) - Entire length FW2-TM (Lebanon) - Entire length FW2-TP(C1) (Port Murray) - Entire length FW2-TP(C1) (NW of Stephensburg) - Entire length FW2-TP(C1) (S. of Asbury) - Entire length FW2-TP(C1) (S. of Point Mtn.) FW2-TP(C1) (S. of Schooley's Mtn. Brook) - Entire length FW2-TP(C1)

64

Page 69

(Waterloo) - Tributary west of Kurtenbach's Brook from source downstream to Waterloo Valley Road bridge FW2-TP(C1)

NEW WAWAYANDA LAKE (Andover) FW2-TM(C1)

NISHISAKAWICK CREEK (Frenchtown) - Entire length FW2-NT(C1)

OCQUITTUNK LAKE (Stokes State Forest) - Entire lake FW2-NT(C1) (Stokes State Forest) - From the outlet of the Lake to the confluence with Big Flat Brook FW2-TP(C1)

OCQUITTUNK LAKE TRIBUTARY (Stokes State Forest) - Source to Ocquittunk Lake FW1(tp)

PARKER BROOK (Montague) - Entire length FW2-TP(C1)

PAULINS KILL

EAST BRANCH (Andover) - Source to Limecrest quarry FW2-NT(C1) (Lafayette) - Limecrest quarry to confluence with Paulins Kill, West Branch, except tributary described below FW2-TP(C1)

TRIBUTARY EAST BRANCH (Sussex Mills) - Entire length of tributary to the East Branch at Sussex Mills FW2-NT(C1)

WEST BRANCH (Newton) - Source to Warbase Junction Road FW2-NT (Lafayette) - Warbase Junction Road to confluence with East branches FW2-NT(C1)

MAIN STEM (Blairstown) - Confluence of East and West branches to Rt. 15 bridge (bench mark 507), including all tributaries FW2-TM(C1) (Hampton) - Rt. 15 bridge (bench mark 507) to Balesville dam FW2-NT(C1) (Hampton) - Balesville dam to Paulins Kill Lake dam FW2-NT (Paulins Kill Lake) - Paulins Kill Lake dam to Delaware River, including all tributaries, except Blair Creek and tributaries described separately FW2-TM(C1)

TRIBUTARIES, MAIN STEM (Emmons Station) - Entire length FW2-TP(C1) (Stillwater Station) - Entire length FW2-TP(C1)

PEQUEST RIVER (Springdale) - Source to Kymer Brook, except FW1 segments described below FW2-TM(C1) (Green) - Kymer Brook to Tranquility bridge, including all unnamed tributaries FW2-TM(C1) (Whittingham) - Northwesterly tributaries, including Big Spring, located within the boundaries of the Whittingham Wildlife Management Area, southwest of Springdale, from their origins to their confluence with the Pequest River FW1(tm)

65

Page 70

(Whittingham) - Stream and tributaries within the Whittingham Wildlife Management Area, except those classified as FW1, above FW2-TM(C1)

(Vienna) - Tranquility bridge to eastern tributary below Route 80, including all unnamed tributaries FW2-NT(C1)

(Independence) - Eastern tributary below Route 80 to Route 46, except tributary at Petersburg FW2-NT

(Townsbury) - Route 46 to Pequest Road in Townsbury, except Barkers Mill Brook FW2-NT(C1)

(Townsbury) - Upstream most boundary of the Pequest Wildlife Management Area boundary to Delaware River, including all unnamed tributaries FW2-TM(C1)

TRIBUTARIES (Petersburg) - Headwaters and tributaries downstream to Ryan Road bridge FW2-TP(C1)

PLUM BROOK (Sergeantsville) - Entire length FW2-TM(C1)

POHATCONG CREEK

MAIN STEM (Mansfield) - Source to Route 31, including all tributaries FW2-TP(C1)

(Pohatcong) - Route 31 to Merrill Creek, except tributaries listed separately FW2-TM(C1)

(Springtown) - Merrill Creek to Delaware River, including all tributaries FW2-TP(C1)

TRIBUTARIES (New Village) - Entire length FW2-TP(C1)

(Willow Grove) - Entire length FW2-TP(C1)

POND BROOK (Middleville) - Swartswood Lake outlet to Paulins Kill FW2-NT

POPHANDUSING BROOK (Hazen) - Entire length, including all tributaries FW2-TP(C1)

RUNDLE BROOK (Del. Water Gap) - Source to Sussex County Route 615 FW1

SAMBO ISLAND BROOK (Del. Water Gap) - Entire length FW1

SAMBO ISLAND POND (Del. Water Gap) FW1

SANDYSTON CREEK (Sandyston) - Entire length FW2-TP(C1)

SAWMILL POND (High Point) FW2-NT(C1)

SCHOOLEYS MTN. BROOK (Schooley's Mtn.) - Entire length FW2-TP(C1)

SCOUT RUN (Holland Township) - Entire length, including all tributaries FW2-TP(C1)

SHABAKUNK CREEK (Ewing) - Entire length FW2-NT

SHABBECONG CREEK (Washington) - Entire length FW2-TM(C1)

SHAWANNI CREEK (Stokes State Forest) - Headwaters and tributaries downstream to, but not including, Shawanni Lake FW1(tp)

(Stokes State Forest) - Outlet of Shawanni Lake downstream to confluence with Flat Brook FW2-TP(C1)

SHAWANNI LAKE (Stokes State Forest) FW2-NT(C1)

66

Page 71

SHIMERS BROOK (Millville) - Entire length, except those segments designated FW1, below FW2-TP(C1) (High Point) - That segment of Shimers Brook and all tributaries within the boundaries of High Point State Park FW1(tp)

SHIPETAUKIN CREEK (Lawrenceville) - Entire length FW2-NT

SILVER LAKE (Hope) FW2-TM

SMITH FERRY BROOK (Del. Water Gap) - Entire length FW1

SPARTA JUNCTION BROOK (Sparta Junction) - Entire length FW2-TM(C1)

SPRING MILLS BROOK (Milford) - Entire length FW2-TP(C1)

STEELE RUN (Washington Crossing State Park) - Source to confluence with westerly tributary FW1 (Titusville) - Confluence with westerly tributary to the Delaware River FW2-NT

STEENY KILL LAKE (High Point) FW1

STEPHENSBURG BROOK (Stephensburg) - Entire length FW2-TP(C1)

STONY BROOK (Knowlton) - Entire length FW2-TP(C1)

STONY BROOK (Stokes State Forest) - Source and tributaries, wholly contained within Stokes State Forest, from their origins to, but not including, Stony Lake FW1(tp)

(Stokes State Forest) - Tributary originating approximately one mile west of the Branchville Reservoir to the confluence with Stony Brook FW1(tp)

(Stokes State Forest) - Outlet of Stony Lake to the confluence with Big Flat Brook FW2-TP(C1)

STONY LAKE (Stokes State Forest) FW2-TM(C1)

TRIBUTARIES - See STONY BROOK

SUNFISH POND (Worthington) - The pond and its outlet stream to the Delaware River FW1

SWAN CREEK (Lambertville) - Entire length FW2-NT

SWARTSWOOD CREEK (Swartswood) - Entire length, including all tributaries, but not including lakes described separately below FW2-TM(C1)

(Swartswood) - Crandon Lake, Lower Crandon Lake, Mecca Lake, Plymouth Pond, Quick Pond, and Willow Crest Lake FW2-NT(C1)

SWARTSWOOD LAKE (Stillwater) FW2-TM(C1)

TAR HILL BROOK (Lake Lenape) - Source to, but not including, Lake Lenape FW2-TM(C1)

(Lake Lenape) - Lake Lenape to Andover Junction Brook FW2-NT(C1)

TILLMAN BROOK (Walpack) - Entire length FW1(tp)

TROUT BROOK (Hackettstown) - Entire length FW2-TM(C1)

TROUT BROOK (Tranquility) - Entire length FW2-TP(C1)

TROUT BROOK (Hope) - Entire length FW2-TM

67

Page 72

TROUT BROOK (Allamuchy) - Entire length, including all tributaries FW2-NT TROUT BROOK (Middleville) - Source to confluence with Pond Brook FW2-TP(C1) TUNNEL BROOK (Oxford Mtn.) - Entire length, including all tributaries FW2-TP(C1) TURKEY HILL BROOK (Bethlehem) - Entire length FW2-TP(C1) TUTTLES CORNER BROOK (Tuttles Corner) - Entire length FW2-TP(C1) VANCAMPENS BROOK (Millbrook) - Entire length FW2-TP(C1) WAPALANNE LAKE (Stokes State Forest) FW2-NT(C1) WARFORD CREEK (Barbertown) - Entire length FW2-TP(C1) WELDON BROOK (Jefferson Township) - From source to, but not including, Lake Shawnee, including all tributaries FW2-TM WEST PORTAL CREEK (West Portal) - Entire length FW2-TP(C1) WHITE BROOK (Montague) - Entire length FW2-TP(C1) WHITE LAKE (Hardwick) FW2-TM WICKECHECKE CREEK (Locktown) - Source to confluence with Plum Brook, including all tributaries FW2-NT(C1) (Stockton) - Confluence with Plum Brook to Delaware River, including all tributaries FW2-TM(C1) WILLS BROOK (Mt. Olive) - Entire length FW2-TM YARDS CREEK (Blairstown) - Entire length FW2-TP(C1)

68

Page 73

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

(e) The following surface water classifications are for waters of the Lower Delaware River Basin:

Waterbody Classification
ALLOWAY CREEK
(Alloways) – Source to Greenwich Street, including all tributaries and Alloway Lake
(Quinton) – Greenwich Street to Delaware Bay
(Quinton) – All named and unnamed tributaries of Alloway Creek from Greenwich Street to Delaware Bay FW2-NT
SE1
FW2-NT/SE1
ASSISCUNK CREEK
(Columbus) - Headwaters to confluence with Barkers Brook, including all tributaries
(Burlington) - Confluence with Barkers Brook to the Delaware River FW2-NT/C1
FW2-NT
BALDRIDGE CREEK
(Salem Creek) - Entire length, except segments described below
(Salem Creek) - Segments outside the boundaries of the Supawna National Wildlife Refuge FW2-NT/SE1(C1)
FW2-NT/SE1
BAY PONDS (Egg Island)
BEADONS CREEK (Fortescue) - Entire length FW2-NT/SE1(C1)
SE1(C1)
BEAVERDAM BRANCH
(Glassboro) - Source to boundary of the Glassboro Wildlife Management Area
(Glassboro) - Within the boundaries of Glassboro Wildlife Management Area FW2-NT
FW2-NT
BIG TIMBER CREEK (Westville) - Entire length FW2-NT
BLACKBIRD GUT (Newport) - Entire length SE1(C1)
BLACKS CREEK (Bordentown) - Entire length FW2-NT
BLACKWATER BRANCH
(Vineland) – Entire length FW2-NT
BOILER DITCH (Egg Island) - Entire length FW2-NT/SE1(C1)
BUCKS DITCH (Mad Horse Creek) - Entire length SE1(C1)
BUCKSHUTEM CREEK
(Centre Grove) - Entire length, except segments described separately below
(Edward G. Bevan) - Creek and tributaries within the boundaries of Edward G. Bevan Wildlife Management Area, except those tributaries described separately below
(Edward G. Bevan) - Joshua and Pine Branches to their confluence with Buckshutem Creek FW2-NT
FW2-NT/C1
FW1

Page 74

BURNT MILL BRANCH (Newfield) - Entire length FW2-NT CAT GUT (Mad Horse Creek) - Entire length SE1(C1) CEDAR BRANCH (Manumuskin River) - Source to Manumuskin River FW1 CEDAR BRANCH (Edward G. Bevan) - Entire length FW1 CEDAR BRANCH (Edward G. Bevan) - See NANTUXENT CREEK CEDAR CREEK (Dividing Creek Station) - Entire length, except portions described separately below (Edward G. Bevan) - Those tributaries to Cedar Creek that originate in and are located entirely within the boundaries of Edward G. Bevan Wildlife Management Area FW2-NT CEDARVILLE POND (Cedarville) FW2-NT(C1) CHERRY TREE CREEK (Mad Horse Creek) - Entire length SE1(C1) CLARKS POND (Bridgeton) FW2-NT(C1) CLINT MILLPOND (Beaver Swamp) FW2-NT(C1) COHANSEY RIVER (Beals Mill) - Source to Finley Road, including all tributaries and Sunset Lake FW2-NT (Upper Deerfield) - Finley Road to Loper Run, including all unnamed tributaries FW2-NT(C1) (Upper Deerfield) - Loper Run to Park Drive, including all tributaries FW2-NT (Bridgeton) - Park Drive to the Railroad crossing FW2-NT/SE1 (Bridgeton) - Railroad crossing to Delaware Bay SE1 (Bridgeton) - All named and unnamed tributaries of Cohansey River from Irving Road to Delaware Bay, unless otherwise classified FW2-NT/SE1 COOPER BRANCH - See RANCOCAS CREEK COOPER RIVER (Camden) - Source to Route 30 FW2-NT (East Camden) - Route 30 to Delaware River FW2-NT(C1) COURTENY PONDS (Egg Island) FW2-NT/SE1(C1) CROSSWICKS CREEK (Bordentown) - Entire length FW2-NT CROW CREEK (S. Dennis) - Entire length FW2-NT/SE1(C1) CRYSTAL CREEK (Bordentown) - Source to Route 130 FW2-NT (Bordentown) - Route 130 to Delaware River FW2-NT(C1) DEER PARK BRANCH - See RANCOCAS CREEK DELAWARE RIVER TRIBUTARIES (Brooklawn) - Unnamed or unlisted direct tributaries, south of Big Timber Creek and north of Oldmans Creek, that are outside of the Pinelands Protection and Preservation Areas and are not designated as C1 waters by the Department FW2-NT/SE2

