Questions About Diamond Chip's Water Plan Amendment on Sussex County Commissioners Agenda

SUSSEX COUNTY, NJ – The Sussex County Commissioners will be voting on Diamond Chip Realty’s application to have the Sussex County Water Quality Management Plan [SCWQMP] amended to accommodate their proposed 689,000 square foot project in Sparta. The amendment is being requested to allow for a significant increase in the wastewater generated by the huge facility.

A close review of the resolution exposes several questions.

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The process for approving an amendment to the county’s water quality plan is established in the county’s own document “SCWQM Program Plan Amendment and Revisions Procedures ” though several agencies have a hand in this because of the potential impact on residents.

This application will impact the Germany Flats Aquifer, part of the Highland Region which supplies drinking water to 6.2 million residents.

The Sussex County Commissioners’ resolution is one element of DCR’s application to New Jersey Department of Environmental Protection to get the SCWQMP amendment.  It will be joined with Sussex County Municipal Utilities Authority or SCMUA’s resolution and Sparta Township’s resolution.

Sparta Township Does Not Support the Amendment

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The resolution adopted by Sparta Township Council on February 13, 2024 e quivocates, differing from the resolution adopted in 2021.  The most recent resolution states the “Sparta Township Council is unable to make a determination as to whether the township consents to the proposed” SCWQMP amendment.

According to the SCWQM Program Plan Amendment and Revisions Procedures document under “Request Statements of Consent”…”A statement of consent shall include a statement that the party concurs with, or does not object to, the proposed amendment. Tentative, preliminary, or conditional statements shall not be considered to be endorsements . All endorsements by a governmental unit shall be in the form of a resolution by that unit's governing body.”

By Sparta not approving the WQMP amendment, it is considered a no.

Additionally on page 7, it states “All such requests to the SCWQMA for amendment shall include but not limited to: …3. A resolution of support or endorsement from the municipal governing body [Sparta Township Council] for the proposed plan amendment.”

New Jersey Highlands Council

January 10, 2023, the NJ Highlands Council issued a statement of consent finding the application consistent with the Regional Master Plan. They did not use the updated employee count, basing their approval on outdated information. The wastewater flow is calculated based on the number of employees and the type of facility.

Sussex County Municipal Utilities Authority

The SCMUA resolution in support of DCR’s application is also inconsistent.

The SCMUA’s resolution adopted on January 17, 2024 states they are relying on documentation prepared by Riedel from May 2021, revised January 2022 and revised December 21, 2023” though no document dated 2023 has been produced, nor is it included in the DCR application at the Sparta Planning Board.

The calculations for the daily wastewater flow are inconsistent from the 2021 letter to the 2022 letter.

How Much Wastewater? Flow Calculation

The application states the facility will generate 10,000 gallon per day [gpd] of wastewater. DCR initially proposed that amount in 2021 relying on a calculation for 200 employees, 45,000 sq ft office space and 100 truck drivers.

Their application has changed.  In 2023 DCR submitted revised plans and increased the employee count to 555 with 85 truck drivers, yet their request for 10,000 gpd did not change.

DCR’s own documents show several discrepancies.

The May 25, 2021 letter from Riedel shows the “flows are calculated in accordance with NJAC 7:14A-23.3 For “Warehouse” a flow of 25 gpd per employee.

Using that calculation with the most recent estimate of employees the calculation should be 17,000 gpd:

• 555 x 25 = 13,875 gpd
• 10,000 sq ft office space x0.1 = 1,000 gpd
• 85 “transit” employees x 25 = 2,125
• Total – 17,000

The NJ DEP application form submitted by Riedel has two options for how the calculations were made: Under NJCA 7:14A -23.3, the one selected by Riedel or NJAC 7:9A. His May 2021 letter is cited in the SCQWMP Amendment resolution to be considered by the county commissioners.

Their most recent application, however, shows DCR changed the statute they relied on for the calculation.  They looked to 7:9A-7.4 to get back to [9,750] 10,000 gpd.

