reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 18 - PUBLIC ACCESS TO INFORMATION AND REQUIREMENTS FOR DETERMINATION OF CONFIDENTIALITY › Section 7:14A-18.2 - Confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall protect from disclosure any information, other than effluent data, upon a
				satisfactory showing by any person that the information, if made public, would
				divulge methods or processes entitled to protection as trade secrets of such
				persons. The Department's decision on the claim of confidentiality shall be
				made in accordance with the substantive criteria listed in
				7:14A-18.6. The access to any
				information deemed to be confidential by the Department shall be limited to
				authorized officers or employees of the Department and the Federal government.
				For purposes of this subchapter the term "information" shall include records,
				reports, and any other documents, writings, photographs, sound or magnetic
				recordings, drawings, or other similar formats by which information has been
				retrieved or copied.
(b) Included
				among those items for which claims of confidentiality will be denied are the
				following:
1. The name and address of any
				permit applicant, permittee or co-permittee;
2. Permits;
3. Effluent data as defined in
				7:14A-1.2;
4. For permits under the UIC program,
				information which concerns the existence, absence, or level of contaminants in
				drinking water; and
5. Information
				required by NJPDES permit application forms provided by the Department under
				N.J.A.C. 7:14A-4. This includes information on the forms themselves and any
				attachments used to supply information required by the forms.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 18 - PUBLIC ACCESS TO INFORMATION AND REQUIREMENTS FOR DETERMINATION OF CONFIDENTIALITY › Section 7:14A-18.3 - Procedures for asserting confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person may
				assert a confidentiality claim regarding information, in whole or in part, by
				following the procedures set forth in (b) through (f) below.
(b) Any person submitting information to the
				Department and asserting a confidentiality claim covering any of the
				information shall submit two sets of documents to the Department. The first set
				shall contain all information requested by the Department, including any
				information which the person alleges to be entitled to confidential treatment.
				The second set, which will go into the public file, shall be identical to the
				first set except that it shall not contain information which the person alleges
				to be entitled to confidential treatment. In order to provide the public notice
				that information has been omitted from the second set under a claim of
				confidentiality, the second set shall indicate where such deletions have been
				made.
(c) The top of each page of
				the first set containing the information which the person alleges to be
				entitled to confidential treatment shall display the heading "CONFIDENTIAL" in
				bold type or stamp.
(d) All parts
				of the text of the first set which the person alleges to be entitled to
				confidential treatment shall be underscored or highlighted in a clear manner.
				Translucent ink markers are acceptable for this purpose.
(e) The outside of the envelope containing
				the first set containing the information which the person alleges to be
				entitled to confidential treatment shall display the word "CONFIDENTIAL" in
				bold type on both sides.
(f) The
				person submitting the sets of information shall send them to the appropriate
				permitting office by certified mail (return receipt requested), or by other
				means which provides verification of the date of delivery to the
				Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 18 - PUBLIC ACCESS TO INFORMATION AND REQUIREMENTS FOR DETERMINATION OF CONFIDENTIALITY › Section 7:14A-18.4 - Fees for a claim of confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
Any person submitting documents to the Department under a
				  claim of confidentiality shall submit a check in the amount of $ 250.00 for the
				  first 50 confidential pages and $ 1.00 for each page thereafter, to cover the
				  additional costs of processing and protecting the confidential
				  information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 18 - PUBLIC ACCESS TO INFORMATION AND REQUIREMENTS FOR DETERMINATION OF CONFIDENTIALITY › Section 7:14A-18.5 - Procedure for confidentiality determinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Information for
				which a confidentiality claim has been asserted shall be treated by the
				Department as entitled to confidential treatment unless and until the
				Department determines that the information is not entitled to confidential
				treatment as provided in this section.
(b) The Department shall determine whether
				the information is entitled to confidential treatment whenever the Department:
1. Receives a request under the Open Public
				Records Act,
				47:1A-1 et seq., to inspect or
				copy such information; or
2.
