N.J. Admin. Code § 7:14A-19.3 - Industrial pretreatment program requirements for all local agencies
(a) As specified at
7:14A-16.3 and 16.4, the Department
may reissue or modify a local agency's NJPDES permit to include IPP
requirements as set forth in this subchapter.
(b) All local agencies, including those not
required by
7:14A-19.2(a) and
(b) to establish an IPP, shall comply with
the following IPP requirements:
1. All local
agencies shall, pursuant to their permit or upon written request from the
Department or whenever the local sewer use ordinance or rules and regulations
are modified, submit a copy of the local sewer use ordinance or rules and
regulations, including any amendments, to the Bureau of Pretreatment and
Residuals in the Department at 401 East State Street, PO Box 029, Trenton, NJ
08625-0029;
2. All local agencies
shall identify and locate indirect users as specified below:
i. All delegated local agencies shall update
their inventory of indirect users at a frequency and diligence adequate to
ensure proper identification of indirect users subject to pretreatment
standards, appropriate characterization of the nature of their discharges, and
correct designation of indirect users as categorical, significant/major, or
other regulated. This update shall be completed at a minimum frequency of once
per year, and shall be included in the 40 CFR 403 Annual Report required under
7:14A-19.6(f).
ii. Non-delegated local agencies shall submit
an annual report, on forms provided by the Department, that consists of a
listing of all indirect users that meet the significant indirect user
definition in
7:14A-1.2, and a statement whether
the local agency accepts hauled wastes and, if so, the types of
waste;
3. All local
agencies shall develop local limits or demonstrate that such limits are not
necessary in accordance with
7:14A-19.7;
4. Of the amount of any penalty assessed and
collected pursuant to an action brought by a local agency in accordance with
58:10A-10, 10 percent shall be
deposited in the Wastewater Treatment Operators' Training Account established
in accordance with
58:10A-14.5 and used to finance
the cost of training operators of municipal treatment works. The remainder
shall be used by the local agency solely for enforcement purposes and for
upgrading municipal treatment works; and
5. Except as otherwise provided in
47:1A-3, any records, reports, or
other information obtained by a local agency pursuant to this paragraph or
58:11-53, including any
correspondence relating thereto, shall be available to the public. However,
upon a showing satisfactory to the local agency by any person that the making
public of any record, report, or information, or a part thereof, other than
effluent data, would divulge methods or processes entitled to protection as
trade secrets, the local agency shall consider such record, report, or
information, or part thereof, to be confidential and access thereto shall be
limited to authorized officers or employees of the Department, local agency,
and the Federal government.
(c) All delegated local agencies (DLAs) shall
comply with the following IPP requirements:
1. All DLAs shall notify indirect users of
the responsibilities required in the DLA's rules and regulations or sewer use
ordinance as soon as possible but no later than 30 days from the determination
that such indirect users are subject to regulation under the IPP. This notice
shall not preclude the DLA from taking any enforcement action against an
indirect user;
2. All DLAs shall
issue an IPP permit to indirect users, as required by the DLA's NJPDES
permit;
3. All DLAs shall perform
compliance monitoring and inspections of indirect users, as required by the
DLA's NJPDES permit;
4. All DLAs
shall review and respond to violations of an IPP permit or the sewer use
ordinance/rules and regulations, within 60 days of receipt of the compliance
information generated by indirect users or the DLA;
5. All DLAs shall take enforcement actions
based upon indirect users' noncompliance in accordance with the approved
Enforcement Response Plan (ERP). In the absence of an approved ERP, the
enforcement action shall be taken in accordance with the IPP as
approved;
6. All DLAs shall develop
and maintain a data management system which includes an indirect user
inventory, characterization of the nature of indirect user discharges,
compliance status, permit status, and enforcement actions. The DLA shall retain
