reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14 - WATER POLLUTION CONTROL ACT › Subchapter 8 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:14-8.17 - Enforcement actions for failure to implement an approved industrial pretreatment program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may assess a civil administrative penalty against any delegated local agency
				pursuant to this section for each violator who fails to implement its approved
				industrial pretreatment program as required by the Federal Act, the State Act,
				or the Water Pollution Control Act, and for violations of any rule,
				administrative order, or permit issued pursuant thereto.
(b) Each violation of any provision of the
				Federal Act, the State Act, the Water Pollution Control Act, or any rule,
				administrative order, or permit issued pursuant thereto, shall constitute an
				additional, separate and distinct violation.
(c) The Department may assess a civil
				administrative penalty for violations described in this section at the midpoint
				of the following ranges except as adjusted pursuant to (e) below:
1. For failure to implement any of the
				following pretreatment program requirements, the civil administrative penalty
				shall be in an amount up to $ 10,000:
i. Give
				public notice to indirect users which meet or have met the significant
				non-compliance criteria as defined by 40 CFR Part 403.8(f)(2)(vii);
ii. Ensure public participation and
				notification;
iii. Perform RCRA
				notification pursuant to 40 CFR Part 403; or
iv. Submit required major program
				modifications.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14 - WATER POLLUTION CONTROL ACT › Subchapter 8 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:14-8.19 - Civil administrative penalties for violations of the Underground Storage of Hazardous Substances Act

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may assess a civil administrative penalty pursuant to this section of not more
				than $ 50,000 for each violation of
N.J.A.C. 7:14B
,
				Underground Storage Tanks.
(b) Each
				violation constitutes an additional, separate, and distinct
				violation.
(c) Each day during
				which a violation continues constitutes an additional, separate, and distinct
				violation.
(d) Where any
				requirement of
N.J.A.C. 7:14B
may pertain to more than one
				act, condition, occurrence, item, unit, waste, or parameter, the failure to
				comply with such requirement as it pertains to each such act, condition,
				occurrence, item, unit, waste, or parameter constitutes an additional,
				separate, and distinct violation.
(e) For a violation of a requirement or
				condition of an administrative order, permit, or license, the Department may in
				its sole discretion identify a comparable requirement of any violation
				description listed in
N.J.A.C.
				7:14-8.18(c)
Table
				2 and determine the amount of the civil administrative penalty on the basis of
				the rule provision violated.
(f)
				The Department shall determine the amount of a civil administrative penalty for
				each violation of
N.J.A.C. 7:14B
on the basis of the provision
				violated, according to the following procedure:
1. Identify the rule violated;
2. Identify the corresponding base penalty
				dollar amount in
N.J.A.C.
				7:14-8.18(c)
Table
				2;
3. Multiply the base penalty
				dollar amount times the following multipliers for each factor to obtain the
				severity penalty component, as applicable:
Severity factor
Multiplier
i.
Violator violated the same rule less than 12
						  months prior to the violation
1.00
ii.
Violator violated a different rule less than
						  12 months prior to the violation
0.50
iii.
Violator violated the same rule during the
						  period which began 24 months prior to the violation and ended 12 months prior
						  to the violation
0.50
v.
i Violator violated a different rule during
						  the period which began 24 months prior to the violation and ended 12 months
						  prior to the violation
0.25
4.
				To obtain the civil administrative penalty for a particular violation, add all
				of the severity penalty components pursuant to (f)3 above to the base penalty.
				If the sum total exceeds $ 50,000, then the civil administrative penalty for
				that violation shall be $ 50,000.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14 - WATER POLLUTION CONTROL ACT › Subchapter 8 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:14-8.20 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any provision of this subchapter or the application
				  thereof to any person or circumstances is held invalid, such invalidity shall
				  not affect other provisions or applications, and to this end, the provisions of
				  the subchapter are declared to be severable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14 - WATER POLLUTION CONTROL ACT › Appendix B-3

Current through Register Vol. 56, No. 14, July 15, 2024
POLLUTANTS THAT ARE INHIBITORY TO BIOLOGICAL TREATMENT
				PROCESSES
CAS No.
