Sponsored by:
Senator BOB SMITH
District 17 (Middlesex and Somerset)
SYNOPSIS
Imposes certain conditions on NJPDES permit for energy generation facilities that withdraw water from, or discharge water to, a shallow lagoonal estuary.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning permits for certain energy generation facilities, and supplementing P.L.1977, c.74 (C.58:10A-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that the cooling system for certain energy generating facilities draws in over 1.4 billion gallons of water per day; and that this intake water is screened, heated and mixed with biocides to protect power plant piping before being discharged back to surface water. The Legislature further finds and declares that the water used in this way for cooling purposes destroys fish larvae, fish eggs, plankton, and other living organisms in the water, before the heated water is discharged into a shallow estuary also greatly affecting the health of the estuary. The Legislature further finds and declares that the intake of such large volumes of water in this way affects in any month over 80 percent of the volume of water in certain coastal estuaries, such as the Barnegat Bay. The Legislature further finds and declares that both the continued destruction of a large number of marine organisms and thermal pollution are having a detrimental effect on the health of the coastal environment, one of the State's most important economic resources. The Legislature therefore determines that there is an immediate need to require the development of an alternative cooling method for energy generating facilities that discharge to coastal lagoons to prevent the continuing destruction of marine life and to protect the coastal environment.
2. Notwithstanding any provision of P.L.1977, c.74 (C.58:10A-1 et seq.) or any other law, or any rule or regulation adopted pursuant thereto, to the contrary, no more than two years after the effective date of this act, no permit issued by the Department of Environmental Protection shall authorize for an energy generation facility the intake from, or discharge to, a shallow lagoonal estuary of more than 170,000 gallons of water or more per day. In addition, no permit shall authorize the impingement and entrainment of more than 10% of the aquatic biota contained in the intake water.
3. This act shall take effect immediately.
STATEMENT
This bill would provide that
no more than two years after its effective date, no New Jersey Pollutant
Discharge Elimination
Discharge System (NJPDES) permit issued by the Department of Environmental
Protection pursuant to the State’s “Water Pollution Control Act” and the
federal Water Pollution Control Act, shall authorize for an energy generation
facility, the intake from, or discharge to, a
shallow lagoonal estuary of more than 170,000 gallons of water per day; or the impingement and
entrainment of more than 10% of the aquatic biota contained in the intake
water.