				Desires to determine whether information in its possession is entitled to
				confidential treatment, even though no request to inspect or copy such
				information has been received.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 18 - PUBLIC ACCESS TO INFORMATION AND REQUIREMENTS FOR DETERMINATION OF CONFIDENTIALITY › Section 7:14A-18.6 - Substantive criteria for confidentiality determinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A determination
				made under 7:14A-18.5 shall hold that trade
				secret information is entitled to confidential treatment if:
1. The person has asserted a confidentiality
				claim;
2. The person has
				satisfactorily shown that he or she has taken reasonable measures to protect
				the confidentiality of the information, and that he or she intends to continue
				to take such measures;
3. The
				information is not, and has not been, reasonably obtainable, without the
				person's consent, by other persons (other than governmental bodies) using
				legitimate means (other than discovery based on a showing of special need in a
				judicial or quasi-judicial proceeding);
4. No statute requires disclosure of the
				information; and
5. The person has
				satisfactorily shown that disclosure of the information would be likely to
				cause substantial harm to the person's competitive position.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 18 - PUBLIC ACCESS TO INFORMATION AND REQUIREMENTS FOR DETERMINATION OF CONFIDENTIALITY › Section 7:14A-18.7 - Class determinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may make a determination that a certain class of information is or is not
				entitled to confidential treatment under this section if it finds that:
1. The Department possesses, or is obtaining,
				related items of information; and
2. One or more characteristics common to all
				such items of information will necessarily result in identical treatment for
				each such item, and that it is therefore proper to treat all such items as a
				class.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 18 - PUBLIC ACCESS TO INFORMATION AND REQUIREMENTS FOR DETERMINATION OF CONFIDENTIALITY › Section 7:14A-18.8 - Access to and safeguarding of confidential information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless
				specifically provided for by Federal law, State law, court order, or applicable
				court rule, no person shall have access to information which has been
				determined to be entitled to confidential treatment, other than:
1. The designated Department
				personnel;
2. Federal or other
				State agencies, subject to the provisions of
				7:14A-18.9 or 18.12; or
3. Authorized representatives of the
				Department, subject to the provisions of
				7:14A-18.10.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 18 - PUBLIC ACCESS TO INFORMATION AND REQUIREMENTS FOR DETERMINATION OF CONFIDENTIALITY › Section 7:14A-18.9 - Disclosure of confidential information to State, Interstate and Federal agencies with the exception of the USEPA and the U.S. Department of Justice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall disclose information which has been determined to be entitled to
				confidential treatment to State, interstate, and Federal agencies, other than
				the USEPA and U.S. Department of Justice, as provided at
				7:14A-18.12, if:
1. The Department receives a written request
				for disclosure of the information from a duly authorized officer or employee of
				the other agency;
2. The request
				sets forth the official purpose for which the information is needed;
3. The Department notifies the other agency
				of its determination that the information is entitled to confidential
				treatment;
4. The other agency has
				first furnished to the Department a written opinion from the agency's chief
				legal officer or counsel stating that under applicable law the agency has the
				authority to compel the person who submitted the information to the Department
				to disclose such information to the other agency; and
5. The other agency agrees not to disclose
				the information further, unless the other agency has statutory authority both
				to compel production of the information and to make the proposed
				disclosure.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 18 - PUBLIC ACCESS TO INFORMATION AND REQUIREMENTS FOR DETERMINATION OF CONFIDENTIALITY › Section 7:14A-18.10 - Disclosure of confidential information to authorized agents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall disclose information which has been determined to be entitled to
				confidential treatment to an authorized agent, under contract with the
				Department, if:
1. The Department determines
				that such disclosure is necessary in order for the agent to carry out the work
				required by the contract;
2. The
				Department notifies the affected person; and
3. The agent contracts with the affected
				person to protect the confidentiality of the information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 18 - PUBLIC ACCESS TO INFORMATION AND REQUIREMENTS FOR DETERMINATION OF CONFIDENTIALITY › Section 7:14A-18.11 - Designation by person of an addressee for notices and inquiries

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any affected
				person who wishes to designate a specific person or office as the proper
				addressee of communications from the Department under this subchapter may do so
				by furnishing in writing to the Department the following information: the name
				and address of the person making the designation; the name, address, and
				telephone number of the designated person or office; and a request that
				Department inquiries and communications (oral and written) under this
				subchapter be furnished to the person designated pursuant to this section. Only
				one person or office may serve at any time as an affected person's designee
				under this subchapter.