70

Page 75

(Penns Grove) - Unnamed or unlisted direct tributaries, south of and including Oldmans Creek, that are outside of the Pinelands Protection and Preservation Areas and are not designated as C1 waters by the Department FW2-NT/SE1

(Pinelands) - All streams or segments of streams which flow directly into the Delaware River, are within the boundaries of the Pinelands Area and are not classified FW1 waters in this Table PL

DENNIS CREEK (South Dennis) - Entire length, except segments described below FW2-NT/SE1 (Woodbine) - All tributaries within the boundaries of the Pinelands Protection and Preservation Areas PL (Dennis Creek) - Segment of the Creek, all tributaries, and all other surface waters within the boundaries of the Dennis Creek Wildlife Management Area FW2-NT/SE1(C1)

DEVILS GUT (Mad Horse Creek) - Entire length, except tributaries described below SE1(C1) (Mad Horse Creek) - Tributaries outside the Mad Horse Creek Wildlife Management Area SE1

DIVIDING CREEK (Lores Mill) - Source to Highland Street, except those segments described below FW2-NT (Dividing Creek) - Highland Street to Delaware Bay, except those segments described below FW2-NT/SE1 (Edward G. Bevan) - Those segments of tributaries that are located entirely within the boundaries of the Edward G. Bevan Wildlife Management Area FW1

DIVISION CREEK (Dix) - Entire length SE1(C1)

DOCTORS CREEK (Red Creek) - Entire length, except segment described below FW2-NT (Imlaystown) - Segment within Imlaystown Lake Wildlife Management Area FW2-NT(C1)

DRUMBO CREEK (Dix) - Entire length, except segment described below FW2-NT/SE1 (Dix) - Segment within the boundaries of Dix Wildlife Management Area FW2-NT/SE1(C1)

EAST CREEK (Dennis) - Source to boundaries of the Pinelands Protection and Preservation Area, except those portions described separately below PL (Belleplain) - A stream and tributary that originate just south of East Creek Mill Rd., 1.2+miles north-northeast of Eldora and are located entirely within the boundaries of Belleplain State Forest FW1

71

Page 76

(Belleplain) - All tributaries to Lake Nummi from their origins downstream to the Lake FW1

(Eldora) - Boundary of the Pinelands Protection and Preservation Area to Delaware Bay, except segment within the boundaries of the Dennis Creek Wildlife Management Area SE1

(Eldora) – All named and unnamed tributaries of East Creek from the boundary of Pinelands Protection and Preservation Area to Delaware Bay, except segment within the boundaries of the Dennis Creek Wildlife Management Area FW2-NT/SE1

(Dennis Creek) - Segment within the boundaries of the Dennis Creek Wildlife Management Area SE1(C1)

ELDER GUT (Egg Island) - Entire length FW2-NT/SE1(C1)

FISHING CREEK (Egg Island) - Entire length FW2-NT/SE1(C1)

FISHING CREEK

(Canton) - Source to Mad Horse Creek Wildlife Management Area and all tributaries outside of the boundaries of Mad Horse Creek Wildlife Management Area SE1

(Mad Horse Creek) - Creek and tributaries within the boundaries of Mad Horse Creek Wildlife Management Area SE1(C1)

GOOSE POND (Mad Horse Creek) SE1(C1)

GOSHEN CREEK

(Woodbine) - Entire length except segment described below SE1

(Dennis Creek) - Segment and all tributaries within the Dennis Creek Wildlife Management Area SE1(C1)

GRAVELLY RUN (Edward G. Bevan) - Downstream to the Edward G. Bevan Wildlife Management Area boundaries FW1

GREEN BRANCH (Brotmanville) - Entire length, and all tributaries, including Endless Branch FW2-NT(C1)

HIGBEE BEACH (Higbee Beach Wildlife Management Area) All waters within the boundaries of Higbee Beach Wildlife Management Area FW2-NT/SE1(C1)

HIGHS BEACH (Highs Beach) - All waters within the Wildlife Management Area south of Highs Beach FW2-NT/SE1(C1)

IMLAYSTOWN LAKE (Imlaystown) FW2-NT(C1)

INDIAN DITCH (Egg Island) - Entire length FW2-NT/SE1(C1)

INDIAN RUN

(Palatine) - Entire length FW2-NT

ISLAND DITCH (Egg Harbor) - Entire length FW2-NT/SE1(C1)

JADE RUN (Brendan T. Byrne State Forest) - Entire length FW1

JOSHUA BRANCH - See BUCKSHUTEM CREEK

KING POND (Egg Island) SE1(C1)

LAHAWAY CREEK

72

Page 77

(Prospertown) - Entire length, except tributaries described separately below (Colliers Mills) - All tributaries which originate in the Colliers Mills Wildlife Management Area north-northeast of Archers Corners, from their sources to the boundaries of the Colliers Mills Wildlife Management Area FW2-NT

LITTLE EASE RUN (Glassboro) - Entire length, except portion described separately below (Glassboro) - Run and tributaries within the Glassboro Wildlife Management Area, except tributary described separately below (Glassboro) - The portion of a branch of Little Ease Run situated immediately north of Stanger Avenue, and entirely within the Glassboro Wildlife Management Area (Glassboro) - The first and second easterly tributaries to Little Ease Run north of Academy Road FW1

LITTLE ROBIN BRANCH (Vineland) - Entire length POND (Repaupo) FW2-NT LOGAN

LONG POND (Mad Horse Creek) LONE TREE CREEK (Egg Island) - Entire length LOWER BROTHERS CREEK (Egg Island) - Entire length LOWER DEEP CREEK (Mad Horse Creek) - Entire length FW2-NT(C1)

MAD HORSE CREEK (Canton) - Source to the boundary of Mad Horse Creek Wildlife Management Area and all tributaries outside the boundaries of the Wildlife Management Area (Mad Horse Creek) - Creek and all waters within the Mad Horse Creek Wildlife Management Area FW2-NT/SE1

MALAPATIS CREEK (Mad Horse Creek) - Entire length, except segment described below (Mad Horse Creek) - Portions of the Creek beyond the boundaries of the Mad Horse Creek Wildlife Management Area SE1

MANTUA CREEK (Sewell) - Source to Wenonah Ave., including all tributaries (Montua) - Wenonah Ave. to Delaware River FW2-NT SE1

MASON CREEK (Springville) - Entire length, except segment described below (Medford) - Segment within Medford Wildlife Management Area FW2-NT FW2-NT(C1)

MASONS RUN

73

Page 78

(Pine Hill) - Source to Little Mill Road (Lidenwold) - Little Mill Rd. to confluence with Big Timber Creek FW2-NT

MAURICE RIVER MAIN STEM (Willow Grove) - Willow Grove Road to the confluence with Blackwater Branch FW2-NT(C1) (Vineland) - Confluence with Blackwater Branch to West Sherman Avenue, except tributaries described under Tributaries below FW2-NT (Millville) - West Sherman Avenue to Union Lake Dam, including Union Lake FW2-NT(C1) (Millville) - Union Lake Dam to Delaware Bay, except tributaries described under Tributaries below SE1 (Millville) - All named and unnamed tributaries of Maurice River from Union Lake Dam to Delaware Bay, except tributaries described under Tributaries below, unless otherwise classified FW2-NT/SE1

TRIBUTARIES, MAURICE RIVER (Willow's Grove) - Those portion of tributaries that are within the boundaries of the Pinelands Protection and Preservation Area PL (Vineland) - All tributaries within the boundaries of the Union Lake Wildlife Management Area FW2-NT(C1) (Matts Landing) - All tributaries within the Wildlife Management Area that borders Delaware Bay FW2-NT/SE1(C1) FW2-NT/SE1(C1)

MCCORMICK POND (Egg Island) MACDONALD BRANCH - See RANCOCAS CREEK MENANTICO CREEK (Millville) - Source to Mays Landing Road FW2-NT (Millville) - Mays Landing Road to Berryman Branch, including all tributaries FW2-NT(C1) (Menantico) - Berryman Branch to Maurice River, except segment described below FW2-NT (Menantico) - Segment within the boundaries of the Menantico Ponds Wildlife Management Area FW2-NT(C1) SE1(C1)

MIDDLE BROTHERS CREEK (Egg Island) - Entire length MIDDLE MARSH CREEK (Dix) - All fresh waters which originate in and are located entirely within the boundaries of the Dix Wildlife Management Area FW1 FW1

MILE BRANCH - Entire length FW1

MILL CREEK (Carmel) - Entire length, except segment described below FW2-NT (Union Lake) - Creek and tributaries within the boundaries of the Union Lake Wildlife Management Area FW2-NT MOUNT MISERY BROOK

74

Page 79

(Woodmansie) - Entire length, except segments described below PL

SOUTH BRANCH, MOUNT MISERY BROOK

(Brendan T. Byrne State Forest) - All tributaries to the South Branch that are located entirely within the boundaries of Brendan T. Byrne State Forest FW1

(Pasadena) - The two easterly branches of the Branch which are located entirely within the boundaries of the Pasadena Wildlife Management Area FW1

MUDDY CREEK

(Mad Horse Creek) - Entire length, except segments described below SE1(C1)

(Mad Horse Creek) - Segments outside of the boundaries of the Mad Horse Creek Wildlife Management Area SE1

MUDDY RUN

(Elmer) - Entire length, except segments described below FW2-NT

(Elmer) - Portion of the Run within Elmer Lake Wildlife Management Area FW2-NT(C1)

(Centerton) - Portion of the Run within Parvin State Park FW2-NT(C1)

(Pittsgrove) - Portion of the run within Union Lake Wildlife Management Area FW2-NT(C1)

MUSKEE CREEK

(Port Elizabeth) - Source to boundary of Pinelands Protection and Preservation Area, except segments described separately below PL

(Peaselee) - The Middle Branch from its origin to the boundaries of the Peaselee Wildlife Management Area FW1

(Peaselee) - Those portions of the tributaries to Slab Branch which are located entirely within the boundaries of the Peaselee Wildlife Management Area FW1

(Bricksboro) - Pinelands Protection and Preservation Area boundaries to Maurice River FW2-NT

NANCY GUT

(Nantuxent) - Source to the boundary of Nantuxent Creek Wildlife Management Area SE1(C1)

(Newport) - Stream and all tributaries outside of the boundaries of the Nantuxent Creek Wildlife Management Area SE1

NANTUXENT CREEK

(Newport Landing) - Entire length, except segment described below FW2-NT/SE1

(Nantuxent) - All waters within the boundaries of Nantuxent Creek Wildlife Management Area FW2-NT/SE1(C1)

NORTH RUN

(Wrightstown) - Entire length, except segments described below FW2-NT

75

Page 80

(Wrightstown) – Portion within the boundaries of the Pinelands Area PL

TRIBUTARY (NE of Wrightstown) – Source to Pinelands Area boundary, including all tributaries FW2-NT(C1)

OLDMANS CREEK (Lincoln) – Source to the eastern boundary of the Harrisonville Lake Wildlife Management Area boundary FW2-NT (Harrisonville) – Eastern boundary of the Harrisonville Lake Wildlife Management Area to Kings Highway by Porches Mill, including all tributaries FW2-NT(C1) (Oldmans) – Kings Highway by Porches Mill to Main Street FW2-NT (Oldmans) – Main Street to the Delaware River FW2-NT/SE1

ORANOAKEN CREEK (Fortescue) – Source to boundary of Egg Island Berrytown Wildlife Management Area FW2-NT/SE1 (Egg Island) – Creek and tributaries within the boundaries of the Egg Island Berrytown Wildlife Management Area FW2-NT/SE1(C1)

PARGEY CREEK (Asbury) – Source to Swedesboro Ave. FW2-NT (Gibbstown) – Swedesboro Avenue to Repaupo Creek, except segments described below FW2-NT/SE2 (Logans Pond) – Segment within the boundaries of Logans Pond Wildlife Management Area FW2-NT/SE2(C1)

PARVIN LAKE (Parvin State Park) FW2-NT(C1)

PATTYS FORK – See MAD HORSE CREEK PENNSAUKEN CREEK (Cinnaminson) – Entire length FW2-NT PIERSONS DITCH (Egg Island) – Entire length FW2-NT/SE1(C1) PINE BRANCH – See BUCKSHUTEM CREEK

POMPESTON CREEK (Cinnaminson) – Entire length, except portion described below FW2-NT (Riverton) – Route 130 bridge to Broad Street bridge FW2-NT(C1)

RACCOON CREEK (Mullica Hill) – Source to Kings Highway, except tributary described below FW2-NT (Grand Sprute) – Kings Highway to Delaware River FW2-NT FW2-NT/SE2

TRIBUTARY (Basgalore Lake Tributary) – Entire length, including Basgalore Lake and all tributaries FW2-NT(C1)

RANCOCAS CREEK NORTH BRANCH (North Hanover) – Source to boundary of the Pinelands Protection and Preservation Area at Pemberton PL

76

Page 81

(Pemberton) - Boundary of the Pinelands Protection and Preservation Area to the Delaware River, except tributaries described below FW2-NT

(Pemberton) - Tributaries within the boundaries of the Pinelands Protection and Preservation Areas PL

