reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 11 - PROCEDURES AND CONDITIONS APPLICABLE TO NJPDES-DSW PERMITS › Section 7:14A-11.4 - Permit denial or conditions requested by other governmental agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If during the
				comment period for a draft DSW permit, the District Engineer of the Army Corps
				of Engineers advises the Department in writing that anchorage and navigation of
				any of the waters of the United States would be substantially impaired by the
				granting of a point source DSW permit, the permit shall be denied and the
				applicant so notified.
(b) If the
				District Engineer advises the Department that imposing specified conditions
				upon the permit is necessary to avoid any substantial impairment of anchorage
				or navigation, then the Department shall include the specified conditions in
				the permit.
(c) Review or appeal of
				a denial of a permit or of conditions specified by the District Engineer shall
				be made through the applicable procedures of the Corps of Engineers, and may
				not be made through the procedures provided in this chapter. If the conditions
				are stayed by a court of competent jurisdiction or by applicable procedures of
				the Corps of Engineers, those conditions shall be considered stayed in the DSW
				permit for the duration of that stay.
(d) If, during the comment period, the U.S.
				Fish and Wildlife Service, the National Marine Fisheries Service, or any other
				State or Federal Agency with jurisdiction over fish, wildlife, or public health
				advises the Department in writing that the imposition of specified conditions
				upon the permit is necessary to avoid substantial impairment of fish,
				shellfish, or wildlife resources, the Department shall include the specified
				conditions in the permit to the extent they are determined necessary to carry
				out provisions of
				40 CFR
				122.49 and the State and Federal
				Acts.
(e) In appropriate cases the
				Department may consult with one or more of the agencies referred to in this
				section or other agencies it deems appropriate before issuing a draft permit
				and may reflect such agencies' views in the statement of basis, the fact sheet,
				or the draft permit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 11 - PROCEDURES AND CONDITIONS APPLICABLE TO NJPDES-DSW PERMITS › Section 7:14A-11.6 - Federal criteria and standards for DSW permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				Federal criteria and standards apply to DSW permits:
1. The criteria and standards for the
				imposition of technology-based treatment requirements in DSW permits shall be
				as set forth in 40 C.F.R. 125, Subpart A;
2. The criteria for issuance of a permit to
				aquaculture projects shall be as set forth in 40 C.F.R. 125, Subpart
				B;
3. The criteria and standards
				for determining fundamentally different factors shall be as set forth in 40
				C.F.R. 125, Subpart D;
4. The
				criteria and standards for determining alternative effluent limitations for the
				thermal component of a discharge shall be as set forth in 40 C.F.R. 125,
				Subpart H;
5. The criteria
				applicable to cooling water intake structures shall be as set forth in 40
				C.F.R. 125, Subpart I, when the USEPA adopts these criteria;
6.
(Reserved)
7. The criteria and standards for imposing
				conditions for the disposal of sewage sludge shall be as set forth in 40 C.F.R.
				125, Subpart L; and
8. The criteria
				for ocean discharges shall be as set forth in 40 C.F.R. 125, Subpart
				M.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 11 - PROCEDURES AND CONDITIONS APPLICABLE TO NJPDES-DSW PERMITS › Section 7:14A-11.7 - Variances and modifications pursuant to the State and Federal acts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				discharger may request a variance from effluent limitations by filing a request
				by the close of the public comment period established pursuant to
				N.J.A.C.
				7:14A-15.10, as follows:
1. Modifications for achieving water
				quality-based effluent limitations must follow the procedures at
				N.J.A.C.
				7:9B-1.8 or 1.9.
2. A variance under Section 316(a) of the
				Federal Act for the thermal component of any discharge. A copy of the request
				submitted to USEPA pursuant to
				40 C.F.R.
				125, Subpart H, shall be submitted
				simultaneously to the Department as required under
				40 C.F.R.
				125. Such request shall be determined in
				accordance with
				7:14A-11.11.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 11 - PROCEDURES AND CONDITIONS APPLICABLE TO NJPDES-DSW PERMITS › Section 7:14A-11.8 - Decisions on variances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may grant or deny a request for a variance for the thermal component of a
				discharge under Section 316(a) of the Federal Act.