INORGANIC
POLLUTANTS
14213979
Borate (Boron)
7440473
Chromium
7439965
Manganese
7440622
Vanadium
ORGANIC POLLUTANTS
107186
Allyl alcohol
57067
Allyl isothiocyanate
141435
2-Aminoethanol (mono ethanolamine)
538283
Benzyl thiuronium chloride
4170303
Crotonaldehyde
97234
Dichlorophen
591355
3,5-dichlorophenol
138896
Dimethylparanitrosoaniline
86566
N,N-dimethyl-1-naphthylamine
593851
Guanidine carbonate
124094
Hexamethylenediamine
148243
8-hydroxyquinoline
556616
Methyl isothiocyanate
867447
Methyl thiuronium sulphate
107197
Propargyl alcohol
83341
Skatole
128041
Sodium dimethyl dithiocarbamate
137428
Sodium methyl dithiocarbamate
137268
Tetramethyl thiuram disulphide
97745
Tetramethyl thiuram monosulphide
79196
Thiosemicarbazide
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 2 - GENERAL PROGRAM REQUIREMENTS › Section 7:14A-2.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter
				establishes the regulatory framework under the authority of
				58:10A-1 et seq., 58:11A-1 et
				seq., 58:11-49 et seq., 58:10-23.11 et seq., 58:11-18.10 et seq., 13:1D-1 et
				seq., 13:1E-1 et seq., 58:4A-5, 58:4A-4.1, 58:12A-1 et seq.
				42
				U.S.C. §§
										300F et seq., and
				33 U.S.C.
				§§
										1251 et seq., within which the
				Department regulates the discharge of pollutants to the surface and ground
				waters of the State.
(b) The intent
				of these rules is to:
1. Restore, enhance, and
				maintain the chemical, physical, and biological integrity of the waters of the
				State;
2. Protect public health and
				safety;
3. Protect potable water
				supplies;
4. Safeguard fish and
				aquatic life and scenic and ecological values;
5. Enhance the domestic, municipal,
				recreational, industrial, agricultural and other uses of water; and
6. Prevent, control, and abate water
				pollution.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 2 - GENERAL PROGRAM REQUIREMENTS › Section 7:14A-2.2 - Liberal construction and severability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter
				shall be liberally construed to permit the Department to effectuate the
				purposes of the State and Federal Acts.
(b) If any subchapter, section, subsection,
				provision, clause, or portion of this chapter or the application thereof to any
				person is adjudged unconstitutional or invalid by a court of competent
				jurisdiction, such judgment shall be confined in its operation to the
				subchapter, section, subsection, clause, portion, or application directly
				involved in the controversy in which such judgment shall have been rendered and
				it shall not affect or impair the remainder of this chapter or the application
				thereof to other persons.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 2 - GENERAL PROGRAM REQUIREMENTS › Section 7:14A-2.3 - Incorporation by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				requirements applicable to the NJPDES program of the Federal Clean Water Act (
				33 U.S.C.
				§§
										1251 et seq.), the Federal Safe
				Drinking Water Act (
				42
				U.S.C. §§
										300F et seq.), the State
				Act, and all Federal regulations cited in this chapter, including, but not
				limited to, 40 CFR Parts 110, 122, 123, 124, 125, 129, 133, 136, 144, 258, 264,
				403, and National Pretreatment Standards in 40 CFR chapter I, subchapter N, and
				including all amendments and supplements thereto, are incorporated into this
				chapter by reference unless the context clearly indicates otherwise. A copy of
				the Federal Act, the State Act, or any Federal regulation cited in this chapter
				may be obtained at the State Library.
(b) The Delaware River Basin Commission Water
				Quality Regulations, including all amendments and supplements thereto, and the
				Interstate Environmental Commission Water Quality Regulations, including, all
				amendments and supplements thereto, are incorporated into this chapter by
				reference unless the context clearly indicates otherwise.
(c) Wherever the requirements of this chapter
				are more stringent than existing requirements of a Federal regulation, the
				requirements of this chapter shall apply.
(d) For provisions of this chapter that
				incorporate Federal statutory requirements, amendments to the Federal statutes
				after the promulgation of these rules supersede these rules, as of the
				effective date of such amended Federal statute, to the extent that such Federal
				statutory amendments are not inconsistent with State statutory requirements.
				For provisions of this chapter that incorporate State statutory requirements,
				amendments to the State statute after the promulgation of these rules supersede
				these rules, as of the effective date of such amended State statute. The
				Department shall, subsequently, amend this chapter as necessary in accordance
				with the State Administrative Procedure Act.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 2 - GENERAL PROGRAM REQUIREMENTS › Section 7:14A-2.4 - Activities that require a NJPDES permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The NJPDES
				permitting program shall regulate and issue permits for the discharge of
				pollutants to surface and ground waters of the State, pursuant to the State and
				Federal Acts, except for those activities specifically prohibited or exempted
				pursuant to
				7:14A-2.4(d)  and
				2.5, respectively.