SOUTH BRANCH RANCOCAS CREEK (Southhampton) - Source to Pinelands Protection and Preservation Area boundaries at Rt. 206 bridge south of Vincentown PL

(Vincentown) - Vincentown to Delaware River, except tributaries described separately below FW2-NT

(Vincentown) - All tributaries within the Pinelands Protection and Preservation Area PL

COOPER BRANCH RANCOCAS CREEK (Woodmansie) - Entire length, except portions described separately, below PL

(Brendan T. Byrne State Forest) - Branch and tributaries downstream to Pakim Pond, and tributaries to Cooper Branch located entirely within the Brendan T. Byrne State Forest boundaries FW1

DEER PARK BRANCH RANCOCAS CREEK (Buckingham) - Stream and tributaries near Buckingham to confluence with Pole Bridge Branch FW1

MACDONALDS BRANCH RANCOCAS CREEK (Woodmansie) - Entire length, except as described separately below PL

(Brendan T. Byrne State Forest) - Branch and tributaries located entirely within Brendan T. Byrne State Forest FW1

SHINNS BRANCH RANCOCAS CREEK (Brendan T. Byrne State Forest) - Branch and tributaries located entirely within the boundaries of Brendan T. Byrne State Forest, from their sources to the forest boundary FW1

(Lebanon Lake Estates) - Forest boundary to lake PL

ROARING DITCH (Heislerville) - Entire length, except segment described below SE1

(Eldora) - Ditch and all tributaries within the Dennis Creek Wildlife Management Area boundaries SE1(C1)

ROWANDS POND (Clementon) - Pond, inlet stream and outlet stream within Rowands Pond Wildlife Management Area FW2-NT(C1)

SALEM RIVER (Upper Pittsgrove) - Source to Slabtown Road, including all tributaries FW2-NT(C1)

77

Page 82

(Woodstown) – Slabtown Road to the confluence with Mill Street FW2-NT

(Woodstown) – Mill Street to Chestnut Run FW2-NT(C1)

(Woodstown) – Chestnut Run to Nichomus Run FW2-NT

(Sharptown) – Nichomus Run to Major Run, including Nichomus Run, Major Run, and their tributaries FW2-NT(C1)

(Salem) – Major Run to the confluence with the Delaware River, except the tributary described below FW2-NT/SE1

TRIBUTARY (Pilesgrove) - Entire length, including all tributaries FW2-NT/SE1(C1)

SAVAGES RUN (East Creek) (Belleplain State Forest) - Entire length, except portions described separately, below PL

(Belleplain State Forest) - Those two tributaries and portions thereof downstream of Lake Nummi and all tributaries to Lake Nummi that are located entirely within the boundaries of Belleplain State Forest FW1

SCOTLAND RUN (Monroe) – Entire length FW2-NT

SHAWS MILL POND (Cedarville) FW2-NT/SE1(C1)

TRIBUTARIES (Edward G. Bevan) - Cedar and Mile Branches to Shaw's Mill Pond FW1

SHINNS BRANCH - See RANCOCAS CREEK SHORE DITCH (Mad Horse Creek) - Entire length SE1(C1)

SILVER LAKE FORK - See MAD HORSE CREEK SLAB BRANCH - See MUSKEE CREEK

SLUICE CREEK (Cedar Grove) – Source to lower boundary of Clint Millpond, except segment with in Beaver Swamp Wildlife Management Area FW2-NT

(Cedar Grove) – Segment and tributaries within the Beaver Swamp Wildlife Management Area FW2-NT(C1)

(South Dennis) - Clint Millpond to Dennis Creek, except segment within the Dennis Creek Wildlife Management Area SE1

(South Dennis) - All named and unnamed tributaries to Sluice Creek from Clint Millpond to Dennis Creek, except segment within the Dennis Creek Wildlife Management Area FW2-NT/SE1

(Dennis Creek) - Segments of tributaries within the Dennis Creek Wildlife Management Area SE1(C1)

STEEP RUN (Mauricetown) - Entire length FW2-NT(C1)

STILL RUN (Aura) – Entire length FW2-NT

STOW CREEK (Jericho) – Source to Buckhorn Road FW2-NT

78

Page 83

(Stow Creek Landing) - Buckhorn Road to Delaware River, except tributaries within the boundaries of the Mad Horse Creek Wildlife Management Area (Stow Creek Landing) – Tributaries of Stow Creek from Buckhorn Road to Delaware River, except tributaries within the boundaries of the Mad Horse Creek Wildlife Management Area (Mad Horse Creek) - Tributaries within the boundaries of the Mad Horse Creek Wildlife Management Area STRAIGHT CREEK (Berrytown) - Entire length THREE MOUTHS (Egg Island) THUNDERGUST BROOK (Deerfield) - Entire length, except segment described below (Deerfield) - That segment within the boundaries of Parvin State Park THUNDERGUST LAKE (Parvin State Park) TURNERS FORK - See MAD HORSE CREEK UPPER BROTHERS CREEK (Egg Island) - Entire length UPPER DEEP CREEK (Mad Horse Creek) - Entire length WEST CREEK (Halberton) - Source to the boundary of the Pinelands Protection and Preservation Areas, except those portions described separately, below (Belleplain) - The portion of the tributary that originates about 0.9 miles southeast of Hoffman's Mill and is located entirely within the boundaries of Belleplain State Forest (Belleplain) - Those tributaries that originate about 0.5 miles upstream of Hoffman's Mill and are located entirely within the boundaries of Belleplain State Forest (Belleplain) - Eastern branch of the easterly tributary to Pickle Factory Pond from its origin to its confluence with the western branch (Delmont) - Boundary of the Pinelands Protection and Preservation Area to the Delaware Bay, except portions within the boundary of the Fish and Game lands, except tributaries described below (Delmont) – All named and unnamed tributaries from the boundary of the Pinelands Protection and Preservation Area to the Delaware Bay, except tributaries described below (Delmont) – Portions within the Fish and Game lands WIDGEON PONDS (Egg Island) WOODBURY CREEK (National Park) – Source to Hessian Run (National Park) – Hessian Run to Delaware River, including all tributaries

SE1 FW2-NT/SE1 FW2-NT/SE1(C1) SE1(C1) FW2-NT/SE1(C1) FW2-NT FW2-NT/SE1(C1) FW2-NT SE1(C1) SE1(C1) PL FW1 FW1 FW1 FW1 SE1 FW2-NT/SE1(C1) FW2-NT/SE2 FW2-NT/SE2(C1)

79

Page 84

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

(f) The following surface water classifications are for waters of the Passaic, Hackensack and New York Harbor Complex Basin:

Waterbody Classification
AMES LAKE (Hibernia) FW2-NT(C1)
APSHAWA BROOK (Macopin) - Entire length FW2-TP(C1)
ARTHUR KILL
(Perth Amboy) - The Kill and its saline New Jersey tributaries between the Outerbridge Crossing and a line connecting Ferry Pt., Perth Amboy to Wards Pt., Staten Island, New York SE2
(Elizabeth) - From an east-west line connecting Elizabethport with Bergen Pt., Bayonne to the Outerbridge Crossing SE3
(Woodbridge) - All freshwater tributaries FW2-NT
BEAR BROOK
(Washington) - Source to Spring Valley Road FW2-NT(C1)
(Washington) - Spring Valley Road to Woodcliff Lake, including all tributaries FW2-TM(C1)
BEAR SWAMP BROOK (Mahwah) - Entire length FW2-TP(C1)
BEAR SWAMP LAKE (Ringwood State Park) FW2-NT(C1)
BEAVER BROOK
(Meriden) - From Splitrock Reservoir Dam downstream to Meriden Road Bridge FW2-TP(C1)
(Denville) - Meriden Road Bridge to Rockaway River, including Mount Hope and White Meadow Lakes and all unnamed and unlisted tributaries FW2-NT(C1)
TRIBUTARIES
(Meriden) - Two tributaries located approximately three quarters of a mile southwest of Meriden FW2-TP(C1)
BEECH BROOK
(West Milford) - From State line downstream to Monksville Reservoir, including all tributaries FW2-TP(C1)
BELCHER CREEK (W. Milford) - Entire length FW2-NT
BERRYS CREEK (Secaucus) - Entire length FW2-NT/SE2
BLACK BROOK
(Meyersville) - Entire length, except segment described below FW2-NT
(Great Swamp) - Segment and tributaries within the Great Swamp National Wildlife Refuge FW2-NT(C1)
BLUE MINE BROOK
(Wanaque) - Headwaters downstream to lower Snake Den Road bridge FW2-TP(C1)

Page 85

(Wanaque) - Lower Snake Den Road bridge to the confluence with Wanaque Reservoir FW2-TM(C1)

BOONTON RESERVOIR - See JERSEY CITY RESERVOIR BRUSHWOOD POND (Ringwood State Park) FW2-TM(C1) BUCKABEAR POND (Newfoundland) - Pond, its tributaries and connecting stream to Clinton Reservoir FW2-NT(C1) BURNT MEADOW BROOK (Green Pond) - Source downstream to confluence with Green Pond Brook, including Lake Denmark and all tributaries FW2-NT(C1) BURNT MEADOW BROOK (Stonetown) - Entire length FW2-TP(C1) CANISTEAR RESERVOIR (Vernon) FW2-TM(C1) CANISTEAR RESERVOIR TRIBUTARY (Vernon) - The eastern tributary to the Reservoir FW2-NT(C1) (Vernon) - The southern branch of the eastern tributary to the Reservoir FW1 CANOE BROOK (Chatham) - Entire length FW2-NT CEDAR POND (Postville) - Pond and all tributaries FW1 CHARLOTTESBURG RESERVOIR (Charlottesburg) FW2-TM(C1) TRIBUTARIES (Charlottesburg) - All unnamed tributaries FW2-TP(C1) (Charlottesburg) - Unnamed lake on the southeastern tributary to the Reservoir FW2-NT(C1) CHERRY RIDGE BROOK (Vernon) - Tributaries not contained within Wawayanda State Park and Newark Watershed lands FW2-NT (Wawayanda State Park) - Brook and tributaries upstream of Canistear Reservoir located entirely within the boundaries of Wawayanda State Park and the Newark Watershed lands FW1 CLINTON BROOK (W. Milford) - Clinton Reservoir dam to Pequannock River FW2-TP(C1) CLINTON RESERVOIR (W. Milford) FW2-TM(C1) CLOVE BROOK - See STAG BROOK COOLEY BROOK (W. Milford) - Entire length, except segments described below FW2-TP(C1) (Hewitt State Forest) - Segments of the brook and all tributaries which originate and are located entirely within Hewitt State Forest FW1(tp) CORYS BROOK (Warren) - Entire length FW2-NT CRESSKILL BROOK (Alpine) - Entire length, including Rionda's Pond and all tributaries FW2-TP(C1) CROOKED BROOK TRIB. (East of Sheep Hill) - Entire length FW2-TP(C1) CUPSAW BROOK (Skylands) - Entire length, including all tributaries and Cupsaw Lake FW2-NT(C1)

81

Page 86

DEAD RIVER (Liberty Corners) - Entire length FW2-NT

DEN BROOK (Randolph) - Entire length, including all tributaries and lakes FW2-NT(C1)

TRIBUTARY (Randolph) - Tributary west of Shongum Lake FW2-TP(C1)

DUCK POND (Ringwood) FW2-NT(C1)

DUNKER POND BROOK (West Milford Township) - Entire length, including Dunker Pond and all tributaries, except Lud-Day Brook FW2-NT(C1)

DURHAM POND (Rockaway) FW2-NT(C1)

ELIZABETH RIVER (Elizabeth) - Source to Broad St. bridge, Elizabeth and all freshwater tributaries FW2-NT

(Elizabeth) - Broad St. bridge to mouth SE3

EMMA LAKE (Hibernia) FW2-NT(C1)

ERSKINE BROOK (Ringwood) - Entire length FW2-TM(C1)

ERSKINE LAKES (Ringwood) FW2-NT(C1)

FOX BROOK (Mahwah) - Entire length, including all tributaries FW2-TP(C1)

GIRL SCOUT POND (Hibernia) FW2-NT(C1)

GLASMERE POND (Ringwood) FW2-NT(C1)

GOFFLE BROOK (Hawthorne) - Entire length FW2-NT

GRANNEY BROOK - See SPRING BROOK GRANNIS BROOK (Morris Plains) - Entire length FW2-NT

GREAT BROOK (Chatham) - Entire length, except segment described below (Great Swamp) - Segment within the boundaries of the Great Swamp National Wildlife Refuge FW2-NT(C1)

GREEN BROOK (W. Milford) - Entire length, except those segments described below (Hewitt State Forest) - Those segments and tributaries which originate and are located entirely within the Hewitt State Forest boundaries FW2-TP(C1)

GREEN POND (Rockaway) FW2-TM

GREEN POND BROOK (Picatinny Arsenal) - Green Pond outlet to, but not including, Picatinny Lake FW2-TP(C1)

(Wharton) - Picatinny Lake and its outlet stream to the confluence with the Rockaway River, including all tributaries FW2-NT(C1)

GREENWOOD LAKE (W. Milford) FW2-TM

HACKENSACK RIVER (Oradell) - New York/New Jersey State line to Oradell dam, including Lake Tappan and all tributaries draining to the Hackensack River above Oradell Dam FW2-NT(C1)

(Oradell) - Main stem and saline tributaries from Oradell dam to the confluence with Overpeck Creek SE1