(b) The Department may deny, forward to the
				Regional Administrator with a written concurrence, or submit to USEPA without
				recommendation a completed request for:
1. A
				variance based on the economic capability of the applicant under Section 301(c)
				of the Federal Act; and
2. A
				variance based on water quality related effluent limitations under Section
				302(b)(2) of the Federal Act.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 11 - PROCEDURES AND CONDITIONS APPLICABLE TO NJPDES-DSW PERMITS › Section 7:14A-11.9 - Procedures for variances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A request for a
				variance filed under
				7:14A-11.7 shall be processed as
				follows:
1. If, at the time that a request for
				a variance is submitted, the Department has received an application for
				issuance or renewal of a permit but has not yet prepared a draft permit, the
				Department may:
i. Prepare a draft permit for
				public notice incorporating the Department's decision on the variance request;
				or
ii. If the variance
				determination will cause significant delay in issuing the permit, separate the
				variance request from the permit application and process the permit
				application.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 11 - PROCEDURES AND CONDITIONS APPLICABLE TO NJPDES-DSW PERMITS › Section 7:14A-11.10 - Public notice of Section 316(A) request

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				the information required under
				7:14A-15.10(f),
				public notice of a DSW draft permit for a discharge where a request under
				section 316(a) of the Federal Act and Section 6 of the State Act has been filed
				under 7:14A-11.7(a)2 
				shall include:
1. A statement that the
				thermal component of the discharge is subject to effluent limitations under
				Sections 301 and 306 of the Federal Act and Section 6 of the State Act and a
				brief description, including a quantitative statement, of the thermal effluent
				limitations proposed under Sections 301 or 306 of the Federal Act and Section 6
				of the State Act;
2. A statement
				that a Section 316(a) request has been filed and that alternative less
				stringent effluent limitations may be imposed on the thermal component of the
				discharge under Section 316(a) and a brief description, including a
				quantitative statement, of the alternative effluent limitations, if any,
				included in the request; and
3. If
				the applicant has filed an early screening request pursuant to
				40
				C.F.R. 125.72 for a Section 316(a) variance,
				a statement that the applicant has submitted such a request.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 11 - PROCEDURES AND CONDITIONS APPLICABLE TO NJPDES-DSW PERMITS › Section 7:14A-11.11 - Special procedures for decisions on thermal variances under Section 316(A)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided in 40 C.F.R. 124.65, the only issues connected with issuance of a
				particular permit on which the Department will make a final decision before the
				final permit decision is issued under
				7:14A-15.15 are whether alternative
				effluent limitations would be justified under Section 316(a) of the Federal Act
				and Section 6 of the State Act and whether cooling water intake structures will
				use the best available technology under Section 316(b) of the Federal Act. A
				permit applicant who seeks an early decision on these issues should request it
				and furnish supporting reasons with the permit application filed under
				7:14A-4.2. The Department shall
				decide whether or not to make an early decision. If the Department makes an
				early decision, such a decision on issues under Section 6 of the State Act and
				Section 316(a) or (b) of the Federal Act and the grant of the balance of the
				permit shall be considered issuance of a final permit decision under this
				chapter, subject to the requirements of public notice and comment and
				adjudicatory hearing requests of N.J.A.C. 7:14A-15 and 17.
(b) If the Department, on review of the
				administrative record, determines that the information necessary to decide
				issues under Section 6 of the State Act and Section 316(a) of the Federal Act
				is not likely to be available before the final permit decision, the Department
				may issue a permit under
				7:14A-15.15 for a term up to five
				years. This permit shall require achievement of the effluent limitations
				initially proposed for the thermal component of the discharge no later than the
				date otherwise required by State or Federal law. However, the permit shall also
				afford the permittee an opportunity to file a demonstration under Section
				316(a) of the Federal Act after conducting such studies as are required under
				40 C.F.R. 125, Subpart H. A new discharger may not exceed the thermal effluent
				limitation which is initially proposed unless and until its State Act Section 6
				and Federal Act Section 316(a) variance request is finally approved.
(c) Any proceeding held under (a) above shall
				be subject to public notice as required by
				7:14A-15.10 and shall be conducted
				at a time allowing the permittee to take necessary measures to meet the final
				compliance date in the event its request for modification of thermal limits is
				denied.
(d) Whenever the Department
				defers the decision under Section 316(a) of the Federal Act and Section 6 of
				the State Act, any decision under Section 316(b) may be deferred.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 11 - PROCEDURES AND CONDITIONS APPLICABLE TO NJPDES-DSW PERMITS › Section 7:14A-11.12 - Discharges from combined sewer overflows

Current through Register Vol. 56, No. 14, July 15, 2024
Permits issued for discharges from combined sewer overflows
				  shall include applicable provisions of the Federal Combined Sewer Overflow
				  (CSO) Policy (59 Federal Register 18688, published April 19, 1994) incorporated
				  herein at Appendix C.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 11 - PROCEDURES AND CONDITIONS APPLICABLE TO NJPDES-DSW PERMITS › Section 7:14A-11.13 - NJPDES/DSW PCB pollutant minimization plans for major facilities discharging to PCB-impaired waterbodies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				conditions apply to any major facility that discharges to a PCB-impaired
				waterbody segment.
