New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 1 - ABBREVIATIONS, ACRONYMS AND DEFINITIONS › Section 7:14A-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
As used in this chapter, the following words and terms shall
				  have the following meanings, unless the context clearly indicates
				  otherwise:
"Abandoned well" means a well whose use has been discontinued
				  or which is in a state of disrepair such that it cannot be used for its
				  intended purpose or for observation purposes.
"Acidizing" means the injection of acid through the borehole
				  or well into a formation to increase permeability and porosity by dissolving
				  the acid-soluble portion of the rock constituents.
"Action levels" means permit conditions which are not
				  effluent limitations but require a permittee to act if breached.
"Actual flow" means the volume of sewage and other wastes
				  which a treatment works receives. Actual flow shall be determined by the
				  arithmetic average of the metered daily volumes of waste received at a
				  treatment works for the preceding period of three consecutive calendar months.
				  Where peak flows have been determined by the Department to be seasonal in
				  nature, the seasonal peak flow period shall be used in determining actual
				  flow.
"Acute to chronic ratio" means the ratio of the acute
				  toxicity of an effluent or a toxicant to its chronic toxicity. It is used as a
				  factor for estimating chronic toxicity on the basis of acute toxicity data, or
				  for estimating acute toxicity on the basis of chronic toxicity data.
"Acute toxicity" means a lethal or severe adverse sublethal
				  effect (for example, immobilization of daphnids) to an organism exposed to a
				  toxic substance for a relatively short period of time. Acute toxicity is
				  measured by short-term bioassays, generally of 48 or 96 hour duration.
"Adequate conveyance capacity" means:
1. In the downstream sewers, the peak dry weather flow does
				  not exceed 80 percent of the depth of the pipe and the peak wet weather flow
				  does not result in overflows or discharges from any unpermitted discharge
				  location; and
2. In downstream pumping stations with two pumps, peak dry
				  weather flow shall be handled by one pump, and in pumping stations with more
				  than two pumps, peak dry weather flow shall be handled with the largest pump
				  out of service, and the peak wet weather flow does not result in any overflow
				  or discharge from any unpermitted discharge location.
"Administratively" means those procedures used by the
				  Department in conducting normal business operations.
"Administratively continued" means the procedure used by the
				  Department to extend the time period for a permit, authorization, or approval
				  beyond the administrative expiration date of that permit, authorization, or
				  approval.
"Administrator" means the Administrator of the United States
				  Environmental Protection Agency (USEPA) or an authorized representative.
"Affected person" means a person who has asserted (and not
				  waived or withdrawn) a confidentiality claim covering information submitted to
				  the Department.
"Affected sewerage entity" means any public or private
				  sewerage authority, municipal utilities authority, joint meeting, State agency,
				  county, municipality, or other entity which owns or operates any sewage
				  treatment plant or sewage collection system, into which a treatment works will
				  discharge; or which has jurisdiction to treat or convey sewage or other
				  wastewater in the service area in which the proposed treatment works are to be
				  located.
"Agricultural land," for the purpose of N.J.A.C. 7:14A-20,
				  means land on which a food crop, a feed crop, or a fiber crop is grown. This
				  includes range land and land used as pasture.
"Agronomic rate" means the whole residual application rate on
				  a dry weight basis designed:
1. To provide the amount of nitrogen or other nutrients
				  needed by the food crop, feed crop, fiber crop, cover crop or vegetation grown
				  on the land;
2. To minimize the amount of nitrogen or other nutrients from
				  residual and all other fertilizer sources that passes below the root zone of
				  the crop or vegetation grown on the land to the ground water or that runs off
				  to surface waters; and
3. To provide the amount of calcium or magnesium oxides
				  capable of neutralizing soil acidity.
"Algaecide" means chemical agents which have the capacity to
				  destroy or otherwise control phytoplankton (algae) in water.
"Aliquot" means an individual sample of specified volume used
				  to make up a total composite sample.
"Amalgam separator" is a device to remove amalgam and its
				  metal constituents from dental facility wastewater.
"Amalgam waste" means and includes:
1. Non-contact amalgam (amalgam scrap that has not been in
				  contact with patient);
2. Contact amalgam (including, but not limited to, extracted
				  teeth containing amalgam);
3. Amalgam sludge captured by chairside traps, vacuum pump
				  filters, screens, and other amalgam trapping devices;
4. Used capsules containing amalgam; and
5. Leaking or unusable amalgam capsules.
"Ambient study" means a water quality, biological, mixing
				  zone, or other study conducted to determine the existing physical, chemical, or
				  biological conditions in a waterbody, existing effects of a discharge or other
				  activity on the physical, chemical, or biological conditions in a waterbody,
				  and/or to predict the potential physical, chemical, or biological effects of a
				  discharge or other activity on a waterbody.
"Anadromous fish" means fish that spend most of their life in
				  saline waters and migrate to fresh waters to spawn.
"Animal feeding operation" means a lot or facility (other
				  than an aquatic animal production facility) where the following conditions are
				  met:
1. Animals have been, are, or will be stabled or confined and
				  fed or maintained for a total of 45 days or more in any 12-month period;
				  and
2. Crops, vegetation, forage growth, or post-harvest residues
				  are not sustained in the normal growing season over any portion of the lot or
				  facility.
"Animal units" means the unit of measurement for any animal
				  feeding operation calculated as follows: the number of slaughter and feeder
				  cattle multiplied by 1.0, plus the number of mature dairy cattle multiplied by
				  1.4, plus the number of swine weighing over 25 kilograms (approximately 55
				  pounds) multiplied by 0.4, plus the number of sheep multiplied by 0.1, plus the
				  number of horses multiplied by 2.0.
"Annual pollutant loading rate" means the maximum amount of a
				  pollutant listed in
				  40 CFR 503.13
				  that can be applied to a unit area of land during a 365 day period.
"Annual whole residual application rate" means the maximum
				  amount of a residual (dry weight basis) that can be applied to a unit area of
				  land during a 365 day period.
"Applicant" means any person, corporation, government body or
				  other legal entity which applies for a NJPDES permit or Departmental approval
				  pursuant to this chapter.
"Application rates" means the hydraulic or loading limits
				  determined and set by the Department governing the application of pollutants to
				  the land or waters of the State.
"Apply residual or residual applied to the land" means land
				  application of residual. This definition shall include apply sludge or sludge
				  applied to the land as well as apply sewage sludge or sewage sludge applied to
				  the land.
"Approved industrial pretreatment program" means an
				  industrial pretreatment program prepared by a local agency and approved by the
				  Department in accordance with 40 CFR Part 403 and N.J.A.C. 7:14A-19.
"Aquatic substrata" means soil material and associated biota
				  underlying the water.
"Aquaculture projects" means a defined managed water area
				  which uses discharges of pollutants into that designated area for the
				  maintenance or production of harvestable freshwater, estuarine, or marine
				  plants and animals.
"Aquifer" means a geologic formation, group of geologic
				  formations, or a portion of a geologic formation capable of yielding a
				  significant amount of ground water to wells or springs.
"Area of review" means the area surrounding an injection well
				  described by the criteria set forth in 7:14A-8.13.
"Areawide plan" means any water quality management plan
				  adopted pursuant to Sections 208 and 303 of the Federal Act and Section 5 of
				  the "New Jersey Water Quality Planning Act," 58:11A-1 et seq.
"Authorized representative" means those persons whose
				  presence is in place of the actual entity, person, or Department, with all
				  rights and responsibilities.
"Average monthly discharge limitation" means the highest
				  allowable average of "daily discharges" over a calendar month calculated as the
				  sum of all daily discharges measured during a calendar month divided by the
				  number of daily discharges measured during that month.
"Average weekly discharge limitation" means the highest
				  allowable average of "daily discharges" over any seven consecutive days,
				  calculated as the sum of all daily discharges measured during any seven
				  consecutive days, divided by the number of daily discharges measured during
				  that period.
"Background ground water quality" is the ground water quality
				  that is not influenced by the discharge.
"Base flood" means a flood that has a one percent chance of
				  occurring in any given year (that is, a flood with a magnitude equaled once in
				  100 years).
"Baseline Report" means a report required following
				  promulgations of a Federal categorical standard, pursuant to
				  40 CFR
				  403.12(b).
"Batch discharge" means a "discharge" which occurs with
				  interruption throughout the operating hours of the facility.
"Best management practices" or "BMPs" for purposes of this
				  chapter means:
1. Schedules of activities, prohibitions of practices,
				  maintenance procedures, and other management practices to prevent or reduce the
				  pollution of waters of the State; or
2. Methods, measures, or practices selected by an agency to
				  meet its nonpoint source control needs.
BMPs also include treatment requirements, operating
				  procedures, and techniques to control site runoff, spillage or leaks, sludge or
				  waste disposal, or drainage from raw material storage. BMPs include, but are
				  not limited to, structural and nonstructural controls and operation and
				  maintenance procedures. BMPs can be applied before, during, and after
				  pollution-producing activities to reduce or eliminate the introduction of
				  pollutants into receiving waters.
"Bimonthly" means occurring every two months.
"Bioaccumulation" means the increase of the concentration of
				  a substance within the tissues of an organism, to levels in excess of that
				  substance's ambient environmental concentration, directly from the water or
				  through the ingestion of food (usually other organisms).
"Bioassay" means a toxicity test using aquatic organisms to
				  determine the concentration or amount of a toxic substance causing a specified
				  response in the test organisms under stated test conditions.
"Biocide" means chemical agents with the capacity to destroy
				  biological life forms. Bactericides, insecticides, and pesticides are examples
				  of biocides.
"Biological monitoring method" means a testing method which
				  utilizes any biological system or any of its parts for assessing the presence
				  or effects of one or more pollutants and/or environmental factors, either alone
				  or in combination.
"Biochemical oxygen demand" or "BOD" means the quantity of
				  dissolved oxygen in milligrams per liter (mg/l) either in an effluent or in a
				  waterbody, required during stabilization of decomposable organic matter by
				  aerobic biochemical action as determined by analytical procedures set forth in
				  the Manual of Methods for Chemical Analysis of Water and Wastes (USEPA, Office
				  of Technology Transfer, Washington, D.C., March 1983).
"Biota" means the animal and plant life of an ecosystem;
				  flora and fauna collectively.
"Biweekly" means occurring every two weeks.
"Board or body" means any governmental entity, who has or
				  shares authority to approve all or portions of permits either in the first
				  instance, as modified or reissued, or on appeal.
"Bulk residual" means residual that is not sold or given away
				  in a bag or other container for application to the land. This definition shall
				  include bulk sludge or bulk sewage sludge.
"Bunker silo" means a structure with low walls, a sloping
				  floor of an impervious material (usually concrete), and a leachate collection
				  system, designed to hold dewatered residuals.
"Bypass" means the anticipated or unanticipated intentional
				  diversion of waste streams from any portion of a treatment works.
"Carbonaceous biochemical oxygen demand" or "CBOD" means that
				  portion of the biological oxygen depletion either in an effluent or in a
				  waterbody which is due to the oxidation of carbon containing compounds.
"Casing" means a pipe or tubing of varying diameter and
				  weight, lowered into a borehole during or after drilling in order to support
				  the sides of the hole and thus prevent the walls from caving, to prevent loss
				  of drilling mud into porous ground, or to prevent water, gas, or other fluid
				  from entering the hole. For injection wells in Classes I, II, III, and IV, the
				  pipe or tubing shall be a heavy metal (steel or iron).
"Catastrophic collapse" means the sudden and total failure of
				  overlying strata caused by removal of underlying materials.
"Category One waters" means waters designated as such in the
				  Department's Surface Water Quality Standards at N.J.A.C. 7:9B.
"Category Two waters" means those waters not designated as
				  Outstanding National Resource Waters or Category One in 7:9B-1.15, the SWQS,
				  for purposes of implementing the Antidegradation Policies.
"Cementing" means the operation or process whereby a cement
				  slurry is pumped into a drilled hole and/or forced behind the casing.
"Certified laboratory" means a laboratory certified by the
				  Department in accordance with N.J.A.C. 7:18.
"Cesspool" means a covered pit with open-jointed lining into
				  which untreated sewage is discharged, the liquid portion of which is disposed
				  of by leaching into the surrounding soil, the solids or sludge being retained
				  within the pit. A cesspool is an injection well.
"Chemical oxygen demand" or "COD" means a measure of the
				  oxygen required to oxidize all compounds in water, both organic and inorganic
				  (in milligrams per liter, mg/l) in a waste sample under specific conditions of
				  an oxidizing agent, temperature and time as determined by analytical procedures
				  set forth in the for Chemical Analysis of Water and Wastes (USEPA, Office of
				  Technology Transfer, Washington, D.C., March 1983).
"Chlorine produced oxidants" means the sum of free and
				  combined chlorine and bromine as measured by the methods approved under
				  N.J.A.C. 7:18. In fresh waters the oxidants measured are comprised
				  predominantly of hypochlorous acid (HOCl), hypochlorite ion (OCl-),
				  monochloramine and dichloramine. In saline waters the oxidants measured are
				  comprised predominantly of the oxidants listed for fresh waters plus
				  hypobromous acid (HOBr), hypobromous ion (OBr-) and bromamines.
"Chronic toxicity" means death or other adverse impacts that
				  affect the growth, survival, or reproductive success of an organism or its
				  progeny after a relatively long exposure period to toxic substances. Chronic
				  toxicity is measured using intermediate-term or long-term bioassays.
"Class 1 sewage sludge management facility" means any
				  domestic treatment works (DTW) required to have an approved industrial
				  pretreatment program under
				  40
				  CFR 403.8(a) (including any
				  DTW located in a state that has elected to assume local program
				  responsibilities pursuant to 40 CFR part 403.10(e) ) and any treatment works
				  treating domestic sewage classified as a Class 1 sewage sludge management
				  facility by the Regional Administrator, or, in the case of State sewage sludge
				  management program approval, the Regional Administrator in conjunction with the
				  Commissioner, because of the potential for its sewage sludge use or disposal
				  practice to affect public health and the environment adversely.
"Clean Water Act" (CWA) also known as the Federal Act or
				  Federal Clean Water Act (
				  33 U.S.C.
				  §§
										1251 et seq.) including all
				  subsequent supplements and amendments.
"Clean Water Act and regulations" means the Clean Water Act
				  (CWA) and applicable regulations promulgated thereunder. In the case of an
				  approved State program (NJPDES), it includes State program requirements.
"Closed conduit" means any closed natural or artificial duct,
				  such as a pipe, for conveying fluids.
"Coefficient of variation" means the statistical measure of
				  variability calculated as the standard deviation divided by the estimated
				  mean.
"col/100 mL" means the coliform colonies per 100
				  milliliters.
"Cold water aquatic animals" means, but is not limited to,
				  the Salmonidae family of fish (for example, trout and salmon).
"Combined sewer overflow" means the excess flow from the
				  combined sewer system which is not conveyed to the domestic treatment works for
				  treatment, but transmitted by pipe or other channel directly to waters of the
				  State.
"Combined sewer system" means a sewer system that is designed
				  to carry sanitary sewage at all times and that also is designed to collect and
				  transport stormwater from streets and other sources, thus serving a combined
				  purpose.
"Commercial unit" means one or more buildings, or one or more
				  rooms within a building, which will be occupied by a single individual,
				  corporation, company, association, society, firm, partnership or joint stock
				  company, and used for nonresidential purposes.
"Commissioner" means the Commissioner of the New Jersey
				  Department of Environmental Protection or an authorized representative.
"Committed flow" means the sum of the actual flow plus the
				  sum of all flows which are anticipated from connections which have been
				  approved but are not yet in operation. The flow to be anticipated from any such
				  connections shall be that flow approved by the Department.
"Common plan of development or sale" means a contiguous area
				  where multiple separate and distinct development activities have occurred, are
				  occurring, or are proposed to occur under one plan. The "plan" in a common plan
				  of development is broadly defined as any announcement or piece of documentation
				  (including, but not limited to, a sign, public notice or hearing,
				  advertisement, drawing, permit application, zoning request) or physical
				  demarcation (including, but not limited to, boundary signs, lot stakes,
				  surveyor markings).
"Complete permit application" means a permit application
				  which is both administratively and technically complete. An administratively
				  complete permit application is a permit application which complies with all of
				  the requirements in the permit application checklist referenced in
				  7:14A-15.3(c). A technically complete permit application is a permit
				  application which has been determined to be administratively complete and
				  satisfactorily addresses the requirements in the permit application checklist
				  and any specific permit application requirements for the particular type of
				  discharge set forth in this chapter.
"Compliance monitoring report" means a report periodically
				  submitted by a permittee to verify continued compliance. This term includes a
				  Discharge Monitoring Report (DMR) and any report required in an SIU permit
				  pursuant to
				  40 CFR
				  403.12(e).
"Composite sample" means a sample composed of several
				  discrete samples combined in a known proportion. For NJPDES wastewater
				  monitoring, a composite sample is a sample composed of several discrete samples
				  collected at equal time intervals, or proportionally to the flow rate of the
				  discharge.
"Composting" means the biological decomposition of dewatered
				  organic residuals under controlled conditions of temperature, pH, oxygen and
				  moisture, by which the volatile fraction, the putrescibility, and the pathogen
				  concentrations in the residuals are reduced.
