N.J. Admin. Code § 7:14A-20.5 - Establishing limitations, standards and other permit conditions

(a) The Department shall establish conditions in each NJPDES permit for the use or disposal of residual, as required on a case-by-case basis, to provide for and ensure compliance with all applicable requirements of the Federal and State Acts and the regulations promulgated thereunder, as follows:

1. The Department shall include standards for residual use or disposal in each NJPDES permit unless those standards have been included in a permit issued under the appropriate provisions of the New Jersey Solid Waste Management Act, 13:1E-1 et seq., or the New Jersey Air Pollution Control Act, 26:2C-1 et seq. If any applicable standard for residual use or disposal is promulgated and that standard is more stringent than any limitation on the pollutant or practice in the permit, the Department may initiate proceedings under 7:14A-16.4 to modify or revoke and reissue the permit to conform to the standard for residual use or disposal.

2. For any permit issued to a treatment works treating domestic sewage or residual-only facility, the Department shall include a reopener clause to allow the incorporation of any applicable standard for residual use or disposal. The Department shall promptly modify or revoke and reissue any permit containing the reopener clause required by this paragraph if an applicable standard for residual use or disposal is more stringent than any requirements for residual use or disposal in the permit, or controls a pollutant or practice not limited in the permit.

3. On a case-by-case basis, the Department may impose requirements for the use or disposal of residual in addition to or more stringent than the requirements in the subchapter when necessary to protect public health or the environment from any adverse effect of the pollutant in the residual. This authority shall include, but not be limited to, the following:

i. The authority to require compliance with pollutant limits for additional constituents which the Department has evidence exceed the range found in sewage sludge produced in the State as determined by the Sludge Quality Assurance Regulations, N.J.A.C. 7:14C, or which exceed acceptable levels in USEPA's Technical Support Document for Land Application of Sewage Sludge, EPA 822/R-93-001a and 001b, November 1992 or Technical Support Document for Surface Disposal of Sewage Sludge, EPA 822/R-93-002, November 1992, as amended and supplemented;

ii. For bulk exceptional quality residual, the authority to require compliance with any or all of the general requirements in 7:14A-20.7(b)1 and the management practices in 7:14A-20.7(b)2 upon the Department's determination that the general requirements or management practices are needed to protect public health and the environment, to prevent the loss of excess nutrients to the waters of the State, or to address the release of air contaminants consistent with the Air Pollution Control Act, 26:2C-1 et seq.;

iii. For all residual applied in accordance with 7:14A-20.7(h), the authority to establish additional steps in the treatment, delivery, storage, and land application of residual to control the release of air contaminants (including, but not limited to, ammonia) consistent with the Air Pollution Control Act, 26:2C-1 et seq. These additional steps shall include, but not be limited to, the requirement to increase the maturity of marketable residual products by achieving additional temperature reduction and moisture reduction; and

iv. For sites where bulk residual is applied under N.J.A.C. 7:14A-20.7(h), the authority to require a permit or a Letter of Land Application Management Approval to be obtained upon the Department's determination that a permit or Letter of Land Application Management Approval is needed to protect public health and the environment, to prevent the discharge of excess nutrients to the waters of the State, or to address the release of air contaminants consistent with the Air Pollution Control Act, 26:2C-1 et seq.

(b) The Department shall set forth the basis for permit conditions imposed under (a) above in a fact sheet issued pursuant to 7:14A-15.8, or, if the requirements are based on site-specific factors, a Letter of Land Application Management Approval issued pursuant to 7:14A-20.7(h) for the residual land application site.

(c) Innovative or alternative technologies and systems for residual use or disposal shall be regulated on a case-by-case basis in conformance with the requirements for the technology which most closely resembles the innovative or alternative technology system.

(d) The Department may designate any person subject to the standards for residual use or disposal as a "treatment works treating domestic sewage" or "residual-only facility" as defined by 7:14A-1.2, where it is found that a permit is necessary to protect public health and the environment from the adverse effects of a residual or to ensure compliance with the technical standards for residual use or disposal. Any person designated as a "treatment works treating domestic sewage" or "residual-only facility" shall submit an application for a permit under N.J.A.C. 7:14A-4 within 180 days of being notified by the Department that a permit is required. The basis for the Department's decision to designate a person as a "treatment works treating domestic sewage" or "residual-only facility" under this paragraph shall be stated in the fact sheet or statement of basis for the permit.

Notes

N.J. Admin. Code § 7:14A-20.5

Amended by R.1999 d.164, effective 5/17/1999.
See: 31 N.J.R. 200(a), 31 N.J.R. 1320(a).
In (a)3i, changed N.J.A.C. reference.
Amended by R.2009 d.7, effective 1/5/2009.
See: 40 N.J.R. 1478(a), 41 N.J.R. 142(a).
Rewrote (a)3ii and (a)3iv; in (a)3iii, inserted "all" and ", delivery, storage, and land application" and substituted "These" for "This" and "steps" for "step"; in (a)3iv, inserted ", to prevent the discharge of excess nutrients to the waters of the State, or to address the release of air contaminants consistent with the Air Pollution Control Act, N.J.S.A. 26:2C-1 et seq."; and in (b), updated the first N.J.A.C. reference.