82

Page 87

(Little Ferry) - Main stem and saline tributaries from Overpeck Creek to Route 1 and 9 crossing SE2 (Kearny Point) - Main stem downstream from Route 1 and 9 crossing SE3

TRIBUTARIES

(Oradell) - Tributaries joining the main stem between Oradell dam and the confluence with Overpeck Creek FW2-NT/SE1 (Little Ferry) - Tributaries joining the main stem downstream of Overpeck Creek FW2-NT/SE2

HANKS POND (Clinton) - Pond and all tributaries FW1 HARMONY BROOK (Brookside) - Entire length FW2-TP(C1) HARRISONS BROOK (Bernards) - Entire length FW2-NT HAVEMEYER BROOK (Mahwah) - Entire length FW2-TP(C1) HEWITT BROOK (W. Milford) - Entire length FW2-TP(C1)

HIBERNIA BROOK

(Marcella) - Source to first Green Pond Road bridge downstream of Lake Emma FW2-TP(C1) (Hibernia) - First Green Pond Road bridge to confluence with Beaver Brook FW2-TM(C1)

TRIBUTARY

(Lake Ames) - Source to, but not including, Lake Ames FW2-TP(C1) HIGH MOUNTAIN BROOK (Ringwood) - Source to, but not including, Skyline Lake FW2-TP(C1) HOHOKUS BROOK (Hohokus) - Entire length FW2-NT

HUDSON RIVER

(Rockleigh) - River and saline portions of New Jersey tributaries from the New Jersey-New York boundary line in the north to its confluence with the Harlem River, New York SE1 (Englewood Cliffs) - River and saline portions of New Jersey tributaries from the confluence with the Harlem River, New York to a north-south line connecting Constable Hook (Bayonne) to St. George (Staten Island, New York) SE2

TRIBUTARIES

(Rockleigh) - Freshwater portions of tributaries to the Hudson River in New Jersey FW2-NT INDIAN GROVE BROOK (Bernardsville) - Entire length FW2-TP(C1)

JACKSON BROOK

(Mine Hill) - Source to the boundary of Hurd Park, Dover, including all tributaries, except Spring (Granney) Brook FW2-TP(C1) (Dover) - Hurd Park to Rockaway River FW2-NT(C1) JENNINGS CREEK (W. Milford) - State line to Wanaque River FW2-TP(C1) JERSEY CITY RESERVOIR (Boonton) FW2-TM(C1) KANOUSE BROOK (Newfoundland) - Entire length FW2-TP(C1)

83

Page 88

KIKEOUT BROOK (Butler) - See STONE HOUSE BROOK KILL VAN KULL (Bayonne) - Westerly from a north-south line connecting Constable Hook (Bayonne) to St. George (Staten Island, New York) SE3 LAKE RICKONDA OUTLET STREAM (Monks) - That segment of the outlet stream from Lake Rickonda within Ringwood State Park FW2-TM(C1) LAKE STOCKHOLM BROOK (Stockholm) - Entire length, except tributaries described separately below FW2-TP(C1) (Stockholm) - Portion of westerly tributary, from its origins to about 1000 feet south of the Route 23 bridge, located entirely within the boundaries of the Newark watershed FW1(tp) (Stockholm) - Brook between Hamburg Turnpike and Vernon-Stockholm Rd. to its confluence with Lake Stockholm Brook, north of Rt. 23 FW1(tp) LITTLE POND BROOK (Oakland) - Entire length FW2-TP(C1) LOANTAKA BROOK (Green Village) - Entire length, except segment described below FW2-NT (Great Swamp) - Brook and all tributaries within the boundaries of Great Swamp National Wildlife Refuge FW2-NT(C1) LUD-DAY BROOK (Camp Garfield) - Source downstream to its confluence with the southwestern outlet stream from Clinton Reservoir just upstream of the confluence of the outlet stream and a tributary from Camp Garfield FW1 MACOPIN RIVER (Newfoundland) - Source to Echo Lake dam, including Echo Lake FW2-NT (Newfoundland) - Echo Lake dam downstream to Pequannock River FW2-TP(C1) TRIBUTARY Mathews Brook (Echo Lake) - Entire length, including all tributaries FW2-NT MEADOW BROOK (Wanaque) - Skyline Lake and its outlet stream to E. Belmont Ave., including all tributaries FW2-NT(C1) (Wanaque) - E. Belmont Ave. downstream to Wanaque River FW2-TP(C1) MILL BROOK (Randolph) - Source to Route 10 bridge, including all tributaries FW2-TP(C1) (Randolph) - Route 10 bridge to Rockaway River FW2-TM(C1) TRIBUTARIES

84

Page 89

(N. of Union Hill) - Entire length FW2-TP(C1)

MONKSVILLE RESERVOIR (Long Pond Iron Works State Park) FW2-TM(C1)

MORSES CREEK (Linden) - Entire length FW2-NT/SE3

MOSSMANS BROOK (West Milford) - Source to confluence with Clinton Reservoir FW2-TP(C1)

MT. TABOR BROOK (Morris Plains) - Entire length FW2-NT

NEWARK BAY (Newark) - North of an east-west line connecting Elizabethport with Bergen Pt., Bayonne up to the mouths of the Passaic and Hackensack Rivers SE3

NOSENZO POND (Upper Macopin) FW2-NT(C1)

OAK RIDGE RESERVOIR (Oak Ridge) FW2-TM(C1)

OAK RIDGE RESERVOIR TRIBUTARIES (Oak Ridge) - Northwestern tributary to Reservoir FW1(tm) (Oak Ridge) - Southwestern tributary to Reservoir FW2-TM(C1)

OHIO BROOK (Morris Township) - Source downstream to Morristown town line FW2-TM

ORADELL RESERVOIR (Oradell) FW2-NT(C1)

TRIBUTARIES (Oradell) - All named and unnamed tributaries that are not listed separately, that drain into Oradell Reservoir above the Oradell Dam FW2-NT(C1)

OVERPECK CREEK (Palisades Park) - Entire length FW2-NT/SE2

PACOCK BROOK (Canistear) - Brook and tributaries upstream of Canistear Reservoir located entirely within the boundaries of the Newark Watershed FW1

(Canistear) - Brook including Marshall Pond upstream of Canistear Reservoir located outside the boundaries of the Newark Watershed FW2-NT(C1)

(Stockholm) - Outlet stream of Canistear Reservoir to Pequannock River FW2-NT(C1)

PASCACK BROOK (Hackensack) - New York/New Jersey State line to confluence with the Oradell Reservoir, including Woodcliff Lake, and all tributaries FW2-NT(C1)

PASSAIC RIVER (Mendham) - Source downstream to, but not including, Osborn Pond or tributaries described separately below FW2-TP(C1)

(Paterson) - Outlet of Osborn Pond to Dundee Lake dam FW2-NT

(Little Falls) - Dundee Lake dam to confluence with Second River FW2-NT/SE2

(Newark) - Confluence with Second River to mouth SE3

TRIBUTARIES (Great Piece Meadows State Park) - Tributaries within Great Piece Meadows State Park FW2-NT(C1)

PECKMAN RIVER (Verona) - Entire length FW2-NT

PEQUANNOCK RIVER 85

Page 90

MAIN STEM

(Vernon) - Source to confluence with Pacock Brook FW1(tp) (Hardyston) - River and the easterly tributary from Pacock Brook to, but not including, Oak Ridge Reservoir FW2-TP(C1) (Newfoundland) - Outlet of Oak Ridge Reservoir downstream to Charlottesburg Reservoir, including all unnamed tributaries, but not including Charlottesburg Reservoir FW2-TP(C1) (Charlottesburg) - Outlet of Charlottesburg Reservoir to, but not including, Macopin Reservoir or the tributaries described separately below FW2-TP(C1) (Kinnelon) - Macopin Reservoir outlet to Hamburg Turnpike bridge in Pompton Lakes Borough FW2-TP(C1) (Riverdale) - Hamburg Turnpike bridge in Pompton Lakes Borough to confluence with Wanaque River FW2-TM (Pompton Plains) - Confluence with Wanaque River downstream to confluence with Pompton River FW2-NT

TRIBUTARIES

(Copperas Mtn.) - Entire length FW2-TP(C1) (Smoke Rise) - Entire length FW2-TP(C1) (Green Pond Junction) - Tributary at Green Pond Junction from its origin downstream to Route 23 FW1(tm) (Jefferson) - Tributary joining the main stem about 3500± feet southeast of the Sussex-Passaic County line, near Jefferson from its origin to about 2000 feet upstream of the pond FW1(tm) (Maple Lake) - Entire length, including all tributaries FW2-TP(C1) (Lake Kampfe) - Source to, but not including, Lake Kampfe FW2-TM (Lake Kampfe) - Lake Kampfe to Pequannock River, except tributary described separately below FW2-NT (Lake Kampfe) - Tributary within the boundaries of Norvin Green State Forest, originating west of Torne Mtn. FW2-NT(C1) (Suntan Lake) - Entire length, including all tributaries FW2-TP(C1)

PILES CREEK (Grasselli) - Entire length SE3 POMPTON LAKE (Pompton Lakes) FW2-NT POMPTON RIVER (Wayne) - Entire length FW2-NT POND BROOK (Oakland) - Entire length FW2-NT

POSTS BROOK

(Bloomingdale) - Source to confluence with Wanaque River, except Wanaque Reservoir and segment described below FW2-NT (Norvin Green State Forest) - That segment of the stream and all tributaries within the boundaries of Norvin Green State Forest FW2-NT(C1)

PREAKNESS (SINGAC) BROOK

(Wayne) - Source to, but not including, Barbour Pond FW2-TP(C1) (Barbour Pond) - Pond to Passaic River FW2-NT

86

Page 91

PRIMROSE BROOK (Harding) - Source to Lees Hill Road bridge FW2-TP(C1) (Harding) - Lees Hill Road bridge to Great Swamp National Wildlife Refuge boundary FW2-NT (Great Swamp) - Wildlife Refuge boundary to Great Brook FW2-NT(C1)

RAHWAY RIVER SOUTH BRANCH (Rahway) - Source to Hazelwood Ave., Rahway FW2-NT (Rahway) - Hazelwood Ave. to mouth SE2

MAIN STEM (Rahway) - Upstream of Pennsylvania Railroad bridge FW2-NT (Linden) - Penn. Railroad bridge to Route 1&9 crossing SE2 (Carteret) - Route 1&9 crossing to mouth SE3

RAMAPO LAKE (Ramapo) - Lake and all outlet streams and tributaries within the boundaries of Ramapo Mtn. State Forest FW2-NT(C1)

RAMAPO RIVER (Mahwah) - State line to confluence with Fox Brook FW2-NT (Mahwah) - Confluence with Fox Brook to Little Pond Brook, including all unnamed tributaries FW2-NT(C1) (Mahwah) - Little Pond Brook to Pompton River FW2-NT

TRIBUTARIES (Oakland) - Entire length FW2-TP(C1) (W. of Bald Mtn.) - Source to State line, including all tributaries FW2-TP(C1)

RICKONDA LAKE (Ringwood) RINGWOOD CREEK (Ringwood) - Entire length, including all tributaries FW2-TM(C1)

RINGWOOD MILL POND (Ringwood) ROCKAWAY RIVER (Wharton) - Source to Washington Pond outlet, including all lakes and unnamed and unlisted tributaries FW2-NT(C1) (Dover) - Washington Pond outlet downstream to Route 46 bridge, including all tributaries FW2-TM(C1) (Boonton) - Route 46 bridge to, but not including Jersey City Reservoir, including all unnamed and unlisted tributaries FW2-NT(C1) (Boonton) - Jersey City Reservoir to Passaic River FW2-NT

TRIBUTARY (West of Woodstock) - Entire length, including all tributaries FW2-TP(C1)

RUSSIA BROOK (Sparta) - Source to Lake Hartung dam, including all tributaries FW2-NT(C1) (Milton) - Lake Hartung dam to, but not including, Lake Swannanoa, including all tributaries FW2-TM(C1) (Longwood) - Lake Swannanoa and its outlet stream to the confluence with the Rockaway River FW2-NT(C1)

87

Page 92

TRIBUTARIES (S. of Mt. Paul) – Entire length FW2-TP(C1)

SADDLE RIVER (Upper Saddle River) - State line to confluence with Pleasant Brook, including all tributaries FW2-TP(C1) (Saddle River) - Pleasant Brook to Allendale Rd. bridge FW2-TM (Lodi) - Allendale Rd. bridge to Marsellus Place FW2-NT (Lodi) - Marsellus Place to Passaic River FW2-NT/SE3

SAWMILL CREEK (Pompton Plains) - Entire length FW2-NT

SCARLET OAK POND (Mahwah) FW2-TM

SHEPPARD LAKE (Ringwood) FW2-TM(C1)

SINGAC BROOK - See PREAKNESS BROOK

SLOUGH BROOK (Livingston) - Entire length FW2-NT

SMITH CREEK (Woodbridge) - Entire length FW2-NT/SE3

SPLIT ROCK RESERVOIR (Rockaway) FW2-TM(C1)

TRIBUTARIES (Farny State Park)- Three tributaries within Farny State Park FW2-NT(C1) (Rockaway) - All tributaries that drain into Split Rock Reservoir outside Farny State Park FW2-TP(C1)

SPRING (GRANNEY) BROOK (Mine Hill) - Entire length FW2-TM(C1)

SPRING GARDEN BROOK (Florham) - Entire length FW2-NT

STAG (CLOVE) BROOK (Mahwah) - Entire length FW2-TP(C1)