1. PCB-impaired waterbody
				segments are those listed on Sublist 5 of the New Jersey List of Water Quality
				Limited Waters (also known as the 303(d) List or as the Impaired Waterbodies
				List), as being impaired or threatened for one or more designated uses due to
				PCBs. The reference in this paragraph to the List of Water Quality Limited
				Waters includes all amendments, supplements, and updates thereto. The current
				list of Water Quality Limited Waters is included in the New Jersey Integrated
				Water Quality Monitoring and Assessment Report, which can be found on the
				Department's web site at
http://www.state.nj.us/dep/wmm/sgwqt/wat/integratedlist/2004report.html
.
2. Major facility is defined at
				7:14A-1.2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 12 - EFFLUENT STANDARDS APPLICABLE TO DIRECT DISCHARGES TO SURFACE WATER AND INDIRECT DISCHARGES TO DOMESTIC TREATMENT WORKS › Section 7:14A-12.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				specifies Federal and State effluent standards which may be incorporated into a
				permit as an effluent limitation for direct discharges to surface water
				including those discharges conveyed to surface water via storm sewers and
				indirect discharges to DTWs.
(b)
				The effluent standards contained in this subchapter are applicable as follows:
1. Regarding stormwater discharges:
i. Any discharge of stormwater authorized by
				a general permit is exempt from the requirements of this subchapter unless such
				general permit provides otherwise;
ii. Any stormwater discharge shall be subject
				to one or more requirements of this subchapter when the effluent standard in
				question is achievable by stormwater treatment processes using commercially
				available technology and is not achievable using other practicable BMPs, and
				the fact sheet or statement of basis for the draft permit provides the basis
				for the inclusion of such requirement(s).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 12 - EFFLUENT STANDARDS APPLICABLE TO DIRECT DISCHARGES TO SURFACE WATER AND INDIRECT DISCHARGES TO DOMESTIC TREATMENT WORKS › Section 7:14A-12.2 - Secondary treatment effluent standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				requirements of this section shall apply to all direct discharges to surface
				water from publicly or privately owned domestic treatment works included in a
				NJPDES permit.
(b) The minimum
				level of effluent quality attainable by secondary treatment in terms of the
				parameter BOD[5], except as provided for in
				7:14A-12.3 is as follows:
1. The monthly average value shall not exceed
				30 mg/L;
2. The weekly average
				value shall not exceed 45 mg/L; and
3. The monthly average value for percent
				removal shall not be less than 85 percent.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 12 - EFFLUENT STANDARDS APPLICABLE TO DIRECT DISCHARGES TO SURFACE WATER AND INDIRECT DISCHARGES TO DOMESTIC TREATMENT WORKS › Section 7:14A-12.3 - Secondary treatment special considerations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section
				identifies special considerations applicable to effluent limitations for BOD[5]
				or CBOD[5] and TSS percentage removal or, for facilities receiving waste from
				certain industrial categories, relief in terms of less stringent BOD[5] or
				CBOD[5] and TSS concentration levels when the level of treatment required is
				more stringent than the minimum treatment requirements specified in
				N.J.A.C.
				7:14A-12.2.
(b) For domestic treatment works receiving
				less concentrated influent wastewater from combined sewer systems during wet
				weather, the Department may remove, or impose a less stringent, BOD[5] or
				CBOD[5] and TSS percent removal requirement than specified in
				7:14A-12.2(b)3, (c)3 or
				(e) 3. For such treatment works, any
				attainable percentage removal level shall be defined on a case-by-case
				basis.