(b) If an
				affected person has named a particular designee under this section, the
				following Department inquiries and notices to the affected person shall be
				addressed to the designee:
1. Notices to
				submit comments, under
				7:14A-18.5(d);
2. Notices of denial of confidential
				treatment and proposed disclosure of information, under
				7:14A-18.5(g);
3. Notices concerning shortened comment
				and/or waiting periods under
				7:14A-18.5(h);
				and
4. Notices to affected persons
				under 7:14A-18.9 and 18.10.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 18 - PUBLIC ACCESS TO INFORMATION AND REQUIREMENTS FOR DETERMINATION OF CONFIDENTIALITY › Section 7:14A-18.12 - Access to information for the USEPA and U.S. Department of Justice

Current through Register Vol. 56, No. 14, July 15, 2024
Notwithstanding any other provision of this subchapter, any
				  information obtained or used in the administration of the NJPDES and RCRA
				  programs shall be available to the USEPA and the U.S. Department of Justice
				  upon request without restriction. If the information has been submitted to the
				  Department under a claim of confidentiality, the Department shall submit that
				  claim to USEPA and the U.S. Department of Justice when providing information as
				  required in this section.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 18 - PUBLIC ACCESS TO INFORMATION AND REQUIREMENTS FOR DETERMINATION OF CONFIDENTIALITY › Section 7:14A-18.13 - Use of confidential information in rulemaking, permitting, and enforcement proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notwithstanding
				any other provisions of this subchapter, the Department may, subject to the
				protection from making the information available to the public as provided in
				N.J.A.C. 1:1, use information determined to be eligible for confidential
				treatment pursuant to
				7:14A-18.5 and 18.6 in rulemaking,
				permitting and enforcement proceedings.
1.
				Where the Department uses confidential information in any enforcement
				proceeding, the Department shall indicate that such information has been
				used.
2. Where the Department uses
				confidential information in administrative proceedings, the procedures in (b)
				and (c) below shall apply.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 19 - PRETREATMENT PROGRAM REQUIREMENTS FOR LOCAL AGENCIES › Section 7:14A-19.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				establishes requirements to:
1. Prevent the
				introduction of pollutants into a local agency's treatment works which may:
i. Interfere with the operation of the local
				agency's treatment works;
ii. Pass
				through or would otherwise be incompatible with the local agency's treatment
				works; or
iii. Interfere with the
				local agency's chosen method of sludge management;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 19 - PRETREATMENT PROGRAM REQUIREMENTS FOR LOCAL AGENCIES › Section 7:14A-19.2 - Industrial pretreatment program development by local agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any local
				agency, or combination of treatment works operated by the same local agency,
				which meets the following criteria shall establish an IPP unless the Department
				exercises its option to implement the IPP:
1.
				The treatment works total design flow is greater than five million gallons per
				day (MGD); and
2. The treatment
				works receives pollutants from indirect users which pass through or interfere
				with the operation of the treatment works or are otherwise subject to
				pretreatment standards.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 19 - PRETREATMENT PROGRAM REQUIREMENTS FOR LOCAL AGENCIES › Section 7:14A-19.4 - Enforcement response plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A delegated
				local agency shall develop and implement an enforcement response plan in
				accordance with this section. The plan shall contain detailed procedures
				describing how a delegated local agency shall investigate and respond to
				instances of indirect user noncompliance. The plan shall, at a minimum:
1. Describe how the delegated local agency
				shall investigate instances of noncompliance;
2. Describe the types of escalating
				enforcement responses the delegated local agency shall take in response to all
				anticipated types of indirect user violations and the time frames within which
				responses shall take place;
3.
				Identify (by title) the official(s) responsible for each type of
				response;
4. Adequately reflect the
				delegated local agency's primary responsibility to enforce all applicable
				pretreatment requirements and standards as detailed in
				40
				CFR 403.8(f)(1) and (f)(2),
				and the delegated local agency's approved pretreatment program and amendments;
				and
5. Contain noncompliance and
				nature of violation criteria and responses as set forth in the plan contained
				in Appendix A of this subchapter, incorporated hereby by reference, which
				denotes the minimum requirements.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 19 - PRETREATMENT PROGRAM REQUIREMENTS FOR LOCAL AGENCIES › Section 7:14A-19.5 - Enforcement requirements in an industrial pretreatment program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All delegated
				local agencies shall, at a minimum, include in their sewer use ordinance or
				rules and regulations the following enforcement and penalty provisions:
1. The ability to issue an order in
				accordance with N.J.S.A. 58:10A-10a(1);
2. The ability to bring a civil action,
				including injunctive relief, in accordance with N.J.S.A. 58:10A-10a(2) and
				58:11-55(b);
3. The ability to petition the county
				prosecutor or Attorney General to bring a criminal action in accordance with
				58:10A-6.i. and
				58:10A-10a(5);
4. The ability to
				issue a civil administrative penalty in accordance with N.J.S.A
				58:10A-10.5;
5. The ability to
				bring an action for a civil penalty in accordance with N.J.S.A.
