N.J. Admin. Code § 7:14A-19.9 - Modifications of an industrial pretreatment program

(a) All delegated local agencies shall provide written notice to the Department regarding all substantial and non-substantial IPP modifications, as defined under 40 CFR 403.18.

(b) For non-substantial modifications, the delegated local agencies shall include a statement of the basis for the modification, and a copy of the elements of the IPP to be modified.

(c) For substantial modifications, the delegated local agency shall submit:

1. A statement of basis for the proposed modifications;

2. A statement of legal authority in accordance with 40 CFR 403.9(b)(1);

3. Documentation which will allow the Department to identify those parts of the sewer use ordinance or rules and regulations, NJPDES permit, and/or the original program submission, or amendments thereto, which are being modified; and

4. Any other documentation the Department requests during the review of the proposed modifications.

(d) While awaiting a decision from the Department on a request for a substantial modification the delegated local agency shall:

1. Adopt the proposed modifications with the written condition that the modifications shall not become effective and shall not be implemented until the Department has given written approval of the modifications; or

2. Await Departmental approval prior to adopting the modifications.

(e) The Department shall approve or disapprove any proposed modification(s) based on the requirements of 40 CFR 403.8(f), following the procedures in 40 CFR 403.11(b) through (f).

(f) For industrial pretreatment program modifications, all delegated local agencies shall comply with the public notice and hearing requirement of 7:14A-19.10(a).

(g) All approved modifications to an IPP shall be incorporated, where applicable, into the delegated local agency's NJPDES permit as a minor modification in accordance with 7:14A-16.5.

Notes

N.J. Admin. Code § 7:14A-19.9