for a minimum of five years records of its monitoring activities and results
(whether or not such activities are required by the DLA's NJPDES permit) and
shall make such records available to EPA and the Department upon
request;
7. All DLAs shall sample
their treatment works and sludges as specified below:
i. Perform, at least once per year, an
analysis for those priority pollutants listed in N.J.A.C. 7:14A-4, Appendix A,
Tables II and III, and molybdenum (Mo), ammonia (NH[LESS THAN]3[GREATER THAN]),
and phosphorus (P), of the discharge from, and inflow to, the municipal
treatment works;
(1) The requirement to
monitor for the pollutants molybdenum (Mo), ammonia (NH[LESS THAN]3[GREATER
THAN]), and phosphorus (P), at (c)7i above takes effect January 5, 2010;
and
ii. Perform, at
least once per year, a priority pollutant scan on the sludge produced at the
municipal treatment works. This analysis must be completed on those parameters
listed in the Sludge Quality Assurance Regulations, N.J.A.C. 7:14C. The sludge
samples shall be collected to coincide with the influent and effluent
monitoring for priority pollutants required in (c)7i above;
8. All DLAs shall comply with the
public participation and notification requirements in
7:14A-19.10;
9. All DLAs shall notify their significant
indirect users (SIUs) in writing, in accordance with
40
CFR 403.8(f)(2)(iii), of the
SIUs' obligation to comply with applicable requirements under Subtitles C and D
of the Resource Conservation and Recovery Act (RCRA);
10. All DLAs shall secure and maintain
sufficient resources and qualified personnel, in accordance with
40
CFR 403.8(f)(3), to carry
out the program implementation procedures described in this
subchapter;
11. All DLAs shall
submit annual reports required by
7:14A-19.6(c), (f) and
(h); and
12. Of the penalty amount collected through
the issuance of a summons pursuant to
58:10A-10.4, 10 percent shall be
paid to the municipality or municipalities in which the municipal court retains
jurisdiction for use for court purposes, with the remainder to be retained by
the DLA.
(d) Each local
agency shall identify, within its sewer use ordinance or rules and regulations,
violations of the requirements of the ordinance or rules and regulations based
on the State Act that are minor or non-minor in accordance with the criteria of
the Grace Period Law,
13:1D-129(b). A
time period for correction of minor violations and to achieve compliance shall
be established in accordance with
13:1D-127.
(e) All delegated local agencies shall
include within their local sewer use ordinance or rules and regulations, their
authority to:
1. Grant sampling waivers to
categorical indirect users, consistent with
40 CFR
403.12(e)(2);
2. Develop and utilize best management
practices in lieu of numeric local limits, consistent with
40 CFR
403.5(c)(4) and
403.8(f)(1)(B)(3);
3. Use equivalent concentration limits,
consistent with
40 CFR
403.6(c)(6);
4. Use equivalent mass limits, consistent
with
40 CFR
403.6(c)(5); and
5. Define and classify non-significant
categorical indirect users including the criteria, reporting, and oversight
conditions consistent with
40
CFR 403.3(v),
403.8(f)(2)(v)(B),
and
403.12(q),
respectively.
(f) Each
delegated local agency shall, no later than July 4, 2009, submit to the
Department for review the delegated local agency's draft local sewer use
ordinance or rules and regulations that include the provisions specified in (e)
above.
Notes
See: 29 N.J.R. 3822(a).
Amended N.J.A.C. references.
Amended by R.1999 d.164, effective
See: 31 N.J.R. 200(a), 31 N.J.R. 1320(a).
In (c)7ii, changed N.J.A.C. reference.
Amended by R.2007 d.234, effective
See: 38 N.J.R. 2919(a), 39 N.J.R. 3298(a).
In (c)11, updated the N.J.A.C. reference; and added (d).
Amended by R.2009 d.7, effective
See: 40 N.J.R. 1478(a), 41 N.J.R. 142(a).
In (b)1, inserted ", pursuant to their permit or upon written request from the Department of whenever the local sever use ordinance or rules and regulations are modified,"; in (b)2ii, substituted "on forms provided by the Department, that" for the first occurrence of "which", substituted "that" for the second occurrence of "which" and inserted ", and a statement whether the local agency accepts hauled wastes and, if so, the types of waste"; in (c)7i, inserted "and molybdenum (Mo), ammonia (NH<3>), and phosphorus (P)," and deleted "and" from the end; and added (c)7i(1), (e) and (f).
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