				58:10A-10a(4);
6. The ability to
				issue a summons in accordance with
				58:10A-10.4;
7. The ability to assess a penalty for each
				violation that causes a violator to be, or continue to be, a significant
				noncomplier as defined at
				7:14-8.2;
8. The ability to assess a penalty for each
				serious violation as defined at N.J.A.C. 7:14-8.2;
9. The ability to assess a penalty in
				accordance with
				7:14-8.16;
10. The ability to assess a penalty for
				submitting inaccurate or false information in accordance with
				7:14-8.6; and
11. The ability to assess a penalty for
				failure to properly conduct monitoring or sampling activities or to submit
				discharge monitoring reports/self-monitoring reports, or other pretreatment
				monitoring reports in accordance with
				7:14-8.9(c), (d) and
				(e).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 19 - PRETREATMENT PROGRAM REQUIREMENTS FOR LOCAL AGENCIES › Section 7:14A-19.7 - Development of local limits by local agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided in (b) and (c) below, all local agencies shall perform a headworks
				analysis in order to develop local limits or demonstrate that local limits are
				not necessary. The headworks analysis and, if necessary, development of local
				limits shall:
1. Be conducted in accordance
				with the Local Limits Development Guidance (July 2004, USEPA, Office of
				Wastewater Management), incorporated by reference, including all supplements
				and amendments thereto; and
2.
				Ensure compliance with the following minimum environmental protection criteria:
i. The numerical effluent limitations in the
				local agency's NJPDES permit;
ii.
				The local agency's process inhibition and upset criteria;
iii. The local agency's worker health and
				safety protection criteria;
iv. The
				sludge quality criteria for a chosen method(s) of sludge management;
				and
v. The limitations in the local
				agency's Air Pollution Control permit, where applicable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 19 - PRETREATMENT PROGRAM REQUIREMENTS FOR LOCAL AGENCIES › Section 7:14A-19.8 - Requirements for issuance of IPP permits by delegated local agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All delegated
				local agencies shall issue an IPP permit to:
1. Any SIU as defined in
				7:14A-1.2 or as defined in the
				delegated local agency's sewer use ordinance or rules and regulations;
				and
2. Any other indirect user when
				effluent limitations and other conditions are to be imposed on that user, at
				the discretion of the local agency.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 19 - PRETREATMENT PROGRAM REQUIREMENTS FOR LOCAL AGENCIES › Section 7:14A-19.9 - Modifications of an industrial pretreatment program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All delegated
				local agencies shall provide written notice to the Department regarding all
				substantial and non-substantial IPP modifications, as defined under
				40 CFR
				403.18.
(b) For non-substantial modifications, the
				delegated local agencies shall include a statement of the basis for the
				modification, and a copy of the elements of the IPP to be modified.
(c) For substantial modifications, the
				delegated local agency shall submit:
1. A
				statement of basis for the proposed modifications;
2. A statement of legal authority in
				accordance with
				40
				CFR 403.9(b)(1);
3. Documentation which will allow the
				Department to identify those parts of the sewer use ordinance or rules and
				regulations, NJPDES permit, and/or the original program submission, or
				amendments thereto, which are being modified; and
4. Any other documentation the Department
				requests during the review of the proposed modifications.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 19 - PRETREATMENT PROGRAM REQUIREMENTS FOR LOCAL AGENCIES › Section 7:14A-19.11 - Enforcement action for failure to implement or enforce an approved industrial pretreatment program

Current through Register Vol. 56, No. 14, July 15, 2024
The Department may take enforcement action against a
				  delegated local agency pursuant to
				  7:14-8.17 for failure to implement
				  the conditions of an approved industrial pretreatment program and any
				  subsequent amendments thereto or enforce the conditions of an approved
				  industrial pretreatment program, including the approved enforcement response
				  plan, and any subsequent amendments thereto in accordance with N.J.A.C.