"Concentrated animal feeding operations" means an animal
				  feeding operation which meets the criteria set forth in 7:14A-2.13.
"Concentrated aquatic animal production facilities" means a
				  commercial aquarium, hatchery, fish farm, or other facility which meets the
				  criteria set forth in 7:14A-2.14.
"Confidence interval" means the interval above and below the
				  mean of the sample data set within which the true mean of the entire data set
				  would be expected to be found.
"Confidence interval for individual data points" means the
				  interval above and below the mean of the sample data set within which any
				  individual datum would be expected to be found.
"Confidentiality claim" means a claim or allegation that
				  information is entitled to confidential treatment because such information
				  constitutes a trade secret.
"Confined aquifer" means an aquifer bounded above and below
				  by impermeable beds or by beds of distinctly lower permeability than that of
				  the aquifer itself; an aquifer containing confined ground water.
"Confining bed" means a body of impermeable or distinctly
				  less permeable material stratigraphically adjacent to one or more
				  aquifers.
"Confining zone" means a geological formation, group of
				  formations, or part of a formation that is capable of limiting fluid movement
				  above an injection zone.
"Connection" means, for purposes of N.J.A.C. 7:14A-22only,
				  any physical or operational change, associated with an increase in projected
				  flow, to a collection system of any building, facility, or other structure
				  either proposed or existing for which a building permit or other municipal
				  approval including site plan or subdivision approval is required, and which
				  connects directly or indirectly to any portion of a treatment works.
"Connection approval" means a treatment works approval to
				  construct and/or operate a connection pursuant to 58:10A-6, N.J.A.C. 7:14A-2 or
				  7:14A-22 or a permit to construct and operate a sewer connection.
"Conservation Plan" means the information provided to a land
				  user that includes guidance, alternatives, and decisions as needed to plan and
				  apply resource management systems consistent with the National Conservation
				  Planning Manual, Title 11, Natural Resources Conservation Service, United
				  States Department of Agriculture, including all future amendments and
				  supplements.
"Conservative parameter" means any parameter which is not
				  significantly degraded by physical, chemical, or biological processes which may
				  occur in a waterbody.
"Construction" means any placement, assembly or installation
				  of facilities, equipment or treatment works, or modification of existing
				  buildings, structures or facilities which is necessary for the placement,
				  assembly or installation of new source facilities, equipment or treatment
				  works, or entering into a binding contractual obligation for the purchase of
				  facilities or equipment which are intended to be used in its operation within a
				  reasonable time. Options to purchase or contracts which can be terminated or
				  modified without substantial loss and contracts for feasibility, engineering
				  and design studies do not constitute a contractual obligation for the purposes
				  of this definition.
"Construction cost" means the project cost, not including
				  financing or insurance charges, of that portion of a project that is subject to
				  review for a treatment works approval.
"Construction waste" means a construction waste as defined in
				  7:26-1.4, examples of which are identified in 7:26-1.7(e)1 iii.
"Control authority" means the entity responsible for
				  administering an industrial pretreatment program pursuant to 40 CFR 403 and
				  N.J.A.C. 7:14A-19 and shall be the Department in areas of the State served by a
				  local agency without an approved industrial pretreatment program or the
				  delegated local agency in all other areas of the State.
"Controlled streams" means any uni-directional waterbody
				  where the quantity or timing of water flow is determined by dams which restrict
				  or otherwise regulate the flow in the waterbody.
"Contaminant" means any physical, chemical, biological, or
				  radiological pollutant or matter in water.
"Contiguous zone" means the entire zone established by the
				  United States under Article 24 of the Convention on the Territorial Sea and the
				  Contiguous Zone.
"Continuous discharge" means a discharge which occurs without
				  interruption throughout the operating hours of the facility, except for
				  infrequent shutdowns for maintenance, process changes, or other similar
				  activities.
"Conventional pollutant" means a pollutant designated under
				  Section 304(b)(4) of the Federal Act.
"Co-permittee" means, for purposes of 7:14A-24.2 and 25.9
				  only, a permittee that is only responsible for NJPDES permit conditions
				  relating to the discharge for which that permittee is an operating
				  entity.
"Cover crop" means a crop of close growing grasses, legumes,
				  or small grains grown primarily for seasonal protection and soil improvement. A
				  cover crop usually is grown for one year or less, except where there is
				  permanent cover as in orchards.
"Criteria" means those elements of the Surface Water Quality
				  Standards, set forth at N.J.A.C. 7:9B, expressed as constituent concentrations,
				  levels, or narrative statements, representing a quality of water that supports
				  a designated use. When the criteria are met, water quality will generally
				  protect the designated use.
"Criteria continuous concentration" means the chronic aquatic
				  life criteria set forth in N.J.A.C. 7:9B-1.
"Criteria maximum concentration" means the acute aquatic life
				  criteria set forth in N.J.A.C. 7:9B-1.
"Critical biological periods" means those time periods when
				  significant portions of the biological community may be adversely affected by
				  discharge activities, including reproductive periods or periods of stress
				  resulting from non-biotic factors such as elevated temperature.
"Critical conditions" means the combination of those ambient
				  conditions when the ambient water quality standards are more likely to be
				  violated, such as elevated temperature or low flow periods.
"Cumulative pollutant loading rate" means the maximum amount
				  of a pollutant listed in
				  40 CFR 503.13
				  that can be applied to an area of land.
"Cumulative substance" means a substance that may be
				  bioaccumulated within an organism to concentrations that exert a toxic effect
				  on that organism or render it unfit for consumption.
"Daily" means every calendar day including weekends and
				  holidays.
"Daily discharge" means the discharge of a pollutant measured
				  during a calendar day or any 24-hour period that reasonably represents the
				  calendar day for purposes of sampling. For pollutants with limitations
				  expressed in units of mass, the daily discharge is calculated as the total mass
				  of the pollutant discharged over the day. For pollutants with limitations
				  expressed in other units of measurement, the daily discharge is calculated as
				  the average measurement of the pollutant expressed in designated units,
				  calculated over the day.
"Daily monitoring" means monitoring conducted every calendar
				  day, including weekends and holidays.
"Day" means an operating day or 24-hour period.
"Delegated local agency" means a local agency with an
				  industrial pretreatment program approved by the Department.
"Dental facility" means any dental clinic, dental office, or
				  dental practice, including hospitals, dental schools, and community health
				  centers.
"DEP Bulletin" means the publication issued by the Department
				  designed to provide public notice of certain Department actions.
"Department" means the New Jersey Department of Environmental
				  Protection.
"Department sanctioned analytical method" or "DSAM" means a
				  method that laboratories may be certified to perform if they qualify under the
				  requirements of the Regulations Governing the Certification of Laboratories and
				  Environmental Measurements rules at N.J.A.C. 7:18. Mandatory methods, published
				  or referenced in the Code of Federal Regulations, become DSAMs on their stated
				  effective date. DSAMs that are needed for analysis of Department program
				  regulatory samples, are designated as DSAMs by procedures described at
				  7:18-2.21.
"Design flow" means the average daily volume of wastewater
				  which a domestic treatment works was designed to treat or convey, or the
				  maximum permissible volume of flow to a domestic treatment works as established
				  by a NJPDES permit or a treatment works approval, whichever is most
				  stringent.
"Designated project area" means the portions of the waters of
				  the State within which the permittee or permit applicant plans to confine the
				  cultivated species, using a method or plan of operation (including, but not
				  limited to, physical confinement) which, on the basis of reliable scientific
				  evidence, is expected to ensure that specific individual organisms comprising
				  an aquacultural crop will enjoy increased growth attributable to the discharge
				  of pollutants, and be harvestable within a defined geographic area.
"Designated use" means those surface water or ground water
				  uses, both existing and potential, that have been established by the Department
				  for waters of the State.
"Diadromous fish" means fish that spend most of their life in
				  one type of water, either fresh or saline, and migrate to the other type to
				  spawn.
"Diffuser" means a device which is attached to the outfall
				  pipe to improve the mixing of the effluent with the receiving water.
"Dike" means an embankment or ridge of either natural or
				  man-made materials used to prevent the movement of liquids, sludges, solids or
				  other materials.
"Direct discharge" means a discharge to surface water. A
				  direct discharge includes any discharge through a separate storm sewer that
				  does not lead to a DTW.
"Director" means the Director of the Department's Division of
				  Water Quality, its predecessor or successor, or an authorized
				  representative.
"Discharge" means an intentional or unintentional action or
				  omission resulting in the releasing, spilling, leaking, pumping, pouring,
				  emitting, emptying, or dumping of a pollutant into the waters of the State,
				  onto land or into wells from which the pollutant might flow or drain into such
				  waters, or into waters or onto lands outside the jurisdiction of the State
				  which pollutant enters the waters of the State, and shall include the release
				  of any pollutant into a municipal treatment works. A leak into a secondary
				  containment system which does not involve a release into the waters or lands of
				  this State is not a "discharge" for purposes of applying the rules under this
				  chapter to violations of the Underground Storage of Hazardous Substances Act,
				  58:11-49 et seq. and the rules promulgated pursuant thereto, N.J.A.C.
				  7:14B.
"Discharge Allocation Certificate" or DAC means the
				  certificate issued by the Department which designates the quantity and quality
				  of pollutants which may be discharged by any person planning to undertake any
				  activity which will result in a discharge to surface water or a substantial
				  modification in a discharge to surface water.
"Discharge Monitoring Report" means the EPA's uniform
				  national form, as amended, for the reporting of self-monitoring results by
				  permittees, and includes Baseline Reports.
"Discharger" means any person, corporation, municipality,
				  sewerage authority or other entity, who causes or allows any discharge.
"Discharge to surface water" or "DSW" means a direct
				  discharge to surface water as defined in N.J.A.C. 7:9B. DSW does not include a
				  discharge to a DTW.
"Disinfection" means the removal, destruction, or
				  inactivation of pathogenic and indicator organisms.
"Disposal" means, for the purposes of management of residuals
				  including sewage sludge and of solid and hazardous waste, the storage,
				  treatment, utilization, processing, resource recovery of, or the discharge,
				  deposit, injection, dumping, spilling, leaking, or placing of any solid or
				  hazardous waste into or on any land or water so that the solid or hazardous
				  waste or any constituent thereof may enter the environment or be emitted into
				  the air or discharged into any waters, including ground waters.
"Disposal well" means a well used for the disposal of waste
				  into a subsurface stratum.
"Dissolved metal" means that concentration of metal that
				  passes through a 0.45 [micro]m membrane filter.
"District Sludge Management Plan" means the formalized
				  document developed by a Solid Waste Management District under the New Jersey
				  Solid Waste Management Act, 13:1E-1 et seq., or its designated or delegated
				  lead planning agency(ies) for submission to the State for certification as
				  mandated in the Solid Waste Management Act. The Plan is adopted by the District
				  and approved by the State. The District Sludge Management Plan is comprised of
				  all forms in Appendix K of the Statewide Sludge Management Plan and is divided
				  into four documents: an Inventory and Strategy Document, an Alternatives
				  Document, a Selection Document, and an Implementation Document. For the
				  purposes of the Statewide Sludge Management Plan, the District Sludge
				  Management Plan shall also include the sludge management plans prepared by a
				  sludge generator directed by the Department to plan in the event of District
				  failure to plan.
"Domestic pollutant" means a pollutant which results from the
				  discharge of household, commercial or other wastes from bathrooms, toilet
				  facilities, home laundries and kitchens which are predominantly the result of
				  natural human waste elimination associated with bodily function and food
				  preparation.
"Domestic septage" means either liquid or solid material
				  removed from a septic tank, cesspool, portable toilet, Type III marine
				  sanitation device, or similar treatment works that receives only domestic
				  sewage. Domestic septage does not include liquid or solid material removed from
				  a septic tank, cesspool, or similar treatment works that receives process
				  wastewater and does not include grease removed from a grease trap.
"Domestic sewage" means waste and wastewater from humans or
				  household operations that is discharged to or otherwise enters a treatment
				  works.
"Domestic treatment works" or "DTW" means all publicly owned
				  treatment works as well as any other treatment works processing primarily
				  domestic sewage and pollutants together with any ground water, surface water,
				  stormwater or process wastewater that may be present.
"Domestic wastewater" means the liquid waste or liquid borne
				  wastes discharged into a domestic treatment works.
"Draft permit" means a publicly noticed document indicating
				  the Department's intent to issue, deny, modify, revoke and reissue, revoke, or
				  reissue a permit.
"Dredged spoil" means sediments, known as spoil, removed
				  during dredging operations.
"Drilling mud" means a heavy suspension used in drilling an
				  injection well, introduced down the drill pipe and through the drill
				  bit.
"Dry weight basis" means calculated on the basis of having
				  been dried at 105 degrees Celsius until reaching a constant mass (that is,
				  essentially 100 percent solids content).
"EC[50]" means the median effective concentration of a toxic
				  substance expressed as a statistical estimate of the concentration that has a
				  specified adverse effect on 50 percent of the test organisms under specified
				  test conditions, based on the results of an acute bioassay.
"Effective date of a UIC program" means the date that a State
				  UIC program is approved or established by the Administrator.
"Effluent concentrations consistently achievable through
				  proper operations and maintenance" means:
1. For a given pollutant parameter, the 95th percent value
				  for the 30-day average effluent quality achieved by a treatment works in a
				  period of at least two years, excluding values attributable to upsets,
				  bypasses, operational errors, or other unusual conditions; and
2. A seven-day average value equal to the product of the
				  value derived under paragraph 1 of this definition, multiplied by 1.5.
"Effluent data" means with reference to any source of
				  discharge of any pollutant:
1. Information necessary to determine the identity, amount,
				  frequency, concentration, temperature, or other characteristics (to the extent
				  related to water quality) of any pollutant which has been discharged by the
				  source (or of any pollutant resulting from any discharge from the source), or
				  any combination of the foregoing;
2. Information necessary to determine the identity, amount,
				  frequency, concentration, temperature, or other characteristics (to the extent
				  related to water quality) of the pollutants which, under an applicable standard
				  or limitation, the source was authorized to discharge (including, to the extent
				  necessary for such purpose, a description of the manner or rate of operation of
				  the source); and
3. A general description of the location and/or nature of the
				  source to the extent necessary to identify the source and to distinguish it
				  from other sources (including, to the extent necessary for such purposes, a
				  description of the device, installation, or operation constituting the
				  source).
4. Notwithstanding 1 through 3 above, the following
				  information shall be considered to be "effluent data" only to the extent
				  necessary to allow the Department to disclose publicly that a source is (or is
				  not) in compliance with an applicable standard or limitation, or to allow the
				  Department to demonstrate the feasibility, practicability, or attainability (or
				  lack thereof) of an existing or proposed standard or limitation:
i. Information concerning research, or the results of
				  research, on any product, method, device, or installation (or any component
				  thereof) which was produced, developed, installed, and used only for research
				  purposes; and
ii. Information concerning any product, method, device, or
				  installation (or any component thereof) designed and intended to be marketed or
				  used commercially but not yet so marketed or used.
"Effluent limitation" means any restriction on quantities,
				  quality, discharge rates and concentration of chemical, physical, thermal,
				  biological, radiological, and other constituents of pollutants established by
				  permit, or imposed as an interim enforcement limit pursuant to an
				  administrative order, including an administrative consent order.
"Effluent limitation guidelines" means a regulation published
				  by the Administrator under Section 304(b) of the Federal Act.
"Emergency permit" means a permit issued in accordance with
				  7:14A-6.14.
"Epilimnion" means the freely circulating upper region of a
				  thermally stratified waterbody extending from the surface to the
				  thermocline.
"Exceptional quality" means, for a residual generated under a
				  NJPDES permit, that the ceiling concentrations in
				  40 CFR
				  503.13(b)1, incorporated by
				  reference, the pollutant concentrations in
				  40 CFR
				  503.13(b)3, incorporated by
				  reference, the Class A pathogen requirements in
				  40 CFR
				  503.32(a), incorporated by
				  reference, and one of the vector attraction reduction requirements in
				  40 CFR
				  503.33(b)1 through 8,
				  incorporated by reference, are met.
"Excessive inflow/infiltration" means the quantities of
				  infiltration/inflow (I/I) which can be economically eliminated from a sewer
				  system as determined in a cost effectiveness analysis that compares the cost
				  for correcting the I/I conditions to the total costs for transportation and
				  treatment of the I/I (see also the definitions for "nonexcessive infiltration"
				  and "nonexcessive inflow").
"Existing discharge" means a permitted discharge which is not
				  a new source.
"Existing injection well" means an injection well other than
				  a new injection well.
"Existing source" means any source which is not a new source,
				  including presently existing discharges which are not currently
				  permitted.
"Existing uses" means the following:
1. As related to the Ground Water Quality Standards, means
				  those uses of ground water actually attained, whether or not they are included
				  in the Ground Water Quality Standards, N.J.A.C. 7:9C; and
2. For surface waters, those uses actually attained in the
				  waterbody on or after November 28, 1975, whether or not they are included in
				  the Surface Water Quality Standards, N.J.A.C. 7:9B.
