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Where does the ESA grant condition apply in NJ?

Where does the ESA grant condition apply in NY?

What needs to be included in the request to EPA?

Environmentally Sensitive Area (ESA) Grant Condition Waiver Program

Starting in October 1979 and continuing for nearly a decade thereafter, EPA Region 2 applied a special condition to many wastewater facilities’ construction grants (see Federal Register, Vol. 43, No. 188, September 27, 1978) to protect "Environmentally Sensitive Areas” (ESAs) from induced development. ESAs are generally, but not limited to, wetlands and floodplains. The condition was applied to both new treatment facilities and/or the expansion of existing facilities including treatment plants, pump stations, force mains, interceptors, collection systems and federally-funded individual systems.

Some Frequently Asked Questions About ESAs

What does the ESA grant condition do?
This grant condition restricts Grantees (Municipalities and Sewerage Authorities) from providing sewer connections for new development to be located on parcels containing ESAs for a period of 50 years from the date that the Environmental Assessment and Finding of No Significant Impact (EA/FNSI) was issued for the wastewater collection and/or treatment facility concerned.  Specifically, the agreement prohibited discharge of wastewater from any building, facility or other construction on any parcel of land within wetlands and/or the 100-year floodplain that was undeveloped as of the date of the EA/FNSI, unless approved in writing by EPA Region 2.  The required approval is called a "waiver."

What is a waiver?
A "waiver" is an exemption to the ESA grant condition granted by the EPA Region 2, allowing the connection of a project proposed for a parcel containing ESAs to be connected to the federally-funded sewage treatment works.  In cases where ESAs will remain on the parcel in question after construction of the proposed project, a “partial waiver” will be issued.
A waiver is usually issued when the entirety of ESAs on the parcel in question will be filled and no longer exist after construction of the proposed project. Consequently the sewer hookup restriction will not be in effect for the parcel in question once the project is completed.
A partial waiver is issued when some amount of ESAs will remain on a parcel after the construction of the proposed project. A partial waiver allows for the connection of the proposed project as noted in the project site plan only; the ESA grant condition will remain in place on the remaining ESAs on the parcel. Consequently, should additional construction be proposed for the parcel in question at a later date, another waiver would be required.

Both waivers and partial waivers allow the connection of the proposed project as noted in the project site plan that is submitted. If any modifications are made to the project site plan, a resubmittal is required.

Why does the waiver program exist?
Grants for construction of sewage treatment conveyances and facilities have been found to promote and/or support development in ESAs unless adequate safeguards against encroachment into these areas are provided.  The goal of the ESA grant condition is to minimize the impacts from induced development; more specifically, "to reduce the risk of flood loss, to minimize the impacts of floods on human safety, health and welfare, . . ." (Executive Order 11988) and “to minimize the destruction, loss or degradation of wetlands" (Executive Order 11990).

How do I know if my project requires a waiver?
Check the list of NJ and NY Grantees that have construction grants upon which the ESA Grant Condition has been placed.  Then contact the Grantee in question to determine whether your particular project is affected by the ESA Grant Condition. Please note that project areas for individual grants may cross municipal boundaries; accordingly, a parcel located within one municipality may be served by sewage infrastructure in an entirely different municipality. Ask your local planning board for clarification if there is uncertainty over what infrastructure will be used to convey and treat sewage from the proposed project.

Who requests the waiver?
The Grantee (not the property owner, developer, or contractor) is required to obtain approval from EPA Region 2 on a lot-by-lot basis for waivers of the ESA grant condition.  The Grantee is responsible for submitting all the required documents to the EPA for review.  Contractors, builders, developers, and land owners must coordinate with and provide the required information to the Grantee for submittal to the EPA.

How is the extent of ESAs determined?
All facility plans prepared for the conditioned construction grant projects were required to provide detailed mapping of environmentally sensitive areas and existing land uses within the service area of the proposed wastewater facilities. This mapping delineated the extent of the undeveloped parcels within or containing ESAs. However, it should be noted that it was anticipated that the boundaries of ESAs would change over the years; therefore the ESA grant condition restriction only applies to the most current geographic extent of ESAs. Accordingly, project sponsors should utilize the assistance of trained professionals in delineating the geographic extent of ESAs on the parcel in question.  

What does EPA consider in approving a waiver?
Generally, the decision on whether to waive the special grant condition is based upon the following factors (Waiver Review Criteria [PDF 25 KB, 1 pp] ):

How does the grantee address the factors considered by EPA in approving a waiver?
In order to address these issues, EPA has created a list of items that must be included in a Waiver Request Package.

How much time does it take to receive a waiver from EPA?
Normally, EPA’s review of waiver requests takes from 6-8 weeks. The submission of expired permits and/or LOIs, inconsistencies in the material, and/or failure to include any of the required elements could result in substantial delays in waiver request processing.