(b) The
				Department shall, at a minimum, issue NJPDES permits for the following
				activities:
1. Discharge of pollutants to
				surface and ground waters;
2. A
				discharge from an indirect user;
3.
				The land application of municipal wastewaters and/or industrial wastewaters,
				including, but not limited to, spray irrigation, overland flow, and
				infiltration-percolation lagoons;
4. The discharge from facilities under the
				jurisdiction of the Solid Waste Management Act,
				13:1E-1 et seq.;
5. The storage of any liquid or solid
				pollutant, in a manner designed to keep it from entering the waters of the
				State;
6. The discharge of
				pollutants into wells;
7.
				Discharges from concentrated animal feeding operations as specified in
				7:14A-2.13;
8. Discharges from concentrated aquatic
				animal production facilities as specified in
				7:14A-2.14;
9. Discharges from aquaculture
				projects;
10. Discharges from
				silvicultural point sources;
11.
				Discharges of stormwater to surface water and groundwater, including discharges
				through storm sewers, as set forth in N.J.A.C. 7:14A-24 and 25;
12. Discharges from site remediation
				projects;
13. The treatment,
				storage or disposal of hazardous waste which is not regulated by the Hazardous
				Waste Regulations, N.J.A.C. 7:26G; and
14. Those treatment works treating domestic
				sewage, or residual use or disposal practices, pursuant to Section 405(d) of
				the Federal Act and Sections 4 and 6 of the State Act, including, but not
				limited to, the land application of residual.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 2 - GENERAL PROGRAM REQUIREMENTS › Section 7:14A-2.5 - Exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				activities are exempt from the requirements to obtain a NJPDES permit from the
				Department:
1. Any direct discharge of sewage
				from vessels, effluent from properly functioning marine engines, laundry,
				shower, and galley sink wastes, or any other discharge incidental to the normal
				operation of a vessel. This exemption does not apply to the following:
i. Rubbish, trash, garbage, or other such
				materials discharged overboard; or
ii. Other discharges when the vessel is
				operating in a capacity other than as a means of transportation such as when
				used as an energy or mining facility, a storage facility or a seafood
				processing facility, a residence, or when secured to a storage facility or a
				seafood processing facility, or when secured to the bed of the ocean,
				contiguous zone, or waters of the United States for the purpose of mineral or
				oil exploration or development;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 2 - GENERAL PROGRAM REQUIREMENTS › Section 7:14A-2.6 - Conflict of interest

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any board or
				body which approves all or portion of a permit shall not include as a member
				any person who receives, or has during the previous two years received, a
				significant portion of direct or indirect income from permit holders or
				applicants for a permit.
(b) For
				the purposes of this section, "direct or indirect income from permit holders or
				applicants for a permit" is not received when it is derived from mutual fund
				payments, or from other diversified investments for which the recipient does
				not know the primary sources of income.
(c) For the purposes of this section, "permit
				holders or applicants for a permit" does not include any department or agency
				of the State government, such as the Division of Fish, Game, and Wildlife
				within the Natural and Historic Resources Program of the New Jersey Department
				of Environmental Protection, or the New Jersey Department of
				Transportation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 2 - GENERAL PROGRAM REQUIREMENTS › Section 7:14A-2.7 - Permit duration and renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All NJPDES
				permits shall be issued for fixed terms not to exceed five years. The
				Department shall issue any permit for a duration that is less than the full
				allowable term under this section when:
1. A
				shorter permit duration will facilitate issuance of a discharge permit in
				accordance with a watershed management plan;
2. The permittee requests a shorter permit
				duration; or
3. The discharge is
				anticipated to cease in less than five years.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 2 - GENERAL PROGRAM REQUIREMENTS › Section 7:14A-2.8 - Administrative continuation of permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The conditions
				of an expired NJPDES permit are continued in force pursuant to the
				"Administrative Procedure Act,"
				52:14B-11, until the effective
				date of a new permit or of authorization under a general permit, or until the
				effective date of denial of a permit application, if:
1. The permittee submits a timely and
				complete application, request for renewal, or request for authorization under a
				general permit, if required, as provided in
				7:14A-4.2(e)3;
				and
2. The Department, without
				fault on the part of the permittee, fails to issue a new permit with an
				effective date on or before the expiration date of the previous permit (for
				example, when issuance is delayed due to constraints of time or
				resources).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 2 - GENERAL PROGRAM REQUIREMENTS › Section 7:14A-2.9 - Enforcement action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any permit
				noncompliance constitutes a violation of the State and Federal Acts or other
				authority of this chapter and is grounds for enforcement action, permit
				suspension, revocation, revocation and reissuance, modification, or for denial
				of a permit renewal application.