(c) For domestic treatment
				works receiving less concentrated influent wastewater from combined sewer
				systems during dry weather, the Department shall remove, or impose a less
				stringent, BOD[5] or CBOD[5] and TSS percent removal requirement than specified
				in 7:14A-12.2(b)3, (c)3, or
				(e) 3 if the permittee satisfactorily
				demonstrates that:
1. The treatment works is
				consistently meeting, or will consistently meet, its permit effluent
				concentration limits but the percent removal requirements cannot be met due to
				less concentrated influent wastewater. In such case an applicant shall
				demonstrate compliance with effluent limitations consistently achievable
				through proper operations and maintenance as defined in
				7:14A-1.2;
2. To meet the percent removal requirements,
				the treatment works would have to achieve significantly more stringent effluent
				limitations, as defined in N.J.A.C. 7:14A-1.2, than would otherwise be required
				by the concentration-based standards and associated loadings; and
3. The less concentrated influent wastewater
				does not result from either excessive infiltration or clear water industrial
				discharges (for example, non-contact cooling water discharges or other
				discharges which do not contain pollutants in sufficient quantities to
				otherwise be of concern) during dry weather periods. If the less concentrated
				influent wastewater is the result of clear water industrial discharges, then
				the treatment works must control such discharges in accordance with 40 CFR
				403.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 12 - EFFLUENT STANDARDS APPLICABLE TO DIRECT DISCHARGES TO SURFACE WATER AND INDIRECT DISCHARGES TO DOMESTIC TREATMENT WORKS › Section 7:14A-12.4 - Minimum BOD[5] effluent standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For direct
				discharges to surface water for which BOD[5] or CBOD[5] water quality based
				effluent limitations based upon water quality studies acceptable to the
				Department have not been developed but are required under
				N.J.A.C.
				7:9B-1.5 or 1.6, the minimum treatment
				requirements for BOD[5] specified in (b) below shall apply except when more
				stringent effluent limitations are required by:
1. Section 301 or 306 of the Federal
				Act;
2. The Delaware River Basin
				Commission or the Interstate Environmental Commission, as applicable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 12 - EFFLUENT STANDARDS APPLICABLE TO DIRECT DISCHARGES TO SURFACE WATER AND INDIRECT DISCHARGES TO DOMESTIC TREATMENT WORKS › Section 7:14A-12.5 - Disinfection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All wastewater
				that could contain pathogenic organisms such as fecal coliform and/or
				enterococci organisms shall be subject to continuous year round disinfection
				prior to discharge into surface waters.
(b) The State effluent standard for fecal
				coliform organisms is as follows:
1. The
				monthly geometric mean shall not exceed 200 colonies/100 mL; and
2. The weekly geometric mean shall not exceed
				400 colonies/100 mL.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 12 - EFFLUENT STANDARDS APPLICABLE TO DIRECT DISCHARGES TO SURFACE WATER AND INDIRECT DISCHARGES TO DOMESTIC TREATMENT WORKS › Section 7:14A-12.6 - Foam

Current through Register Vol. 56, No. 14, July 15, 2024
(a) DSW dischargers
				are prohibited from discharging foam or causing foaming of the receiving water
				that:
1. Forms objectionable deposits on the
				receiving water;
2. Forms floating
				masses producing a nuisance;
3.
				Produces objectionable color or odor; or
4. Interferes with a designated use of the
				waterbody.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 12 - EFFLUENT STANDARDS APPLICABLE TO DIRECT DISCHARGES TO SURFACE WATER AND INDIRECT DISCHARGES TO DOMESTIC TREATMENT WORKS › Section 7:14A-12.7 - Phosphorus effluent standard

Current through Register Vol. 56, No. 14, July 15, 2024
The effluent standard for phosphorus discharged to a
				  freshwater lake, pond or reservoir, or tributaries to these waterbodies is
				  that, at a minimum, no effluent shall contain more than 1.0 mg/l total
				  phosphorus (as P), as a monthly average, unless the discharger(s) to such a
				  waterbody can demonstrate that a less stringent requirement will not result in
				  a violation of the Surface Water Quality Standards (N.J.A.C. 7:9B) or that the
				  control of point sources alone, in the absence of effective nonpoint source
				  controls, will not result in a significant reduction of phosphorus loadings to
				  the waterbody.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 12 - EFFLUENT STANDARDS APPLICABLE TO DIRECT DISCHARGES TO SURFACE WATER AND INDIRECT DISCHARGES TO DOMESTIC TREATMENT WORKS › Section 7:14A-12.8 - Oil and grease effluent standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				requirements of this section,
				N.J.A.C.
				7:14A-12.9 and 12.10 apply to direct
				discharges of oil and grease to surface water, and indirect discharges of
				petroleum based oil and grease to a domestic treatment works, except as
				specifically exempted in
				7:14A-12.10. Indirect users shall
				comply with any local agency standards for nonpetroleum based oil and
				grease.