"Facility" or "activity" means any hazardous waste management
				  facility, injection well, NJPDES point source or treatment works treating
				  domestic sewage, or State approved dredge or fill activity, pursuant to Section
				  404 of the Federal Act, or any other facility or activity (including land or
				  appurtenances thereto) that is subject to regulation under the RCRA, UIC,
				  NJPDES, or 404 programs.
"Facilities eligible for treatment equivalent to secondary
				  treatment" means treatment works which are eligible for consideration for
				  effluent limitations described for treatment equivalent to secondary treatment
				  if:
1. The BOD[5] and TSS effluent concentrations consistently
				  achievable through proper operation and maintenance of the treatment works
				  exceed the minimum level of the effluent quality set forth in N.J.A.C.
				  7:14A-12;
2. A trickling filter or waste stabilization pond is used as
				  the principal process; and
3. The treatment works provide significant biological
				  treatment of municipal wastewater.
"Facility-wide permit" means a single permit issued by the
				  Department to the owner or operator of a priority industrial facility
				  incorporating the permits, certificates, registrations, or any other relevant
				  Department approvals previously issued to the owner or operator of the priority
				  industrial facility pursuant to the Solid Waste Management Act, 13:1E-1 et
				  seq., the Water Pollution Control Act, 58:10A-1 et seq., the Air Pollution
				  Control Act, 26:2C-1 et seq., and the appropriate provisions of the Pollution
				  Prevention Plan prepared by the owner of operator of the priority industrial
				  facility pursuant to 13:1D-41 and 42.
"Federal Act" means the Clean Water Act or the Federal Water
				  Pollution Control Act (
				  33 U.S.C.
				  §§
										1251 et seq.) including all
				  subsequent supplements and amendments.
"Feed crops" means crops produced primarily for consumption
				  by animals.
"Fiber crops" means crops produced primarily for the
				  production of plant fiber, but which also can be grown to produce products
				  consumed by humans. Fiber crops include crops such as flax and cotton.
"Final cover," for the purpose of N.J.A.C. 7:14A-20, means
				  the last layer of soil or other material placed on a surface disposal site at
				  closure.
"Final permit decision" means the Department's determination
				  to issue, deny, modify, suspend, or revoke a permit. Such a determination is a
				  final agency action which is deemed pursuant to 58:10A-7 to constitute a
				  contested case under the Administrative Procedure Act, 52:14B-1 et seq.
"Flow proportional composite" means a single sample which
				  receives equal aliquots at equal flow intervals.
"Flow rate" means the volume per time unit given to the flow
				  of gases or other fluid substance which emerges from an orifice, pump, or
				  turbine or passes along a conduit or channel.
"Flow-through bioassay" means a toxicity test in which the
				  test solutions flow into and out of the test chambers on a once-through basis
				  for the duration of the test, in accordance with N.J.A.C. 7:18.
"Fluid" means, for the purposes of N.J.A.C. 7:14A-8, any
				  material or substance which flows or moves whether in a semisolid, liquid,
				  sludge, gas, or any other form or state.
"Food crops" means crops consumed by humans. These include,
				  but are not limited to, fruit, vegetables, and tobacco.
"Food-chain crops" means food crops, fiber crops, and/or feed
				  crops.
"Foreign material" means material contained in a residual
				  which is neither process oriented nor product oriented, or material which is
				  not compatible with land application (for example, aeration piping or
				  Phragmites rhizomes).
"Forest," for the purpose of N.J.A.C. 7:14A-20, means a tract
				  of land thick with trees and underbrush.
"Formation" means a body of rock or unconsolidated sediments
				  characterized by a degree of lithologic homogeneity which is prevailingly, but
				  not necessarily, tabular and is mappable on the earth's surface or traceable in
				  the subsurface.
"Formation fluid" means "fluid" present in a "formation"
				  under natural conditions as opposed to introduced fluids, such as "drilling
				  mud."
"Freeboard" means the vertical distance between the top of a
				  surface impoundment and the surface of the waste contained therein.
"Free liquids" means liquids which readily separate from the
				  solid portion of a waste as defined by method 9095 (Paint Filter Liquids Test),
				  as described in Test Methods for Evaluating Solid Wastes, Physical/Chemical
				  Methods (EPA Pub. No. SW-846).
"Fresh water(s)" means all nontidal and tidal waters
				  generally having a salinity, due to natural sources, of less than or equal to
				  3.5 parts per thousand at mean high tide.
"FW" means the general surface water classification applied
				  to fresh waters.
"FW1" means those fresh waters, as designated in
				  7:9B-1.15(h), Table 6, that are to be maintained in their natural state of
				  quality (set aside for posterity) and not subjected to any man-made wastewater
				  discharges or increases in runoff from anthropogenic activities. These waters
				  are set aside for posterity because of their clarity, color, scenic setting,
				  other characteristic of aesthetic value, unique ecological significance,
				  exceptional recreational significance, or exceptional water supply
				  significance.
"FW2" means the general surface water classification applied
				  to those fresh waters that are not designated as FW1 or Pinelands
				  Waters.
"Froude number" means the numerical quantity used to
				  characterize the type of flow in an open channel from which a representative
				  grab sample may be taken for the purposes of this subchapter.
"General permit" means a NJPDES permit authorizing a category
				  of discharges within a geographic area. General permits include permits for
				  similar types of discharges including, but not limited to, stormwater
				  associated with industrial activity, non-contact cooling water, and car
				  dealership car washes.
"Governmental entity" means a Federal, State, interstate
				  agency, county or municipal government or school district whose jurisdiction is
				  partially or entirely within the State.
"Grab sample" means an individual sample collected over a
				  time period of less than 15 minutes.
"Ground water" means that portion of water beneath the land
				  surface that is within the saturated zone.
"Ground Water Quality Standards" means the New Jersey rules
				  at N.J.A.C. 7:9C which set forth a designated use or uses for the ground waters
				  of the State, use classifications, water quality criteria for the State's
				  waters based upon such uses, and the Department's policies concerning these
				  uses, classifications and criteria.
"Grit and screenings" means solid waste generated during the
				  preliminary treatment of domestic sewage in a treatment works. Grit includes
				  sand, gravel, cinders or other materials with a high specific gravity.
				  Screenings include relatively large materials such as rags typically removed by
				  mechanical screening of domestic wastewater prior to primary or secondary
				  treatment at a DTW.
"Hazardous pollutant" means:
1. Any toxic pollutant;
2. Any hazardous substance as defined by the New Jersey Spill
				  Compensation and Control Act, N.J.S.A. 58:10-23.11; or
3. Any substance regulated as a pesticide under the Federal
				  Insecticide, Fungicide and Rodenticide Act,
				  7
				  U.S.C. §§
										136 et seq.; or
4. Any substance the use or manufacture of which is
				  prohibited under the Federal Toxic Substances Control Act,
				  15 U.S.C. §§
										2601 et seq.; or
5. Any substance identified as a known carcinogen by the
				  International Agency for Research on Cancer; or
6. Any hazardous waste designated pursuant to the New Jersey
				  Solid Waste Management Act, 13:1E-1 et seq. or the Federal Resource
				  Conservation and Recovery Act,
				  42 U.S.C. §§
										6901 et seq.
"Hazardous substance" means any substance designated under 40
				  CFR 116 pursuant to Section 311 of the Federal Act, the Spill Compensation and
				  Control Act, N.J.S.A. 58:10-23.11 et seq., or Section 4 of the State
				  Act.
"Hazardous waste" means any waste that is defined or
				  identified as a hazardous waste pursuant to the Solid Waste Management Act,
				  13:1E-1 et seq., N.J.A.C. 7:26G, or 40 CFR Part 261.
"Headworks analysis" means a mathematical method used to
				  determine the maximum allowable loading of a pollutant at the "headworks" or
				  influent to the treatment plant.
"Heating oil" has the meaning as defined pursuant to the
				  Heating Oil Tank System Remediation Rules at N.J.A.C. 7:26F-1.5.
"Heating oil tank system" has the meaning as defined in the
				  Heating Oil Tank System Remediation Rules, N.J.A.C. 7:26F-1.5.
"Heating oil" means any grade of petroleum product including,
				  but not limited to, No. 1, 2, 4 (light and heavy), 5 (light and heavy), and
				  fuel oils, diesel and kerosene or any grade or type used to heat residential
				  buildings.
"Holding time" means the length of the time from collection
				  of the sample until the time of initiation of the analysis.
"Hydraulic jump" means the sudden passage of water in an open
				  channel from low depth to high depth, during which the velocity changes from
				  supercritical (Fr[GREATER THAN]1) to subcritical (Fr[LESS THAN]1), where Fr
				  stands for Froude Number.
"Hypolimnion" means the lower region of a stratified
				  waterbody that extends from the thermocline to the bottom of the waterbody, and
				  is isolated from circulation with the upper waters, thereby receiving little or
				  no oxygen from the atmosphere.
"Illicit connection" means, for purposes of N.J.A.C.
				  7:14A-25only, any physical or non-physical connection that discharges the
				  following to a municipal separate storm sewer system (unless that discharge is
				  authorized under a NJPDES permit other than the NJPDES permit for discharges
				  from that system):
1. Domestic sewage;
2. Non-contact cooling water, process wastewater, or other
				  industrial waste (other than stormwater); or
3. Any category of non-stormwater discharges that a permittee
				  for the MS4 identifies as a source or significant contributor of pollutants
				  pursuant to
				  40
				  C.F.R.
				  122.26(d)(2)(iv)(B)(1) or
				  122.34(b)(3)(iii).
Non-physical connections may include, but are not limited to,
				  leaks, flows, or overflows into the municipal separate storm sewer
				  system.
"Important species" means species that are commercially
				  valuable (for example, within the top ten species landed, by dollar value);
				  recreationally valuable; threatened or endangered; critical to the organization
				  and/or maintenance of the ecosystem; or other species necessary in the food web
				  for the well-being of the species identified in this definition.
"Impoundment" means a body of water confined by a dam, dike,
				  floodgate, or other barrier.
"Incineration" means the combustion of organic or inorganic
				  matter, or both, at high temperatures in an enclosed device.
"Income" means all sources of revenue from wherever derived,
				  including wages, retirement benefits, consultant fees, interest, and stock
				  dividends.
"Incorporated place" means the District of Columbia, or a
				  city, town, township, or village that is incorporated under the laws of the
				  State in which it is located.
"Indirect discharge" means any discharge, excluding any
				  discharges by municipal collection systems, into any domestic treatment
				  works.
"Indirect user" means an entity with an indirect
				  discharge.
"Individual subsurface sewage disposal system" means a system
				  for the disposal of sanitary sewage into the ground, which is designed and
				  constructed to treat sanitary sewage in a manner that will retain most of the
				  settleable solids in a septic tank and discharge the liquid effluent to a
				  disposal field.
"Industrial pollutants" means non-domestic pollutants,
				  including but not limited to, those pollutants regulated under Section 307(a),
				  (b) or (c) of the Federal Act.
"Industrial pretreatment program" means a program designed to
				  regulate the introduction of pollutants into a local agency's treatment works
				  from any nondomestic source.
"Industrial Pretreatment Program Permit" or "IPP Permit"
				  means authorization, license, or equivalent control document issued by a
				  delegated local agency to implement the requirements of the IPP. An IPP Permit
				  includes a letter of agreement entered into between a delegated local agency
				  and a user of its municipal treatment works, setting effluent limitations and
				  other conditions on the user of the agency's municipal treatment works.
"Industrial treatment works" means a treatment works which
				  treats primarily process wastewater and/or industrial pollutants as determined
				  by the percentage of process wastewater, or mass loading of BOD, COD or
				  suspended solids in the wastewater flow. Industrial treatment works shall also
				  include any treatment works, whether publicly or privately owned, which treats
				  primarily wastewater or leachate from a municipal solid waste facility or a
				  potable water treatment plant. This definition shall includes SIU pretreatment
				  works.
"Industrial waste" means non-domestic waste, including, but
				  not limited to, those pollutants regulated under Section 307(a), (b), or (c) of
				  the Federal Clean Water Act.
"Industrial wastewater treatment system" means any structure
				  or structures by means of which industrial liquid waste or sludges are
				  subjected to any treatment process.
"Industrial water supply" means water used for processing or
				  cooling.
"Infiltration percolation lagoon" means a natural topographic
				  depression, man-made excavation, or diked area formed primarily of earthen
				  materials (although it may be lined with man-made materials), which is designed
				  to transmit pollutants to the subsurface and which is not an injection
				  well.
"Inhibition concentration" means that concentration of
				  effluent which produces the specified inhibition effect in a chronic whole
				  effluent toxicity test. An IC25 is the concentration of effluent which produces
				  an inhibition of 25 percent for the monitored effect as compared to the
				  control.
"Injection well" means a well, septic system, subsurface
				  disposal bed, cavity, tube or pipe, or any structure used to deliver fluids
				  directly to a point below the ground surface.
"Injection zone" means a geological formation, group of
				  formations, or part of a formation receiving fluids through a well.
"Interference" means:
1. Inhibiting or disrupting the operation of a DTW or its
				  treatment processes so as to contribute to, or cause a violation of any
				  condition of a State or Federal permit;
2. Discharging industrial process wastewater which, in
				  combination with existing domestic flows, is of such quantity and/or quality as
				  to exceed the treatment process design capacity; or
3. Preventing the use or disposal of sludge produced by the
				  DTW in accordance with Section 405 of the Federal Act, the Federal Resource
				  Conservation and Recovery Act ( 42 U.S.C. §§ 3251 et seq.), the
				  Federal Clean Air Act (
				  42 U.S.C.
				  §§
										7401 et seq.), the Federal Toxic
				  Substances Control Act (
				  15 U.S.C. §§
										2601 et seq.), the Marine Protection,
				  Research and Sanctuaries Act (
				  33 U.S.C.
				  §§
										1401 et seq. and
				  16 U.S.C.
				  §§
										1431 et seq.), Sections 2, 4 and
				  6 of the State Act, and any regulations, criteria, or guidelines developed
				  pursuant thereto, including, but not limited to, N.J.A.C. 7:14A-20 and the
				  Statewide Sludge Management Plan.
"Intermittent stream" means a stream with a MA7CD10 flow of
				  less than one-tenth (0.1) cubic foot per second.
"Interstate agency" means an agency of two or more states
				  established by or under an agreement or compact approved by the Congress, or
				  any other agency of two or more states.
"Irreparable harm" means significant undesirable effects
				  occurring after the date of permit issuance which cannot be reversed after
				  cessation or modification of the discharge.
"ISO 11143" is the International Organization for
				  Standardization's standard for amalgam separators, and incorporated herein by
				  reference, and specifically means ISO 11143:1999. The standard is available
				  from the ISO at
http://www.iso.org
.
"Joint meeting" means the meeting or assembly of the members
				  of the governing bodies or boards of the several municipalities having
				  authority to make and enter into contracts for the construction jointly of the
				  works or improvements authorized by 40:63-70.
"Lake, pond, or reservoir" means any impoundment, whether
				  naturally occurring or created in whole or in part by the building of
				  structures for the retention of surface water, excluding sedimentation control
				  and stormwater retention/detention basins and ponds designed for treatment of
				  wastewater. Lakes, ponds, and reservoirs are characterized by a long term or
				  permanent downgradient restriction of surface water flow from the impoundment
				  and areas of quiescent water within the body of the impoundment. Lakes, ponds,
				  and reservoirs are frequently characterized by greater water depths within the
				  impoundment than either the upgradient or downgradient surface water flow and
				  by shallow water lateral edges containing emergent or submerged plant species.
				  For regulatory purposes, the upgradient boundary of a lake, pond, impoundment,
				  or reservoir shall be considered to be the point at which areas of greater
				  depth and relatively quiescent water can be differentiated from the upgradient
				  surface water input into the impoundment under average flow conditions.
"Landfill" see sanitary landfill.
"Land application" means the controlled discharge of
				  pollutants onto or into the surface soil horizon in such a manner that the
				  materials are treated by and/or become incorporated into and blended with the
				  soil.
"Land application of residual" means the spraying or
				  spreading of residual onto the land surface; the injection of residual below
				  the land surface; or the incorporation of residual into the soil so that the
				  residual can either condition the soil or fertilize crops or vegetation grown
				  in the soil. This definition shall include the land application of sludge and
				  the land application of sewage sludge.
"Land-based sludge management criteria" means those standards
				  established by the Department in the Statewide Sludge Management Plan adopted
				  pursuant to the Solid Waste Management Act, 13:1E-1 et seq., or established
				  pursuant to the Federal Act, or any regulations adopted pursuant
				  thereto.