(b) The need to halt or reduce activity is
				not a defense for permit noncompliance in accordance with the following:
1. It shall not be a defense in an
				enforcement action for a permittee that it would have been necessary to halt or
				reduce the permitted activity in order to maintain compliance with the
				conditions of the permit.
2. Upon
				the reduced capacity, loss, or failure of the treatment facility, a permittee
				shall, to the extent necessary to maintain compliance with its permit, control
				production or all discharges or both until the facility is restored or an
				alternative method of treatment is provided.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 2 - GENERAL PROGRAM REQUIREMENTS › Section 7:14A-2.10 - Subpoenas

Current through Register Vol. 56, No. 14, July 15, 2024
The Department may issue subpoenas requiring attendance and
				  testimony under oath of witnesses before, or the production of documents or
				  information, in whatever form stored or recorded, to him or her or to a
				  representative designated by the Commissioner. Service of a subpoena shall be
				  by certified mail or personal service. A person receiving a request for
				  information pursuant to a subpoena shall comply with the provisions in
				  7:14A-2.11(d).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 2 - GENERAL PROGRAM REQUIREMENTS › Section 7:14A-2.11 - Duty to provide information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the
				Department has reason to believe that a person has, or may have, information
				relevant to a discharge or potential discharge of a pollutant, that person
				shall, upon receipt of written notice from the Department, provide information
				regarding the discharge or potential discharge to the Department. Such persons
				include, but are not limited to, any persons having generated, treated,
				transported, stored, or disposed of the pollutant, or any persons having
				arranged for the transportation, storage, treatment or disposal of such
				pollutant. The following information shall be provided to the Department:
1. The nature, extent, source, and location
				of the discharge, or potential discharge;
2. Identification of the nature, type,
				quantity, source, and location of the pollutant or pollutants;
3. The identity of, and other relevant
				information concerning, the generator or transporter of the pollutant, or any
				other person subject to liability for the discharge or potential discharge;
				and
4. The ability of any person
				liable, or potentially liable, for the discharge, or potential discharge, to
				pay for, or perform, the cleanup and removal, including the availability of
				appropriate insurance coverage.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 2 - GENERAL PROGRAM REQUIREMENTS › Section 7:14A-2.12 - Studies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Ambient water
				quality studies may be required to develop TMDLs in accordance with N.J.A.C.
				7:15-7. Where such studies are necessary, the ambient water quality sampling
				and data analysis and interpretation may be performed by the Department,
				affected cities or municipalities, permittees, or other interested
				parties.
(b) Ambient studies
				consist of water quality and/or biological studies and shall be used to
				supplement the Department's ongoing sampling programs. Where the data necessary
				to make a determination of effluent limitations have already been collected and
				analyzed by the Department, or are anticipated to be collected and analyzed
				prior to the determination of effluent limitations, duplicative studies shall
				not be required. Where the data do not exist and/or are incomplete, the
				Department may require the permittee or the applicant to undertake any and all
				studies that it determines necessary to determine permit limits and conditions.
				Such studies may include, but are not limited to, dilution analysis/mixing zone
				studies (including stream design flows), dissolved oxygen studies, effluent
				characterizations, studies to demonstrate compliance with the ocean discharge
				criteria, antidegradation analysis, in-stream water quality studies to develop
				water quality based effluent limitations, and biological, nutrient, and toxics
				impact analysis.
(c) All studies
				conducted for the purposes of implementing the requirements of this chapter
				shall be performed in accordance with a Department approved Work/Quality
				Assurance Project Plan. At a minimum, the Work/Quality Assurance Project Plan
				shall define the data quality objectives and specify the field sampling
				protocols, field survey, and laboratory analytical methods and procedures to be
				implemented in the project. The Work/Quality Assurance Project Plan shall be
				consistent with guidance from the following documents:
1. The Department's Field Sampling Procedures
				Manual, dated August 2005, as supplemented or amended (available at
http://www.nj.gov/dep/srp/
),
				incorporated by reference; and
2.
