Articles

A Comprehensive Approach to Verification of Stormwater Treatment Systems

Although innovative environmental and energy technologies often consume fewer natural resources than traditional methods, they encounter numerous technical, financial and regulatory impediments. Over the years, NJCAT has broken down many of the barriers, but there are still daunting challenges facing innovative technologies. Stormwater Management Technologies in particular are difficult to evaluate. Pollutant removal performance depends upon many factors, e.g., influent particulate size distribution, influent pollutant concentration (loading), stormwater flow rate, sump design and capacity, and maintenance. NJCAT’s extensive involvement and activities over the past three years in identifying and evaluating a number of pre-manufactured stormwater treatment devices has created the knowledge and experience base necessary to effectively and confidently assess anticipated field removal performance.

The Energy and Environmental Technology Verification (EETV) Act at N.J.S.A. 13:1D-134 et seq., establishes the guidelines for a verification and certification process to approve the use of innovative energy and environmental technologies that benefit the environment and economy of New Jersey. The New Jersey Legislature found that, in establishing the technology verification and certification program, it is in the public’s interest to encourage the commercial development and use of new technology-based environmental and energy related products, services and systems that abate and prevent environmental pollution and promote energy conservation in the most cost-effective and environmentally efficient manner in the State.

The New Jersey Stormwater rules clearly establish in 35 N.J.R. 154 that manufactured stormwater treatment devices may be used to meet the requirements of the subchapter provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the NJDEP.

The overall goal of the EETV Act is to encourage the development and implementation of innovative energy and environmental technologies. The EETV Act identifies the NJCAT as the third-party verification entity to evaluate innovative energy and environmental technologies. The stormwater rules in a more focused way underscore that NJCAT verification of an innovative technology must attest to the claims made to satisfy the regulatory requirements of the respective NJDEP programs. In addition, the development and evaluation of the technologies must be verified to satisfy acceptable scientific/engineering principles and protocols, and offer an overall net beneficial effect to human health and the environment.

After a verification of an innovative energy or environmental technology it is submitted to the NJDEP certification review process. However, the certification will only be given after the department determines that all regulatory requirements that apply to the technology have been satisfied, and the technology has been shown qualitatively and quantitatively to provide a net beneficial effect to human health and the environment. Upon certifying the verification of an innovative energy and environmental technology, the NJDEP is required to ensure the following:

• The regulatory programs issuing permits can rely on the verification process to establish contract provisions, protocols, policies, principles and/or technical guidance to develop expedited or more efficient timeframes for review and decision-making of permits or approvals associated with the verified innovative energy or environmental technology.

• In conjunction with partnership entities, develop and implement a series of outreach and education seminars that enable the deployment and expedited commercial use of the innovative energy or environmental technology.

• The State Treasurer to includes the innovative energy or environmental technology in appropriate State bid specifications.

 

NJCAT works closely with TARP, The Technology Acceptance and Reciprocity Partnership, which was formed by the states of California, Illinois, Maryland, Massachusetts, New Jersey, New York, Pennsylvania, and Virginia. Through the development of common protocols, TARP provides uniform guidance protocols to collect and evaluate data on technology performance. These common protocols allow interstate sharing of scientifically credible, reliable data that enhances the ability of states to make scientifically sound defensible decisions. This program is designed to promote consistent standard and permit decisions while allows states’ to take advantage of partnering state’s technology evaluation, leading to faster and less resource intensive permit decisions.

Stormwater pollution, especially in developed urban areas is a leading cause of water quality degradation in U.S. rivers, lakes, streams, and other surface waters. Water quality problems associated with nonpoint sources of pollution, particularly stormwater, are being addressed by federal mandates that affect all states. Expansion of the National Pollutant Discharge Elimination System (NPDES) Phase II, Storm Water Regulations, requires stormwater plans from thousands of municipalities nationwide, and a renewed focus on the total maximum daily load (TMDL) provisions in the Clean Water Act brings unprecedented attention and increased resources to stormwater control issues. These programs also are predicted to have a significant influence on the rate at which new technologies enter the marketplace.

To support responsible use of stormwater technologies, the Technology Acceptance Reciprocity Partnership (TARP) Protocol (Tier II) for Stormwater Best Management Practice Demonstrations has been endorsed by California, Massachusetts, Maryland, New Jersey, Pennsylvania, and Virginia. All technologies accepted through the NJCAT verification model and certified by NJDEP will be required to participate in a TARP Tier II stormwater demonstration.

The TARP Demonstration Protocol is designed to be flexible and inclusive of both structural and nonstructural best management practices (BMPs). The Protocol primarily deals with the demonstration of BMPs that are designed for one or more of the following: 1) directing and distributing flows; 2) reducing erosive velocities; and 3) removing contaminants such as suspended or dissolved pollutants from collected stormwater through physical and chemical processes such as settling, media-filtering, ion-exchange, carbon adsorption, and precipitation. Current BMPs used in industrial, municipal, and construction stormwater pollution control applications, include vegetated swales, detention basins, infiltration basins, wet ponds, constructed wetlands, media filtration, bioretention, and sedimentation units (e.g., hydrodynamic structures, oil/sediment separators, and screen separators).

The TARP Demonstration Tier II Protocol involves extensive data gathering in the field over a minimum 12-month period to assess the annual pollution removal (e.g.,TSS) efficiency. As mentioned earlier NJCAT’s performance verification based on laboratory and/or field data is required for the NJDEP to grant interim certification allowing a technology provider to install a pre-manufactured stormwater treatment unit in New Jersey. NJCAT has been asked by NJDEP to review vendor Quality Assurance Project Plans to ensure conformance with the TARP Protocol.

Technology has a clear role to play in the states innovative approach to stormwater management. Verified and certified stormwater technologies are now being incorporated in planning and design strategies to reduce site development impacts and meet targeted watershed objectives. Improved methods will lead to better stormwater quality control strategies, increased effectiveness of BMPs and other facilities, and better protection of receiving water quality.

 

Contact Rhea Weinberg Brekke, Executive Director, NJCAT, for more information.