(b) (Reserved)
(c) Direct dischargers to surface waters
				shall limit the oil and grease effluent content so that such effluent does not:
1. Exhibit a visible sheen;
2. Exceed an average monthly discharge
				limitation of 10 mg/L; and
3.
				Exceed a concentration of 15 mg/L in any single sample.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 12 - EFFLUENT STANDARDS APPLICABLE TO DIRECT DISCHARGES TO SURFACE WATER AND INDIRECT DISCHARGES TO DOMESTIC TREATMENT WORKS › Section 7:14A-12.9 - Reserved

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 12 - EFFLUENT STANDARDS APPLICABLE TO DIRECT DISCHARGES TO SURFACE WATER AND INDIRECT DISCHARGES TO DOMESTIC TREATMENT WORKS › Section 7:14A-12.10 - Petroleum hydrocarbon exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Indirect users
				shall be exempted from the petroleum hydrocarbon standards specified at
				7:14A-12.8(d),
				provided the following requirements are met:
1. The DTW into which the indirect user
				discharges submits a request for the exemption indicating it meets all of the
				following criteria:
i. The discharge from the
				domestic treatment works has met a 10 mg/L average and 15 mg/L maximum
				limitation for oil and grease for each of the reporting periods during the
				preceding 12 months, as determined by the Department;
ii. The sludge disposal option currently
				utilized or planned by the domestic treatment works considers petroleum
				hydrocarbons a beneficial constituent; and
iii. The DTW shows that the costs for oil and
				grease removal at its plant are in proportion to the other operation and
				maintenance costs of the plant.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 12 - EFFLUENT STANDARDS APPLICABLE TO DIRECT DISCHARGES TO SURFACE WATER AND INDIRECT DISCHARGES TO DOMESTIC TREATMENT WORKS › Section 7:14A-12.11 - Toxic effluent standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				(Reserved)
(b) (Reserved)
(c) (Reserved)
(d) For discharges to surface water from site
				remediation projects, the chemical specific toxic pollutant effluent standards
				are set forth in N.J.A.C. 7:14A-12 Appendix B, incorporated herein by
				reference.
(e) For new sources, new
				discharges or expanded direct discharges to surface water, the chemical
				specific toxic pollutant effluent standards are set forth in N.J.A.C. 7:14A-12
				Appendix C, incorporated herein by reference.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 12 - EFFLUENT STANDARDS APPLICABLE TO DIRECT DISCHARGES TO SURFACE WATER AND INDIRECT DISCHARGES TO DOMESTIC TREATMENT WORKS › Appendix A - RESERVED

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 12 - EFFLUENT STANDARDS APPLICABLE TO DIRECT DISCHARGES TO SURFACE WATER AND INDIRECT DISCHARGES TO DOMESTIC TREATMENT WORKS › Appendix C

Current through Register Vol. 56, No. 14, July 15, 2024
EFFLUENT STANDARDS FOR NEW SOURCES, NEW DISCHARGES OR
				  EXPANDED DIRECT DISCHARGES
Click here to view image.
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-13.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter sets forth the procedures the Department
				  will use in imposing numeric or non-numeric effluent limitations in DSW
				  permits.
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-13.2 - Types of effluent limitations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each DSW permit
				shall include conditions meeting the following requirements, as applicable:
1. Technology based limitations determined in
				accordance with
				7:14A-13.3 and 13.4. Technology
				based limitations include secondary treatment standards for DTWs, effluent
				limitations guidelines, and case-by-case limitations developed through a best
				professional judgment analysis. Applicability criteria are at
				7:14A-13.3(b);
i. For DTWs, effluent limitations based on
				secondary treatment as defined at 40 CFR 133 and incorporated into N.J.A.C.
				7:14A-12;
ii. For dischargers other
				than DTWs, effluent limits requiring:
(1)
				Effluent limitations based on the best practicable control technology currently
				available (BPT);
(2) For
				conventional pollutants, effluent limitations based on the best conventional
				pollutant control technology (BCT);
(3) For all toxic pollutants, effluent
				limitations based on the best available technology economically achievable
				(BAT);
(4) For pollutants which are
				neither toxic nor conventional pollutants, effluent limitations based on
				BAT.