				  7:14-8.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 20 - STANDARDS FOR THE USE OR DISPOSAL OF RESIDUAL › Section 7:14A-20.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				establishes:
1. Permit application
				requirements and standards, which consist of general requirements, pollutant
				limits, management practices, frequency of monitoring requirements,
				recordkeeping and operational standards, for residual applied to the land or
				the land to which residual is applied in conformance with 40 CFR Part 503,
				unless otherwise specifically stated;
2. Permit application requirements,
				standards, prohibitions, and requirements for surface disposal sites and the
				closure of surface disposal sites;
3. Permit application requirements and
				standards for residual reed beds;
4. Permit application requirements and
				standards for residual blending and distribution;
5. Permit application requirements and
				standards for residual transfer stations; and
6. Permit application and case-by-case
				permitting requirements for residual use and disposal practices consistent with
				40 CFR Parts 122, 123 and 124.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 20 - STANDARDS FOR THE USE OR DISPOSAL OF RESIDUAL › Section 7:14A-20.2 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				applies to:
1. Any person who prepares
				residual that is applied to the land, any person who applies residual to the
				land, residual applied to the land, and the land on which residual is
				applied;
2. The operating entity of
				a surface disposal site, residual placed on a surface disposal site, and the
				surface disposal site;
3. The
				operating entity of residual reed beds, residual placed on reed beds, and the
				residual reed beds;
4. The
				operating entity of a residual blending and distribution operation, residual
				placed at a residual blending and distribution operation, and the residual
				blending and distribution operation; and
5. The operating entity of any treatment
				works treating domestic sewage, including residual transfer stations, or of any
				residual-only facility, whether or not the treatment works is otherwise
				required to obtain a NJPDES permit unless all requirements implementing
				standards for residual use or disposal applicable to the treatment works are
				included in a permit issued under the authority of the New Jersey Solid Waste
				Management Act,
				13:1E-1 et seq., or the New Jersey
				Air Pollution Control Act,
				26:2C-1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 20 - STANDARDS FOR THE USE OR DISPOSAL OF RESIDUAL › Section 7:14A-20.3 - Relationship to other regulations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				does not establish:
1. Standards for the
				firing of residual in an incinerator which receives an air pollution control
				permit pursuant to N.J.A.C. 7:27;
2. Requirements for the use or disposal of
				residual determined to be hazardous in accordance with 40 CFR Part 261 and
				N.J.A.C. 7:26G;
3. Requirements for
				the use or disposal of residual with a concentration of polychlorinated
				biphenyls (PCBs) equal to or greater than 50 milligrams per kilogram of total
				solids (dry weight basis) in accordance with 40 CFR Part 761;
4. Standards for the co-disposal of residual
				in a municipal solid waste landfill which receives a permit pursuant to 40 CFR
				Part 258 or N.J.A.C. 7:26; or
5.
				Standards for the disposal of residual in a sanitary landfill, as defined at
				N.J.A.C. 7:26, which receives a permit pursuant to N.J.A.C. 7:26.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 20 - STANDARDS FOR THE USE OR DISPOSAL OF RESIDUAL › Section 7:14A-20.4 - Special definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms have specific meanings when
				  used in this subchapter: "agricultural land," "final cover," "forest," "liner,"
				  "lower explosive limit for methane gas," "pasture," "permitting authority,"
				  "pollutant limit," "public contact site," "range land" and "runoff." The
				  applicable definitions are set forth at
				  7:14A-1.2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 20 - STANDARDS FOR THE USE OR DISPOSAL OF RESIDUAL › Section 7:14A-20.6 - Environmental assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				the information required by N.J.A.C. 7:14A-4, an applicant for a NJPDES permit
				for residual use or disposal shall submit an environmental assessment for the
				location where a residual will be prepared to be applied to the land, the
				location where a residual was placed on a surface disposal site, or the
				location of any other treatment works treating domestic sewage (TWTDS) or
				residual-only facility required to obtain a permit pursuant to this subchapter.
