N.J. Admin. Code § 7:14A-13.13 - Quantity of flow used in the determination of effluent limitations

(a) Effluent flows used for the determination of effluent limitations, standards, or prohibitions shall be established as described below:

1. Permit limitations for continuous discharges shall be determined as follows:

i. For DTWs, the design flow for the facility shall be used when determining permit effluent limitations.

ii. For non-DTWs, a reasonable measure of actual production of the facility, unless otherwise required by an effluent guideline or effluent standard, shall be used when determining effluent limitations. For new sources or new dischargers, actual production shall be estimated using projected production. The time period of the measure of production shall correspond to the time period of the calculated permit limits (for example, monthly production shall be used to calculate average monthly discharge limitations).

iii. The permit may include interim permitted flows that are less than the final design flow to reflect the anticipated effluent flow for the duration of the permit. The projected fifth year flow may be used for DTWs in the determination of water quality based effluent limitations applicable during periods prior to the facility utilizing the full design flow.

2. Effluent flow restrictions shall be included in discharge permits as permit conditions, rather than as numerical effluent limitations, unless the Department determines on a site specific basis that the quantity of effluent flow is of concern and shall be included as a permit limitation. The Department shall state in the permit fact sheet the reason(s) for such determination. The Department may incorporate flow-related requirements necessary to implement the capacity assurance or Treatment Works Approvals programs at N.J.A.C. 7:14A-22 and the Statewide Water Quality Management Planning process at N.J.A.C. 7:15.

Notes

N.J. Admin. Code § 7:14A-13.13