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-13.3 - Applicability of effluent limitations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) DSW permits
				shall include water quality based effluent limitations or requirements where
				the Department determines that effluent limitations, guidelines or standards
				established pursuant to (b) through (e) below are not sufficient to achieve
				surface water quality standards established pursuant to N.J.A.C. 7:9B, or to
				attain and maintain a specified water quality through water quality related
				effluent limitations established pursuant to Section 302 of the Federal Act. In
				addition:
1. Where the Department determines
				that a discharge may adversely impact a waterbody with a higher use
				classification or antidegradation designation downstream of the discharge
				location, water quality based effluent limitations shall be developed and
				included in the discharge permit to ensure that the water quality standards
				applicable to the higher classification or antidegradation designation of the
				downstream waterbody shall be attained and maintained; and
2. Where the Department determines that a
				discharge may cause, contribute, or have the reasonable potential to cause an
				excursion above the surface water quality standards of another state, water
				quality based effluent limitations shall be developed and included in the
				discharge permit to ensure that the water quality standards for the affected
				waters of the other state shall be attained and maintained.
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-13.4 - Establishment of technology based limitations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The discharge
				permit shall include technology based effluent limitations to control all toxic
				pollutants which the Department determines are or may be discharged at a level
				greater than the level which can be achieved by the technology-based
				requirements appropriate to the permittee under
				7:14A-13.3(b)2.
(b) The Department may determine that
				surrogate limitations established in accordance with
				7:14A-13.10 will provide controls
				for one or more of the pollutants identified under (a) above.
(c) In setting case-by-case technology based
				limitations, the following factors shall be considered:
1. For best practicable control technology
				(BPT) requirements:
i. The total cost of
				application of technology in relation to the effluent reduction benefits to be
				achieved;
ii. The age of the
				equipment and facilities involved;
iii. The process employed;
iv. The engineering aspects of the
				application of various types of control techniques;
v. Process changes; and
vi. Non-water quality environmental impacts,
				including energy requirements.
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-13.6 - Calculation of water quality based limitations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the
				Department determines pursuant to
				7:14A-13.5 that a discharge causes,
				has the reasonable potential to cause, or contributes to an excursion above a
				Surface Water Quality Standard, a water quality based effluent limitation for
				each pollutant or pollutant parameter including WET, shall be determined in
				accordance with the USEPA TSD, as amended and/or supplemented, unless the
				permittee demonstrates that none of the methods in the TSD are applicable and
				that an alternative method will result in a water quality based effluent
				limitation that ensures compliance with the Surface Water Quality
				Standards.
(b) Water quality based
				effluent limitations for CPOs may be adjusted to address chlorine demand when
				the Department determines that such an adjustment is appropriate after review
				of additional information submitted in accordance with
				7:14A-4.3(e). The
				adjustment for chlorine demand shall be applied only within the approved
				regulatory mixing zone as defined in the Surface Water Quality Standards at
				N.J.A.C. 7:9B.
(c) Unless a metal
				translator is developed based on a site-specific water quality study or
				approved by USEPA as part of a watershed study or TMDL, the following metal
				translator values* shall be used to develop total recoverable effluent
				limitations from dissolved metal criteria:
Name of
						  the
Freshwater
Freshwater
Saline
Saline
Metal
Acute
Chronic
Acute
Chronic
1.
Arsenic
1.0
1.0
1.0
1.0
2.
Cadmium
0.651
0.651
0.994
0.994
3.
Chromium
						  III
0.277
0.277
N/A
N/A
4.
Chromium
						  VI
0.919
0.919
0.993
0.993
5.
Copper
0.908
0.908
0.83
0.83
6.
Lead
0.723
0.723
0.951
0.951
7.
Mercury
0.85
0.85
0.85
0.85
8.
Nickel
0.846
0.846
0.990
0.990
9.
Selenium
N/A
N/A
0.998
0.998
10.
Silver
0.85
N/A
0.85
N/A
11.
Zinc
0.950
0.950
0.946
0.946
*Metal Translator Value equals the ratio of the Dissolved
				  Metal Concentration to the Total Recoverable Metal Concentration.
N/A Not applicable
(d) Whole effluent toxicity test species
				selection criteria are as follows:
1. The
				objective of the Department is to use test species for whole effluent toxicity
				testing that are representative of the more sensitive aquatic biota from the
				different trophic levels of the waters in question.
2. Test species need not be indigenous to,
				nor occur in the waters in question.
3. The Department shall designate the
				approved representative species considered to be the most sensitive to the
				discharge.