"Large municipal separate storm sewer system" means all
				  municipal separate storm sewers, other than those owned or operated by the
				  United States, that discharge to surface water and are either:
1. Located in an incorporated place with a population of
				  250,000 or more as determined by the 1990 Decennial Census by the Bureau of the
				  Census. See 40 CFR Part 122, Appendix F (Newark is listed); or
2. Located in the counties listed in 40 CFR Part 122,
				  Appendix H (No New Jersey counties are listed), except municipal separate storm
				  sewers that are located in the incorporated places, townships or towns within
				  such counties; or
3. Owned or operated by a municipality other than those
				  described in paragraph 1 or 2 of this definition and that are designated by the
				  Department as part of the large or medium municipal separate storm sewer system
				  due to the interrelationship between the discharges of the designated storm
				  sewer and the discharges from municipal separate storm sewers described under
				  paragraph 1 or 2 of this definition. In making this determination the
				  Department may consider the following factors:
i. Physical interconnections between the municipal separate
				  storm sewers;
ii. The location of discharges from the designated municipal
				  separate storm sewer relative to discharges from municipal separate storm
				  sewers described in paragraph 1 of this definition;
iii. The quantity and nature of pollutants discharged to
				  waters of the United States;
iv. The nature of the receiving waters; and
v. Other relevant factors; or
4. Upon petition, designated by the Department as a large
				  municipal separate storm sewer system, municipal separate storm sewers located
				  within the boundaries of a region defined by a stormwater management regional
				  authority based on a jurisdictional, watershed, or other appropriate basis that
				  includes one or more of the systems described in paragraphs 1, 2, or 3 of this
				  definition.
"LC50" means the median lethal concentration of a toxic
				  substance, expressed as a statistical estimate of the concentration that kills
				  50 percent of the test organisms under specified test conditions, based on the
				  results of an acute bioassay.
"Leachate" means liquid that has been in contact with solid
				  waste.
"Leachate collection system" means a system or device
				  installed immediately above a liner that is designed, constructed, maintained,
				  and operated to collect and remove leachate.
"Lead planning agency (delegated)" means the POTW which, by
				  agreement with the District as defined in the Statewide Sludge Management Plan,
				  is to execute sludge management and planning for that District.
"Letter of Land Application Management Approval" or "LLAMA"
				  means the letter issued by the Department pursuant to N.J.A.C. 7:14A-20 and the
				  Statewide Sludge Management Plan, containing a determination that use of
				  residual or the operations at a residual land application site satisfy the
				  requirements of the New Jersey Water Pollution Control Act, 58:10A-1 et seq.,
				  if operated consistently with the requirements stated within the letter.
"Level of pollutant control actually achieved" means:
1. For conventional and nonconventional pollutants, the
				  effluent concentration consistently achieved through proper operation and
				  maintenance as defined in this section with a 30-day and seven-day average
				  effluent limitation.
2. For toxic pollutants, the effluent limitations based on
				  existing effluent quality as defined at 7:14A-13.8 with a 30 day average and a
				  daily maximum effluent limitation.
"Level of treatment" means the degree of waste removal and
				  accompanying residual wastewater effluent to be attained by any
				  discharger.
"Limiting nutrient" means a nutrient whose absence or
				  scarcity exerts a restraining influence upon an aquatic biological
				  population.
"Liner" means a continuous layer of soil or synthetic
				  material which restricts the downward or lateral escape of any waste, waste
				  constituents, or leachate. For the purposes of N.J.A.C. 7:14A-20, a liner shall
				  have a hydraulic conductivity of 1x10(E-7) centimeters per second or
				  less.
"Lithology" means the description of rocks on the basis of
				  their physical, chemical and mineralogical characteristics.
"Load allocation" means the portion of a receiving water's
				  total maximum daily load (TMDL) for a specific pollutant that is allocated to
				  existing or future nonpoint sources of pollution.
"Local agency" means a political subdivision of the State, or
				  an agency or instrumentality thereof, that owns or operates a municipal
				  treatment works.
"Local limits" means any restriction on quantities, quality,
				  or concentrations of pollutants discharged into a local agency's treatment
				  works, developed to prevent upset, interference, or pass-through of pollutants
				  to the treatment works, and to protect worker health and safety, and
				  protect/improve the quality of the sludge generated by the treatment
				  works.
"Log sorting and log storage facilities" means facilities
				  whose discharges result from the holding of unprocessed wood, for example, logs
				  or roundwood with bark or after removal of bark held in self-contained bodies
				  of water (mill ponds or log ponds) or stored on land where water is applied
				  intentionally on the logs (wet decking). (See 40 CFR part 429, subpart I,
				  including the effluent limitations guidelines).
"Long term average effluent concentration" means the
				  statistical estimation of the true mean of the entire population of effluent
				  data points, considering effluent variability and the number of actual data
				  points available to estimate the mean.
"Long term harmonic mean flow" means the number of daily flow
				  measurements divided by the sum of reciprocals of the measured flows. It is the
				  design flow used in calculating pollutant allocations for surface water quality
				  standards which protect for health effects occurring after long term exposures.
				  It is calculated by:
n
Flow =
-------------------------
1
1
1
[SIGMA]
----
+
----
+...
----
Q[1]
Q[2]
Q[N]
where n is the number of recorded flows and Q is the combined
				  receiving water and effluent flow.
"Lower explosive limit for methane gas," for the purpose of
				  N.J.A.C. 7:14A-20 means the lowest percentage of methane gas in air, by volume,
				  that propagates a flame at 25 degrees Celsius and atmospheric pressure.
"Major facility" means:
1. For industrial facilities, any facility which scores 80 or
				  more points on the NPDES permit rating work sheet using the USEPA rating
				  criteria. A facility with less than the required score of 80 may still be
				  classified as a Major facility by the Regional Administrator or the Department.
				  In those situations, the Department shall state the reasons for doing so;
				  and
2. For municipal facilities, any POTW with a design flow of
				  1.0 Million Gallons per Day or greater.
"Major modification to a permit" means any change to a permit
				  the scope of which is described in 7:14A-16.4.
"Manmade" for purposes of this chapter, means constructed by
				  man.
"Marketable residual product" or "sludge-derived product"
				  means any residual or material derived from a residual which has been prepared
				  for land application of residual in accordance with a permit issued pursuant to
				  N.J.A.C. 7:14A-20 and which, at a minimum, meets the pollutant concentrations
				  in
				  40 CFR
				  503.13(b)(1), the Class B
				  pathogen requirements in
				  40 CFR
				  503.32 and one of the vector attraction
				  reduction requirements in
				  40 CFR 503.33(b)(1)
				  through (b)(8).
"Maximum daily discharge limitation" means the highest
				  allowable "daily discharge" during the reporting period.
"Maximum projected effluent concentration" means the maximum
				  effluent concentration that would be expected, based on the maximum reported
				  concentration and the statistical variability of the reported effluent
				  data.
"Maximum sewage treatment capacity" means the hydraulic,
				  biological and sludge handling capacity limitations necessary to assure
				  compliance with the terms and conditions of the NJPDES or NPDES Permit.
"Maximum value" means the highest value measured during the
				  monitoring period.
"Medical waste" means isolation wastes; infectious agents;
				  human blood and blood products; pathological wastes; sharps; body parts;
				  contaminated bedding; surgical wastes and potentially contaminated laboratory
				  wastes; dialysis wastes; and such additional medical items as the Administrator
				  shall prescribe by regulation.
"Medium municipal separate storm sewer system" means all
				  municipal separate storm sewers, other than those owned or operated by the
				  United States, that discharge to surface water and are either:
1. Located in an incorporated place with a population of
				  100,000 or more but less than 250,000, as determined by the 1990 Decennial
				  Census by the Bureau of the Census. ( 40 CFR Part 122, Appendix G) (Elizabeth,
				  Jersey City, and Paterson are listed); or
2. Located in the counties listed in 40 CFR Part 122,
				  Appendix I (No New Jersey counties are listed); or
3. Owned or operated by a municipality other than those
				  described in paragraph 1 or 2 of this definition and that are designated by the
				  Department as part of the large or medium municipal separate storm sewer system
				  due to the interrelationship between the discharges of the designated storm
				  sewer and the discharges from municipal separate storm sewers described under
				  paragraph 1 or 2 of this definition. In making this determination the
				  Department may consider the following factors:
i. Physical interconnections between the municipal separate
				  storm sewers;
ii. The location of discharges from the designated municipal
				  separate storm sewer relative to discharges from municipal separate storm
				  sewers described in paragraph 1 above;
iii. The quantity and nature of pollutants discharged to
				  waters of the United States;
iv. The nature of the receiving waters; or
v. Other relevant factors; or
4. The Department may, upon petition, designate as a medium
				  municipal separate storm sewer system, municipal separate storm sewers located
				  within the boundaries of a region defined by a stormwater management regional
				  authority based on a jurisdictional, watershed, or other appropriate basis that
				  includes one or more of the systems described in paragraphs 1, 2, or 3 above.
"Membrane filter technique" means the method used to analyze
				  for bacteria (that is, coliform bacteria) which utilizes sample filtration to
				  trap bacterial organisms on a membrane filter.
"Memorandum of Agreement" means the agreement entered into
				  under the Federal Act between the Administrator and the Commissioner, governing
				  the relationship, duties, and rights of the parties in operating State NPDES
				  and UIC programs (NJPDES).
"Minimum value" means the lowest data value measured during
				  the monitoring period.
"Minor facility" means any facility or activity not
				  classified a "major facility" by the Regional Administrator or the
				  Department.
"Minor modification" means a change to a permit which does
				  not constitute a major modification pursuant to
				  N.J.A.C.
				  7:14A-16.4.
"Mixing zones" means areas of surface waters at or near the
				  discharge location, as may be designated by the Department, into which
				  wastewater effluents may be discharged for the purpose of mixing, dispersing,
				  or dissipating such effluents.
"Monitoring report form" means the standard Department forms
				  (for example, Discharge Monitoring Report, Residuals Transfer Report, or Waste
				  Characterization Report), including any subsequent additions, revisions or
				  modifications, for the reporting of self-monitoring results by
				  permittees.
"Monitoring Report Submittal Form" means the certification
				  page of a monitoring report form.
"Monthly" means one normal operating day each calendar month,
				  on which, a reasonably representative sample of the discharge may be obtained.
				  This day should be the same day every month (for example, the 2nd Tuesday of
				  each month), unless otherwise directed in the permit. A normal operating day
				  shall be a period of time reasonably representative of normal operating
				  conditions.
"Monthly minimum percent removal" means the lowest percentage
				  obtained for any single sampling event performed during the calendar month
				  (minimum percent removal limitation).
"Monthly monitoring" means monitoring conducted at a minimum
				  of once every calendar month.
"Most probable number" means the statistical estimate of
				  bacterial densities used for reporting results from the multiple-tube
				  fermentation technique.
"Multiple grab composite" means a combination of individual
				  samples (aliquots) collected at a specific frequency over a specified time
				  period. Each aliquot shall be analyzed individually before being combined into
				  a single composite sample. The recorded values will be both the individually
				  analyzed aliquots and the composite sample.
"Municipal authority" means a municipal authority as defined
				  in the Municipal and County Utilities Authorities Law at 40:14B-3(5), and shall
				  include a municipal utilities authority created by one or more municipalities
				  and a county utilities authority created by a county.
"Municipality" means a city, town, borough, county, parish,
				  district, association or other public body created by or under State law and
				  having jurisdiction over disposal of sewage, industrial wastes, or other
				  wastes, or a designated and approved management agency under Section 208 of the
				  Federal Act (
				  33 U.S.C. §
										1288 ), except as provided at
				  7:14A-25.1(b).
"Municipal separate storm sewer" means a conveyance or system
				  of conveyances (including roads with drainage systems, municipal streets, catch
				  basins, curbs, gutters, ditches, manmade channels, or storm drains):
1. Owned or operated by the United States, an interstate
				  agency, a State, city, town, borough, county, parish, district, association, or
				  other public body (created by or pursuant to State law) having jurisdiction
				  over disposal of sewage, industrial wastes, stormwater, or other wastes,
				  including special districts under State law such as a sewer district, flood
				  control district or drainage district, or similar entity, or an Indian tribe
				  organization, or a designated and approved management agency under section 208
				  of the CWA (
				  33 U.S.C. §
										1288 ) that discharges to surface water or
				  groundwater;
2. Designed and used for collecting or conveying
				  stormwater;
3. Which is not a combined sewer;
4. Which is not part of a POTW; and
5. Which is not either of the following:
i. A separate storm sewer(s) that is at an industrial
				  facility, and that collects or conveys stormwater discharges associated with
				  industrial activity that occurs at that facility; or
ii. A separate storm sewer(s) that is at a construction site,
				  and that collects or conveys stormwater discharges associated with small
				  construction activity that occurs at that site.
"Municipal separate storm sewer system" or "MS4" means a
				  "large," "medium" or "small" municipal separate storm sewer system as defined
				  in this section.
"Municipal treatment works" means the treatment works of any
				  municipality, county, or State agency or any agency or subdivision created by
				  one or more municipal, county, or State governments and the treatment works of
				  any public utility as defined in 48:2-13.
"National Pollutant Discharge Elimination System" or "NPDES"
				  means the national program for issuing, modifying, revoking and reissuing,
				  terminating, monitoring and enforcing permits, and imposing and enforcing
				  pretreatment requirements, under Sections 307, 402, 318, and 405 of the Federal
				  Act. The term includes any State program which has been approved by the
				  Administrator.
"National Pretreatment Standard" means any regulation
				  containing pollutant discharge limits promulgated by the USEPA in accordance
				  with Section 307 (b) and (c) of the Federal Act, which applies to Indirect
				  Users. This term includes prohibitive discharge limits established pursuant to
				  40 CFR
				  403.5.
"Natural flow" means the water flow that would exist in a
				  waterway without the addition of flow of artificial origin.
"Natural water quality" means the water quality that would
				  exist in a waterway or a waterbody without the addition of water or waterborne
				  substances of artificial origin.
"New discharger" means any building, structure, facility, or
				  installation:
1. From which there is or may be a discharge of
				  pollutants;
2. Was not an existing source prior to August 13,
				  1979;
3. Which is not a new source; and
4. Which has never received a final NJPDES permit for
				  discharges at that site.
This definition includes an indirect user which commences
				  discharging into waters of the State after August 13, 1979. It also includes
				  any existing mobile point source (other than an offshore or coastal oil and gas
				  exploratory drilling rig) such as a seafood processing rig, seafood processing
				  vessel, or aggregate plant, that begins discharging at a site for which it does
				  not have a permit; and any offshore or coastal mobile oil and gas exploratory
				  drilling rig or coastal mobile oil and gas development drilling rig that
				  commences the discharge of pollutants after August 13, 1979, at a site for
				  which it is not covered by an individual or general permit and which is located
				  in an area determined by the Department in the issuance of the final permit to
				  be an area of biological concern. In determining whether an area is an area of
				  biological concern, the Department shall consider the factors specified in
				  40
				  CFR 125.122(a)(1) through
				  (10).
An offshore or coastal mobile exploratory drilling rig or
				  coastal mobile developmental drilling rig will be considered a new discharger
				  only for the duration of its discharge in an area of biological concern.
"New injection well" means an injection well which begins
				  injection after, August 15, 1983, the date New Jersey became authorized to
				  implement the NPDES/UIC Program, as specified in
				  40 CFR
				  147.1550, Subpart FF.
"New Jersey Pollutant Discharge Elimination System" or
				  "NJPDES" means the New Jersey system for the issuance of permits pursuant to
				  the State Act.
"New source" means any building, structure, facility, or
				  installation, from which there is or may be a discharge of pollutants, the
				  construction of which commenced:
1. After promulgation of standards of performance under
				  Section 306 of the Federal Act which are applicable to such source;
2. After proposal of standards of performance in accordance
				  with Section 306 of the Federal Act, which are applicable to such source, but
				  only if the standards are promulgated in accordance with section 306 within 120
				  days of their proposal; or
3. After the publication of the Pretreatment Standards under
				  Section 307(c) of the Act which will be applicable to such source if such
				  Standards are thereafter promulgated in accordance with that section, provided
				  that:
i. The building, structure, facility or installation is
				  constructed at a site at which no other source is located;
ii. The building, structure, facility or installation totally
				  replaces the process or production equipment that cause the discharge of
				  pollutants at an existing source; or
iii. The production or wastewater generating processes of the
				  building, structure, facility or installation are substantially independent of
				  an existing source at the same site. In determining whether these are
				  substantially independent, factors such as the extent to which the new facility
				  is integrated with the existing plant, and the extent to which the new facility
				  is engaged in the same general type of activity as the existing source should
				  be considered.
4. Construction of a new source as defined under this
				  definition has commenced if the operating entity has:
i. Begun, or caused to begin as part of a continuous onsite
				  construction program:
(1) Any placement, assembly, or installation of facilities or
				  equipment; or
(2) Significant site preparation work including clearing,
				  excavation, or removal of existing buildings, structures, or facilities which
				  is necessary for the placement, assembly, or installation of new source
				  facilities or equipment; or
ii. Entered into a binding contractual obligation for the
				  purchase of facilities or equipment which are intended to be used in its
				  operation within a reasonable time. Options to purchase or contracts which can
				  be terminated or modified without substantial loss, and contracts for
				  feasibility, engineering, and design studies do not constitute a contractual
				  obligation under this definition.
"Nitrogenous biochemical oxygen demand" or "NBOD" means that
				  portion of the biochemical oxygen depletion either in an effluent or in a
				  waterbody which is due to the oxidation of nitrogen containing
				  compounds.
"No observed adverse effect concentration" or "NOAEC" means
				  the lowest concentration at which the organisms are adversely affected as
				  compared to the control determined using hypothesis testing technique.