Who receives the waiver approval notification?
If, in consideration of the supporting information submitted (please refer to the Waiver Review Package for details), EPA Region 2 has determined that the impacts from the proposed project to ESAs will be negligible, or have otherwise been sufficiently mitigated, an approval letter will be issued to the Grantee, permitting the hookup of the project to the federally-funded sewage treatment works.

What happens when a waiver is denied?
If, in consideration of the supporting information submitted (please refer to the Waiver Review Package for details), EPA Region 2 has determined that the impacts from the proposed project to ESAs will be considerable, avoidable, or have not been sufficiently mitigated, a letter denying the waiver will be issued to the Grantee.  Accordingly, hookup of the project to the federally-funded sewage treatment works will not be approved.

Waiver Request Packages

New Jersey Waiver Request Checklist [PDF 87 KB, 1 pp]

New Jersey (outside Pinelands)


Please Identify

Include a Copy of the Following

  • Sewerage Authority:
  • Construction Grant #:
  • Project Name:
  • State/ County/ Town/ Address of project including zip code:
  • Block/Lot #:
  • A letter from the grantee requesting that the waiver application be approved.
  • A project site plan, including clear local and regional maps, a delineation of onsite wetlands and floodplains, as well as any mitigation measures that are proposed.
  • A copy of an NJDEP Letter of Interpretation (LOI).
  • A copy of any Federal & Statewide Wetlands Permit(s), Water Quality Certificates, Transition Area Waivers/Averaging Plans, Stream Encroachment Permits, Coastal Area Facility Review Act (CAFRA) Permits OR copies of the dated and signed applications sent to NJDEP for any or all of the aforementioned permits.
  • A copy of an NJDEP Treatment Works Approval (TWA) OR a dated and signed copy of the application sent to NJDEP for a TWA OR a copy of the Areawide Water Quality Management Plan (AWQMP) consistency determination received from NJDEP OR a dated and signed copy of the application sent to NJDEP for an AWQMP consistency determination.
  • A copy of local planning approvals.
  • A project summary statement which includes information on the available infrastructure for the proposed project.

 New Jersey (within Pinelands)


Please Identify

Include a Copy of the Following

  • Sewerage Authority:
  • Construction Grant #:
  • Project Name:
  • State/ County/ Town/ Address of project including zip code:
  • Block/Lot #:
  • A letter from the grantee requesting that the waiver application be approved.
  • A project site plan, including clear local and regional maps, a delineation of onsite wetlands and floodplains, as well as any mitigation measures that are proposed.
  • A Certificate of Filing or Waiver from Strict Compliance issued by the Pinelands Commission.
  • A copy of an NJDEP Treatment Works Approval (TWA) OR a dated and signed copy of the application sent to NJDEP for a TWA OR a copy of the Areawide Water Quality Management Plan (AWQMP) consistency determination received from NJDEP OR a dated and signed copy of the application sent to NJDEP for an AWQMP consistency determination.
  • A copy of local planning approvals.
  • A project summary statement which includes information on the available infrastructure for the proposed project.

New York Waiver Request Checklist [PDF 84 KB, 1 pp]

New York


Please Identify

Include a Copy of the Following

  • Sewerage Authority:
  • Construction Grant #:
  • Project Name:
  • State/ County/ Town/ Address of project including zip code:
  • Block/Lot #:
  • A letter from the grantee requesting that the waiver application be approved.
  • A project site plan, including clear local and regional maps, a delineation of onsite wetlands and floodplains, as well as any mitigation measures that are proposed.
  • A copy of any Federal, Statewide, and local Wetlands Permit(s), Water Quality Certificates, State Environmental Quality Review Act (SEQRA) documents OR copies of the dated and signed applications sent to U.S. Army Corps of Engineers/NYSDEC/municipalities for any or all of the aforementioned permits.
  • A copy of local planning approvals.
  • A project summary statement which includes information on the available infrastructure for the proposed project.

If the above listed are complete and included in the submittal package, review of waiver requests takes from 6 to 8 weeks. Failure to include any of these items could result in substantial delays in processing these requests.

ESA Grant Condition(s) listed by County:

New Jersey Grantees with ESA Grant Condition
listed by County


Atlantic
  Little Egg Harbor Collection System
Bergen
  Old Tappan
  Ridgewood
  Wyckoff Sanitary Sewage Collection System
  Bergen County Municipal Utilities Authority: Joint Meeting Extension
Burlington
  Bordentown Sewerage Authority
  Burlington County
  Mount Laurel Municipal Utilities Authority
Camden
  Camden County Municipal Utilities Authority (MUA)
  Camden County MUA II
Cape May
  Cape May County Municipal Utilities Authority MUA: Wildwood/Lower Region
  Cape May County MUA: Cape May Region
  Cape May County MUA: Minor Repairs
  Cape May County MUA: Ocean City Ocean Outfall
  Cape May County MUA: Seven Mile/Middle Region
Cumberland
  Landis Sewerage Authority
Hudson
  Hudson County Utilities Authority (UA)Facility Plan
  Hudson County UA: Planning Area I
  Hudson County UA: Planning Area I: Jersey City
  Hudson County UA: Planning Area II: Bayonne
  Hudson County UA: Planning Area III: North Bergen, West New York & Hoboken
  North Hudson
Hunterdon
  Clinton
  Readington Township/Three Bridges
  Readington Township/White House
  Readington/Lebanon Sewerage Authority
Mercer
  Stony Brook RSA
Middlesex
  Carteret
  Helmetta Borough
  Monroe Township
  Old Bridge Township
  Perth Amboy Marine Combined Sewer Overflow (CSO)
  Sayreville/South Amboy\South Bay Project
  Woodbridge

Monmouth
  Allentown
  Atlantic Highlands
  Farmingdale
  Manasquan River
  Western Monmouth Utilities Authority (UA)
  Western Monmouth UA                  
Nitrification Facilities
Morris
  Denville Township
  East Hanover Township
  Florham Park Sewerage Authority (RSA)
  Musconetcong SA
  Pequannock River Basin Regional Sewerage Authority (RSA)
  Rockaway Valley RSA
Ocean
  Eagleswood Township Municipal Utilities Authority (UA)
  Ocean County UA / Long Beach Township
  Ocean County UA: Jake's Branch
  Ocean County UA : Stafford Interceptor
  Pine Beach, Borough of
  Stafford Township Municipal Utilities Authority 
Passaic
  North Haledon
  Ringwood Borough Sewerage Authority
 Wanaque Borough
 Wanaque Valley Regional Sewerage Authority
Salem
  Western Salem County\Penn's Grove
Somerset
  Bernards Township
  Bridgewater Township Collection System
  Manville
Sussex
  Franklin Borough

Union
  Linden Roselle Sewerage Authority
  Warren Township Sewerage Authority Branchburg Township Collection System


New York Grantees with ESA Grant Condition
listed by County

Albany
Bethlehem
Allegany
Bolivar
Cuba
Hume (T)/Fillmore(V)
Broome
Binghamton-Broome County
Dickinson
Endicott
Cattaraugus
Allegany (T/V)
Portville (V)
Chautauqua
Gowanda
Dunkirk: East Lake Road Sewer District
Chemung
Chemung County SD #1
Chenango
Greene
Norwich
Oxford
Clinton
Peru
Cortland
Homer
Dutchess
Pawling
Rhinebeck
Erie
Akron
Alden 
Amherst: Youngs Road Interceptort
Blasdell
Cheektowaga SD #3
Clarence Sanitary Sewer District No. 2
East Aurora/Holland
Erie County SD #1: Old French Road Collector Sewer Extension
Gowanda
Williamsville
Franklin
Malone
Genesee
Alexander
(V) Batavia
Byron 
Bergen

Jefferson
Theresa
Livingston
York/Piffard
Madison
Chittenango
Hamilton
Monroe
Greece 
Henrietta 
Penfield
South Central Pure Water District
 Webster
Webster SD 17
Niagara
Middleport
Oneida
Deerfield
Onondaga
Camillus
Jordan (V)
Onondaga County: Maykes Road
Onondaga County: Wetzel Road
Syracuse CSO/Ley Creek

Ontario
Gorham
Bloomfield(V)/Holcomb
Manchester/Shortsville Joint Sewerage System
Orange
Chester(V)/Camp Laguardia
Chester/Moodna Basin
Crawford
Montgomery Town/Tri-Village
Pine Bush
Woodbury
Oswego
Fulton (C) Oswego/Scriba
Putnam
Brewster Heights/Southeast
Southeast
Richmond County
New York City: Oakwood Beach
Rockland
Rockland County Sewer District #1
Saratoga
Saratoga County Sewer District No. 1
Schenectady
Niskayuna
Schoharie
Middleburgh
Seneca
Seneca County SD #1/Lodi 
Seneca Falls: Bridgeport SD
Waterloo
Steuben
Campbell
Corning
South Corning
St. Lawrence
Lawrence/North Lawrence
Suffolk
Fisher's Island
Ocean Beach
Sullivan
Delaware
Delaware/Kohlertown
Fallsburg (T)/Loch Sheldrake (H)
Fallsburg (T)/Mountaindale (H)
Fallsburg (T)Woodbourne/South Fallsburg
Monticello/Thompson
Tusten
Tompkins
Ithaca
Ulster
Kingston
New Paltz
Woodstock
Wayne
Newark
Walworth
Wyoming
Castile
Warsaw
Wyoming/Genesee
Attica / Alexander
Yates
Milo
Rushville

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