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-13.7 - Determination of water quality based effluent limitations based on narrative criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where the
				Department has not established a numerical water quality criterion for a
				specific chemical pollutant but has determined that such a pollutant is present
				in an effluent at a concentration that causes, has the reasonable potential to
				cause, or contributes to an excursion or potential excursion above a narrative
				criterion in the Surface Water Quality Standards, the Department shall:
1. Establish effluent limitations using a
				calculated numeric criterion utilizing the best available scientific
				information and developed in accordance with
				7:9B-1.5(c)5;
				or
2. Establish effluent
				limitations on a surrogate parameter (for example, whole effluent toxicity) for
				the pollutant of interest, in accordance with
				7:14A-13.10, provided:
i. The permit identifies which pollutants are
				intended to be controlled by the use of the effluent limitation;
ii. 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 which
				are sufficient to attain and maintain applicable Surface Water Quality
				Standards;
iii. The permit requires
				the effluent and ambient monitoring necessary to show that during the term of
				the permit the limit on the surrogate parameter continues to attain and
				maintain applicable Surface Water Quality Standards; and
iv. The permit shall be reopened and
				limitations on the base parameters included therein if the limits on the
				surrogate parameter no longer attain and maintain applicable Surface Water
				Quality Standards.
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-13.8 - Calculation of effluent limitations using existing effluent quality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Effluent
				limitations based on existing effluent quality shall be calculated according to
				the following procedure:
1. The maximum
				projected effluent concentration shall be calculated in accordance with the
				statistical method contained in the USEPA TSD, as amended and/or supplemented,
				unless the permittee demonstrates that the method in the TSD is not applicable
				and that an alternative statistical method more accurately estimates the
				maximum projected effluent concentrations.
i.
				The following conditions apply:
(1) If at
				least 10 data points are available, a site specific coefficient of variation
				shall be determined.
(2) If fewer
				than 10 data points are available, the permit shall require monitoring and
				include a reopener clause to include existing effluent quality limitations
				based on 10 or more data points.
(3) The 95 percent confidence interval and
				the 95 percent probability basis shall be used.
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-13.9 - Seasonal effluent limitations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Seasonal water
				quality based effluent limitations for continuous discharges may be developed
				in accordance with the following:
1. The
				permittee shall submit the necessary water quality studies that address any
				effects or potential effects on nutrient cycling and potential or actual
				adverse biological impacts in other waterbody segments related to
				nutrients.
2. The seasonal
				limitations shall be developed from a seasonal TMDL or a seasonal site specific
				allocation for the specific pollutant(s) or pollutant parameter(s) which
				addresses critical conditions applicable to each season for which an effluent
				limitation is requested.
3.
				Seasonal water quality based effluent limitations shall be developed only for
				the following parameters and groups of parameters and only insofar as the warm
				weather limitations cannot be achieved due to decreases in biological treatment
				efficiency during cold weather:
i. Parameters
				affecting dissolved oxygen dynamics in the receiving stream;
ii. Nutrients, including phosphorus and
				nitrogen; and
iii. Ammonia-N, to
				protect against toxic effects in the receiving water.
4. Except as specified at (a)5 below,
				seasonal water quality based effluent limitations shall be developed for two
				seasons in each year.
5. Seasonal
				WLAs or site specific allocations may be developed for shorter periods of time
				including more than two seasons, when the United States Geological Survey
				provides a reliable estimate of applicable stream design flows from a gauging
				station located in the vicinity of the discharge location.
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-13.11 - Interim effluent limitations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Interim limits
				may be established for any pollutant or pollutant parameter where a final limit
				is required in accordance with
				7:14A-13.6 and where a compliance
				schedule is included in the discharge permit to allow the permittee to come
				into compliance with the effluent limitation.
(b) If the Department determines that interim
				limits are appropriate, the limits shall be determined in accordance with
				N.J.A.C. 7:14A-12, 13.4, or 13.8 so as to ensure that the current effluent
				quality of the discharge shall be maintained.
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-13.12 - Wet weather effluent limitations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant or
				permittee may request effluent limitations less stringent than those required
				by 7:14A-13.3, 13.4 or 13.6, which are
				applicable only during periods of excessive effluent flow due to precipitation
				events, provided one or more of the following criteria is met:
1. The facility receives excessive
				infiltration and inflow. In such cases the permit shall include the following
				conditions:
i. For effluent flows up to and
				including the hydraulic capacity of the facility, the effluent quality shall
				comply with applicable effluent limitations determined in accordance with
				7:14A-13.3, 13.4 or 13.6;
ii. For effluent flow in excess of the
				hydraulic capacity of the facility, the quantity of flow greater than the
				hydraulic capacity shall receive treatment consisting of, at a minimum,
				screening and disinfection. Wherever practicable, treatment shall also include
				settling and, if applicable, dechlorination;
iii. A schedule in the permit addressing
				elimination of the excess inflow and/or infiltration; and
iv. The permittee shall consent to the
				provisions incorporating the permit conditions imposed in accordance with (a)1i
				through iii above prior to the issuance of the final discharge
				permit;
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-13.13 - Quantity of flow used in the determination of effluent limitations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Effluent flows
				used for the determination of effluent limitations, standards, or prohibitions
				shall be established as described below:
1.