"No observable effect concentration" or "NOEC" means the
				  maximum effluent concentration which results in no observable effect for the
				  evaluated end-point. The NOEC is usually determined as the next lower tested
				  concentration than the concentration which results in the lowest observable
				  effect as compared to the controls. For discharge permits where the limitation
				  is expressed as an NOEC, the results shall be reported as the calculated IC25
				  and shall be considered equivalent to the observed NOEC.
"No measurable acute toxicity" or "NMAT" means a type of
				  water quality based acute whole effluent toxicity limit imposed in accordance
				  with N.J.A.C. 7:9B-4.6(c)5i(2), which requires that no mortality occurs in any
				  acute toxicity test concentration, including 100 percent effluent, above normal
				  background mortality levels for the test organism population. The normal
				  background mortality level is the acceptable level of control mortality for a
				  valid test specified in 7:18-6.6(v).
"Non-contact cooling water" means water used to reduce
				  temperature for the purpose of cooling. Such waters do not come into direct
				  contact with any raw material, intermediate product (other than heat) or
				  finished product. Non-contact cooling water may however contain algaecides, or
				  biocides to control fouling of equipment such as heat exchangers, and/or
				  corrosion inhibitors.
"Non-conventional pollutant" means any pollutant not defined
				  as a conventional pollutant or a toxic pollutant.
"Non-delegated local agency" means a local agency which does
				  not have an industrial pretreatment program approved by the Department.
"Nonexcessive infiltration" means the quantity of flow which
				  is less than 120 gallons per capita per day (domestic base flow and
				  infiltration) or the quantity of infiltration which cannot be economically and
				  effectively eliminated from a sewer system as determined in a
				  cost-effectiveness analysis. For domestic treatment works receiving wastewater
				  from combined sewers, nonexcessive infiltration means the quantity of flow
				  attributable to infiltration during dry weather shall be less than 40 gallons
				  per capita per day (gpcd) or 1,500 gallons per day per inch diameter per mile
				  of sewer.
"Nonexcessive inflow" means the maximum total flow rate
				  during storm events which does not result in chronic operational problems
				  related to hydraulic overloading of the treatment works or which does not
				  result in a total flow of more than 275 gallons per capita per day (domestic
				  base flow plus infiltration plus inflow) during a significant rainfall event
				  which causes surface ponding and surface runoff. Chronic operational problems
				  may include surcharging, backups, bypasses, and overflows.
"Non-hazardous waste" means a solid waste which is not a
				  hazardous waste.
"Nonpersistent" means degrading relatively quickly, generally
				  having a half-life of less than 96 hours.
"Nonpoint source" means:
1. Any man-made or man-induced activity, factor, or
				  condition, other than a point source, from which pollutants are or may be
				  discharged;
2. Any man-made or man-induced activity, factor, or
				  condition, other than a point source, that may temporarily or permanently
				  change any chemical, physical, biological, or radiological characteristic of
				  waters of the State from what was or is the natural, pristine condition of such
				  waters, or that may increase the degree of such change; or
3. Any activity, factor, or condition, other than a point
				  source, that contributes or may contribute to water pollution.
"Non-significant categorical indirect user" means an indirect
				  user subject to categorical pretreatment standards under 40 CFR Part 403.6 and
				  40 CFR chapter I, subchapter N that, as determined by the control authority,
				  never discharges more than 100 gallons per day (gpd) of total categorical
				  wastewater (excluding sanitary, non-contact cooling and boiler blowdown
				  wastewater, unless specifically included in the pretreatment standard) and
				  meets the following conditions:
1. The indirect user has consistently complied with all
				  applicable categorical pretreatment standards and requirements;
2. The indirect user annually submits the certification
				  statement required in 7:14A-21.3(k) together with any additional information
				  necessary to support the certification statement; and
3. The indirect user never discharges any untreated
				  concentrated wastewater.
"Nontrout waters" means fresh waters that have not been
				  designated in 7:9B-1.15(c) through (h) as trout production or trout
				  maintenance. These waters are generally not suitable for trout because of their
				  physical, chemical, or biological characteristics, but are suitable for a wide
				  variety of other fish species.
"Nutrient" means a chemical element or compound, such as
				  nitrogen or phosphorus, which is essential to and promotes the growth and
				  development of organisms.
"Ocean waters" means those waters of the open seas lying
				  seaward of the base line from which the territorial sea is measured, as
				  provided for in the Convention on the Territorial Sea and the Contiguous
				  Zone.
"Oil and grease" includes the nonpetroleum-based pollutants
				  of animal and vegetable origin, and petroleum-based pollutants, which are
				  analyzed by a New Jersey State Certified Laboratory using a USEPA approved
				  method for oil and grease referenced in 40 CFR Part 136, as amended, or a
				  Department sanctioned analytical method as defined in the Regulations Governing
				  the Certification of Laboratories and Environmental Measurements at
				  7:18-1.7.
"Open channel" means any natural or artificial waterway or
				  closed conduit, including a gravity sewer, in which water flows with a free
				  surface.
"Operating entity" or "operator" means any person who alone
				  or along with other persons has primary management and operational
				  decision-making authority over any part of a facility. This definition is not
				  applicable to "operator" as that term is used in 7:14A-4.9(b)2, 22.6(a)4,
				  22.6(c)3, 23.25(a)3, or 23.25(a)4i.
"Other container" means either an open or closed receptacle
				  that has a load capacity of one metric ton or less and may include, but is not
				  limited to, a bucket, a box, a carton, and a vehicle or trailer.
"Outfall" means any point source which discharges directly to
				  waters of the United States and does not include open conveyances connecting
				  two municipal separate storm sewers, or pipes, tunnels or other conveyances
				  which connect segments of the same stream or other waters of the United States
				  and are used to convey waters of the United States.
"Outstanding National Resource Waters" means high quality
				  waters that constitute an outstanding national resource (for example, waters of
				  National/State Parks and Wildlife Refuges and waters of exceptional
				  recreational or ecological significance) as designated in 7:9B-1.15(i).
"Owner or operator" means the owner or operator of any
				  facility or activity subject to this chapter.
"Overburden" means any material of any nature, consolidated
				  or unconsolidated, that overlies a mineral deposit, excluding topsoil or
				  similar naturally-occurring surface materials that are not disturbed by mining
				  operations.
"Overland flow" means the controlled discharge, by spraying
				  or other means, of pollutants onto sloping land with maintained vegetation
				  where a proportion of the wastewater may appear as runoff. Overland flow is
				  also the movement of pollutants across the surface of the land where
				  infiltration may occur.
"Packer" means a device lowered into a well to produce a
				  fluid-tight seal.
"Participating municipality" means a municipality or other
				  body which is a member of an affected sewerage entity or which has contracted
				  to obtain sewage treatment services from a sewerage entity or other domestic
				  treatment works.
"Passaic Valley Sewerage Commissioners" means the body
				  described by that name under 58:14-2.
"Pass through" means a discharge which exits the POTW into
				  waters of the State in quantities or concentrations which, alone or in
				  conjunction with a discharge or discharges from other sources, is a cause of a
				  violation of any requirement of the POTW's NJPDES permit (including an increase
				  in the magnitude or duration of a violation).
"Pasture" means, for the purpose of N.J.A.C. 7:14A-20, land
				  on which animals feed directly on feed crops such as legumes, grasses, grain
				  stubble, or stover.
"Pathogen-free material" means a residual material generated
				  from non-domestic processes where there is no contact with human wastes, animal
				  wastes or other wastes which may contain pathogenic organisms. Pathogen-free
				  material may include, but is not limited to, water treatment plant residual and
				  certain types of food processing residual.
"Pathogenic organisms" means disease-causing organisms. These
				  include, but are not limited to, certain bacteria, protozoa, viruses, and
				  viable helminth ova.
"Percent removal" means a percentage expression of the
				  removal efficiency across a treatment plant for a given pollutant parameter, as
				  determined from the 30-day average values of the raw wastewater influent
				  pollutant concentrations to the facility and the 30-day average values of the
				  effluent pollutant concentrations for a given time period.
"Performance based limitations" means effluent limitations
				  calculated using the existing effluent quality or the anticipated performance
				  of a facility.
"Periodic report" means compliance monitoring report required
				  pursuant to 7:14A-21.3(f).
"Permit" means an authorization, license, or equivalent
				  control document issued by the Department or a delegated local agency to
				  implement the requirements of this chapter even where any or all of the
				  conditions of the permit have been stayed. Permit does not include any permit
				  which has not yet been the subject of final agency action, such as a "draft
				  permit". Permit includes a letter of agreement entered between a delegated
				  local agency and a user of its municipal treatment works, setting effluent
				  limitations and other conditions on the user of the agency's municipal
				  treatment works. Permit also includes a general permit and a
				  permit-by-rule.
"Permit by rule" means a provision of this chapter stating
				  that a "facility or activity" is deemed to have a NJPDES permit if it meets the
				  requirements of the applicable regulations.
"Permitted flow" means a treatment work's maximum allowable
				  flow (usually in million gallons per day, or other appropriate unit of flow
				  such as gallons per day) as stated in the facility's NJPDES Permit or TWA,
				  which ever is more stringent.
"Permittee" means any person authorized to conduct activity
				  pursuant to a permit.
"Permitting authority" means, for the purpose of N.J.A.C.
				  7:14A-20, either EPA or a State with an EPA-approved sewage sludge management
				  program.
"Persistent" means relatively resistant to degradation,
				  generally having a half life of over 96 hours.
"Person" means an individual, corporation, company,
				  partnership, firm, association, owner or operator of a treatment works,
				  political subdivision of this State and any state, Federal or interstate agency
				  or an agent or employee thereof. "Person" shall also mean any responsible
				  corporate official for the purpose of enforcement action under Section 10 of
				  the State Act.
"Person who prepares residual" means either the person who
				  generates a residual during the treatment of domestic sewage and/or process
				  wastewater in a treatment works or the person who derives a material from the
				  residual. This definition also includes a person who prepares sludge or a
				  person who prepares sewage sludge.
"Petroleum hydrocarbons" or "petroleum-based oil and grease"
				  includes the petroleum-based pollutants analyzed by a New Jersey State
				  Certified Laboratory using a Department sanctioned analytical method as defined
				  in the Regulations Governing the Certification of Laboratories and
				  Environmental Measurements at
				  N.J.A.C.
				  7:18-1.7.
"Pinelands waters" means all waters within the boundaries of
				  the Pineland Area, except those waters designated as FW1 in 7:9B-1.15(h) Table
				  6, as established in the Pinelands Protection Act, 13:18A-1 et seq., and as
				  shown on Plate 1 of the "Comprehensive Management Plan" adopted by the New
				  Jersey Pinelands Commission in November 1980.
"Plugging" means the act or process of stopping the flow of
				  water, oil, or gas in a formation penetrated by a borehole or well.
"Plugging record" means a systematic listing of permanent or
				  temporary abandonment of water, oil, gas, test, exploration and waste injection
				  wells, and may contain a well log, description of amounts and types of plugging
				  material used, the method employed for plugging, a description of formations
				  which are sealed and a graphic log of the well showing formation location,
				  formation thickness, and location of plugging structures.
"Point source" means any discernible, confined, and discrete
				  conveyance, including, but not limited to, any pipe, ditch, channel, tunnel,
				  conduit, well, discrete fissure, container, rolling stock, concentrated animal
				  feeding operation, landfill leachate collection system, vessel, or other
				  floating craft, from which pollutants are or may be discharged. This term does
				  not include return flows from irrigated agriculture.
"Pollutant" means any dredged spoil, solid waste, incinerator
				  residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge,
				  munitions, chemical wastes, biological materials, medical wastes, radioactive
				  substance (except those regulated under the Atomic Energy Act of 1954, as
				  amended (
				  42 U.S.C. §§
										2011 et seq.)), thermal waste, wrecked or
				  discarded equipment, rock, sand, cellar dirt and industrial, municipal,
				  agricultural, and construction waste or runoff or other residue discharged
				  directly or indirectly to the land, ground waters or surface waters of the
				  State, or to a DTW. "Pollutant" includes both hazardous and nonhazardous
				  pollutants.
"Pollutant limit" means, for the purpose of N.J.A.C.
				  7:14A-20, a numerical value that describes the amount of a pollutant allowed
				  per unit amount of residual (for example, milligrams of pollutant per kilogram
				  of total solids); the amount of a pollutant that can be applied to a unit area
				  of land (for example, kilograms of pollutant per hectare); or the volume of a
				  material that can be applied to a unit area of land (for example, gallons per
				  acre.)
"Pond" see the definition for lake.
"Pressure" means the total load or force per unit area acting
				  on a surface.
"Pretreatment" means the reduction in the amount of
				  pollutants, the elimination or pollutants, or the alteration of the nature of
				  pollutant properties in wastewater prior to or in lieu of discharging or
				  otherwise introducing such pollutants into a DTW. The reduction or alteration
				  may be obtained by physical, chemical, or biological processes, process changes
				  or by other means, except by dilution. Appropriate pretreatment technology
				  includes control equipment, such as equalization tanks or facilities, for
				  protection against surges or slug loadings that might interfere with or
				  otherwise be incompatible with the DTW. However, where wastewater from a
				  regulated process is mixed in an equalization facility with unregulated
				  wastewater or with wastewater from another regulated process, the effluent from
				  the equalization facility must meet an adjusted pretreatment limit calculated
				  in accordance with
				  40 CFR
				  403.6(e) (the Combined
				  Wastestream Formula).
"Pretreatment Act" means the Pretreatment Standards for
				  Sewerage, 58:11-49 et seq.
"Pretreatment program significant noncompliance" or "PPSNC"
				  means non-compliance by an indirect user that meets one or more of the criteria
				  at
				  40
				  CFR 403.8(f)(2)
				  (viii).
"Pretreatment standard" means any limitation on quantities,
				  quality, rates, or concentrations of pollutants discharged into municipal or
				  privately owned treatment works, adopted pursuant to the Pretreatment Act,
				  Section 4 of the State Act, or any applicable National, State, or local
				  regulations.
"Primary contact recreation" means water-related recreational
				  activities that involve significant ingestion risks and includes, but is not
				  limited to, wading, swimming, diving, surfing, and water skiing.
"Primary industry category" means any industry category
				  listed in the NRDC settlement agreement (
National Resources Defense
				  Council et al. v. Train, 8 E.R.C. 2120
(D.D.C. 1976),
modified
				  12 E.R.C. 1833
(D.D.C. 1979)); also listed in N.J.A.C.
				  7:14A-4--Appendix B, Table 1.
"Primary liner" means a liner consisting of synthetic
				  material designed to prevent the flow of liquid from surface impoundments. A
				  primary liner shall have properties of such a nature so as to impede the flow
				  of liquids from surface impoundments throughout their active life, closure, and
				  post-closure periods. Typically, a liner meeting these criteria will be at
				  least 30 mil (0.03 inches) in thickness.
"Privately owned treatment works" means any device or system
				  which is:
1. Used to treat wastes from any facility whose operator is
				  not the operator of the treatment works; and
2. Is not a "POTW."
"Process wastewater" means any water which, during
				  manufacturing or processing, comes into direct contact with or results from the
				  production or use of any raw material, intermediate product, finished product,
				  byproduct, or waste product. Process wastewater includes, but is not limited
				  to, leachate and cooling water other than non-contact cooling water. This
				  definition includes the terms commercial wastewater and industrial wastewater
				  as used in 40 CFR Part 503.
"Projected flow" means that flow which is estimated or
				  anticipated to be generated from a facility, based upon the criteria contained
				  in N.J.A.C. 7:14A-23.
"Property" means, for the purposes of 7:14A-8.1(b)1
				  iv:
1. A single lot as defined by municipal lot and block or
				  right of way (unless paragraph 2 below applies); or
2. The combined area contained within the legal boundaries of
				  two or more contiguous lots where, for any part of each of those lots, there is
				  a shared pecuniary, possessory or other substantial common interest by one or
				  more persons (such as common ownership and/or operation or a common plan of
				  development or sale).
"Proper operations and maintenance" means the activities
				  required to assure the dependable and economical function of a treatment
				  works.
1. Operation means the control of the unit processes and
				  equipment which make up the treatment works, including financial and personnel
				  management, records, laboratory control, process control, safety and emergency
				  operation planning.
2. Maintenance means the preservation of functional integrity
				  and efficiency of equipment and structures. This includes preventative
				  maintenance, corrective maintenance and replacement of equipment as needed.
"Proprietary information" means commercial or financial
				  information which is used in one's business and is of a type customarily held
				  in strict confidence or regarded as privileged and not disclosed to any member
				  of the public by the person to whom it belongs.
"Public contact site" means, for the purpose of N.J.A.C.
				  7:14A-20, land with a high potential for contact by the public. This includes,
				  but is not limited to, public parks, ball fields, cemeteries, plant nurseries,
				  turf farms, and golf courses.
"Public hearing" is a hearing before a representative of the
				  Department which provides the opportunity for public comment, but which does
				  not include cross-examination.
"Publicly owned or operated" means owned or operated by the
				  State, a county, a municipality, or other public body.