STEPHENS BROOK (Roxbury) - Entire length, including all tributaries, except segment described separately, below FW2-NT(C1) (Berkshire Valley) - That segment north of the boundaries of the Berkshire Valley Wildlife Management Area FW1

STONE HOUSE BROOK (Kinnelon) - Source to Route 23 bridge FW2-NT (Butler) - Route 23 bridge to confluence with Pequannock River FW2-TP(C1)

STONY BROOK (Boonton) – Entire length, including all tributaries FW2-NT(C1)

SURPRISE LAKE (Hewitt) FW1

SWAN POND (Ringwood) FW2-NT(C1)

TAPPAN, LAKE (Old Tappan) FW2-NT(C1)

TELEMARK LAKE (Hibernia) FW2-NT(C1)

TENAKILL BROOK (Demarest) - Entire length, including all tributaries, except Cresskill Brook FW2-NT(C1)

TERRACE POND (Wawayanda) FW2-NT(C1)

TIMBER BROOK (Kitchell) - Entire length, including all tributaries FW2-NT(C1)

TROY BROOK (Troy Hills) - Entire length FW2-NT

WALLACE BROOK (Randolph) - Source downstream to, but not including Hedden Park Lake FW2-TP(C1)

WANAQUE RESERVOIR FW2-TM(C1)

88

Page 93

TRIBUTARIES (Wanaque Reservoir) - All unnamed and unlisted tributaries that drain into Wanaque Reservoir FW2-TM(C1)

WANAQUE RIVER

MAIN STEM

(Wanaque) - Greenwood Lake outlet, through Wanaque Wildlife Management Area and Long Pond Iron Works State Park, including the Monksville Reservoir, to the Monksville Reservoir dam at Stonetown Road, except tributary south of Jennings Creek (Hewitt) described separately below FW2-TM(C1)

(Pompton Lakes) - Wanaque Reservoir dam to Wanaque Ave. bridge including unnamed tributaries FW2-TP(C1)

(Pompton Lakes) - Wanaque Ave. bridge downstream to Pequannock River FW2-TM

TRIBUTARY

(Hewitt) - Entire length of tributary south of Jennings Creek FW2-TP(C1)

WEST BROOK (W. Milford) - Entire length FW2-TP(C1)

WEST POND (Hewitt) FW1

WEYBLE POND (Ringwood) FW2-NT(C1)

WHIPANNY RIVER

(Brookside) - Source to Whitehead Rd. bridge FW2-TP(C1)

(Morristown) - Whitehead Rd. bridge to Rockaway River FW2-NT

TRIBUTARIES

(E. of Brookside) - Entire length FW2-TM(C1)

(E. of Washington Valley) - Entire length FW2-TM

(Gillespie Hill) - Entire length FW2-TP(C1)

(Shongum Mtn.) - Entire length FW2-NT

WONDER LAKE (West Milford) FW2-NT(C1)

WOODBRIDGE CREEK (Woodbridge) - Entire length FW2-NT/SE3

WOODCLIFF LAKE (Woodcliff Lake) FW2-NT(C1)

89

Page 94

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

(g) The following surface water classifications are for waters of the Upper Raritan River and Raritan Bay Basin:

Waterbody Classification
ALLERTON CREEK (Allerton) - Entire length FW2-NT
AMBROSE BROOK (Piscataway) - Entire length FW2-NT
AMWELL LAKE (Syndertown) FW2-NT(C1)
ASSISCONG CREEK (Flemington) - Entire length FW2-NT
BACK BROOK (Vanliew's Corners) - Entire length FW2-NT
BALDWINS CREEK
(Pennington) - Entire length, except segment described separately below FW2-NT
(Baldwin) - Segment within the boundaries of Baldwin Lake Wildlife Management Area FW2-NT(C1)
BEAVER BROOK
(Cokesbury) - Source to Reformatory Road bridge FW2-TP(C1)
(Annandale) - Reformatory Rd. bridge to Beaver Ave., bridge FW2-TM
(Annandale) - Beaver Ave. bridge downstream to South Branch Raritan River, including all tributaries FW2-TP(C1)
BEDEN BROOK (Montgomery) - Entire length FW2-NT
BLACK BROOK (Polktown) - Entire length FW2-TP(C1)
BLACK RIVER - See LAMINGTON RIVER
BLUE BROOK (Mountainside) - Entire length FW2-NT
BOULDER HILL BROOK (Tewksbury) - Entire length FW2-TP(C1)
BOUND BROOK (Dunellen) - Entire length FW2-NT
BUDD LAKE (Mt. Olive) FW2-NT(C1)
TRIBUTARIES
(E. of Budd Lake) - Entire Length FW2-TM
(W. of Budd Lake) - Entire Length FW2-NT
BURNETT BROOK (Ralston) - Entire length FW2-TP(C1)
BUSHKILL BROOK
(Flemington) - Source and tributary downstream to Rt. 31 Bridge FW2-TM
(Flemington) - Rt. 31 bridge downstream to South Branch Raritan River FW2-NT
CAPOOLONG (CAKEPOULIN) CREEK (Sydney) - Entire length FW2-TP(C1)
CHAMBERS BROOK (Whitehouse) - Entire length FW2-NT
COLD BROOK (Oldwick) - Entire length FW2-TP(C1)
CRAMERS CREEK (Hamden) - Entire length FW2-NT
CRUSER BROOK (Montgomery) - Entire length FW2-NT
CUCKELS BROOK (Bridgewater) - Entire length FW2-NT
DAWSONS BROOK (Ironia) - Entire length FW2-TP(C1)
DRAKES BROOK

90

Page 95

(Ledgewood) - Source downstream to Hillside Avenue bridge FW2-TM(C1) (Flanders) - Hillside Avenue bridge to confluence with the South Branch Raritan River FW2-NT(C1) TRIBUTARY (Mt. Olive) - Source downstream to Central Railroad bridge FW2-TP(C1) DUCK POND RUN (Port Mercer) - Entire length FW2-NT DUKES BROOK (Somerville) - Entire length FW2-NT ELECTRIC BROOK (Schooley's Mtn.) - Entire length FW2-TP(C1) FLANDERS BROOK (Flanders) - Entire length FW2-TP(C1) FLANDERS CANAL (Flanders) - Entire length FW2-NT(C1) FROG HOLLOW BROOK (Califon) - Entire length FW2-TP(C1) GLADSTONE BROOK (St. Bernards School) - Entire length FW2-TP(C1) GRANDIN BROOK (see SIDNEY BROOK) GREEN BROOK (Watching) - Source to Rt. 22 bridge FW2-TM (Plainfield) - Route 22 bridge to Bound Brook FW2-NT GUINEA HOLLOW BROOK (Tewksbury) HW2-TP(C1) HACKLEBARNEY BROOK (Hacklebarney) - Entire length FW2-TP(C1) HEATHCOTE BROOK (Kingston) - Entire length FW2-NT HERZOG BROOK (Pottersville) - Entire length FW2-TP(C1) HICKORY RUN (Califon) - Entire length FW2-TP(C1) HOCKHOCKSON BROOK (Colts Neck) - Entire length FW2-TM HOLLAND BROOK (Readington) - Entire length FW2-NT HOLLOW BROOK (Pottersville) - Entire length FW2-TP(C1) HOOKS CREEK LAKE (Cheesequake State Park) FW2-NT(C1) HOOPSTICK BROOK (Bedminster) - Entire length FW2-NT INDIA BROOK (NORTH BRANCH, RARITAN RIVER) (Randolph) - Entire length FW2-TP(C1) KRUEGER'S BROOK - (Flanders) - Entire length FW2-TP(C1) LAKE SOLITUDE (Clinton) FW2-NT(C1) LAMINGTON RIVER (BLACK RIVER) (Succasunna) - Source to Mine Hill Lake, including all tributaries FW2-TP(C1) (Succasunna) - Mine Hill Lake to Rt. 206 bridge, except Ironia tributary and tributary north of Chester described below FW2-NT(C1) (Milltown) - Rt. 206 bridge to confluence with Rinehart Brook, including all unnamed tributaries FW2-TM(C1) (Pottersville) - Confluence with Rinehart Brook to River Road West, including all tributaries FW2-TP(C1) (Burnt Mills) - River Road West to North Branch, Raritan River, including all tributaries FW2-NT(C1) TRIBUTARIES (Ironia) - Source downstream to, but not including, Bryant Pond FW2-TP(C1) (North of Chester) - Entire length, including all tributaries FW2-TM

91

Page 96

LEDGEWOOD BROOK (Ledgewood) - Entire length FW2-TP(C1)

LITTLE BROOK (Califon) - Entire length FW2-TP(C1)

LOMERSON BROOK - See HERZOG BROOK MCVICKERS BROOK (Mendham) - Source to Pleasant Valley Lake, including all tributaries, but not including Cromwell Lake FW2-TP(C1) (Mendham) - From the outlet of Pleasant Valley Lake to North Branch Raritan River FW2-TM(C1)

MIDDLE BROOK (Greater Cross Roads) - Entire length FW2-NT

MIDDLE BROOK EAST BRANCH (Springdale) - Entire length FW2-TM WEST BRANCH (Martinsville) - Entire length FW2-NT MAIN STEM (Bound Brook) - Confluence of East and West branches to Raritan River FW2-NT

MILFORD BROOK (Lafayette Mills) - Entire length FW2-NT MINE BROOK (Mine Brook) - Entire length FW2-NT

TRIBUTARIES (East of Mine Mt.) - Entire length FW2-TP(C1) (South of Mine Mt.) - Source downstream to Douglass Road Bridge FW2-TP(C1)

MULHOCKAWAY CREEK (Pattenburg) - Entire length FW2-TP(C1)

NESHANIC RIVER (Reaville) - Source to Back Brook, except Third Neshanic River described below FW2-NT (Hillsborough) - Back Brook to South Branch Raritan River, including all tributaries FW2-NT(C1)

THIRD NESHANIC RIVER (Copper Hill) - Entire length, including all tributaries, except tributary originating E of Sergeantsville NORTON BROOK (Norton) - Entire length FW2-TP(C1) OAKDALE CREEK (Chester) - Entire length FW2-TP(C1) PEAPACK BROOK (Gladstone) - Entire length FW2-TP(C1) PETERS BROOK (Somerville) - Entire length FW2-NT

PIGEON SWAMP (Pigeon Swamp State Park) - All waters within the boundaries of Pigeon Swamp State Park FW2-NT(C1) PIKE RUN (Belle Meade) - Entire length FW2-NT PLEASANT RUN (Readington) - Entire length FW2-NT

PRESCOTT BROOK (Stanton Station) - Entire length, including all tributaries FW2-TM(C1)

RARITAN BAY - Entire drainage FW2-NT/SE1

RARITAN RIVER NORTH BRANCH (Also see INDIA BROOK) (Pleasant Valley) - Source to, but not including, Ravine Lake FW2-TP(C1) (Far Hills) - Ravine Lake dam to Rt. 512 bridge FW2-TM

92

Page 97

(Bedminister) - Rt. 512 bridge to confluence with South Branch, Raritan River, except tributary SE of Bedminster described below FW2-NT

TRIBUTARIES, NORTH BRANCH RARITAN RIVER (SE of Ravine Lake) - Entire length, including all tributaries FW2-TP(C1) (SE of Bedminster) - Entire length, except the northeast tributary FW2-TP(C1)

SOUTH BRANCH RARITAN RIVER (Mt. Olive) - Source to confluence with first tributary SW of Budd Lake FW2-NT(C1) (Washington) - Confluence with and including first tributary SW of Budd Lake to Lake Solitude, including all tributaries, except tributaries described separately FW2-TP(C1) (Clinton) - Lake Solitude outlet to Spruce Run, including all tributaries FW2-TM(C1) (Clinton) - Spruce Run to downstream end of Packers Island FW2-TM (Clinton) - Downstream end of Packers Island to confluence with and including the first westerly tributary below Main Street (County Route 613) FW2-NT (Three Bridges) - Confluence with the first westerly tributary below Main Street (County Route 613) to Neshanic River, including all tributaries FW2-NT(C1) (Neshanic Sta.) - Neshanic River to confluence with North Branch, Raritan River FW2-NT

TRIBUTARIES, SOUTH BRANCH RARITAN RIVER (E. of Budd Lake Airfield) - Entire length FW2-TM(C1)

MAIN STEM RARITAN RIVER (Bound Brook) - From confluence of North and South Branches to Landing Lane bridge in New Brunswick and all freshwater tributaries downstream of Landing Lane bridge. FW2-NT (Sayreville) - Landing Lane bridge to Raritan Bay and all saline water tributaries SE1

RINEHART BROOK (Hacklebarney) - Entire length FW2-TP(C1)

ROCK BROOK (Montgomery) - Source to Camp Meeting Road, including all tributaries FW2-NT(C1) (Montgomery) - Camp Meeting Road to the confluence of Beden Brook FW2-NT

ROCKAWAY CREEK NORTH BRANCH (Mountainville) - Source to Rt. 523 bridge FW2-TP(C1) (Whitehouse) - Rt. 523 bridge to confluence with South Branch FW2-TM

