The status of Sewer Service Area ("SSA") mapping is
currently up in the air and as a result, the potential for
development in numerous areas in the State is also up in the air.
By way of brief background, the Water Pollution Control Act
("WPCA") delegates the duty of Water Quality Management
Planning ("WQMP") to the New Jersey Department of
Environmental Protection ("DEP"). In July 2008, DEP
adopted new rules regarding Wastewater Management Plans
("WMP"), the 20 year plans that define where sewer lines
can be located based upon the amount of sewage that can be handled
by wastewater treatment facilities and other such factors. These
new rules reassign responsibility for WMPs to the Counties and
provide that where a WMP is not current as of 2009, the SSA there
would be withdrawn. In 2009, the implementation date was extended
by Commissioner Martin's Administrative Order to April 2011. To
date, no WMP has been formally adopted and yet, no SSA has been
withdrawn nor has