"Publicly owned treatment works" or "POTW" means any device
				  or system used in the storage and treatment (including recycling and
				  reclamation) of municipal sewage or industrial wastes of a liquid nature which
				  is owned by a State or municipality. This definition includes sewers, pipes, or
				  other conveyances only if they convey wastewater to a POTW providing treatment.
				  Treatment works associated with potable water treatment and solid waste
				  facilities shall be considered industrial treatment works for purposes of this
				  chapter.
"Quarterly monitoring" means monitoring conducted at a
				  minimum frequency of once every three calendar months.
"Radioactive waste" means any waste which contains
				  radioactive material in concentrations which exceed those listed in 10 CFR Part
				  20, Appendix B, Table II, Column 2, or exceed the "Criteria for Identifying and
				  Applying Characteristics of Hazardous Waste and for Listing Hazardous Waste" in
				  40 CFR Part 261, whichever is applicable.
"Range land" means, for the purpose of N.J.A.C. 7:14A-20,
				  open land with indigenous vegetation.
"RCRA" means the Solid Waste Disposal Act as amended by the
				  Resource Conservation and Recovery Act of 1976, as amended,
				  42 U.S.C. §§
										6901 et seq.
"Reclaimed water for beneficial reuse" means water that meets
				  restricted access or public access reuse requirements specified in a NJPDES
				  permit that authorizes that water to be directly reused for non-potable
				  applications in place of potable water, diverted surface water, or diverted
				  groundwater.
"Reclamation site" means drastically disturbed land that is
				  reclaimed using residual. This includes, but is not limited to, strip mines and
				  construction sites.
"Regional Administrator" means the Regional Administrator of
				  the appropriate Regional Office of the USEPA or an authorized representative of
				  the Regional Administrator.
"Regional pump station" means any wastewater pumping station
				  which conveys wastewater from more than one municipality or from at least 25
				  percent of a single municipality's sewer service area, and has a design
				  capacity of at least 0.5 MGD.
"Reissuance of a permit" means the process of issuing a
				  NJPDES permit after a permit has been revoked, or the process of renewing a
				  permit.
"Remediation effluent standards" means the set of effluent
				  limitations in N.J.A.C. 7:14A-12Appendix C which have been developed using a
				  specified technology and which are used for limitations for remediation
				  projects in the absence of an adopted TMDL.
"Request for authorization" is the document submitted under
				  7:14A-6.13 to obtain authorization to discharge under a general permit.
"Reservoir" see the definition for lake.
"Residual" means a solid waste that consists of the
				  accumulated solids and associated liquids which are by-products of a physical,
				  chemical, biological, or mechanical process or any other process designed to
				  treat wastewater or any other discharges subject to regulation under the State
				  Act. For purposes of this chapter, residual includes, but is not limited to,
				  marketable residual product, sludge and sewage sludge. Residual excludes
				  screened vegetative waste and grit and screenings.
"Residual additives" means bulking agents, alkaline
				  materials, dust suppressants or other substances added to a residual by the
				  preparer before or during the residual stabilization process including
				  substances added to improve the marketability of a marketable residual
				  product.
"Residual blending and distribution" means handling, storing
				  or blending bulk exceptional quality residual and storing material derived from
				  exceptional quality residual for subsequent off site distribution.
"Residual land application site" means the site used for land
				  application of residual.
"Residual leachate collection system" means a system or
				  device installed immediately above a liner that is designed, constructed,
				  maintained, and operated to collect and remove leachate from a surface disposal
				  site. This definition includes a sewage sludge leachate collection
				  system.
"Residual-only facility" means any treatment works treating
				  domestic sewage whose methods of sludge use or disposal are required to obtain
				  a permit under
				  40 CFR
				  122.1(b)(3) or N.J.A.C.
				  7:14A-20. This term shall also apply to any treatment works whose method of
				  residual use or disposal is required to obtain a permit under N.J.A.C.
				  7:14A-20.
"Residual stabilization" means the reduction of the volatile
				  and putrescible fraction of sludge with attendant reduction in the numbers of
				  pathogens. Residual stabilization processes include, but are not limited to,
				  digestion, composting, heat treatment, and alkaline stabilization.
"Residuals Transfer Report" means the Department's form used
				  to track quantities of residual volumes transferred inter- and intra-
				  facility.
"Residual transport container" means a leakproof, closed,
				  modular receptacle which is maintained in a nuisance-free manner, including,
				  but not limited to, containing residual and odor.
"Residual use or disposal practice" means the collection,
				  storage, treatment, transportation, processing, monitoring, use, or disposal of
				  residual. This definition includes a sewage sludge use or disposal
				  practice.
"Reuse feasibility study" means an evaluation of the
				  environmental, technical and economic aspects of implementing RWBR, conducted
				  in accordance with the Department's "Technical Manual for Reclaimed Water for
				  Beneficial Reuse," which is available from the Department's Division of Water
				  Quality at PO Box 029, Trenton, New Jersey 08625 or from the Division's website
				  at
http://www.nj.gov/dep/dwq
.
"Revocation of a permit" means the process of terminating of
				  a permit.
"Reynolds number" means the numerical quantity used to
				  characterize the type of flow in a closed conduit from which a representative
				  grab sample may be taken for the purposes of this subchapter.
"River mile" or "R.M." means the distance, measured in
				  statute miles, between two locations on a stream, with the first location
				  designated as mile zero. For example, mile zero for the Delaware River is
				  located at the intersection of the center line of the navigation channel and a
				  line between the Cape May Light, New Jersey, and the tip of Cape Henlopen,
				  Delaware.
"Rock crushing and gravel washing facilities" means
				  facilities which process crushed and broken stone, gravel, and riprap (See 40
				  CFR part 436, subpart B, including the effluent limitations guidelines).
"Runoff" means, for the purpose of N.J.A.C. 7:14A-20,
				  rainwater, leachate, or other liquid that drains overland on any part of a land
				  surface and runs off of the land surface.
"Runoff coefficient" means the fraction of total rainfall
				  that will appear at a conveyance as runoff.
"Saline waters" means waters having salinities generally
				  greater than 3.5 parts per thousand at mean high tide.
"Sanitary landfill" means a solid waste facility, as defined
				  in N.J.A.C. 7:26, at which solid waste is deposited on or into the land as fill
				  for the purpose of permanent disposal or storage for a period of time exceeding
				  six months, except that it shall not include any waste facility approved for
				  disposal of hazardous waste pursuant to N.J.A.C. 7:26.
"Sanitary sewage" means any liquid waste containing animal or
				  vegetable matter in suspension or solution, or the water carried wastes
				  resulting from the discharge of water closets, laundry tubs, washing machines,
				  sinks, dishwashers, or any other source of water carried waste of human origin
				  or containing putrescible material. This term specifically excludes industrial,
				  hazardous or toxic wastes and materials.
"Saturated zone" or "zone of saturation" means that part of
				  the earth's crust in which all voids are filled with water.
"Schedule of compliance" or "compliance schedule" means a
				  schedule of remedial measures including an enforceable sequence of actions,
				  operations leading to compliance with water quality standards, an effluent
				  limitation or other limitation, prohibition or standard.
"Seasonal high water table" means the maximum level to which
				  ground water will be normally expected to rise due to the effects of natural
				  precipitation and infiltration of water.
"Secondary contact recreation" means recreational activities
				  where the probability of water ingestion is minimal and includes, but is not
				  limited to, boating and fishing.
"Secondary liner" is a liner consisting of either soil or
				  earthen materials at least three feet (0.91 meters) in thickness with a
				  saturated hydraulic conductivity under maximum hydrostatic head conditions not
				  more rapid than 1x10(E-7) centimeters per second, or synthetic material at
				  least 30 millimeters (0.03 inches) in thickness designed to prevent the flow of
				  liquid from surface impoundments. A secondary liner shall have properties of
				  such a nature so as to ensure the prevention of the flow of liquids from
				  surface impoundments throughout their active life, closure, and post-closure
				  periods.
"Secretary" means the Secretary of the Army, acting through
				  the Chief of Engineers.
"Sediment oxygen demand" means that portion of the oxygen
				  depletion present in a receiving waterbody which is due to the substrate
				  present in the waterbody.
"Separate sewer system" means a sewer system that is designed
				  to only carry sanitary sewage and not designed to collect and transport
				  stormwater from streets and other sources, thus serving a combined
				  purpose.
"Separate storm sewer" means a conveyance or system of
				  conveyances (including roads with drainage systems, streets, catch basins,
				  gutters, ditches, man-made channels, or storm drains):
1. Designed or used for collecting or conveying
				  stormwater;
2. Which is not part of a combined sewer system; and
3. Which is not part of a publicly owned treatment works
				  (POTW).
"Septage" means the liquid and solid material pumped from a
				  septic tank, cesspool, or similar domestic sewage treatment system, or a
				  holding tank when the system is cleaned or maintained.
"Serious violation" means an exceedance, at a discharge point
				  source, of an effluent limitation, except color, set forth in a permit,
				  administrative order, or administrative consent agreement, including interim
				  enforcement limits, as follows:
1. For effluent limitations for pollutants that are measured
				  by concentration or mass, except for whole effluent toxicity;
i. Violations of an effluent limitation that is expressed as
				  a monthly average;
(1) By 20 percent or more for a hazardous pollutant;
				  and
(2) By 40 percent or more for a nonhazardous
				  pollutant;
ii. Violations of an effluent limitation that is expressed as
				  a daily maximum or daily minimum without a monthly average;
(1) By 20 percent or more of the average of all of the daily
				  maximum or minimum values for hazardous pollutant; and
(2) By 40 percent or more of the average of all of the daily
				  maximum or minimum values for a nonhazardous pollutant;
2. For effluent limitations for whole effluent toxicity as
				  follows:
i. For any violation of an LC50, NOAEC, IC[25] or a NOEC
				  limit when, upon subtracting the toxicity test result from the whole effluent
				  toxicity limit, the difference is as follows:
Whole Effluent Toxicity Limit
Difference
						  (Percent Effluent)
(Percent Effluent)
Greater than or equal to 80 and
Greater than or
						  equal to 20
less than or equal to 100
Greater than or equal to 50 and
Greater than or
						  equal to 15
less than 80
Greater than 10 and less than 50
Greater than
						  or equal to 10
Less than or equal to 10
Greater than or equal
						  to 9
ii. For any violation of whole effluent toxicity limitations
				  expressed as no measurable acute toxicity (NMAT) with greater than or equal to
				  50 percent mortality in any test concentration, including 100 percent effluent;
				  and
3. The greatest violation of a pH effluent range in any one
				  calendar day which violation deviates from the midpoint of the range by at
				  least 40 percent of the midpoint of the range excluding the excursions
				  specifically excepted by a NJPDES permit with continuous pH monitoring. For
				  example: Assuming that a permittee's effluent limitation range for pH is 6.0 to
				  9.0, the midpoint would be 7.5.
If the five separate readings of pH during a given day were
				  4.3, 5.8, 6.5, 6.0 and 6.5, the reading of 4.3 would be a serious violation as
				  follows:
7.5 (midpoint) - 4.3 (greatest exceedance) x 100 =
						  42.6%
7.5 (midpoint)
For example: Using the same information as above. Forty
				  percent of 7.5 is 3; therefore, if the greatest violation of a pH effluent
				  range for any calendar day has a pH of 4.5 or less or a pH of 10.5 or greater,
				  the violation would be a "serious violation."
4. Notwithstanding the above, the Department may utilize, on
				  a case-by-case basis, a more stringent factor of exceedance to determine a
				  serious violation if the Department states the specific reasons therefore,
				  which may include the potential for harm to human health or the environment.
"Seven day average value" means the greatest sum of all daily
				  discharges measured during any seven consecutive days, divided by the number of
				  daily discharges measured during that period. Results are commonly expressed in
				  loading (kg/day) and/or concentration (mg/L).
"Severe property damage" means substantial physical damage to
				  property, damage to the treatment facilities which would cause them to become
				  inoperable, or substantial and permanent loss of natural resources which can
				  reasonably be expected to occur in the absence of a bypass. Severe property
				  damage does not mean economic loss caused by delays in production.
"Sewage" means any wastes, including wastes from humans,
				  households, commercial establishments, industries, and stormwater runoff, that
				  are discharged to or otherwise enter a DTW.
"Sewage authority" see sewerage entity.
"Sewage from vessels" means human body wastes and the wastes
				  from toilets and other receptacles intended to receive or retain body wastes
				  that are discharged from vessels, including graywater and regulated under
				  Section 312 of the Federal Act or under the State Act. For the purposes of this
				  definition, "graywater" means galley, bath, and shower water.
"Sewage sludge" means the solid, semi-solid, or liquid
				  residue generated by the processes of a domestic treatment works. Sewage sludge
				  includes, but is not limited to, domestic septage; scum or solids removed in
				  primary, secondary, or advanced wastewater treatment processes; and any
				  material derived from sewage sludge. Sewage sludge does not include ash
				  generated during the firing of sewage sludge in a sewage sludge incinerator or
				  grit and screenings generated during preliminary treatment of domestic sewage
				  in a treatment works.
"Sewage sludge use or disposal practice" means the
				  collection, storage, treatment, transportation, processing, monitoring, use, or
				  disposal of sewage sludge.
"Sewerage authority" means a sewerage authority created
				  pursuant to the Sewerage Authorities Law, 40:14A-1 et seq.
"Sewerage entity" means a county or municipal utilities
				  authority, municipality, corporation, or other legal entity which owns or
				  operates a sewerage facility (that is, a sewage authority).
"Sewer extension" means any sewer pipe, line, structure or
				  appurtenance used for the conveyance of domestic or industrial waste of a
				  liquid nature, whether forced or by gravity, which:
1. Will extend along an easement through more than two
				  properties, a roadway, or public right-of-way;
2. Conveys flows from more than two buildings; or
3. Conveys, or will convey, 8,000 gallons per day or more of
				  sewage flow determined in accordance with the criteria specified in 7:14A-23.3.
				  This includes all sewer lines from a single building if the building utilizes
				  more than one sewer line to convey waste to the sewer system and the aggregate
				  waste flow is 8,000 gallons per day or more.
"Sheen" means an iridescent appearance on the surface of
				  water.
"Shellfish" means those mollusks commonly known as clams,
				  oysters, or mussels.
"Shellfish waters" means waters classified as Approved,
				  Seasonally Approved, Special Restricted, Seasonally Special Restricted or
				  Condemned that support or possess the potential to support shellfish which are
				  within the Coastal Area Facility Review Act (CAFRA) zone as delineated in 1973,
				  (excluding: 1--The Cohansey River upstream of Brown's Run; 2--The Maurice River
				  upstream of Route 548; 3--The Great Egg Harbor River upstream of Powell Creek;
				  4--The Tuckahoe River upstream of Route 50; 5--The Mullica River upstream of
				  the Garden State Parkway) plus the adjacent areas between Route 35 (from its
				  juncture with the CAFRA zone just north of Red Bank to its juncture with the
				  CAFRA zone just south of Keyport) and the CAFRA zone and the area from the
				  C.A.F.R.A. zone on the south northwesterly along Route 35 to the northern shore
				  of the Raritan River, then easterly along the northern shore of the Raritan
				  River to the southeast point of Perth Amboy, then due east to the New Jersey
				  jurisdictional limit, and seaward along the jurisdictional limit to the
				  Atlantic Ocean.
"Significant biological treatment" means the use of an
				  aerobic or anaerobic biological treatment process in a treatment works to
				  consistently achieve a 30-day average of at least 65 percent removal of
				  BOD[5].
"Significant indirect user" or "SIU" means, solely for the
				  purposes of this chapter:
1. Any user in the State including, but not limited to, any
				  significant industrial user as defined in
				  40
				  CFR 403.3(v) but excluding
				  municipal collection systems, who discharges wastewater into a local agency
				  where:
i. The user is subject to Categorical Pretreatment Standards
				  under
				  40 CFR
				  403.6 and 40 CFR Chapter I, Subchapter
				  N;
ii. The user's average volume of process wastewater exceeds
				  25,000 gallons per day;
iii. The amount of BOD, COD or Suspended Solids in the
				  industrial process wastewater discharge exceeds the mass equivalent of 25,000
				  gallons per day of the domestic waste of the affected local agency;
iv. The volume of industrial process wastewater in the
				  discharge exceeds five percent or more of the average daily dry weather flow of
				  the local agency;
v. The user's discharge of process wastewater contributes,
				  five percent or more of the daily mass loading of any of the pollutants listed
				  in N.J.A.C. 7:14A-4, Appendix A Tables II through V;
vi. The user is designated as an SIU by the control authority
				  on the basis that the user has a reasonable potential for adversely affecting
				  the local agency's operation;
vii. The user is designated as an SIU by the control
				  authority on the basis that the user has been in violation of any Federal,
				  State, or local pretreatment standard or requirement, including, but not
				  limited to, significant noncompliance as defined in
				  40
				  CFR 403.8(f)(2) (viii);
				  or
viii. The control authority determines it would be consistent
				  with the intent of the Pretreatment Act or State Act to require a permit for
				  the indirect user; and
2. Any user in areas of the State in which the Department is
				  the control authority where:
i. The user is determined to be a hazardous waste facility
				  that received a permit in accordance with N.J.A.C. 7:26G-12;
ii. The user's discharge consists of landfill leachate, which
				  is either pure, treated, or diluted; or
iii. The user's discharge consists of 25,000 gallons per day
				  or more of process wastewater and/or polluted ground water which is pumped from
				  the ground in order to decontaminate an aquifer; however
3. Upon finding that any user in the State has no reasonable
				  potential for adversely affecting the local agency's operation or for violating
				  any Federal, State, or local pretreatment standard or requirement, the control
				  authority may at any time, on its own initiative or in response to a petition
				  received from a user or a local agency, and in accordance with
				  40
				  CFR 403.8(f)(6), determine
				  that any user specified in paragraphs 1 or 2 above, unless the user is subject
				  to Categorical Pretreatment Standards under
				  40 CFR
				  403.6 and 40 CFR Chapter I, Subchapter N, is
				  not a significant indirect user.