				The magnitude and detail of the environmental assessment shall be determined by
				the Department and shall be relative to the nature, scale and location of the
				proposed TWTDS or residual-only facility. At a minimum, the environmental
				assessment shall conform to the environmental assessment requirements of the
				Department's applicable NJPDES Permit Technical Manual in effect at the time of
				submission of the assessment and shall include:
1. A written description of facility
				operations, including volumes of residual to be handled, methods of handling,
				facility layout, and use or disposal of any end products;
2. An analysis of the impact that the
				proposed TWTDS or residual-only facility will have on local transportation
				patterns, drainage and soil characteristics, surface and ground water quality,
				endangered or threatened wildlife and vegetation, stormwater and wastewater
				collection/treatment capability, water supply capability, ambient acoustical
				conditions and air quality;
3. A
				description of how the TWTDS or residual-only facility will conform or conflict
				with the objectives of any applicable Federal, State, or local land use and/or
				environmental requirements for areas within two miles of the perimeter of a
				proposed large facility (residual production equal to or greater than 15,000
				metric tons per 365 day period), or within one mile of the perimeter of a
				proposed small facility (residual production less than 15,000 metric tons per
				365 day period); and
4. Where a
				potential conflict between the TWTDS or residual only-facility and the
				objectives of land use and/or environmental requirements is identified under
				(a)3 above, a description of the mitigation efforts to be undertaken to
				minimize any such conflict.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 20 - STANDARDS FOR THE USE OR DISPOSAL OF RESIDUAL › Section 7:14A-20.7 - Land application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				the information required in N.J.A.C. 7:14A-4 and 20.6, an applicant for a
				NJPDES permit to prepare residual for land application shall submit the
				following:
1. Information on the
				characteristics of the residual proposed to be applied, and information on the
				characteristics of all residual additives, to the extent known at the time that
				the permit application is submitted, including, but not limited to:
i. The origin and volume of the residual and
				residual additives;
ii. A dated
				analysis of the residual and residual additives on a mg/kg dry weight basis (or
				other unit as specified) for the following constituents:
Total solids (percent by weight)
pH (standard units)
Total Kjeldahl nitrogen
Ammonia-nitrogen
Nitrate-nitrogen
Calcium
Potassium
Phosphorus
Water extractable phosphorus (WEP)
Arsenic
Cadmium
Copper
Lead
Mercury
Molybdenum
Nickel
Selenium
Zinc
Radium 226 (pCi/g)
Radium 228 (pCi/g)
iii. A summary of all data generated pursuant
				to the Sludge Quality Assurance Regulations (SQAR), N.J.A.C. 7:14C, for the
				previous 12-month period;
iv.
				Additional quality analyses (including characteristics pursuant to N.J.A.C.
				7:26G) as may be deemed necessary by the Department through evaluation of past
				SQAR reports or other relevant information, such as information on the
				characteristics of all residual additives or on industrial discharges that
				might contribute constituents not normally evaluated under the SQAR program or
				that may exceed levels identified in USEPA's Technical Support Document for
				Land Application of Sewage Sludge, EPA 822/R-93-001a and 001b, November
				1992.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 20 - STANDARDS FOR THE USE OR DISPOSAL OF RESIDUAL › Section 7:14A-20.8 - Surface disposal of residual

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The storage of
				residual or material derived from residual for more than six months constitutes
				surface disposal and is prohibited under this subchapter.
(b) The placement of residual or material
				derived from residual as fill (for example, to bring a site to grade or at
				depths greater than one foot) constitutes surface disposal and is prohibited
				under this subchapter.
(c) The
				prohibitions in (a) and (b) above do not apply if:
1. The person who prepares the residual
				demonstrates that the land on which the residual remains is not a surface
				disposal site. The demonstration shall explain why residual must remain on the
				land for longer than six months prior to final use or disposal, discuss the
				approximate time period during which the residual shall be used or disposed,
				and provide documentation of ultimate management arrangements. The
				demonstration shall be submitted to the Department in writing and retained by
				the person who prepares residual for the period that the residual remains on
				the land. If the Department determines that a demonstration is not in
				conformance with this subchapter, then the Department will notify the person
				who prepares the residual that the prohibitions in (a) and (b) above
				apply;
2. The site where the
				residual is placed is permitted and meets the requirements as a sanitary
				landfill under the New Jersey Solid Waste Management Act,
				13:1E-1 et seq.;
3. The residual is approved for beneficial
				use or categorically approved for beneficial use pursuant to
				7:26-1.7(g);
				or
4. The surface disposal site
				existed prior to January 5, 2009, was in conformance with all relevant laws and
				regulations when the discharge commenced and is the subject of and is in
				compliance with a valid NJPDES discharge to groundwater permit issued pursuant
				to N.J.A.C. 7:14A-7.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 20 - STANDARDS FOR THE USE OR DISPOSAL OF RESIDUAL › Section 7:14A-20.9 - Reed beds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				the information required in N.J.A.C. 7:14A-4 and 20.6, an applicant for a
				NJPDES permit to discharge residual to a reed bed shall submit:
1. Information on the characteristics of the
				residual proposed to be discharged, to the extent known at the time that the
				permit application is submitted, including, but not limited to;
i. The origin and volume of the
				residual;
ii. A dated analysis of
				the residual to be discharged for total solids (percent by weight), volatile
				solids (weight as a percent of total solids), and pH (standard
				units);
iii. A summary of all data
				generated pursuant to the Sludge Quality Assurance Regulations (SQAR), N.J.A.C.