SOUTH BRANCH

93

Page 98

(Clinton) - Headwaters to Readington Township boundary including all tributaries FW2-TP(C1) (Clinton) - Readington Township boundary to Lake Cushetunk, including all tributaries FW2-TM(C1) (Whitehouse) - Lake Cushetunk to its confluence with main stem Rockaway Creek FW2-TM MAIN STEM (Whitehouse) - Confluence of North and South Branches to Lamington River FW2-NT ROCKY RUN - (Lebanon) - Entire length FW2-TP(C1) ROUND VALLEY RESERVOIR (Clinton) FW2-TP(C1) ROYCE BROOK (Manville) - Entire length FW2-NT SIDNEY BROOK (Grandin) - Headwaters downstream to the Route 513 bridge, including all tributaries FW2-TM(C1) (Grandin) - Route 513 bridge to its confluence with the South Branch Raritan River, including all tributaries FW2-NT(C1) SIMONSON BROOK (Griggstown) - Entire length FW2-NT SIX MILE RUN (Franklin Church) - Entire length, except segment described below FW2-NT (Hillsborough) - Segment within the boundaries of Six Mile Run State Park FW2-NT(C1) SPOOKY BROOK (Bound Brook) FW2-NT SPRUCE RUN (Glen Gardner) - Source to, but not including, Spruce Run Reservoir FW2-TP(C1) (Clinton) - Spruce Run Reservoir dam to Raritan River, South Branch FW2-TM SPRUCE RUN RESERVOIR (Union) - Reservoir and tributaries FW2-TM(C1) STONY BROOK (Washington) - Entire length FW2-TP(C1) STONY BROOK (Hopewell) - Source to Old Mill Road, except that segment described below FW2-NT (Hopewell) - Old Mill Road to Quaker Road FW2-NT(C1) (Carnegie Lake) - Quaker Road to Millstone River, including Carnegie Lake FW2-NT (Snydertown) - Brook and tributaries within Amwell Lake Wildlife Management Area FW2-NT(C1) STONY BROOK (Watchung) - Entire length FW2-NT SUN VALLEY BROOK (Mt Olive) - Entire length FW2-TP(C1) TANNERS BROOK (Washington) - Entire length FW2-NT(C1) TEETERTOWN BROOK (Lebanon) - Entire length FW2-TP(C1) TEN MILE RUN (Franklin) - Entire length FW2-NT TROUT BROOK (Hacklebarney) - Entire length FW2-TP(C1) TURKEY BROOK (Mt. Olive) - Entire length FW2-TP(C1) TURTLEBACK BROOK (Middle Valley) - Entire length FW2-NT(C1) WALNUT BROOK (Flemington) - Entire length FW2-TM

94

Page 99

WILLOUGHBY BROOK (Buffalo Hollow) - Entire length

FW2-TP(C1)

95

Page 100

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

(h) The following surface water classifications are for waters of the Lower Raritan River and Raritan Bay Basin:

Waterbody Classification
BARCLAY BROOK (Redshaw Corners) - Entire length FW2-NT
BEAR BROOK (West Windsor) - Entire length FW2-NT
BIG BROOK (Vanderberg) - Entire length, including all tributaries and lakes FW2-NT(C1)
BLACKBERRY CREEK
(Oceanport) - Source to a line beginning on the easternmost extent of Gooseneck Point and bearing approximately 162 degrees True North to its terminus on the westernmost extent of an unnamed point of land in the vicinity of the western extent of Cayuga Ave. in Oceanport SE1
(Oceanport) - Creek below the line described above SE1(C1)
BRANCHPORT CREEK
(Long Branch) - Source to a line beginning on the northernmost extent of an unnamed point of land lying north of Pocano Ave. in Oceanport and bearing approximately 055 degrees True North to its terminus on the westernmost extent of the northern bulkhead at the lagoon located between France Rd. and Lori Rd. in Monmouth Beach FW2-NT/SE1
(Monmouth Beach) - Creek below line described above SE1(C1)
CEDAR BROOK (Spotswood) - Entire length FW2-NT
CHEESEQUAKE STATE PARK WATERS (S. Amboy) - Fresh waters within the park upstream of the limits of tidal influence FW2-NT(C1)
CLAYPIT CREEK
(Navesink) - Source to widening of the Creek near Linden Ave. and just north to the Locust Ave. bridge in Navesink FW2-NT/SE1
(Navesink) - Widening of Creek to Navesink River SE1(C1)
CRANBURY BROOK (Old Church) - Entire length FW2-NT
DEEP RUN (Old Bridge) - Entire length FW2-NT
DEVILS BROOK (Schalks) - Entire length FW2-NT
GANDER BROOK (Manalapan) - Entire length FW2-NT
GREAT DITCH (S. Brunswick) - That portion of Great Ditch and its tributaries within Pigeon Swamp State Park FW2-NT(C1)
IRELAND BROOK (Paulus Corners) - Entire length FW2-NT
IRESICK BROOK (Spotswood) - Entire length FW2-NT
LAWRENCE BROOK
(Deans) - Source to the intake of the New Brunswick Water Department at Weston's Mill Dam FW2-NT

Page 101

(New Brunswick) - Weston's Mill Dam to Raritan River LITTLE SILVER CREEK (Shrewsbury) - Source to a line beginning on the eastern bank of that unnamed lagoon located between Wardell Ave. and Oakes Rd. in Rumson and bearing approximately 171 degrees T (True North) to its terminus on the south shore of Little Silver Creek (Rumson) - Creek below line described above SE1

MANALAPAN BROOK (Jamesburg) - Source to Duhernal Lake dam, except tributary described separately below (Tennent) - That portion of the tributary at Tennent along the boundary of Monmouth Battlefield State Park FW2-NT/SE1 SE1(C1)

MATCHAPONIX BROOK (WEAMACONK CREEK) (Mount Mills) - Entire length, except segments described below (Freehold) - The brook and tributaries within the boundaries of Monmouth Battlefield State Park FW2-NT FW2-NT(C1)

MCGELLAIRDS BROOK (Englishtown) - Entire length, except tributary described separately below (Freehold) - Tributary within Monmouth Battlefield State Park FW2-NT FW2-NT(C1)

MILLSTONE RIVER (Hightstown) - Entire length MINE BROOK (Colts Neck) - Entire length, including all tributaries NAVESINK RIVER (Red Bank) - Source to a line starting at a point at the northeast end of Blossom Cove, bearing approximately 142 degrees T (True North), through navigational aid C23 to the south bank near Riverview Hospital (Rumson) - River southeast of the line described above, except segment described below (Monmouth Beach) - All water south and east of a line beginning on the northwesternmost point of land on Raccoon Island (in the vicinity of the western extent of Highland Ave.) in Monmouth Beach, and bearing approximately 056 degrees T (True North) to the southernmost point of a small unnamed island, and then bearing approximately 091 degrees T (True North) to its terminus on the northernmost point of land located at the northern extent of Monmouth Parkway in Monmouth Beach and all waters south of a line beginning on the western shoreline (just east of Monmouth Parkway in Monmouth Beach) and bearing approximately 081 degrees T (True North), intersecting Channel Marker Flashing Red 4 and FW2-NT/SE1 SE1(C1)

Page 102

Channel Marker Flashing Red 2 and terminating on the eastern shoreline of the Galilee section of Monmouth Beach.

O A KEYS BROOK (Deans) - Entire length

OCEANPORT CREEK (Fort Monmouth) - Source to a line beginning on the easternmost extent of Horseneck Point and bearing approximately 140 degrees T (True North) to its terminus on the westernmost extent of an unnamed point of land located at the westernmost extent of Monmouth Boulevard in Oceanport (FW2-NT/SE1 SE1(C1)) (Oneanport) - Creek downstream of line described above

PARKERS CREEK (Fort Monmouth) - Source to a line beginning on the easternmost extent of Horseneck Point and bearing approximately 000 degrees T (True North) to its terminus on Breezy Point on the Little Silver side (north) side of the creek (FW2-NT/SE1 SE1(C1) (Fort Monmouth) - Creek downstream of line described above

PINE BROOK (Clarks Mills) - Entire length PINE BROOK (Cooks Mill) - Entire length RAMINESSIN (HOP) BROOK (Holmdel) - Entire length, including all tributaries SANDY HOOK BAY (Sandy Hook) FW2-TM(C1) SE1

SHREWSBURY RIVER (Little Silver) - Source to Rt. 36 highway bridge (Highlands) - Rt. 36 bridge to Sandy Hook Bay SOUTH RIVER (Old Bridge) - Duhernal Lake to intake of the Sayreville Water Department (Sayreville) - Below the intake of the Sayreville Water Department SWIMMING RIVER RESERVOIR (Red Bank) TRIBUTARIES (Swimming River Reservoir) – All unnamed and unlisted tributaries to Swimming River Reservoir SWIMMING RIVER (Red Bank) - Swimming River Reservoir dam to Normandy Road (Red Bank) - Normandy Road to the Navesink River TENNENT BROOK (Old Bridge) - Entire length TEPEHEMUS BROOK (Manalapan) - Entire length TOWN NECK CREEK (Little Silver) - Source to a line beginning on the easternmost extent of the unnamed point of land located just east of Paag Circle on the south bank of Town Neck

FW2-NT SE1 FW2-NT SE1(C1) FW2-NT/SE1 SE1(C1) FW2-NT SE1 FW2-NT SE1 FW2-NT SE1

Page 103

Creek and bearing approximately 095 degrees True North and terminating on Silver Point (Little Silver) - Creek below the line described above WEAMACONK CREEK - See MATCHAPONIX BROOK WEMROCK BROOK (Millhurst) - Entire length, except that segment described below (Monmouth Battlefield State Park) - Those segments of the brook and its tributaries within the boundaries of Monmouth Battlefield State Park WEMROCK POND (Monmouth Battlefield State Park) WILLOW BROOK (Holmdel) - Entire length, including all tributaries YELLOW BROOK (Colts Neck) - Entire length, including all tributaries

FW2-NT/SE1 SE1(C1)

FW2-NT(C1)

FW2-NT(C1)

FW2-NT(C1)

FW2-NT(C1)

99

Page 104

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

(i) The following surface water classifications are for waters of the Wallkill River Basin:

Waterbody Classification
BEARFORT WATERS (Wawayanda) FW2-NT(C1)
BEAVER RUN (Wantage) - Entire length, except tributaries that originate in Wantage Township FW2-NT(C1)
BLACK CREEK
(McAfee) - Source to Rt. 94 bridge, except those tributaries described separately, below FW2-TM
(Vernon) - Rt. 94 bridge to Pochuck Creek FW2-NT
TRIBUTARIES
(Hamburg) - Three tributaries to Black Creek which originate in the former Hamburg Mtn. Wildlife Management Area from their sources to the former Management Area boundaries FW1(tm)
(Rudeville) - Tributaries within the former Hamburg Mtn. Wildlife Management Area not classified as FW1, above FW2-TM(C1)
(McAfee) - Entire length FW2-TP(C1)
(Vernon Valley) - Entire length FW2-NT
BLUE HERON LAKE (Sparta) FW2-NT(C1)
CEDAR SWAMP - See RUTGERS CREEK
CLOVE CREEK (Colesville) - Entire length FW2-TM
CLOVE BROOK
(Wantage) - Source to, confluence with tributary originating from south of Mt. Salem, including all tributaries, except those tributaries described separately below FW2-TM(C1)
(Wantage) — Tributary originating from south of Mt. Salem to Clove Acres Lake FW2-TM
(Sussex) - Clove Acres Lake to Papakating Creek FW2-NT
(High Point) - Those portions of the two northernmost tributaries located entirely within High Point State Park boundaries, immediately east of Lake Marcia FW1(tp)
FRANKLIN POND (Hamburg Mtn.) FW2-NT
TRIBUTARY (Franklin) - Southeastern tributary to Franklin Pond FW2-NT(C1)
FRANKLIN POND CREEK
(Hardyston) - Source to, but not including, Franklin Pond FW2-TP(C1)
(Hamburg Mtn.) - Tributaries within the Hamburg Mtn. Wildlife Management Area FW2-TM(C1)
TRIBUTARY (Hamburg Mtn.) - The first tributary to Franklin Pond Creek just south of Hamburg Mountain, flowing toward the Wallkill River and located entirely within the former Hamburg Mtn. Wildlife Management Area FW1(tm)

Page 105

GLENWOOD BROOK (Glenwood) - Outlet of Glenwood Lake to State line FW2-TM

HAMBURG CREEK (Hamburg Mtn.) - Source to Route 517 bridge, Rudeville, except tributary described separately below FW2-TM(C1) (Hardistonville) - Route 517 bridge to Wallkill River FW2-NT(C1) (Hamburg Mtn.) - The third tributary just southwest of Hamburg Mtn. flowing toward the Wallkill River and located entirely within the Hamburg Mtn. Wildlife Management Area FW1

HANFORD BROOK (Hanford) - Entire length within New Jersey FW2-NT

HAWTHORNE LAKE (Sparta) FW2-NT(C1)

HEATERS POND (Ogdensburg) FW2-NT(C1)

LAKE LOOKOUT (Wawayanda) FW1

LAKE LOOKOUT BROOK (Wawayanda) - Brook and tributaries from source in Newark City holdings, through the Wawayanda State Park, to confluence with the outlet stream from Lake Wawayanda FW1

LAKE RUTHERFORD (Wantage) - The Lake and its tributaries FW1(tm)

LAUREL POND (Wawayanda) - Laurel Pond, including its outlet stream and tributaries, to the outlet stream from Lake Wawayanda FW1

LIVINGSTON PONDS (Wawayanda) - The two northwestern ponds which are within State Park lands FW2-NT(C1)

LIVINGSTON PONDS BROOK (Wawayanda State Park) - Source downstream to State line FW2-TP(C1)