				USEPA Region II "Guidance for the Development of Quality Assurance Project
				Plans for Environmental Monitoring Projects," dated April 2004, as supplemented
				or amended (available at
http://www.epa.gov/region02
)
				incorporated by reference, or the USEPA "Guidance for Preparation of Combined
				Work/Quality Assurance Project Plans For Environmental Monitoring" (OWRS QA-1),
				Office of Water Regulations and Standards, Washington D.C., dated May 1984, as
				supplemented or amended and incorporated by reference.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 2 - GENERAL PROGRAM REQUIREMENTS › Section 7:14A-2.13 - Specific criteria for concentrated animal feeding operations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except for
				indirect discharges, a permit shall be obtained for any discharge from an
				animal feeding operation if the animal feeding operation meets the criteria for
				a concentrated animal feeding operation under (b) or (d) below.
(b) An animal feeding operation shall be
				considered concentrated if either (b)1 or 2 are met:
1. More than the numbers of animals specified
				in any of the following categories are confined:
i. 1,000 slaughter and feeder
				cattle;
ii. 700 mature dairy cattle
				(whether milked or dry cows);
iii.
				2,500 swine each weighing over 25 kilograms (approximately 55
				pounds);
iv. 500 horses;
v. 10,000 sheep or lambs;
vi. 55,000 turkeys;
vii. 100,000 laying hens or broilers (if the
				facility has continuous overflow watering);
viii. 30,000 laying hens or broilers (if the
				facility has a liquid manure handling system);
ix. 5,000 ducks; or
x. 1,000 animal units; or
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 2 - GENERAL PROGRAM REQUIREMENTS › Section 7:14A-2.14 - Specific criteria for concentrated aquatic animal production facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except for
				indirect discharges, a permit shall be obtained for any discharge from an
				animal production facility if the animal production facility meets the criteria
				in (b) below or is required to obtain a permit under (d) below.
(b) An animal production facility shall be
				considered a concentrated aquatic animal production facility if it is a
				hatchery, fish farm, or other facility that contains, grows, or holds aquatic
				animals in either of the following categories:
1. Cold water fish species, including but not
				limited to, the Salmonidae family of fish (for example, trout and salmon), or
				other cold water aquatic animals in ponds, raceways, or other similar
				structures which discharge at least 30 days per year, but does not include:
i. Facilities which produce less than 9,090
				harvest weight kilograms (approximately 20,000 pounds) of aquatic animals per
				year; and
ii. Facilities which feed
				less than 2,272 kilograms (approximately 5,000 pounds) of food during the
				calendar month of maximum feeding.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 2 - GENERAL PROGRAM REQUIREMENTS › Section 7:14A-2.15 - Reclaimed water for beneficial reuse

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person
				producing or proposing to produce RWBR shall refer to the guidance for
				restricted access RWBR or public access RWBR specified in the Department's
				"Technical Manual for Reclaimed Water for Beneficial Reuse," dated January
				2005, as supplemented or amended, and shall comply with all RWBR limitations
				and conditions in the applicable NJPDES permit. The implementation of a RWBR
				program at a facility will not be a basis for the Department to allow that
				facility to expand its sewer service area or capacity to accept additional
				wastewater. The Technical Manual for Reclaimed Water for Beneficial Reuse is
				available from the Department's Division of Water Quality at PO Box 029,
				Trenton, New Jersey 08625 or from the Division's website (
http://www.nj.gov/dep/dwq
).
1. Restricted access RWBR is the
				classification of reclaimed water for which the possibility of exposure of the
				general population to the water is minimal and/or exposure of workers to the
				water is controlled. Restricted access RWBR shall require at least secondary
				treatment and/or compliance with effluent limitations established in a NJPDES
				permit.