In an OPRA request by TAPinto Sparta, the NJ DEP said there are no documents that reflect a discussion with representatives from DCR and NJ DEP about the appropriate calculation or a change to the statue they use to make their calculation.

Which is it…?

The initial calculation used NJAC 7:14 which is called for when “Building, installing, modifying or operating any sewer line, pumping station or force main which serves more than two buildings or will convey 8,000 gallons per day or more of flow to a treatment works. ”

On page 35 of DCR’s most recent plans the drawing indicates a “Wastewater Forced Main Equipment” and “2” sanitary forced main pipe” and an adjacent “2.41 acre wastewater disposal area.”

DCR’s plans do not show any changes to the wastewater treatment facility, depicted as a 40’ x 40’ structure on the outside of one of the larger buildings.

While DCR has changed the plans for the two proposed buildings, parking lots and rail sidings, the wastewater treatment system does not appear to have been updated and they do not appear to have updated their plans with the Sussex County Health Department.

Their septic application with the health department made on May 11, 2021, renewed in 2023, is for a “dosing tank” with a pump. By definition a dousing tank is added to a septic system using a pump to move effluent to the “drain field.” Page 13 of that application shows it is for two 1000 gallon septic tanks with two “Hoot Advanced Pretreatment Systems” to accommodate 80 employees.

It also appears DCR could be required to get a “valid treatment works approval.” According to NJAC 7:14 a TWA is required from NJ DEP for a “treatment works” that includes “sewer extensions, sewer interceptors, domestic and industrial wastewater treatment systems, holding tanks, equalization tanks and wastewater treatment and recycling systems.”

Further, a TWA is required for: “Building, installing, operating or modifying any domestic or industrial treatment works that discharges directly to the surface water or groundwater” which Diamond Chip Realty is planning to do, according to their documents, the SCWQMP Amendment resolution and testimony in Sparta Planning Board hearings.

According to the NJ DEP this error would represent a “ Technical Deficiency “ triggered when “The design flow calculation is inconsistent with Department requirements and/or greater than the amount of flow approved by the owner of the receiving wastewater treatment facility.”

The standards in NJAC 7:9A. are for “all individual subsurface sewage disposal systems with an expected volume of sanitary sewage less than or equal to 2,000 gpd.” This is the type of system more typically seen on a residential or small commercial property, yet DCR changed their application to use this standard.

Conflicted

Deputy Director Chris Carney is employed by the International Union of Operating Engineers, Local 825. As described on a January 25, 2024 North Jersey Transportation Planning Authority document, Carney is a member of the Board of Trustees and confirms his employment at the UOE Local 825. Carney’s Facebook page also says “Land Surveyor at IUOE Local 825."
The “indirect pecuniary” conflict comes from the IUOE Local 825’s public support of the Sparta Warehouse Project.  The posts, since removed, included graphics and video of DCRs updated plan.

The Sussex County Commissioners will meet on Wednesday, August 21 at 6 p.m.

Some definitions

"Wastewater treatment facility" means any device or system at a fixed location, including a land application system or subsurface sewage disposal system, that is or will be utilized for treatment of wastewater that requires a NJPDES permit issued pursuant to N.J.A.C. 7:14A and those wastewater treatment and recycling systems that handle wastewater flows greater than 2,000 gallons per day as determined in accordance with N.J.A.C. 7:14A-23.3 or 7:9A.

"Sanitary sewage" means any liquid waste containing animal or vegetable matter in suspension or solution, or the water carried wastes resulting from the discharge of water closets, laundry tubs, washing machines, sinks, dishwashers, or any other source of water carried wastes of human origin or containing putrescible material. This term specifically excludes industrial,  hazardous, or toxic wastes and materials. NJCA 7:15 3

"Wastewater" means residential, commercial, industrial, or agricultural liquid waste, sewage, septage, stormwater runoff, or any combination thereof, or other residue discharged or collected into wastewater facilities. Wastewater shall not include stormwater runoff conveyed by a separate storm sewer system. NJCA 7:15 3

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