40. Notwithstanding the provisions of the “Water Pollution Control Act,” P.L.1977, c.74 (C. 58:10A-1 et seq.) and the “Water Quality Planning Act,” P.L.1977, c.75 (C. 58:11A-1 et seq.), or any rule or regulation adopted pursuant thereto, to the contrary, the Department of Environmental Protection, pursuant to section 34 of P.L.2004, c.120 (C. 13:20-32), shall establish a septic system density standard at a level to prevent the degradation of water quality or to require the restoration of water quality, as required pursuant to the “Water Pollution Control Act,” P.L.1977, c.74 (C. 58:10A-1 et seq.) or the “Water Quality Planning Act,” P.L.1977, c.75 (C. 58:11A-1 et seq.), or any rule or regulation adopted pursuant thereto, and to protect ecological uses from individual, secondary, and cumulative impacts, in consideration of deep aquifer recharge available for dilution, which standard shall be applied to any major Highlands development as defined in section 3 of P.L.2004, c.120 (C. 13:20-3) located in the Highlands preservation area as defined in section 3 of P.L.2004, c.120 (C. 13:20-3).

L.2004,c.120,s.40.