New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 13 - EFFLUENT LIMITATIONS FOR DSW PERMITS › Section 7:14A-13.10 - Surrogate effluent limitations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Surrogate
				limitations may be included in a discharge permit in accordance with the
				following:
1. The permittee shall submit a
				written request to the Department which includes the specific parameter(s) to
				be used as a surrogate and specifically lists the base parameter(s) for which
				the surrogate parameter is requested;
2. The request shall include a detailed
				report demonstrating that the requested surrogate parameter is a reliable,
				precise and accurate surrogate. This report shall include, at a minimum,
				effluent data demonstrating the relationship, including the value(s) of the
				surrogate parameter(s) corresponding to the limitation(s) for the base
				parameter(s), between the proposed surrogate(s) and the parameters for which
				the surrogate is requested;
3.
				Where the Department approves the use of a surrogate, the fact sheet for the
				draft permit shall set forth the basis for the limit, including a finding that
				compliance with the effluent limit for the surrogate parameter shall result in
				controls on the pollutant of interest which are sufficient to attain the
				applicable effluent limitations. The permit shall identify which pollutants are
				intended to be controlled by the use of the surrogate limitation;
4. If the permit includes a limitation for
				the surrogate parameter(s) with a basis separate from the use of the parameter
				as a surrogate, the surrogate limitation(s) may be included in addition to any
				limitation for the surrogate parameter based on technology, water quality
				concerns, or effluent standards;
5.
				Where an effluent limitation is being imposed on a delegated local agency in
				accordance with N.J.S.A. 58:10A-7b(3) for categorical or other pollutants, the
				permittee may request the use of surrogate parameters in accordance with the
				following additional requirements:
i. Where a
				delegated local agency has requested that whole effluent toxicity be considered
				as the surrogate parameter for a limitation calculated for a toxic pollutant,
				the Department may presume that, subsequent to the effective date of the whole
				effluent toxicity limitation, compliance with the water quality based whole
				effluent toxicity limitation satisfies the report submittal requirements
				specified in (a)2 above;
ii. Upon
				its determination that the requested surrogate parameter is an appropriate and
				reliable surrogate, the Department shall include in the discharge permit
				effluent limitations for both the surrogate parameter(s) and the base
				parameter(s). Compliance with the base parameter(s) shall be determined based
				on compliance with the surrogate parameter; and
iii. The permit shall require that, if the
				surrogate parameter is exceeded, the effluent limitations covered by the
				surrogate shall become effective upon notification by the Department, unless
				the permittee demonstrates that the base parameters were not exceeded at the
				time that the surrogate parameter was exceeded. The permit may also include
				procedures for re-establishment of the use of a surrogate parameter;
6. The permit shall require the
				monitoring necessary to demonstrate that during the term of the permit the
				limit on the surrogate parameter continues to attain and maintain applicable
				effluent limitations. The permit shall require monitoring of the surrogate
				parameter and may also require monitoring of the base parameter(s) covered by
				the surrogate parameter;
7. The
				permit shall be reopened and modified to include limitations on the base
				parameter(s) if the Department determines that the surrogate parameter(s) no
				longer ensure attainment of the applicable effluent limitations for the base
				parameter(s); and
8. The
				Department, upon its own initiative, may include a limitation for a surrogate
				parameter irrespective of a request by the affected permittee provided the fact
				sheet sets forth the basis for the limit, including a finding that compliance
				with the effluent limit on the surrogate parameter will result in controls on
				the pollutant of concern that are sufficient to attain the applicable effluent
				limitations and the permit conditions in (a)5 and 6 above are
				satisfied.