N.J. Admin. Code § 7:14A-19.7 - Development of local limits by local agencies

(a) Except as provided in (b) and (c) below, all local agencies shall perform a headworks analysis in order to develop local limits or demonstrate that local limits are not necessary. The headworks analysis and, if necessary, development of local limits shall:

1. Be conducted in accordance with the Local Limits Development Guidance (July 2004, USEPA, Office of Wastewater Management), incorporated by reference, including all supplements and amendments thereto; and

2. Ensure compliance with the following minimum environmental protection criteria:

i. The numerical effluent limitations in the local agency's NJPDES permit;

ii. The local agency's process inhibition and upset criteria;

iii. The local agency's worker health and safety protection criteria;

iv. The sludge quality criteria for a chosen method(s) of sludge management; and

v. The limitations in the local agency's Air Pollution Control permit, where applicable.

(b) In lieu of conducting a complete headworks analysis, a local agency that operates a treatment works, where the treatment works receives only domestic pollutants and the NJDPES discharge permit for the treatment works does not include a water quality based effluent limit for a heavy metal, shall sample the treatment works as follows:

1. Analyze the treatment works influent and effluent at least once per permit term for those 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); and

2. Perform, at least once per permit term, a pollutant scan on the sludge produced at the treatment works. This analysis shall be completed on those parameters found in Appendix A, Tables I through VI in the Sludge Quality Assurance Regulations, N.J.A.C. 7:14C, and any additional pollutants regulated under the local agency's chosen sludge management method. The sludge samples shall be collected to coincide with the influent and effluent monitoring required in (b)1 above.

(c) A school or correctional facility, that operates a treatment works, is exempt from conducting a headworks analysis pursuant to (a) above, provided:

1. The treatment works receives only domestic pollutants;

2. The treatment works receives only wastewater generated by the operator; and

3. The NJPDES permit for the treatment works does not include a water quality based effluent limit for a heavy metal.

(d) Prior to initiation of any headworks analysis and development of local limits under (a) above, all delegated local agencies shall submit a work plan to the Department, for review and approval with conditions if necessary, which outlines the tasks and time frames in the development of a headworks analysis and local limits. At a minimum, this plan shall include the parameters to be sampled, the sampling locations within the treatment plant and the collection system, and a schematic diagram of the treatment plant showing sampling locations.

(e) When proposing and adopting local limits, all delegated local agencies shall comply with the public notice and hearing requirements of 7:14A-19.10(a).

(f) All delegated local agencies shall submit a written technical evaluation of the need to revise local limits whenever:

1. There are any changes in the applicable sludge quality criteria or effluent limitations, or there is a significant change in the nature of indirect user contributions to the local agency's influent; or

2. The local agency's NJPDES permit has been renewed. This written technical evaluation shall be submitted to the Department within six months after the effective date of the renewed permit.

(g) The written technical evaluation required to be submitted by delegated local agencies under (f) above shall include the following:

1. A listing of all existing local limits and the limiting factor by which each local limit was established;

2. The date that the existing local limits were established;

3. A description of any changes in Federal or State regulations, environmental protection criteria, plant design, operational criteria, or any significant change in the nature of industrial contributions which may require the reevaluation of local limits through the completion of a headworks analysis;

4. A description of the local agency's compliance history over the previous five years, with respect to compliance with effluent limitations, sludge quality, plant inhibition or upset, and worker health and safety;

5. A listing of all parameters for which limits are established in the local agency's renewed NJPDES permit; and

6. A statement from the local agency as to whether or not local limits need to be revised based on the information gathered under (g)1 through 5 above.

(h) The Department shall review the written technical evaluation submitted by a delegated local agency under (f) above and, if necessary, require the delegated local agency to revise the local limits in accordance with (a) above.

Notes

N.J. Admin. Code § 7:14A-19.7

Amended by R.2009 d.7, effective 1/5/2009.
See: 40 N.J.R. 1478(a), 41 N.J.R. 142(a).
In the introductory paragraph of (a), substituted "Except as provided in (b) and (c) below, all" for "All"; rewrote (a)1; added new (b) and (c); recodified former (b) through (f) as (d) through (h); in (f)2, substituted "has been renewed" for "renewal application is due" and inserted the last sentence; in the introductory paragraph of (g), inserted "to be submitted by delegated local agencies" and substituted "(f)" for "(d)"; in (g)4, deleted "and" from the end; added new (g)5, recodified former (g)5 as (g)6; in (g)6, substituted "(g)1" for "(e)1" and "5" for "4"; and in (h), inserted "by a delegated local agency", substituted "(f)" for "(d)" and inserted "delegated" following "require the".