LONG HOUSE BROOK (Upper Greenwood Lake) - Source to State line, except segment described below FW2-NT (Upper Greenwood Lake) - Segment within the boundaries of Hewitt State Forest FW2-NT(C1)

LOUNSBERRY HOLLOW BROOK (Vernon Valley) - Outlet of Glenwood Lake to Pochuck Creek FW2-TM

MOHAWK LAKE (Sparta) - Lake and its tributaries FW2-NT

MORRIS LAKE (Sparta) FW2-NTM(C1)

MUD POND (Hamburg) FW2-NT(C1)

MUD POND OUTLET STREAM (Hamburg) - Outlet stream from the Pond downstream to confluence with Hamburg Creek, including all tributaries FW2-TP(C1)

PAPAKATING CREEK MAIN STEM (Frankford) - Source to Route 629 bridge, including all tributaries FW2-TM(C1) (Wantage) - Route 629 bridge to Lehigh and New England railroad crossing in Wantage Township, including all tributaries, except tributary east of Roys, Lake

101

Page 106

Windsor tributary, and the tributary that drains into Papakating Creek immediately upstream of the Lehigh and New England railroad crossing in Wantage Township (Lewisburg) - Lehigh and New England railroad crossing in Wantage Township to Wallkill River FW2-NT(C1) FW2-NT

WEST BRANCH (Wantage) - Entire length, including all tributaries FW2-NT(C1) LIBERTYVILLE TRIBUTARY (Libertyville) - Entire length, except Herzenberg Lake tributary and the tributary south of Herzenberg Lake FW2-NT(C1) FW2-NT(C1)

PARKER LAKE (Wawayanda) POCHUCK CREEK (Vernon) - Source to State line, except segment described separately below FW2-NT FW2-NT(C1) (High Point) - Segment within State Park lands

QUARRYVILLE BROOK - See WILLOW BROOK RUTGERS CREEK (Mt. Salem) - All unnamed tributaries from source to State line FW2-NT FW2-NT(C1) (High Point) - The Cedar Swamp headwaters of the tributary to Rutgers Creek located entirely within the High Point State Park boundaries just south of the State line

SAGINAW, LAKE (Sparta) SAND HILLS BROOK (Hamburg Mtn.) - The upstream portion of Sand Hills Brook, including the pond at its headwaters, located entirely within the boundaries of the Hamburg Mtn. Wildlife Management Area FW1 FW1 (Hamburg) - Brook and tributaries beyond Management Area boundaries FAW2-NT

SAWMILL POND BROOK (W. Milford) - Entire length, except segment described separately below FW2-NT (Wawayanda) - Segment within the boundaries of Wawayanda State Park FW2-NT(C1) FW2-NT(C1)

SILVER LAKE (Hamburg Mtn.) SPARTA GLEN BROOK (Sparta) - Entire length FW2-TP(C1) FW2-TP(C1) SPRING BROOK (Maple Grange) - Entire length FW2-TP(C1) FW2-NT(C1) SUMMIT LAKE (Hardyston) SUNSET LAKE (Sparta) TAMARACKS LAKE (Hardyston) TOWN BROOK (Vernon) - Entire length FW2-NT FW2-TM

WALLKILL RIVER (Sparta) - Source to confluence with Sparta Glen Brook FW2-NT(C1)

102

Page 107

(Franklin) - Sparta Glen Brook to, but not including, Franklin Pond, including all unnamed and unlisted tributaries FW2-TM(C1)
(Wantage) - Outlet of Franklin Pond to confluence with Beaver Run, including all unnamed and unlisted tributaries FW2-NT(C1)
(Wantage) - Confluence with Beaver Run to Glenwood Road FW2-NT
(Wantage) - Glenwood Road to confluence with Wantage Brook, including all unnamed and unlisted tributaries FW2-NT(C1)
(Wantage) - Confluence with Wantage Brook to State line FW2-NT
TRIBUTARIES
(Sparta) - Entire length but not including Lake Saginaw FW2-TP(C1)
(Sparta) - Unnamed standalone stream South of Pimple Hills FW2-NT(C1)
(Ogdensburg) - Entire length FW2-TP(C1)
(East of Quarryville) - Unnamed standalone stream segment east of Willow (Quarryville) Brook FW2-NT(C1)
WANTAGE BROOK (Wantage) - Entire length, including all tributaries FW2-NT
WAWAYANDA CREEK
(Vernon) - State line to Pochuck Creek, except unnamed tributary described below FW2-TM
TRIBUTARIES
(Wawayanda) - Source to State line FW2-NT
(Wawayanda State Park) - Segments within State Park boundaries, except Livingston Ponds Brook as noted above FW2-NT(C1)
WAWAYANDA LAKE (Wawayanda) FW2-TM(C1)
WHITE LAKE (Sparta) FW2-TM(C1)
WILDCAT BROOK (Franklin) - Entire length, including all tributaries FW2-NT(C1)
WILDWOOD LAKE (Hamburg Mountain) FW2-NT(C1)
WILLOW (QUARRYVILLE) BROOK (Wantage) - Entire length, including all tributaries FW2-TM

103

Page 108

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

(j) FW1 waters are listed by tract within basins:

ATLANTIC COASTAL PLAIN BASIN

ALLAIRE STATE PARK

MANASQUAN RIVER WATERSHED

Those portions of the first and second southerly tributaries to the Manasquan River, which are west of Hospital Rd. and are located entirely within the boundaries of Allaire State Park

The easterly tributary to Mill Run upstream of Brisbane Lake, located entirely within the boundaries of Allaire State Park

BASS RIVER STATE FOREST

BASS RIVER WATERSHED

Tommy's Branch from its headwaters downstream to the Bass River State Forest Recreation Area service road

Falkenburg Branch of Lake Absegami from its headwaters to the Lake

GREENWOOD FOREST WILDLIFE MANAGEMENT AREA

CEDAR CREEK WATERSHED

Webbs Mill Branch and tributaries, located entirely within the Greenwood Forest Wildlife Management Area boundaries

Chamberlain's Branch from its origins to a point 1000 feet west of Route 539

Those portions of the tributaries to Chamberlain's Branch originating and wholly contained within the boundaries of the Greenwood Forest Wildlife Management Area

WADING RIVER WATERSHED

Westerly tributary to the Howardsville Cranberry Bog Reservoir and other tributaries that are located entirely within the boundaries of the Greenwood Forest Wildlife Management Area

ISLAND BEACH STATE PARK

BARNEGAT BAY WATERSHED

All freshwater ponds in Island Beach State Park

Page 109

LESTER G. MACNAMARA WILDLIFE MANAGEMENT AREA

TUCKAHOE PUBLIC FISHING HUNTING GROUNDS

WHARTON STATE FOREST

GREAT EGG HARBOR RIVER WATERSHED Hawkins Creek and tributaries and the next adjacent, northern stream and tributaries that enter the Great Egg Harbor River, from their origins downstream to where the influence of impoundment begins

See LESTER G. MACNAMARA WILDLIFE AND MANAGEMENT AREA

MULLICA RIVER WATERSHED Deep Run and tributaries from their headwaters downstream to Springer's Brook

Skit Branch and tributaries from their headwaters downstream to the confluence with Robert's Branch

Tulpehocken Creek and tributaries from their sources downstream to the confluence with Featherbed Branch

The westerly tributaries to Tulpehocken Creek and those natural ponds within the lands bounded by Hawkins (Bulltown-Hawkins) Rd., Hampton Gate (Tuckerton) Rd., and Sandy Ridge Rd.

Stream in the southeasterly corner of the Wharton State Forest, located between Ridge Rd. and Seaf Weeks Rd. downstream to the boundaries of Wharton State Forest

Brooks and tributaries to the Mullica River between and immediately to the west of Tylertown and Crowleytown, from their headwaters downstream to the head of tide at mean high water

The easterly branches of the Batsto River from Batsto Village upstream to the confluence with Skit Branch

Gun Branch from its headwaters downstream to U.S. Route 206

105

Page 110

DELAWARE RIVER BASIN

ALLAMUCHY STATE PARK

MUSCONETCONG RIVER WATERSHED

All those tributaries to Deer Park Pond and its outlet stream, that are located entirely within the boundaries of Allamuchy State Park

PEQUEST RIVER WATERSHED

All tributaries that are located entirely within Allamuchy State Park and flow into Allamuchy Pond

BELLEPLAIN STATE FOREST

EAST CREEK WATERSHED

All tributaries to Lake Nummi from their origins downstream to the Lake.

Those two tributaries to Savages Run and portions thereof downstream of Lake Nummi, which are located entirely within the Belleplain State Forest boundaries

A stream and its tributaries that originate just south of East Creek Mill Rd., 1.2+ miles north-northeast of Eldora, and are located entirely within the boundaries of Belleplain State Forest

WEST CREEK WATERSHED

The portion of the tributary to West Creek that originates about 0.9 miles southeast of Hoffman's Mill and is located entirely within the boundaries of Belleplain State Forest

Eastern branch of the easterly tributary to Pickle Factory Pond from its origin to its confluence with the western branch

Those tributaries to the stream which enter West Creek approximately 0.5 miles upstream of Hoffman's Mill and which are located entirely within the boundaries of Belleplain State Forest

COLLIERS MILLS WILDLIFE MANAGEMENT AREA

CROSSWICKS CREEK WATERSHED

All tributaries to Lahaway Creek originating in the Colliers Mills Wildlife Management Area north-northeast of Archers Corner, from their origins downstream to the boundaries of the Colliers Mills Wildlife Management Area

106

Page 111

DELAWARE WATER GAP NATIONAL RECREATION AREA

DELAWARE RIVER WATERSHED All tributaries to Flat Brook flowing from the Kittatinny Ridge and located entirely within the boundaries of the Delaware Water Gap National Recreation Area

Rundle Brook upstream of Sussex County Route 615

Smith Ferry Brook

Donkey's Corner Brook

Sambo Island Brook and Pond

Coppermine Brook in Pahaquarry

Dunnfield Creek to Route I-80

DIX WILDLIFE MANAGEMENT AREA

MIDDLE MARSH CREEK WATERSHED All fresh waters which originate in and are located entirely within the boundaries of the Dix Wildlife Management Area

EDWARD G. BEVAN WILDLIFE MANAGEMENT AREA

MAURICE RIVER WATERSHED Joshua and Pine Branches of Buckshutem Creek to their confluences with Buckshutem Creek

Gravelly Run downstream to the boundaries of the Edward G. Bevan Wildlife Management Area

NANTUXENT CREEK WATERSHED Cedar and Mile Branches to Shaw's Mill Pond

DIVIDING CREEK WATERSHED Those tributaries to Cedar Creek which originate in and are located entirely within the boundaries of the Edward G. Bevan Wildlife Management Area

Those portions of tributaries to Dividing Creek, located entirely within the boundaries of the Edward G. Bevan Wildlife Management Area

107

Page 112

FLATBROOK-ROY WILDLIFE MANAGEMENT AREA

FLAT BROOK WATERSHED The tributary to Little Flat Brook which originates north of the Bevans-Layton Rd., downstream to the first pond adjacent to the Fish and Game headquarters building

Two tributaries to Flat Brook which originate along Struble Rd. in Stokes State Forest, downstream to the confluence with Flat Brook within Flatbrook-Roy Wildlife Management Area boundaries

GLASSBORO WILDLIFE MANAGEMENT AREA

MAURICE RIVER WATERSHED The portion of a branch of Little Ease Run situated immediately north of Stanger Avenue, and entirely within the Glassboro Wildlife Management Area

First and second easterly tributaries to Little Ease Run north of Academy Road

HIGH POINT STATE PARK AND STOKES STATE FOREST

CLOVE BROOK WATERSHED The second and third northerly tributaries to Clove Brook, those tributaries to Steeny Kill Lake, Steeny Kill Lake, and those downstream of the Lake which originate in High Point State Park, downstream to the confluence with Clove Brook or to the boundaries of High Point State Park

The northerly tributaries to Mill Brook due west of Steeny Kill Lake, within the High Point State Park boundaries

FLAT BROOK WATERSHED All surface waters of the Flat Brook drainage within the boundaries of High Point State Park and Stokes State Forest except the following:

(1) Saw Mill Pond and Big Flat Brook downstream to the confluence with Flat Brook; (2) Mashipacong Pond and its outlet stream (Parker Brook) to the confluence with Big Flat Brook; (3) Lake Wapalanne and its outlet stream to the confluence with Big Flat Brook; (4) Lake Ocquittunk and waters connecting it with Big Flat Brook;

108

Page 113

(5) Stony Lake and its outlet stream (Stony Brook) downstream to the confluence with the Big Flat Brook;

(6) Kittatinny Lake, that portion of its inlet stream outside the Stokes State Forest boundaries, and its outlet stream, including the Shotwell Camping Area tributary, to the confluence with Big Flat Brook;

(7) Deer Lake and its outlet stream to Lake Ashroe;

(8) Lake Ashroe, the portions of its tributaries outside the Stokes State Forest boundaries, and its outlet stream to the confluence with Big Flat Brook;

(9) Lake Shawanni and its outlet stream to the confluence with Flat Brook;

(10) Crigger Brook and its tributary to the confluence with Big Flat Brook

SHIMERS BROOK WATERSHED The portion of Shimers Brook and its tributaries that are located within the boundaries of High Point State Park

JOHNSONBURG NATURAL AREA PEQUEST RIVER WATERSHED Mud Pond and its outlet stream, Bear Creek, to the Erie-Lackawanna Railroad trestle, north of Johnsonburg