				7:14C, for the previous 12-month period;
iv. Additional analyses of the quality of the
				residual (including characteristics pursuant to N.J.A.C. 7:26G) as the
				Department determines necessary based upon an evaluation of past SQAR reports
				or other relevant information, such as information on industrial discharges
				that might contribute constituents not normally evaluated under the Sludge
				Quality Assurance Regulations (SQAR), N.J.A.C. 7:14C;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 20 - STANDARDS FOR THE USE OR DISPOSAL OF RESIDUAL › Section 7:14A-20.10 - Residual transfer stations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				the information required by N.J.A.C. 7:14A-4 and 20.6, an applicant for a
				NJPDES permit for a residual transfer station shall submit application
				information for residual transfer stations required pursuant to the Statewide
				Sludge Management Plan and the applicable NJPDES Permit Technical Manual
				adopted pursuant to
				13:1D-111.
(b) Transfer of residual transport containers
				directly from vehicle to vehicle, including truck to train, for shipment to a
				residual management site or facility authorized by the permitting authority, is
				not considered a residual transfer station under this subchapter provided the
				following conditions are met:
1. The contents
				of each residual transport container shall remain in the residual transport
				container during transfer between vehicles; and
2. The transfer of residual transport
				containers shall not result in off-site nuisances, including, but not limited
				to, dust, odor and noise.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 20 - STANDARDS FOR THE USE OR DISPOSAL OF RESIDUAL › Section 7:14A-20.11 - Generic residual quality determinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be the
				responsibility of the person who prepares residual to ensure that all residual
				accepted for processing is compatible with the applicable residual quality
				limitations.
(b) A person who
				prepares residual to be applied to the land may accept a residual which does
				not meet the residual quality limitations of
				40 CFR 503.13
				provided the residual is to be blended with other residual and the final
				residual to be applied to the land meets the appropriate pollutant limits under
				40 CFR 503.13,
				subject to the following:
1. Written
				Department approval pursuant to (c) below is required to accept sewage sludge
				for blending from domestic treatment works sources not known at the time of
				permit application where the median or mean pollutant concentration (based on a
				12 month moving mean and median) for the source exceeds the residual quality
				limitations imposed on the person who prepares the residual pursuant to
				40 CFR 503.13;
				and
2. Written Department approval
				pursuant to (c) below is required to accept residual from industrial treatment
				works sources not known at the time of permit application regardless of
				quality.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 20 - STANDARDS FOR THE USE OR DISPOSAL OF RESIDUAL › Section 7:14A-20.12 - Residual blending and distribution

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only
				exceptional quality residual generated and distributed in accordance with this
				subchapter shall be used for residual blending and distribution.
(b) The storage of bulk exceptional quality
				residual in excess of 100 cubic yards, or the storage of material derived from
				exceptional quality residual in excess of 2,500 cubic yards, is prohibited
				except in accordance with a NJPDES permit.
(c) On or before July 5, 2009, the operating
				entity of an existing residual blending and distribution site that is required
				to obtain a NJPDES permit pursuant to (b) above shall submit a complete permit
				application, or cease operation and remove all residual and material derived
				from residual.