2. Public access RWBR is
				the classification of reclaimed water for which there is a high possibility
				that the general population will be exposed to the water, thereby requiring
				better than secondary treatment effluent requirements listed in
				7:14A-12.2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 4 - PERMIT APPLICATION REQUIREMENTS › Section 7:14A-4.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter sets forth the minimum NJPDES permit
				  application requirements, which apply to all applicants for NJPDES permits,
				  unless otherwise specified.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 4 - PERMIT APPLICATION REQUIREMENTS › Section 7:14A-4.4 - Additional application requirements for discharges to surface water

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant
				for an individual NJPDES permit for a process wastewater discharge is required
				to provide with the application a reasonable estimate or measure of the
				applicant's actual maximum and average actual production. For new sources or
				new discharges or activities, the applicant shall provide estimates expressed
				in terms of production (or other measure of operation). The reported estimate
				or measure of production must reflect the actual production of the facility as
				required in
				7:14A-13.13(a)1 
				ii. If production is likely to vary, alternative estimates may be submitted in
				consultation with the Department. Production estimates shall be made in
				accordance with the following (except as specified in
				7:14A-24.7, 25.9 and 25.10 for
				stormwater discharges):
1. An effluent
				guideline promulgated under Section 304 of the Federal Act, reported in the
				units used in the applicable effluent guideline;
2. A new source performance standard
				promulgated under Section 306 of the Federal Act, reported in the units used in
				the applicable new source performance standard; or
3. A toxic and pretreatment standard
				promulgated under Section 307 of the Federal Act reported in the units used in
				the standard.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 4 - PERMIT APPLICATION REQUIREMENTS › Section 7:14A-4.5 - Specific technical application requirements for direct discharges to surface water

Current through Register Vol. 56, No. 14, July 15, 2024
(a)N.J.A.C.
				7:14A-12 Appendix C includes the effluent standards for new sources, including
				new or expanded discharges or activities. The effluent standards for new
				dischargers are effluent limitations developed using water quality assumptions
				applicable to a pollutant that is known to be in the applicant's effluent. An
				applicant may request effluent limitations based on the effluent standards for
				a new discharge in lieu of conducting site specific water quality studies.
				Applicants for individual NJPDES permits for new sources or new discharges
				directly discharging to surface water, shall submit one of the following:
1. A complete application in accordance with
				the requirements of
				7:14A-4.2 and 4.3, including a
				request to include one or more of the effluent standards listed in N.J.A.C.
				7:14A-12 Appendix C as the effluent limitation(s) for each pollutant present in
				the applicant's discharge or activity. The applicant shall specify the specific
				pollutants where imposition of the effluent standards as effluent limitations
				are requested. By requesting the imposition of effluent standards listed in
				N.J.A.C. 7:14A-12 Appendix C as effluent limitations, an applicant shall be
				deemed to have waived its rights to contest the N.J.A.C. 7:14A-12 Appendix C
				effluent standards for each effluent limitation requested. The Department may
				determine that imposition of the effluent standards as effluent limitations are
				appropriate for specific pollutants and in that case shall exempt the applicant
				from completing detailed water quality studies for those pollutants;
				or
2. A complete application
				without a request for use of the effluent standards. Where the applicant does
				not request the effluent standards as provided at (a)1 above, the applicant
				shall submit all water quality studies which the Department determines are
				appropriate for the specific discharge.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 4 - PERMIT APPLICATION REQUIREMENTS › Section 7:14A-4.6 - Additional application requirements for significant indirect users

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				the requirements of
				7:14A-4.3, the application for an
				individual NJPDES-SIU permit shall include the information required under:
1.
										7:14A-4.4(a)1  and
				3; and
2.
										7:14A-4.4(b)1,2,3i(1-2),3i(4-7),3iii,
				and 4 through 7.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 4 - PERMIT APPLICATION REQUIREMENTS › Section 7:14A-4.7 - Additional application requirements for Discharges to Ground Water

Current through Register Vol. 56, No. 14, July 15, 2024
In addition to the requirements of
				  7:14A-4.2 and 4.3, an applicant for
				  a NJPDES-DGW permit shall submit the information required in N.J.A.C. 7:14A-7,
				  8, 9 and 10.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 4 - PERMIT APPLICATION REQUIREMENTS › Section 7:14A-4.8 - Additional application requirements for specific DSW discharges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For new or
				existing concentrated animal feeding operations, in addition to the application
				information requirements contained in
				7:14A-4.2 and 4.3, an application
				shall include the following information:
1.
				The type and number of animals in open confinement and housed under
				roof;
2. The number of acres used
				for confinement feeding; and
3. The
				design basis for the runoff diversion and control system, if one exists,
				including the number of acres of contributing drainage, the storage capacity,
				and the design safety factor.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 4 - PERMIT APPLICATION REQUIREMENTS › Section 7:14A-4.9 - Signatory requirements for permit applications and reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All permit
				applications, requests for authorization, reports required by permits other
				than MRFs, and other information requested by the Department, shall be signed
				by a person described in (a)1 through 4 below. MRFs shall be signed in
				accordance with the reporting requirements of
				7:14A-6.9.
