N.J. Admin. Code § 7:14A-13.18 - Inclusion of action levels for water quality based effluent limitations

(a) Where the Department has developed water quality based effluent limitations utilizing a chemical equilibrium which includes non-limited pollutants or pollutant parameters which control the chemical equilibrium, action levels for the controlling pollutants or pollutant parameters equal to the values used in the chemical equilibrium calculation shall be included in the permit as permit monitoring conditions.

(b) For ammonia-N limitations, action levels shall be determined and included for pH and may be included for temperature, alkalinity or hardness.

(c) For those metals where the applicable criterion is dependent on hardness, an action level shall be included for hardness.

(d) If the discharge is not in conformance with the applicable action level for a period of time not to exceed the duration of the applicable criterion, the permittee shall take the specific actions stipulated in the discharge permit. These actions may require the permittee to:

1. Collect the necessary instream data during the period of the non-conformance to determine if the instream criteria were exceeded during the period of non-conformance; and

2. Prepare and submit with the monthly DMR, a report which details the frequency and duration of any non-conformance with the action levels as set forth in the permit and includes all instream and effluent data collected during periods of non-conformance.

(e) If the action levels set forth in the permit are exceeded more frequently than once in any monthly monitoring period, the action levels shall be re-evaluated and, if necessary, the effluent limitations associated with those action levels shall be recalculated. The permit shall be reopened and modified to include the updated effluent limitations and the associated action levels. The permit shall be reopened and modified to adjust the action levels and/or the effluent limitations if monitoring data demonstrate that the discharge causes, contributes, or has the reasonable potential to cause or contribute to an exceedance of the surface water quality standards at N.J.A.C. 7:9B.

(f) The following concern whole effluent toxicity (WET) action levels:

1. Action levels for acute WET shall be established as follows:

i. When the Department determines that an acute WET WQBEL is the appropriate limit in accordance with 7:14A-13.5 and 13.6, and is less stringent than an existing and effective WET effluent limitation of an LC50 [GREATER THAN EQUAL TO] 50 percent, the Department shall include the WQBEL in the renewal permit, but retain the LC50 [GREATER THAN EQUAL TO] 50 percent as an action level.

ii. When the Department determines that the discharge from a facility does not cause or have the reasonable potential to cause an excursion above the Surface Water Quality Standard for WET, as determined by 7:14A-13.5, and the permit contains an existing and effective WET effluent limitation of an LC50 [GREATER THAN EQUAL TO] 50 percent, the Department shall retain this value as an action level in the renewal permit.

iii. When the Department determines that a chronic WET WQBEL is the appropriate limit in accordance with 7:14A-13.5 and 13.6 and the permit contains an existing and effective WET effluent limitation of an LC50 [GREATER THAN EQUAL TO] 50 percent, the Department shall not include a WET action level in the renewal permit.

iv. An action level for WET established in a permit may be carried forward into a renewal permit as a permit condition, unless a more stringent WQBEL is included in the permit.

2. If two out of six consecutive acute WET tests demonstrate that the effluent exceeds the acute WET action level, the permittee shall initiate a toxicity reduction evaluation in accordance with 7:14A-13.17.

Notes

N.J. Admin. Code § 7:14A-13.18

Amended by R.2009 d.7, effective 1/5/2009.
See: 40 N.J.R. 1478(a), 41 N.J.R. 142(a).
Added (f).