"Significant materials" means, but is not limited to: raw
				  materials; fuels; materials such as solvents, detergents, and plastic pellets;
				  finished materials such as metallic products; raw materials used in food
				  processing or production; hazardous substances designated under section 101(14)
				  of CERCLA; any chemical the facility is required to report pursuant to section
				  313 of title III of SARA; fertilizers; pesticides; and waste products such as
				  ashes, slag and sludge that have the potential to be released with stormwater
				  discharges.
"Significantly more stringent limitations" means BOD5 and TSS
				  limitations necessary to meet the percent removal requirements of at least five
				  mg/l more stringent than the otherwise applicable concentration-based
				  limitations (for example, less than 25 mg/l in the case of the secondary
				  treatment limits for BOD[5] and TSS), or the percent removal limitations in
				  N.J.A.C. 7:14A-12, if such limit as would, by themselves, force significant
				  construction or other significant capital expenditure.
"Significant noncomplier" or "SNC" means any person, except a
				  local agency for an exceedance of an effluent limitation for flow, who commits
				  any of the violations described below, unless the Department uses, on a
				  case-by-case basis, a more stringent frequency or factor of exceedance to
				  determine a significant noncomplier and the Department states the specific
				  reasons therefor, which may include the potential for harm to human health or
				  the environment. Violations which cause a person to become or remain an SNC
				  include:
1. A serious violation for the same pollutant, at the same
				  discharge point source, in any two months of any consecutive six month
				  period;
2. Exceedance of an effluent limitation expressed as a
				  monthly average, for the same pollutant, at the same discharge point source, by
				  any amount in any four months of any consecutive six month period;
3. If there is not an effluent limitation for a particular
				  pollutant expressed as a monthly average, exceedance of the monthly average of
				  the daily maximums for the effluent limitation, for the same pollutant, at the
				  same discharge point source, by any amount in any four months of any
				  consecutive six month period;
4. Any exceedance of an effluent limitation for pH by any
				  amount, excluding the excursions specifically excepted by a NJPDES permit with
				  continuous pH monitoring, at the same discharge point source in any four months
				  of any consecutive six month period; or
5. Failure to submit a completed discharge monitoring report
				  in any two months of any consecutive six month period.
"Significant portion of income" means 10 percent or more of
				  gross personal income for a calendar year, except that it means 50 percent or
				  more of gross income for a calendar year if the recipient is over 60 years of
				  age and is receiving that portion under retirement, pension, or similar
				  arrangement.
"Silviculture" means the management of forest land for
				  timber. This practice sometimes contributes to water pollution as in
				  clear-cutting.
"Silvicultural point source" means any discernible, confined
				  and discrete conveyance related to rock crushing, gravel washing, log sorting,
				  or log storage facilities which are operated in connection with silvicultural
				  activities and from which pollutants are discharged into waters of the United
				  States. The term does not include non-point source silvicultural activities
				  such as nursery operations, site preparation, reforestation and subsequent
				  cultural treatment, thinning, prescribed burning, pest and fire control,
				  harvesting operations, surface drainage, or road construction and maintenance
				  from which there is natural runoff. However, some of these activities (such as
				  stream crossing for roads) may involve point source discharges of dredged or
				  fill material which may require a CWA section 404 permit (See 33 CFR 209.120
				  and part 233 ).
"Site" means the land or water area upon which a source and
				  its water pollution control facilities are physically located, including, but
				  not limited to, adjacent land used for utility systems, repair, storage,
				  shipping or processing areas, or other areas incidental to the industrial,
				  manufacturing, or water pollution treatment processes.
"Site specific allocation" means a wasteload allocation for a
				  specific pollutant to an existing or future point source based on site specific
				  considerations rather that from a total maximum daily load (TMDL).
"SIU pretreatment works" means any treatment works serving
				  exclusively a SIU facility and treating the facility's industrial process
				  wastewater, or a combination of its process and domestic wastewater, prior to
				  the discharge thereof into a domestic treatment works.
"Six hour composite sample" means a combination of individual
				  aliquots obtained at a minimum frequency of one aliquot at 30-minute intervals
				  over a six-hour period.
"Sludge" means the solid residue and associated liquid
				  resulting from the physical, chemical or biological treatment of domestic or
				  industrial wastewaters.
"Slug discharge" means any discharge of a non-routine,
				  episodic nature, including, but not limited to, an accidental spill or a
				  non-customary batch discharge that has a reasonable potential to cause
				  interference or pass through, or in any other way violate the POTW's
				  regulations, local limits or permit conditions.
"Slurry tank" means a stationary, above or below ground tank,
				  usually made of steel or preformed concrete, designed to hold liquid residuals.
				  These tanks are generally uncovered and conventionally used for storage of
				  manures.
"Small business exemption" means an exemption from submitting
				  specific quantitative data for any business that qualifies as a small business
				  as specified in 7:14A-4.3(c).
"Small minor facility" means any facility which discharges to
				  surface water and meets one of the following descriptions:
1. Facilities receiving domestic wastewater with an effluent
				  design flow or effluent permitted flow less than 0.5 MGD with no significant
				  industrial or commercial component;
2. Elementary schools and churches with no off-site
				  contributors;
3. Commercial dischargers, high schools, and technical
				  schools with an effluent design flow or effluent permitted flow less than 0.1
				  MGD; or
4. Industrial facilities that meet the definition of a small
				  business at 7:14A-4.3(c) and discharges less than 10,000 gallons per day,
				  conditional upon approval by the Department.
"Small municipal separate storm sewer system" or "small MS4"
				  means all municipal separate storm sewers (other than "large" or "medium"
				  municipal separate storm sewer systems as defined in this section) that
				  are:
1. Owned or operated by municipalities described under
				  7:14A-25.1(b);
2. Owned or operated by county, State, interstate, or Federal
				  agencies, and located at public complexes as described under
				  7:14A-25.2(a)2;
3. Owned or operated by county, State, interstate, or Federal
				  agencies, and located at highways and other thoroughfares as described under
				  7:14A-25.2(a)3; or
4. Owned or operated by county, State, interstate, Federal,
				  or other agencies, and receive special designation under 7:14A-25.2(a)4.
"Soil erosion and sediment control plan" means a scheme which
				  indicates land treatment measures, including a schedule of the timing for their
				  installation, to minimize soil erosion and sediment in accordance with the Soil
				  Erosion and Sediment Control Act, 4:24-39 et seq.
"Sole or principal source aquifer" means an aquifer which has
				  been designated by the Administrator pursuant to Section 1424 (a) or (e) of the
				  SDWA.
"Solids/floatables" means any wastes or debris, floating,
				  suspended, or otherwise contained in wastewater capable of being discharged to
				  waters of the State.
"Solid waste" means a solid waste as defined in either
				  13:1E-3, incorporated by reference, or Section 1004 of RCRA (
				  42
				  USC §
										6903 ), incorporated by reference,
				  as supplemented or amended.
"Solid waste facility" means a facility as defined at
				  N.J.A.C.
				  7:26-1.4.
"Source" means any facility or activity, from which there is
				  or may be a discharge of pollutants.
"Spray irrigation" means a system for land application of
				  pollutants, over maintained vegetated ground surfaces using sprinkler heads or
				  nozzles as a method of application.
"Standards for residual use or disposal" means the standards
				  at N.J.A.C. 7:14A-20, 7:26, 7:27 and 40 CFR Parts 257, 258 and 503 which govern
				  minimum requirements for residual quality, management practices, and monitoring
				  and reporting applicable to residual or the use or disposal of residual by any
				  person. These standards may include, but are not limited to, standards for
				  sewage sludge use or disposal.
"Standards for sewage sludge use or disposal" means the
				  standards at N.J.A.C. 7:14A-20, 7:26, 7:27 and 40 CFR Part 258 and 503 which
				  govern minimum requirements for sewage sludge quality, management practices,
				  and monitoring and reporting applicable to sewage sludge or the use or disposal
				  of sewage sludge by any person.
"State" means the State of New Jersey.
"State Act" means the New Jersey "Water Pollution Control
				  Act," 58:10A-1 et seq., as amended.
"State/USEPA Agreement" means an agreement between the
				  Regional Administrator and the State which integrates and coordinates USEPA and
				  State activities, responsibilities and programs under the Federal Act, RCRA,
				  and SDWA.
"Statewide sludge management plan" ("SSMP") means the most
				  recent version of the document which has been adopted by the Department under
				  the authority of 13:1E-46, as the component of the State Solid Waste Management
				  Plan and the Statewide Water Quality Management Plan that establishes the
				  objectives, criteria, and standards for the management of sewage sludge and
				  domestic septage in New Jersey. The SSMP includes district and directed
				  generator sludge management plans approved by the Department.
"Storage of residual" means the containment or placement of
				  residual on land on which the residual remains for six months or less. The
				  storage of residual does not include the treatment of residual. This definition
				  includes the storage of sewage sludge.
"Storage pad" means a large, gently sloping surface,
				  constructed of an impervious material (usually concrete), surrounded by a curb,
				  with a drainage system for collection of leachate, designed to hold dewatered
				  residuals.
"Stormwater" means water resulting from precipitation
				  (including rain and snow) that:
1. Runs off the land's surface;
2. Is transmitted to the subsurface; or
3. Is captured by separate storm sewers or other sewerage or
				  drainage facilities, or conveyed by snow removal equipment.
"Stormwater discharge (or stormwater DSW) associated with
				  industrial activity" means:
1. A discharge to surface water, from a point source or a
				  nonpoint source, of stormwater that is directly related to manufacturing,
				  processing or raw materials storage areas at an industrial plant. The term does
				  not include discharges from facilities or activities excluded from the NJPDES
				  program under 7:14A-2.5. For the categories of industries identified in this
				  paragraph, the term includes, but is not limited to, stormwater discharges from
				  industrial plant yards; immediate access roads and rail lines used or traveled
				  by carriers of raw materials, manufactured products, waste material, or
				  by-products used or created by the facility; material handling sites; refuse
				  sites; sites used for the application or disposal of process waste waters (as
				  defined in 40 CFR part 401 ); sites used for the storage and maintenance of
				  material handling equipment; sites used for treatment, storage, or disposal of
				  by-product or waste product; shipping and receiving areas; manufacturing
				  buildings; storage areas (including tank farms) for raw materials, and
				  intermediate and final products; and areas where industrial activity has taken
				  place in the past and significant materials remain and are exposed to
				  stormwater. For the purposes of this paragraph, material handling activities
				  include storage, loading and unloading, transportation, or conveyance of any
				  raw material, intermediate product, final product, by-product or waste product.
				  The term excludes areas located on plant lands separate from the plant's
				  industrial activities, such as office buildings and accompanying parking lots
				  as long as the drainage from the excluded areas is not mixed with stormwater
				  drained from the above described areas. The term also excludes discharges that
				  qualify for "Permanent No Exposure" exclusion under 7:14A-24.6. Industrial
				  facilities include industrial facilities that are Federally, State, or
				  municipally owned or operated that meet the description of the facilities
				  listed in subparagraphs 1i through 1xi below. For purposes of subparagraphs
				  1ii, 1iii, 1vi, 1viii, and 1xi below, a facility is classified under a
				  particular Standard Industrial Classification if the facility, as its primary
				  or other activity, provides any of the products or services that describe that
				  Standard Industrial Classification. The following categories of facilities are
				  considered to be engaging in "industrial activity" for purposes of this
				  paragraph:
i. Facilities subject to stormwater effluent limitations
				  guidelines, new source performance standards, or toxic pollutant effluent
				  standards under 40 CFR subchapter N (except facilities with toxic pollutant
				  effluent standards which are exempted under subparagraph 1xi below);
ii. Facilities classified as Standard Industrial
				  Classifications 24 (except 2434), 26 (except 265 and 267), 28 (except 283 and
				  285), 29, 311, 32 (except 323), 33, 3441, 373.
iii. Facilities classified as Standard Industrial
				  Classifications 10 through 14 (mineral industry) including active or inactive
				  mining operations (except for areas of coal mining operations no longer meeting
				  the definition of a reclamation area under
				  40 CFR
				  434.11(1) because the
				  performance bond issued to the facility by the appropriate SMCRA authority has
				  been released, or except for areas of non-coal mining operations which have
				  been released from applicable State or Federal reclamation requirements after
				  December 17, 1990) and oil and gas exploration, production, processing, or
				  treatment operations, or transmission facilities that discharge stormwater
				  contaminated by contact with or that has come into contact with, any
				  overburden, raw material, intermediate products, finished products, byproducts
				  or waste products located on the site of such operations; (inactive mining
				  operations are mining sites that are not being actively mined, but which have
				  an identifiable owner/operating entity; inactive mining sites do not include
				  sites where mining claims are being maintained prior to disturbances associated
				  with the extraction, beneficiation, or processing of mined materials, nor sites
				  where minimal activities are undertaken for the sole purpose of maintaining a
				  mining claim);
iv. Hazardous waste treatment, storage, or disposal
				  facilities, including those that are operating under interim status or a permit
				  under subtitle C of RCRA;
v. Landfills, land application sites, and open dumps that
				  receive or have received any industrial wastes (waste that is received from any
				  of the facilities described under this paragraph) including those that are
				  subject to regulation under subtitle D of RCRA;
vi. Facilities involved in the recycling of materials,
				  including metal scrapyards, battery reclaimers, salvage yards, and automobile
				  junkyards, including but limited to those classified as Standard Industrial
				  Classification 5015 and 5093;
vii. Steam electric power generating facilities, including
				  coal handling sites;
viii. Transportation facilities classified as Standard
				  Industrial Classifications 40, 41, 42 (except 4221-25), 43, 44, 45, and 5171
				  which have vehicle maintenance shops, equipment cleaning operations, or airport
				  deicing operations. Only those portions of the facility that are either
				  involved in vehicle maintenance (including vehicle rehabilitation, mechanical
				  repairs, painting, fueling, and lubrication), equipment cleaning operations,
				  airport deicing operations, or which are otherwise identified under
				  subparagraphs 1i through 1vii above or subparagraphs 1ix through 1xi below are
				  associated with industrial activity;
ix. Treatment works treating domestic sewage or any other
				  sewage sludge or wastewater treatment device or system, used in the storage
				  treatment, recycling, and reclamation of municipal or domestic sewage,
				  including land dedicated to the disposal of sewage sludge that are located
				  within the confines of the facility, with a design flow of 1.0 MGD or more, or
				  required to have an approved pretreatment program under 40 CFR part 403. Not
				  included are farm lands, domestic gardens or lands used for sludge management
				  where sludge is beneficially reused and which are not physically located in the
				  confines of the facility, or areas that are in compliance with section 405 of
				  the Federal Act;
x. Construction activity including clearing, grading and
				  excavation, except operations that result in the disturbance of less than five
				  acres of total land area. Construction activity also includes the disturbance
				  of less than five acres of total land area that is a part of a larger common
				  plan of development or sale if the larger common plan will ultimately disturb
				  five acres or more. For a facility (other than an airport, powerplant, or
				  uncontrolled sanitary landfill) that is owned or operated by a municipality
				  with a population of less than 100,000, this subparagraph does not include
				  construction activity that commenced prior to March 3, 2004, unless such
				  activity required, but did not have, certification or approval issued under the
				  Soil Erosion and Sediment Control Act, 4:24-39 et seq., prior to March 3, 2004;
				  and
xi. Facilities under Standard Industrial Classifications 20,
				  21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34
				  (except 3441), 35, 36, 37 (except 373), 38, 39, and 4221-25; and
2. Any discharge to surface waters of stormwater that does
				  not meet paragraph 1 above, but that the Department classifies as a "stormwater
				  discharge associated with industrial activity" at the request of the permittee,
				  applicant, or prospective applicant for that discharge. Such requests may be
				  withdrawn at any time before or after such classification.