(d) An applicant for
				a residual blending and distribution permit shall submit the information
				required at N.J.A.C. 7:14A-4 and, in accordance with the applicable NJPDES
				Permit Technical Manual, shall demonstrate that the site is appropriate for
				residual blending and distribution, including a description of how the site is
				or will be managed. The demonstration shall include, at a minimum:
1. A plot plan showing all marketable
				residual product blending and storage areas, including the dimensions of all
				storage areas indicated in feet, showing maximum storage pile height, length
				and width;
2. A copy of a NJPDES
				stormwater permit, if applicable, or a written determination from the
				Department that a stormwater permit is not required;
3. A copy of a Soil Erosion and Sediment
				Control Plan, certified by the local Soil Conservation District, or an
				equivalent Department-approved erosion control plan, developed by a person
				trained in soil erosion and sediment control planning, for the site or part of
				the site affected; and
4. The
				maximum daily volume of exceptional quality residual proposed to be accepted,
				as well as the proposed maximum volume of exceptional quality residual and
				material derived from exceptional quality residual proposed to be stored at any
				one time.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 21 - REQUIREMENTS FOR INDIRECT USERS › Section 7:14A-21.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				subchapter:
1. Establishes requirements to
				prevent the introduction of pollutants into a local agency's treatment works
				which may:
i. Interfere with the operation of
				the local agency's treatment works;
ii. Pass through or would otherwise be
				incompatible with the local agency's treatment works; or
iii. Interfere with the local agency's chosen
				method of sludge management;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 21 - REQUIREMENTS FOR INDIRECT USERS › Section 7:14A-21.2 - Minimum requirements for all indirect users

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				conditions apply to all indirect users:
1.
				The prohibitions, as set forth in 40 CFR Part 403.5, against the introduction
				into a local agency's treatment works of any of the following:
i. Any pollutant(s) which causes pass through
				or interference;
ii. Any pollutants
				which create a fire or explosion hazard in the local agency's treatment works
				including, but not limited to, wastestreams with a closed cup flashpoint of
				less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test
				methods specified in
				40 CFR
				261.21;
iii. Any pollutants which will cause
				corrosive structural damage to the local agency's treatment works, but in no
				case a discharge with pH lower than 5.0, unless the treatment works is
				specifically designed to accommodate such discharges;
iv. Any solid or viscous pollutants in
				amounts which will cause obstruction to the flow in the local agency's
				treatment works resulting in interference;
v. Any pollutant, including oxygen demanding
				pollutants (for example, BOD) released in a discharge at a flow rate and/or
				pollutant concentration which will cause interference with the local agency's
				treatment works;
vi. Heat in
				amounts which will inhibit biological activity at the local agency's treatment
				works resulting in interference, but in no case heat in such quantities that
				the temperature at the local agency's treatment works exceeds 40 degrees
				Celsius (104 degrees Fahrenheit) unless the Department, upon request of the
				local agency, approves alternative temperature limits;
vii. Petroleum oil, nonbiodegradable cutting
				oil, or any product of mineral oil origin in amounts that will cause
				interference or pass through;
viii.
				Any pollutants which result in the presence of toxic gases, vapors, or fumes
				within the local agency's treatment works in a quantity that may cause acute
				worker health and safety problems; or
ix. Any trucked or hauled pollutant, except
				at discharge points designated by the local agency.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 21 - REQUIREMENTS FOR INDIRECT USERS › Section 7:14A-21.3 - Additional requirements for all significant indirect users

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 60 days
				after the effective date of a pretreatment standard for a subcategory under
				which an indirect user may be included, the indirect user may request that the
				control authority provide written determination on whether the indirect user
				falls within that particular subcategory. If an existing indirect user adds or
				changes a process or operation which may be included in a subcategory, the
				existing indirect user shall request this determination prior to commencing
				discharge from the added or changed process or operation. A new source shall
				request this determination prior to commencing discharge. Each request shall
				include:
1. A description of which
				subcategories might be applicable;
2. Evidence and reasons why a particular
				subcategory is applicable and why others are not applicable; and
3. The following certification over the
				signature of the person submitting the request:
"I certify under penalty of law that this document and all
				  attachments were prepared under my direction or supervision in accordance with
				  a system designed to assure that qualified personnel properly gather and
				  evaluate the information submitted. Based on my inquiry of the person or
				  persons who manage the system, or those persons directly responsible for
				  gathering the information, the information submitted is, to the best of my
				  knowledge and belief, true, accurate, and complete. I am aware that there are
				  significant penalties for submitting false information, including the
				  possibility of fine and imprisonment for knowing violations."