BRENDAN T. BYRNE STATE FOREST RANCOCAS CREEK WATERSHED Deer Park Branch and tributaries near Buckingham, downstream to the confluence with Pole Bridge Branch

Tributaries to the South Branch of Mount Misery Brook located entirely within the boundaries of BRENDAN T. BYRNE State Forest

Cooper Branch and tributaries downstream to Pakim Pond and those tributaries to Coopers Branch downstream of Pakim Pond that are located entirely within the boundaries of BRENDAN T. BYRNE State Forest

Shinns Branch and tributaries located entirely within the boundaries of BRENDAN T. BYRNE State Forest, from their sources to the forest boundary

Jade Run located entirely within the boundaries of BRENDAN T. BYRNE State Forest

109

Page 114

MacDonalds Branch and tributaries located entirely within the boundaries of BRENDAN T. BYRNE State Forest, from their sources to the forest boundary

MILLVILLE FISH AND GAME TRACT See EDWARD G. BEVAN WILDLIFE MANAGEMENT AREA

PASADENA WILDLIFE MANAGEMENT AREA RANCOCAS CREEK WATERSHED The two easterly branches of the South Branch of Mount Misery Brook, located entirely within the boundaries of the Pasadena Wildlife Management Area

PEASELEE WILDLIFE MANAGEMENT AREA MAURICE RIVER WATERSHED Middle Branch of Muskee Creek from its origin to the boundaries of the Peaselee Wildlife Management Area

Cedar Branch of the Manumuskin River, from its origin to the boundaries of the Peaselee Wildlife Management Area

Those portions of tributaries to Slab Branch located entirely within the boundaries of the Peaselee Wildlife Management Area

WASHINGTON CROSSING STATE PARK STEELE RUN WATERSHED That portion of Steele Run, located within the boundaries of Washington Crossing State Park, to the confluence with the westerly tributary

WHITTINGHAM WILDLIFE MANAGEMENT AREA PEQUEST RIVER WATERSHED Northwesterly tributaries to the Pequest River, including Big Spring, located within the boundaries of the Whittingham Wildlife Management Area southwest of Springdale, from their origins to their confluence with the Pequest River

WORTHINGTON STATE FOREST DELAWARE RIVER WATERSHED Sunfish Pond and its outlet stream to the Delaware River. All unnamed waters located entirely within the boundaries of the Worthington State Forest

110

Page 115

Dunnfield Creek to I-80

WANAQUE RIVER WATERSHED Portions of Cooley Brook and tributaries which originate and are located entirely within the boundaries of Hewitt State Forest

Surprise Lake

Portions of Green Brook and tributaries which originate and are located entirely within the boundaries of Hewitt State Forest

West Pond

WILDLIFE MANAGEMENT AREA

ROCKAWAY RIVER WATERSHED Stephens Brook north of the boundaries of the Berkshire Valley Wildlife Management Area

PEQUANNOCK RIVER WATERSHED Cedar Pond and all tributaries

Hanks Pond and all tributaries

Tributary to Pequannock River at Green Pond Junction from its origin downstream to Route 23

Tributary joining the main stem of the Pequannock River 3500+ feet southeast of the Sussex-Passaic County line, near Jefferson from its origin to about 2000 feet upstream of the pond

Pacack Brook and its tributaries upstream of Canistear Reservoir, located entirely within the boundaries of the Newark watershed and Wawayanda State Park

Cherry Ridge Brook and its tributaries north of Canistear Reservoir, located entirely within the boundaries of the Newark watershed lands and Wawayanda State Park

The southern branch of the easterly tributary to Canistear Reservoir

111

Page 116

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

Pequannock River and tributaries upstream of the confluence with Pacack Brook

The northwestern tributary to Oak Ridge Reservoir

The portion of the westerly tributary to Lake Stockholm Brook, from its origins to about 1000 feet south of the Route 23 Bridge, located entirely within the boundaries of the Newark watershed

Lud-Day Brook downstream to its confluence with the southwestern outlet stream from Clinton Reservoir just upstream of the confluence of the outlet stream and a tributary from Camp Garfield

Brook between Hamburg Turnpike and Vernon-Stockholm Road, downstream to its confluence with Lake Stockholm Brook, north of Rt. 23

RARITAN RIVER BASIN NONE

WALLKILL RIVER BASIN

CITY OF NEWARK HOLDINGS AND WAWAYANDA STATE PARK LAKE LOOKOUT BROOK WATERSHED Lake Lookout, Lake Lookout Brook and tributaries from its headwaters in the Newark City holdings, downstream through the State-owned Wawayanda State Park to the confluence with the outlet stream from Lake Wawayanda

HAMBURG MOUNTAIN WILDLIFE MANAGEMENT SAND HILLS BROOK WATERSHED The upstream portion of Sand Hills Brook, including the pond at its headwaters, located entirely within the boundaries of the Hamburg Mtn. Wildlife Management Area

BLACK CREEK WATERSHED All those portions of three tributaries to Black Creek originating in the Hamburg Mtn. Wildlife Management Area, from their origin downstream to the Management Area boundaries

Page 117

FRANKLIN POND CREEK WATERSHED The first tributary to Franklin Pond Creek just south of Hamburg Mountain, flowing toward the Wallkill River and located entirely within the Hamburg Mtn. Wildlife Management Area

HAMBURG CREEK WATERSHED The third tributary just southwest of Hamburg Mountain, which flows toward the Wallkill River and is located entirely within the Hamburg Mtn. Wildlife Management Area

HIGH POINT STATE PARK CLOVE RIVER WATERSHED Those portions of the two northernmost tributaries to Clove River which are located entirely within the boundaries of High Point State Park, and are immediately east of Lake Marcia

RUTGERS CREEK WATERSHED The Cedar Swamp headwaters of the tributary to Rutgers Creek, located entirely within the boundaries of High Point State Park, just south of the New Jersey-New York state line

SUSSEX BOROUGH WATER SUPPLY LAND LAKE RUTHERFORD WATERSHED Lake Rutherford and tributaries, located northwest of Colesville

WAWAYANDA STATE PARK LAUREL POND WATERSHED Laurel Pond, and its outlet stream and tributaries downstream to the outlet stream from Lake Wawayanda

(k) The following are the Outstanding National Resource Waters of the State:

  1. FW1 Waters; and
  2. PL Waters.

113

Page 118

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

7:9B-1.16 Water quality standards variances

(a) A water quality standards (WQS) variance is subject to 40 CFR 131.14 and 40 CFR 131.20(b). The USEPA must review and approve the variance prior to implementation of any WQS variance. A WQS variance may be initiated either by the Department or at the request of a permittee.

(b) The WQS variance policies are, as follows:

  1. A WQS variance serves as the interim applicable water quality standard for the term of the WQS variance when implementing: i. NJPDES permitting requirements pursuant to N.J.A.C. 7:14A; or ii. Certifications under Section 401 of the Federal Act;

  2. A WQS variance may be adopted for a permittee, waterbody, or waterbody segment, and only applies to the permittee, waterbody, or waterbody segment specified in the WQS variance;

  3. Where a WQS variance is established, the underlying criterion and designated use pursuant to N.J.A.C. 7:9B-1.14 and 1.15 shall be retained by the Department. All other standards not specifically addressed by the WQS variance also remain in effect;

  4. A permittee requesting a WQS variance must demonstrate, to the satisfaction of the Department, that the water quality standards cannot be met due to one or more of the following conditions: i. Naturally occurring pollutant concentrations prevent the attainment of the use; ii. Natural-, ephemeral-, intermittent-, or low-flow conditions or water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating State water conservation requirements to enable uses to be met; iii. Human-caused conditions or sources of pollution prevent the attainment of the use and cannot be remedied or would cause more environmental damage to correct than to leave in place; iv. Dams, diversions, or other types of hydrologic modifications preclude the attainment of the use, and it is not feasible to restore the waterbody to its original condition or to operate such modification in a way that would result in the attainment of the use; v. Natural features of the waterbody, such as cover, flow, depth, pools, riffles, or lack of a proper substrate, that create physical conditions unrelated to water quality, and preclude attainment of aquatic life protection uses; or vi. Controls more stringent than those required by sections 301(b) and 306 of the Federal Act would result in substantial and widespread economic and social impact, as determined in accordance with the USEPA Interim Economic Guidance for Water Quality Standards (EPA-823-B-95-002), Clean Water Act Financial Capability Assessment Guidance (EPA-800-B-21-001), and as supplemented and amended;

  5. A WQS variance requested by a new or expanded permittee for an aquatic life criterion specified at N.J.A.C. 7:9B-1.14 that would likely jeopardize the continued existence of any endangered or threatened species, as listed at section 7 of the Federal Endangered Species Act of 1973 (16 U.S.C. §§ 1531 et seq.), or result in the destruction or adverse modification of such species' critical habitat shall not be granted;

Page 119

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

  1. A WQS variance may not be adopted if the designated use and criterion addressed by the WQS variance can be achieved by implementing technology-based effluent limits required pursuant to sections 301(b) and 306 of the Federal Act; and
  2. A WQS variance for thermal discharge shall be consistent with section 316(a) of the Federal Act and N.J.A.C. 7:9B-1.5(c)9 and (h)2i(3) in lieu of this section.

(c) A permittee requesting a WQS variance to satisfy one of the conditions listed at (b)4 above must submit the following:

  1. Ambient, influent, and effluent data collected, in accordance with a Department-approved quality assurance project plan;
  2. For a substance or substances that the permittee alleges is naturally occurring, a justification that includes an investigation of the anthropogenic sources of the substance or substances to the receiving stream upstream of the discharge point;
  3. A review of possible sources of the substance or substances in the effluent, including, but not limited to, processes on-site, legacy contamination, and influent sources, such as industrial users discharging to a sanitary treatment plant;
  4. A review of existing technology installed on-site to treat the influent for the substance or substances of concern and the date that the existing technology was first implemented;
  5. A review of any additional technologies that would lower the effluent concentrations of the substance or substances of concern and the associated cost to implement such technology;
  6. Information required to determine the affordability of such technology using the USEPA Interim Economic Guidance for Water Quality Standards (EPA-823-B-95-002), Clean Water Act Financial Capability Assessment Guidance (EPA-800-B-21-001), as supplemented and amended;
  7. For a WQS variance to a waterbody or waterbody segment, identification of any cost-effective and reasonable best management practices for nonpoint source controls related to the substance or substances and waterbody or waterbody segment specified in the WQS variance that could be implemented to make progress towards attaining the underlying designated use and criterion;
  8. Documentation demonstrating the highest attainable condition (HAC) for the substance(s). A HAC must be based on the following:

i. For a permittee-specific WQS variance:

(1) The highest attainable interim criterion; (2) The interim effluent condition that reflects the greatest pollutant reduction achievable; or (3) The interim criterion or interim effluent condition that reflects the greatest pollutant reduction achievable with the pollutant control technologies installed at the time the Department adopts the WQS variance, and the adoption and implementation of a Pollutant Minimization Program (PMP), if no additional feasible pollutant control technology can be identified; and

ii. For a WQS variance applicable to a waterbody or waterbody segment:

(1) The highest attainable interim use and interim criterion; or (2) The interim use and interim criterion that reflects the greatest pollutant reduction achievable with the pollutant control technologies installed at the time the Department adopts the WQS variance, and the adoption and

Page 120

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

implementation of a PMP, if no additional feasible pollutant control technology can be identified;

  1. A proposed term, including documentation justifying that the proposed term is only as long as necessary to achieve the HAC;

  2. A Pollutant Minimization Program, including: i. Pollutant control activities that the permittee proposes to take during the term of the WQS variance, including identification and quantification of source(s) of substance(s) within the permittee’s collection system and evaluation of on-site strategies to minimize the discharge of a substance or substances and in the collection system to the maximum extent practicable; and ii. A schedule for implementing the PMP; and

  3. Where applicable, documentation supporting the WQS variance must be submitted justifying the use and value of the waterbody pursuant to section 131.10(a) of the Federal Act for uses that are not specified at section 101(a)(2) of the Federal Act.

(d) A permittee requesting a WQS variance to a use specified at section 101(a)(2) of the Federal Act or a sub-category of such a use shall demonstrate that attaining the designated use and criterion is not feasible throughout the term of the WQS variance because:

  1. One of the factors listed at (b)4 above is met; or
  2. Actions necessary to facilitate lake, wetland, or stream restoration through dam removal or other significant reconfiguration activities preclude attainment of the designated use and criterion while the actions are being implemented.

(e) For a WQS variance term longer than five years, the Department shall reevaluate the WQS variance at least once every five years.

  1. A permittee shall submit the following for a reevaluation: i. A report with the submittal requirements listed at (c) above with the NJPDES permit renewal application pursuant to N.J.A.C 7:9B-1.14; ii. Documentation of whether, and to what extent, the PMP was implemented and the water quality progress achieved; and iii. An updated PMP for the subsequent five-year permit cycle.

  2. The Department shall take the following actions in response to reevaluation submittals: i. Approve and authorize the WQS variance for an additional five years, if the reevaluation submittal is satisfactory; ii. Propose a permit action to revise the WQS variance if the submittal fails to meet the requirements or the submittal indicates a revised HAC is appropriate; or iii. Suspend the WQS variance if the permittee does not submit the information required for the revaluation of the WQS variance at the frequency specified at N.J.A.C. 7:9B. The variance may be reinstated when this information is submitted and approved by the Department.