1. For a corporation, by a responsible
				corporate officer. For the purpose of this section, a responsible corporate
				officer means:
i. A president, secretary,
				treasurer, or vice-president of the corporation in charge of a principal
				business function, or any other person who performs similar policy or
				decision-making functions for the corporation; or
ii. The manager of one or more manufacturing,
				production, or operating facilities, provided:
(1) The manager is authorized to make
				management decisions that govern the operation of the regulated facility,
				including having the explicit or implicit duty of recommending major capital
				investment, initiating and directing comprehensive measures to assure long term
				compliance with environmental laws and regulations, and ensuring that the
				necessary systems are established or actions taken to gather complete and
				accurate information for permit application requirements; or
(2) The authority to sign documents has been
				assigned or delegated to the manager in accordance with corporate
				procedures.
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-6.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				sets forth the minimal conditions which apply to all NJPDES permits unless the
				permit or fact sheet as described in
				7:14A-15.8 specifically includes an
				exemption from one or more of these required conditions.
(b) The Department shall incorporate all
				permit conditions either expressly or by reference in the permit. A permit that
				incorporates conditions by reference shall contain citations to the specific
				applicable rule section(s).
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-6.3 - Establishing permit conditions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				conditions required in all permits for all programs pursuant to
				7:14A-6.2, the Department shall
				establish conditions in permits for the individual programs, as required on a
				case-by-case basis.
(b) All NJPDES
				permits shall include any applicable Federal or State statutory or regulatory
				requirements which take effect prior to final permit issuance.
				7:14A-15.14, Reopening of the
				public comment period, provides a means for reopening NJPDES permit proceedings
				at the discretion of the Department where new requirements become effective
				during the permitting process and are of sufficient magnitude to make
				additional proceedings desirable. An applicable requirement is also any
				requirement which takes effect prior to the modification or revocation and
				reissuance of a permit, to the extent allowed in
				7:14A-16.4.
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-6.4 - Schedules of compliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall, when appropriate, specify in the permit a schedule of compliance,
				including interim deadlines for progress or reports of progress towards
				compliance with the State and Federal Acts and all other applicable authority
				for this chapter.
1. The first NJPDES permit
				issued to a new source or a new discharger shall contain a schedule of
				compliance only when necessary to allow a reasonable opportunity to attain
				compliance with requirements issued or revised after commencement of
				construction but less than three years before commencement of the relevant
				discharge. For dischargers with a discharge that has been suspended for an
				extended period during which the submittal of DMRs has also been suspended, a
				schedule of compliance shall be included as part of the permit or conditions
				for recommencement only when necessary to allow a reasonable opportunity to
				attain compliance with requirements issued or revised less than three years
				before recommencement of the discharge.
2. Except as provided in (b)1ii below, if a
				permit establishes a schedule of compliance which exceeds one year from the
				date of permit issuance, the schedule shall set forth interim requirements and
				the dates for their achievement.
i. The time
				between interim dates shall not exceed one year except that in the case of a
				schedule for compliance with standards for sewage sludge use or disposal, the
				time between interim dates shall not exceed six months.
ii. If the time necessary for completion of
				any interim requirement (such as the construction of a control facility) is
				more than one year and is not readily divisible into stages for completion, the
				permit shall specify interim dates for the submission of reports of progress
				toward completion of the interim requirements and indicate a projected
				completion date.
3. No
				later than 14 days following each interim date or final date of compliance, the
				permittee shall provide written notice to the Department of its compliance or
				noncompliance with interim or final requirements, or submit progress reports if
				(a)2ii above is applicable.
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-6.5 - Monitoring

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Monitoring
				requirements are as follows:
1. Samples and
				measurements taken for the purpose of monitoring shall be representative of the
				monitored activity.