				Permit limitations for continuous discharges shall be determined as follows:
i. For DTWs, the design flow for the facility
				shall be used when determining permit effluent limitations.
ii. For non-DTWs, a reasonable measure of
				actual production of the facility, unless otherwise required by an effluent
				guideline or effluent standard, shall be used when determining effluent
				limitations. For new sources or new dischargers, actual production shall be
				estimated using projected production. The time period of the measure of
				production shall correspond to the time period of the calculated permit limits
				(for example, monthly production shall be used to calculate average monthly
				discharge limitations).
iii. The
				permit may include interim permitted flows that are less than the final design
				flow to reflect the anticipated effluent flow for the duration of the permit.
				The projected fifth year flow may be used for DTWs in the determination of
				water quality based effluent limitations applicable during periods prior to the
				facility utilizing the full design flow.
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-13.14 - Expression of effluent limitations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Effluent
				limitations shall be expressed as described below:
1. Water quality based effluent limitations
				shall be expressed as both concentration and mass loading, except as listed in
				(a)1i through iv below:
i. For parameters
				such as pH, temperature, radiation, or other pollutants, which cannot be
				appropriately expressed in terms of concentration and mass, the effluent
				limitations shall be expressed in units appropriate to the parameter;
ii. Water quality based limitations for whole
				effluent toxicity shall be expressed as the LC[50] or No Observed Adverse
				Effect Concentration, as appropriate, and equivalent acute toxic units for
				acute whole effluent toxicity limitations and as the IC[25] and equivalent
				chronic toxic units for chronic whole effluent toxicity limitations;
iii. If the ratio of the receiving stream
				flow within the mixing zone to the total effluent flow is greater than 100:1,
				the effluent limitations shall be expressed only as mass loading without an
				effluent limitation for concentration, provided that no specific regulatory
				requirement is applicable which would require limitations on effluent
				concentration;
iv. Water quality
				based limitations determined from a TMDL/WLA may be expressed as either
				concentration or mass loading if:
(1) The
				TMDL has been adopted in accordance with N.J.A.C. 7:15-7; and
(2) The TMDL specifically states that the
				associated water quality based effluent limitations shall be expressed only as
				either concentration or mass loading.
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-13.15 - Permit averaging periods

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit
				averaging periods for continuous discharges shall be determined as follows:
1. Limitations on industrial treatment works
				for conventional, non-conventional, and toxic pollutants shall, unless
				impracticable, be stated as maximum daily and average monthly discharge
				limitations;
2. Limitations for
				conventional and non-conventional pollutants discharged from a DTW shall,
				unless impracticable, be stated as average weekly and average monthly discharge
				limitations. Limitations on toxic pollutants discharged from a DTW shall,
				unless impracticable, be stated as maximum daily and average monthly discharge
				limitations;
3. Limitations on any
				pollutant or pollutant parameter where the monitoring frequency is once per
				month or less may be stated as a maximum daily limitation. Average monthly
				limitations may also be included on a site specific basis if the Department
				determines that such limitations are necessary to adequately regulate the
				discharge of pollutants from the facility;
4. For whole effluent toxicity where the
				effluent monitoring frequency is once per month or less, the maximum daily
				effluent limitation shall be stated as the No Observed Adverse Effect
				Concentration or minimum LC[50] (for acute whole effluent toxicity) or minimum
				IC[25] (for chronic whole effluent toxicity) and as a maximum acute or chronic
				toxic units. Average monthly limitations may also be included on a site
				specific basis if the Department determines that such limitations are necessary
				to adequately regulate the discharge of pollutants from the facility;
5. For limitations other than water quality
				based limitations which may be imposed on DTWs, where the average weekly
				limitation is calculated from the average monthly limitation, or the reverse,
				the Department may use a factor of 1.5 to calculate the average weekly
				limitation from the average monthly limitation or, alternatively, may, at the
				request of the applicant, use the statistical procedures at
				7:14A-13.6 to determine the
				appropriate average weekly limitation; and
6. For intermittent flows, the maximum
				limitation shall be applicable during periods of actual discharge.