New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 20 - STANDARDS FOR THE USE OR DISPOSAL OF RESIDUAL › Section 7:14A-20.5 - Establishing limitations, standards and other permit conditions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall establish conditions in each NJPDES permit for the use or disposal of
				residual, as required on a case-by-case basis, to provide for and ensure
				compliance with all applicable requirements of the Federal and State Acts and
				the regulations promulgated thereunder, as follows:
1. The Department shall include standards for
				residual use or disposal in each NJPDES permit unless those standards have been
				included in a permit issued under the appropriate provisions of the New Jersey
				Solid Waste Management Act,
				13:1E-1 et seq., or the New Jersey
				Air Pollution Control Act,
				26:2C-1 et seq. If any applicable
				standard for residual use or disposal is promulgated and that standard is more
				stringent than any limitation on the pollutant or practice in the permit, the
				Department may initiate proceedings under
				7:14A-16.4 to modify or revoke and
				reissue the permit to conform to the standard for residual use or
				disposal.
2. For any permit issued
				to a treatment works treating domestic sewage or residual-only facility, the
				Department shall include a reopener clause to allow the incorporation of any
				applicable standard for residual use or disposal. The Department shall promptly
				modify or revoke and reissue any permit containing the reopener clause required
				by this paragraph if an applicable standard for residual use or disposal is
				more stringent than any requirements for residual use or disposal in the
				permit, or controls a pollutant or practice not limited in the
				permit.
3. On a case-by-case basis,
				the Department may impose requirements for the use or disposal of residual in
				addition to or more stringent than the requirements in the subchapter when
				necessary to protect public health or the environment from any adverse effect
				of the pollutant in the residual. This authority shall include, but not be
				limited to, the following:
i. The authority
				to require compliance with pollutant limits for additional constituents which
				the Department has evidence exceed the range found in sewage sludge produced in
				the State as determined by the Sludge Quality Assurance Regulations, N.J.A.C.
				7:14C, or which exceed acceptable levels in USEPA's Technical Support Document
				for Land Application of Sewage Sludge, EPA 822/R-93-001a and 001b, November
				1992 or Technical Support Document for Surface Disposal of Sewage Sludge, EPA
				822/R-93-002, November 1992, as amended and supplemented;
ii. For bulk exceptional quality residual,
				the authority to require compliance with any or all of the general requirements
				in 7:14A-20.7(b)1 
				and the management practices in
				7:14A-20.7(b)2 
				upon the Department's determination that the general requirements or management
				practices are needed to protect public health and the environment, to prevent
				the loss of excess nutrients to the waters of the State, or to address the
				release of air contaminants consistent with the Air Pollution Control Act,
				26:2C-1 et seq.;
iii. For all residual applied in accordance
				with 7:14A-20.7(h), the
				authority to establish additional steps in the treatment, delivery, storage,
				and land application of residual to control the release of air contaminants
				(including, but not limited to, ammonia) consistent with the Air Pollution
				Control Act,
				26:2C-1 et seq. These additional
				steps shall include, but not be limited to, the requirement to increase the
				maturity of marketable residual products by achieving additional temperature
				reduction and moisture reduction; and
iv. For sites where bulk residual is applied
				under N.J.A.C.
				7:14A-20.7(h), the authority
				to require a permit or a Letter of Land Application Management Approval to be
				obtained upon the Department's determination that a permit or Letter of Land
				Application Management Approval is needed to protect public health and the
				environment, to prevent the discharge of excess nutrients to the waters of the
				State, or to address the release of air contaminants consistent with the Air
				Pollution Control Act,
				26:2C-1 et seq.