2. The
				permittee shall perform all analyses in accordance with the analytical test
				procedures specified in 40 C.F.R. 136 or, in the case of residual use or
				disposal, in 40 C.F.R. 136 unless otherwise specified in 40 C.F.R. 503, or
				unless other test procedures have been specified in the permit. Where no
				approved test procedure is available, the permittee shall indicate a suitable
				analytical procedure and shall provide the Department with literature
				references or a detailed description of the procedure. The Department shall
				determine the appropriate procedure and require that procedure in the NJPDES
				permit. The laboratory performing the analyses shall be certified by the
				Department for the analysis of those specific parameters in accordance with
				N.J.A.C. 7:18. Information concerning laboratory approval and/or certification
				may be obtained from:
New Jersey Department of Environmental Protection
Office of Quality Assurance
PO Box 424
Trenton, New Jersey 08625-0424
(609) 292-3950
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-6.6 - Recordkeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person shall
				retain records of all monitoring information including all calibration and
				maintenance records and all original strip chart recordings for continuous
				monitoring instrumentation, copies of all reports required by a NJPDES permit,
				records of all data used to complete the application for a NJPDES permit, and
				records of monitoring information required by the permit related to the
				permittee's residual use and/or disposal practices for a period of at least
				five years, or longer as required by N.J.A.C. 7:14A-20, from the date of the
				sample, measurement, report, application, or record. The Department may at any
				time, extend this period through a written notice, and require that a person
				retain all records listed above for a period longer than five years for, at a
				minimum, any of the following reasons:
1.
				Enforcement action;
2. Litigation;
				and
3. Water quality
				studies.
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-6.7 - Notice requirements for facility alterations and additions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All permittees
				shall give written notice to the Department of any planned physical alterations
				or additions to the permitted facility which meet the criteria in (b) below, or
				as soon as possible.
(b) Notice is
				required only when:
1. The alteration or
				addition to a permitted facility meets one of the criteria for determining
				whether a facility is a new source as defined in
				7:14A-1.2;
2. The alteration or addition could
				significantly change the nature or increase the quantity of pollutants
				discharged;
3. The alteration or
				addition is expected to result in a significant change in the permittee's
				residual use or disposal practices, and such alterations, additions, or changes
				may justify the application of permit conditions that are different from or
				absent in the existing permit. This includes notification of additional use or
				disposal sites not reported during the permit application process; or
4. The planned alterations or changes in the
				permitted facility or activity may result in noncompliance with permit
				requirements.
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-6.8 - Reporting monitoring results

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The permittee
				shall report monitoring results in accordance with Department instructions
				and/or guidance documents, on the MRFs provided by the Department and/or the
				Baseline Reports (BR) required by the permit or the Department for the specific
				monitoring period at the intervals specified in the permit. The results
				submitted for the specific monitoring period shall be for samples taken during
				the specific monitoring period.
(b)
				All permittees with effluent limits expressed as daily maxima or minima without
				a monthly average for a particular parameter shall report, in addition to all
				other applicable reporting requirements, the average value obtained during the
				reporting month. However, for pH and WET, the reporting requirements of the
				permit shall govern.
(c) Any
				permittee required to adjust its effluent monitoring to monthly under
				7:14A-6.5(d) 
				shall also automatically adjust its reporting frequency to monthly.
(d) Monitoring results may be submitted to
				the Department electronically, provided:
1.
				The permittee executes and submits to the Department the NJPDES EDI Agreement,
				which requires:
i. Contact information for
				the facility and the facility administrator;
ii. The signature of the responsible
				official, certified in accordance with
				7:14A-4.9; and
iii. The permittee's agreement to comply with
				the NJPDES rules, including timely submission of a paper monitoring report form
				if submission electronically is not possible.
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-6.9 - Signatory requirements for MRSF and BR

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The MRSF and
				the BRs shall be signed by the highest ranking official having day-to-day
				managerial and operational responsibilities for the discharging facility as
				explained below:
1. For private entities this
				will usually be a person identified in
				7:14A-4.9(a)1;
				and
2. For local agencies (such as
				a sewerage entity, school board, or State agency), the highest ranking licensed
				operator having day-to-day managerial and operational responsibilities,
				including the responsibility to authorize capital expenditures and hire
				personnel for the discharging facility, shall sign the MRSF.
i. If the highest ranking licensed operator
				having day-to-day managerial and operational responsibilities for the
				discharging facility does not have the responsibility to authorize capital
				expenditures and hire personnel, he or she may sign the form. However, the
				person having those responsibilities shall also certify that he or she has
				received and reviewed the MRF by signing the MRSF.
3. In those instances where a local agency
				has contracted with another entity to operate the treatment works, the highest
				ranking official who signs the MRSF shall be an employee of the contract
				operator and not of the local agency.
i. If
				the highest ranking official of the contracted entity does not have the
				responsibility to authorize capital expenditures and hire personnel, he or she
				may sign the form. However, the person having those responsibilities at the
				local agency shall also certify that he or she has received and reviewed the
				MRF by signing the MRSF.