New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 6 - CONDITIONS APPLICABLE TO ALL NJPDES PERMITS › Section 7:14A-6.2 - General conditions applicable to all permittees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				conditions apply to all NJPDES permits issued by the Department unless
				specifically exempted in the permit:
1. A
				permittee shall comply with all the conditions of the NJPDES permit;
2. The discharge of any pollutant not
				specifically regulated in the NJPDES permit or listed and quantified in the
				NJPDES application or request for authorization shall constitute a violation of
				the permit, unless the permittee can prove by clear and convincing evidence
				that the discharge of the unauthorized pollutant did not result from any of the
				permittee's activities which contribute to the generation of its
				wastewater.
3. A permittee shall
				not attain any concentration limitation by dilution. (For example, no permittee
				shall increase the use of process water or cooling water or otherwise attempt
				to dilute a discharge as a partial or complete substitute for adequate
				treatment to attain permit limitations or water quality standards).
4. Even if the permit has not yet been
				modified to incorporate the requirement, a permittee shall comply with the
				following within the time provided in the specified regulations that establish
				the following:
i. Applicable effluent
				standards or prohibitions established under Section 307(a) and (c) of the
				Federal Act for toxic pollutants; and
ii. Standards for sewage sludge use or
				disposal established under Section 405(d) of the Federal Act and N.J.A.C.
				7:14A-20.
5. A permittee
				shall take all reasonable steps to minimize or prevent any activity in
				violation of its permit which has a reasonable likelihood of adversely
				affecting human health or the environment.
6. A permit shall not convey any property
				rights of any sort or any exclusive privilege.
7. A permit shall not authorize any injury to
				persons or property or invasion of other private rights, or any infringement of
				Federal, State or local law or regulations;
8. A permit is not transferable to any person
				except after written notice in accordance with
				7:14A-16.2.
9. All permittees with discharges that flow
				through an outfall pipe, unless such outfall pipe is completely and
				continuously submerged, or is not assigned a Discharge Serial Number (DSN),
				shall notify the Department that a tag to mark the location of the pipe has
				been or will be installed on the pipe by the effective date of the permit, or
				by May 5, 1998, whichever is sooner.
i. The
				outfall tag shall be:
(1) Legible;
(2) Located as near to the end of the outfall
				pipe as possible;
(3) Made of a
				durable material such as metal; and
(4) Maintained on a regular basis, such as
				cleaned and inspected to ensure that the tag is properly attached.
ii. The outfall tag shall display,
				at a minimum, the following information:
(1)
				The name of the facility where the discharge originates;
(2) The NJPDES permit number;
(3) The NJDEP Hotline phone number;
				and
(4) The Discharge Serial Number
				for that particular outfall;
10. When the Department reopens the permit by
				modification or revocation and reissuance, it shall do so, at a minimum, for
				the following:
i. Any discharger within a
				primary industrial category, as listed in N.J.A.C. 7:14A-4 Appendix A, Table 1,
				if an applicable standard or limitation is promulgated under Sections 301(b)(2)
				(C) and (D), 302, 304(b)(2), or 307(a)(2), (b), (c) or (d) of the Federal Act
				and that effluent standard or limitation is more stringent than any effluent
				limitation in the permit or controls a pollutant or pollutant parameter not
				limited in the permit;
ii. Any
				permit issued to a treatment works treating domestic sewage or residual-only
				facilities, to incorporate any applicable standard for residual use or disposal
				promulgated under section 405 (d) of the Federal Act or N.J.A.C. 7:14A-20, and
				the standard for residual use or disposal is more stringent than any
				requirements for residual use or disposal in the permit, or controls a
				pollutant or practice not limited in the permit;
iii. All dischargers, to incorporate any
				applicable effluent standard or any effluent limitation, including any effluent
				standards or effluent limitations to control the discharge of any toxic
				pollutants or pollutant parameters such as acute or chronic whole effluent
				toxicity, or chemical specific toxic parameters, requirements related to
				toxicity reduction or to implement a TMDL or watershed management plan adopted
				in accordance with N.J.A.C. 7:15-7, when the effluent standard or limitation is
				more stringent than any effluent limitation in the permit or controls a
				pollutant or pollutant parameter not limited in the permit; and
iv. DTWs, to incorporate the applicable
				pretreatment program conditions as approved by the Department;
11. The permittee shall take such
				corrective actions as required under the Federal and State Acts, and other
				relevant provisions of law, including, at a minimum, accelerated and/or
				additional types of monitoring, temporary repairs, ceasing discharge, or where
				ceasing discharge is not possible, other measures to mitigate the effects of
				violating its NJPDES permit;
12. If
				a permittee wishes to continue an activity regulated by a NJPDES permit after
				the expiration date of the permit, the permittee must comply with the
				reapplication procedures listed in N.J.A.C. 7:14A-4;
13. All permittees must comply with the
				noncompliance reporting requirements of
				7:14A-6.10 for any noncomplying
				discharge listed in
				7:14A-6.10(a);
				and
14. A permittee shall furnish
				to the Department, within a reasonable timeframe specified by the Department,
				any information which the Department may request to determine whether cause
				exists for issuing, modifying, revoking and reissuing, or revoking a discharge
				permit, or to determine compliance with a NJPDES permit. The permittee shall
				also furnish to the Department, upon request, copies of records required to be
				kept by the permit.