N.J. Admin. Code § 7:14A-13.7 - Determination of water quality based effluent limitations based on narrative criteria

(a) Where the Department has not established a numerical water quality criterion for a specific chemical pollutant but has determined that such a pollutant is present in an effluent at a concentration that causes, has the reasonable potential to cause, or contributes to an excursion or potential excursion above a narrative criterion in the Surface Water Quality Standards, the Department shall:

1. Establish effluent limitations using a calculated numeric criterion utilizing the best available scientific information and developed in accordance with 7:9B-1.5(c)5; or

2. Establish effluent limitations on a surrogate parameter (for example, whole effluent toxicity) for the pollutant of interest, in accordance with 7:14A-13.10, provided:

i. The permit identifies which pollutants are intended to be controlled by the use of the effluent limitation;

ii. The fact sheet sets forth the basis for the limit, including a finding that compliance with the effluent limit on the surrogate parameter will result in controls on the pollutant of concern which are sufficient to attain and maintain applicable Surface Water Quality Standards;

iii. The permit requires the effluent and ambient monitoring necessary to show that during the term of the permit the limit on the surrogate parameter continues to attain and maintain applicable Surface Water Quality Standards; and

iv. The permit shall be reopened and limitations on the base parameters included therein if the limits on the surrogate parameter no longer attain and maintain applicable Surface Water Quality Standards.

Notes

N.J. Admin. Code § 7:14A-13.7

Administrative correction.
See: 29 N.J.R. 3822(a).
Amended by R.2009 d.372, effective 12/21/2009.
See: 41 N.J.R. 1565(a), 41 N.J.R. 4735(a).
In (a)1, updated the N.J.A.C. reference.