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-13.17 - Toxicity reduction evaluations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Toxicity
				reduction requirements shall be included in discharge permits which include a
				whole effluent toxicity limitations as follows:
1. When a minimum of two tests out of six
				consecutive whole effluent toxicity tests demonstrate that the effluent does
				not comply with the effluent limitation, the permittee shall initiate toxicity
				reduction implementation requirements.
2. Where an exceedance of the permit limit is
				directly caused by a documented facility upset, or other unusual event which
				has been identified and appropriately remedied by the permittee, test data
				collected during the period of upset may be eliminated when determining the
				necessity of initiating the following toxicity reduction implementation
				requirements.
3. Toxicity reduction
				requirements apply to limitations that are in effect or become effective during
				the term of the permit.
4. The
				permittee shall conduct a tiered investigation as specified below:
i. Within 30 days of the close of the
				monitoring period which contained the second violation specified in (a)1 above,
				the permittee shall initiate the toxicity characterization phase of monitoring
				consisting of increased monitoring frequency for a total of 12 additional
				tests, as follows:
(1) For major facilities,
				monthly effluent monitoring; and
(2) For minor facilities, semi-monthly
				effluent monitoring.
ii.
				Upon the third exceedance of the toxicity limit for a major facility or upon
				the fourth exceedance of the toxicity limit for a minor facility of the tests
				conducted during the characterization phase, a preliminary toxicity
				identification shall be conducted, which includes (a)4ii(1) through (5) below
				as applicable to a specific facility. This preliminary toxicity identification
				shall be completed within 15 months of completing the toxicity characterization
				phase:
(1) Treatment plant performance
				evaluation;
(2) Pretreatment
				program information;
(3) Evaluation
				of levels of ammonia-N and chlorine produced oxidants and their effect on the
				toxicity of the discharge;
(4)
				Evaluation of chemical use and processes at the facility; and
(5) Evaluation of incidental facility
				procedures (such as washing of floors and chemical spill disposal) which may
				contribute to effluent toxicity.
5. Where the data collected during the
				Toxicity characterization phase indicate consistent compliance with the whole
				effluent toxicity limit for four (4) consecutive tests, the toxicity reduction
				implementation requirements are deemed complete and the permittee may return to
				the monitoring frequency for WET specified in the discharge permit.
6. Where a preliminary toxicity
				identification has not resulted in compliance with the final effluent
				limitation, the permittee shall initiate a comprehensive toxicity investigation
				phase within six months of the completion of the preliminary
				investigation.
7. Within three
				months of the demonstration that a comprehensive toxicity investigation is
				necessary, the permittee shall submit a project study plan. The project study
				plan shall identify the party or parties responsible for the conduct of the
				comprehensive evaluation, establish a schedule for completion of the study, and
				identify and describe the technical approach which the study will utilize. The
				schedule for completion of the toxicity reduction evaluation is subject to
				Departmental approval.
i. Quarterly progress
				reports shall be submitted during the term of the toxicity reduction
				implementation requirements. The reports shall include a summary of data
				collected and actions taken during the applicable quarter. A copy of the
				transmittal letter for each quarterly report shall be forwarded to the
				applicable regional Enforcement Bureau; and
ii. A final report shall be submitted which
				identifies the specific actions taken by the permittee to achieve compliance,
				describes and identifies the pollutants or groups of pollutants contributing to
				or causing the whole effluent toxicity exceedances, and describes the final
				corrective actions taken to achieve compliance and the outcome of the
				study.
8. The permittee
				may elect to complete an instream verification study prior to the initiation of
				the comprehensive toxicity identification/ reduction phase specified in (a)6
				above. If the permittee selects this option, a project work plan approved by
				the Department shall be submitted in lieu of the project work plan specified in
				(a)7 above. This option shall be limited to permittees with discharges to
				non-tidal, freshwater receiving waters where a regulatory mixing zone of a
				defined size and shape has been established for the discharge. The study shall
				be completed and submitted to the Department for evaluation within two years of
				selecting this alternative.
i. Where the
				results of an instream verification study definitively demonstrate that there
				are no existing or potential adverse impacts from the discharge, the Department
				shall determine that the permittee is exempt from the requirements of (a)6
				above.
ii. If the data submitted
				for this study are deemed insufficient by the Department to make a
				determination that there are no existing or potential adverse impacts from the
				discharge, the permittee shall initiate the comprehensive toxicity
				identification and reduction evaluation requirements of (a)6 above within 90
				days of notification by the Department that the instream verification study was
				insufficient to make a determination.
iii. The instream verification study shall be
				completed in accordance with the approved project work plan. Evaluation of the
				instream data may also require completion of a mixing zone study.