"Stormwater discharge (or stormwater DSW) associated with
				  small construction activity" means the discharge to surface water, from a point
				  source or a nonpoint source, of stormwater from:
1. Construction activities including clearing, grading, and
				  excavating that result in land disturbance of equal to or greater than one acre
				  and less than five acres. Small construction activity also includes the
				  disturbance of less than one acre of total land area that is part of a larger
				  common plan of development or sale if the larger common plan will ultimately
				  disturb equal to or greater than one and less than five acres. Small
				  construction activity does not include:
i. Routine maintenance that is performed to maintain the
				  original line and grade, hydraulic capacity, or original purpose of the
				  facility; or
ii. Construction activity that commenced prior to March 3,
				  2004, unless such activity required, but did not have, certification or
				  approval issued under the Soil Erosion and Sediment Control Act, 4:24-39 et
				  seq., prior to March 3, 2004; and
2. Any other construction activity designated by the
				  Department or the USEPA Regional Administrator, based on the potential for
				  contribution to a violation of a surface water quality standard, or for
				  significant contribution of pollutants to waters of the State.
"Stratum" means a single sedimentary bed or layer, regardless
				  of thickness, that consists of generally homogeneous rock material.
"Stream temperature" means the temperature of a stream
				  outside of a designated heat dissipation area.
"Subsidence" means the lowering of the natural land surface
				  in response to any of the following: earth movements; lowering of fluid
				  pressure; removal of underlying supporting material by mining or solution of
				  solids, either artificially or from natural causes; compaction due to wetting
				  (hydrocompaction); oxidation of organic matter in solids; or added load on the
				  land surface.
"Surface casing" means the first string of well casing to be
				  installed in the well.
"Surface disposal site" means an area of land where residual
				  is placed or was left in place for final disposal. For the purposes of this
				  chapter, "place residual" or "residual placed" shall refer to the surface
				  disposal of residual. This definition does not include an area of land used for
				  the land application of residual.
"Surface impoundment" or "impoundment" means a facility or
				  part of a facility which is a natural topographic depression, man-made
				  excavation, or diked area formed primarily of earthen materials (although it
				  may include a liner), which is designed to hold an accumulation of liquid or
				  solid wastes or wastes containing free liquids, and which is not an injection
				  well. Examples of surface impoundments are holding, storage, settling and
				  aeration pits, ponds, and lagoons.
"Surface water" means water at or above the land's surface
				  which is neither ground water nor contained within the unsaturated zone,
				  including, but not limited to, the ocean and its tributaries, all springs,
				  streams, rivers, lakes, ponds, wetlands, and artificial waterbodies.
"Surface water classifications" means names assigned by the
				  Department in N.J.A.C. 7:9B to waters having the same designated uses and water
				  quality criteria (for example, FW1, PL, FW2-NT, SE1, SC, Zone 1C).
"Surface Water Quality Standards" means the rules at N.J.A.C.
				  7:9B which set forth, for the surface waters of the State, designated uses, use
				  classifications, and water quality criteria, and the Department's policies
				  concerning these uses, classifications and criteria.
"Surrogate parameter" means a parameter which is used as an
				  indicator of the pollutant concentration for one or more other
				  parameters.
"Suspended Solids" see "total suspended solids".
"Suspension of a permit" means the temporary revocation of a
				  permit for a specified period of time during the five year permit cycle.
"Synoptic well data" means a set of ground water related
				  measurements sufficiently simultaneous so that the piezometric surface and
				  ground water flow direction can be inferred accurately, and important
				  fluctuations will not affect interpretation.
"Thermal alterations" means the increase or decrease in the
				  temperature of surface waters, above or below the natural temperature, that may
				  be caused by the activities of man.
"Thermal discharge" means the component of any discharge
				  which is comprised of heat, and which shall be limited in accordance with
				  Sections 301, 306, 316 of the Federal Act, Section 6 of the State Act.
"Thermocline" means the plane of maximum rate of change in
				  temperature with respect to depth.
"30 day average" or "monthly average value" means the sum of
				  all daily discharges measured during a calendar month, divided by the number of
				  daily discharges measured during that month. Results are commonly expressed in
				  loading (kg/day) and/or concentration (mg/L).
"Tidal waters" means fresh or saline water under tidal
				  influence, up to the head of tide.
"Time proportional composite" means a single sample which
				  receives equal aliquots at equal time intervals.
"Total dissolved solids" or "TDS" means the total dissolved
				  (filterable) solids as determined by use of the method specified in 40 CFR Part
				  136.
"Total Kjeldahl nitrogen" or "TKN" means the summation of the
				  organic nitrogen containing compounds present in effluent or ambient waters
				  which is measured by the total Kjeldahl nitrogen analytical methodology in 40
				  CFR Part 136, Method 351.
"Total maximum daily load" or "TMDL" means a total maximum
				  daily load formally established pursuant to Section 7 of the Water Quality
				  Planning Act (58:11A-7 ) and Section 303(d) of the Clean Water Act, 33 U.S.C.
				  §§ 12512 et seq. A TMDL is the sum of individual wasteload
				  allocations for point sources, load allocations for nonpoint sources of
				  pollution, other sources such as tributaries or adjacent segments, and
				  allocations to a reserve or margin of safety for an individual
				  pollutant.
"Total recoverable metal" means the concentration of metal in
				  an unfiltered sample following treatment with hot dilute mineral acid (as
				  defined in Methods for Chemical Analysis of Water and Wastes, EPA-600/4-79-020,
				  March 1979).
"Total suspended solids" or "TSS" means the total
				  nonfilterable residue as determined by analytical procedures set forth in the
				  Manual of Methods for Chemical Analysis of Water and Wastes (USEPA Office of
				  Technology Transfer, Washington, D.C. March 1983).
"Total suspended solids concentrations achievable with waste
				  stabilization ponds" means a TSS value, determined by the Department subject to
				  USEPA approval, which is equal to the effluent concentration achieved 90
				  percent of the time within the State or appropriate contiguous geographical
				  area by waste stabilization ponds that are achieving the monthly average values
				  for BOD5 specified in N.J.A.C. 7:14A-12.
"Toxicity test" see "bioassay".
"Toxic pollutant" or "toxic substance" means any pollutant
				  identified pursuant to the Federal Act, or any pollutant or combination of
				  pollutants, including disease-causing agents, which after discharge and upon
				  exposure, ingestion, inhalation, or assimilation into any organism, either
				  directly or indirectly by ingestion through food chains, may, on the basis of
				  information available to the Department, cause death, disease, behavioral
				  abnormalities, cancer, genetic mutations, physiological malfunctions, including
				  malfunctions in reproduction, or physical deformation, in such organisms or
				  their offspring. Toxic pollutants shall include but not be limited to those
				  pollutants identified pursuant to Section 307 of the Federal Act or Section 4
				  of the State Act, or in the case of "sludge use or disposal practices," any
				  pollutant identified pursuant to Section 405(d) of the Federal Act.
"Trade secret" means the whole or any portion or phase of any
				  scientific, technical or otherwise proprietary information, design, process,
				  procedure, formula, or improvement which is used in one's business and is
				  secret and of value. A trade secret shall be presumed to be secret when the
				  owner takes measures to prevent it from becoming available to persons other
				  than those selected by the owner to have access thereto for limited purposes. A
				  trade secret shall not apply to effluent data as provided in Section 9(c) of
				  the State Act and as defined in this section.
"Treatment of hazardous waste" means any method, technique,
				  or process, including neutralization, designed to change the physical,
				  chemical, or biological character or composition of any hazardous waste so as
				  to neutralize such wastes or so as to recover energy or material resources from
				  the waste, or so as to render such waste nonhazardous, or less hazardous; safer
				  to transport, store or dispose of; or amenable for recovery, amenable for
				  storage, or reduce in volume.
"Treatment of residual" means the preparation of a residual
				  for final use or disposal. Treatment of residual includes, but is not limited
				  to, thickening, stabilization, and dewatering of the residual. Treatment of
				  residual does not include storage of the residual. This definition includes the
				  treatment of sewage sludge.
"Treatment works" means any device or system whether public
				  or private, used in the storage, treatment, recycling, or reclamation of
				  municipal or industrial waste of a liquid nature including intercepting sewers,
				  outfall sewers, sewage collection systems, cooling towers and ponds, pumping,
				  power and other equipment and their appurtenances; extensions, improvements,
				  remodeling, additions, and alterations thereof; elements essential to provide a
				  reliable recycled supply such as standby treatment units and clear well
				  facilities; and any other works including sites for the treatment process or
				  for ultimate disposal of residues resulting from such treatment. Additionally,
				  "treatment works" means any other method or system for preventing, abating,
				  reducing, storing, treating, separating, or disposing of pollutants, including
				  stormwater runoff, or industrial waste in combined or separate stormwater and
				  sanitary sewer systems.
"Treatment works approval" means an approval issued pursuant
				  to 58:10A-6 and N.J.A.C. 7:14A-22, or pursuant to former N.J.S.A.
				  58:12-3(Repealed by P.L. 1977, c. 74, Section 14 effective July 24,
				  1977).
"Treatment works treating domestic sewage" means a DTW or any
				  other sewage sludge or wastewater treatment devices or systems, regardless of
				  ownership (including Federal facilities) used in the storage, treatment,
				  recycling, and reclamation of municipal or domestic sewage, including land
				  dedicated for the disposal of sewage sludge. This definition does not include
				  septic tanks or similar devices. The Regional Administrator or Commissioner may
				  designate any person subject to the standards for sewage sludge use or disposal
				  in 40 CFR Part 503 or N.J.A.C. 7:14A-20, as a "treatment works treating
				  domestic sewage" through issuance of a permit where it is found that there is a
				  potential for adverse effects on public health and the environment from sludge
				  quality or sludge handling, or residual use or disposal practices, or where
				  there is a finding that such designation is necessary to ensure that such
				  person is in compliance with 40 CFR Part 503 or N.J.A.C. 7:14A-2.
"Trout maintenance waters" means waters designated in
				  N.J.A.C. 7:9B for the support of trout throughout the year.
"Trout production waters" means waters designated in N.J.A.C.
				  7:9B for use by trout for spawning or nursery purposes during their first
				  summer.
"24-hour composite sample" means a combination of individual
				  aliquots obtained at a minimum frequency of one aliquot at hourly intervals
				  over a 24- hour period.
"201 Facilities Plans" means plans for wastewater treatment
				  facilities adopted pursuant to Section 201 of the Federal Act.
"Type I error" means an error that occurs when a true null
				  hypothesis is rejected erroneously. In the monitoring context a Type I error
				  occurs when a test incorrectly indicates contamination or an increase in
				  contamination at a regulated unit.
"UIC permit" means a NJPDES-DGW permit issued for underground
				  injection control.
"Ultimate sludge management alternative" means the final
				  management of sludge at a facility or operation such that no additional permit
				  or approval actions are required for further processing or movement.
"Uncontrolled sanitary landfill" means a landfill or open
				  dump, whether in operation or closed, that does not meet the requirements for
				  runon or runoff controls established pursuant to subtitle D of RCRA.
"Underground injection" means a well injection.
"Underground source of drinking water" or "USDW" means an
				  aquifer or its portion which supplies any public water system; or
1. Which contains a sufficient quantity of ground water to
				  supply a public water system; and
i. Currently supplies drinking water for human consumption;
				  or
ii. Contains fewer than 10,000 mg/1 total dissolved solids;
				  and
2. Which is not Class III ground water, in accordance with
				  N.J.A.C. 7:9-6.5(f).
"Unsaturated zone" means the subsurface volume between the
				  land's surface and the top of the saturated zone (water table), where moisture
				  does not fill all the pore spaces in the formation or soil.
"Unstable area" means land subject to natural or
				  human-induced forces that may damage the structural components of a surface
				  disposal site. This includes, but is not limited to, land on which the soils
				  are subject to mass movement.
"Uppermost aquifer" means the geologic formation nearest the
				  natural ground surface that is an aquifer, as well as, lower aquifers that are
				  hydraulically interconnected with this aquifer within the facility's property
				  boundary.
"USEPA approved model" means water quality models which have
				  been accepted by the USEPA Center for Exposure Assessment Modeling in Athens,
				  Georgia, and for which the Center provides technical support.
"USEPA Technical Support Document" means the USEPA Technical
				  Support Document for Water Quality Based Toxics Control, (EPA/505/2-90-001),
				  dated March 1991, as amended, incorporated herein by reference.
"User" means any person, individual, firm, company,
				  partnership, corporation, association, group or society, mobile source, and
				  includes political subdivisions of this State and any Federal, State or
				  interstate agency discharging to a DTW.
"Variance" means any mechanism or provision under Sections
				  301 or 316 of the Federal Act or under 40 CFR Part 125, or in the applicable
				  "effluent limitations guidelines" which allows modification to or waiver of the
				  generally applicable effluent limitation requirements or time deadlines of the
				  Federal Act. This includes provisions which allow the establishment of
				  alternative limitations based on fundamentally different factors or on Section
				  301(c), 301(g), 301(h), 301(i), or 316(a) of the Federal Act.
"Vector attraction" means the characteristic of a residual
				  that attracts rodents, flies, mosquitoes, or other organisms capable of
				  transporting infectious agents.
"Warm water aquatic animals" means and includes, but is not
				  limited to, the Ameiuride (catfish), Centrarchidae (sunfish) and Cyprinidae
				  (minnow) families of fish.
"Waste Characterization Report" means the Department's form
				  used primarily for the reporting of surface water sampling data for nonlimited
				  parameters, such as periodic priority pollutant scans; groundwater monitoring
				  well results; and residual monitoring information.
"Wasteload" means the amount of chemical, physical,
				  radiological, or biological matter contained within a waste discharge.
"Wasteload allocation" means the portion of a receiving
				  water's total maximum daily load for a specific pollutant that is allocated to
				  one of its existing or future point sources of pollution. WLAs constitute a
				  type of water quality-based effluent limitation.
"Waste management unit boundary" means a vertical surface
				  located at the hydraulically downgradient limit of the MSWLF unit. This
				  vertical surface extends down into the uppermost aquifer.
"Water quality based effluent limitations" means effluent
				  limitations established so that the quality of the waters receiving a discharge
				  will meet the Surface Water Quality Standards of N.J.A.C. 7:9B, after the
				  introduction of the effluent.
"Water quality criteria" means a designated concentration of
				  a constituent that, when not exceeded, will protect an organism, an organismic
				  community or a prescribed water use or quality.
"Water quality management plans" or "WQMPs" means the plans
				  prepared pursuant to Sections 208 and 303 of the Federal Act and the Water
				  Quality Planning Act, 58:11A-1 et seq., including the Statewide, areawide, and
				  county WQM plans.
"Water quality standards" means the physical, chemical,
				  biological and esthetic characteristics of a water body as described by State
				  water quality criteria, N.J.A.C. 7:9B, or the water quality which would result
				  from existing discharges under design conditions, whichever is more stringent
				  as determined by the Department.
"Waters of the State" means the ocean and its estuaries, all
				  springs, streams and bodies of surface or ground water, whether natural or
				  artificial, within the boundaries of the State of New Jersey or subject to its
				  jurisdiction.
"Weekly" means every seventh day (the same day each week) and
				  a normal operating day, unless otherwise specified in the permit. A normal
				  operating day shall be a period of time reasonably representative of normal
				  operating conditions, on which a representative sample of the discharge may be
				  obtained.
"Weekly monitoring" means monitoring conducted at a minimum
				  of once every seven calendar day period.
"Well" means a bored, drilled or driven shaft, or a dug hole,
				  whose depth is greater than the largest surface dimension.
"Well injection" means the subsurface emplacement of fluids
				  through an injection well.
"Well log" means a log obtained from a well showing such
				  information as relative location and depth of soils horizons and geologic units
				  indicating textural and other petrologic characteristics. Well logs may also
				  show geophysical properties such as resistivity, radioactivity, spontaneous
				  potential and acoustic velocity as in function of depth.
"Well monitoring" means the measurement by on-site
				  instruments or laboratory methods of the quality of water in a well.
"Well plug" means a watertight and gastight seal installed in
				  a borehole or well to prevent movement of fluids.
"Well record" means a concise statement of the available data
				  regarding a well, such as a scout ticket; a full history or day-by-day account
				  of a well, from the day the well was surveyed to the day production
				  ceased.
"Well stimulation" means several processes used to clean the
				  well bore, enlarge channels, and increase pore space in the interval to be
				  injected thus making it possible for wastewater to move more readily into the
				  formation, and includes surging, jetting, blasting, acidizing, or hydraulic
				  fracturing.
"Wetlands" means those areas that are inundated or saturated
				  by surface or ground water at a frequency and duration sufficient to support,
				  and that under normal circumstances do support, a prevalence of vegetation
				  typically adapted for life in saturated soil conditions commonly known as
				  hydrophytic vegetation. The Department shall evaluate the parameters of
				  hydrology, soils, and vegetation to determine the presence and extent of
				  wetlands.
"Whole effluent toxicity" or "WET" means the aggregate toxic
				  effect of an effluent measured by a toxicity test.
"Working hours" means the established core operation hours of
				  the Department, including but not limited to 8:00 A.M. through 5:00 P.M.,
				  Monday through Friday.
"Written statement of consent" means a Departmental form or a
				  resolution by a governmental entity (as specified by the Department for the
				  action requested) signed by an authorized representative of the governmental
				  entity, which expresses that entity's acknowledgment of an application
				  submitted to the Department for approval.
"Zone" means the general surface water classification applied
				  to the mainstem Delaware River and Delaware Bay.
"Zone of saturation" means saturated zone.