N.J. Admin. Code § 7:14A-21.3 - Additional requirements for all significant indirect users

(a) Within 60 days after the effective date of a pretreatment standard for a subcategory under which an indirect user may be included, the indirect user may request that the control authority provide written determination on whether the indirect user falls within that particular subcategory. If an existing indirect user adds or changes a process or operation which may be included in a subcategory, the existing indirect user shall request this determination prior to commencing discharge from the added or changed process or operation. A new source shall request this determination prior to commencing discharge. Each request shall include:

1. A description of which subcategories might be applicable;

2. Evidence and reasons why a particular subcategory is applicable and why others are not applicable; and

3. The following certification over the signature of the person submitting the request:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

(b) Within 180 days after the effective date of a categorical pretreatment standard or 180 days after the final decision by the control authority on the categorical determination request submitted under (a) above, whichever is later, each existing indirect user subject to a categorical pretreatment standard and currently discharging or scheduled to discharge to a local agency shall submit to the control authority a baseline report. The baseline report shall contain the information specified in (b)1 through 7 below. New sources and sources that became users subsequent to the promulgation of an applicable categorical standard shall submit the information specified in (b)1 through 5 below.

1. Identifying information, specifically the name and address of the facility and including the name of the operator and owners;

2. A list of any environmental control permits held by or for the facility;

3. A brief description of the nature, average rate of production, and Standard Industrial Classification of the operation(s) carried out by such indirect user. This description shall include a schematic process diagram which indicates points of discharge to the local agency from the regulated processes;

4. Information showing the measured average daily and maximum daily flow, in gallons per day, to the local agency's treatment works from each of the following:

i. Regulated process streams; and

ii. Other streams as necessary to allow use of the combined wastestream formula of 7:14A-21.4(h). The control authority may accept verifiable estimates of these flows instead of measured flows where justified by cost or feasibility considerations;

5. Pollutant levels measured as follows:

i. The indirect user shall identify the pretreatment standards applicable to each regulated process;

ii. The indirect user shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the standard or control authority) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations. In cases where the standard requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the control authority or the applicable categorical standards to determine compliance with the standard;

iii. The indirect user shall take a minimum of one representative sample to compile data necessary to comply with the requirements of this paragraph;

iv. Samples shall be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the indirect user shall measure the flows and concentrations necessary to allow use of the combined wastestream formula of 7:14A-21.4(h) in order to evaluate compliance with the pretreatment standards. Where an alternative concentration or mass limit has been calculated in accordance with 7:14A-21.4 this adjusted limit along with supporting data shall be submitted to the control authority;

v. Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Department determines that the 40 CFR Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the local agency or other parties, approved by the Department;

vi. The control authority may allow the submission of a baseline report which utilizes only historical data so long as the data are sufficient to determine the need for industrial pretreatment measures; and

vii. The baseline report shall indicate the time, date and place, of sampling, and methods of analysis, and shall contain a certification from an authorized representative that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the local agency's treatment works;

6. A statement, reviewed by an authorized representative of the indirect user and certified to by a qualified professional, as to whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance and/or additional pretreatment is required for the indirect user to meet the pretreatment standards and requirements; and

7. If additional pretreatment and/or operation and maintenance shall be required to meet the pretreatment standards, the shortest compliance schedule under which the indirect user shall provide such additional pretreatment and/or operation and maintenance shall be submitted. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.

i. Where the indirect user's categorical pretreatment standard has been modified by the combined wastestream formula pursuant to 7:14A-21.4(h) and/or a fundamentally different factors variance pursuant to 7:14A-21.5 at the time the indirect user submits the baseline report required under this subsection, the information required under (b)6 above and this paragraph shall pertain to the modified limits;

ii. If the categorical pretreatment standard is modified by the combined wastestream formula pursuant to 7:14A-21.4(h) and/or a fundamentally different factors variance pursuant to 7:14A-21.5 after the indirect user submits the baseline report required under this subsection, any necessary amendments to the information required under (b)6 above and this paragraph shall be submitted by the indirect user to the control authority within 60 days after the modified limit is approved.

(c) Existing sources shall comply with categorical pretreatment standards within three years of the date the standard is effective unless a sooner compliance deadline is specified in the applicable subpart of 40 CFR chapter I, subchapter N. Existing sources which become indirect users subsequent to promulgation of an applicable categorical pretreatment standard shall be considered existing indirect users except where such sources meet the definition of a "new source" under 7:14A-1.2. New sources shall install and have in operating condition, and shall "start-up" all pollution control equipment required to meet applicable pretreatment standards, before beginning to discharge. Within the shortest feasible time, not to exceed 90 days from commencement of discharge, new sources shall meet all applicable pretreatment standards.

(d) As conditions to any compliance schedule for meeting categorical pretreatment standards pursuant to (b)7 above, the indirect user shall:

1. Incorporate in the compliance schedule increments of progress described as dates for the commencement and completion of milestones in the construction and operation of additional pretreatment as required for the indirect user to meet the applicable categorical pretreatment standards (for example, hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction). No such increment shall exceed nine months; and

2. Not later than 14 days following each date in the compliance schedule and the final date for compliance, submit a progress report to the control authority including, at a minimum, whether or not the indirect user met the increment of progress on such date and, if not, the anticipated date of compliance with such increment of progress, the reason for delay, and the steps being taken by the indirect user to resume the construction schedule established. In no event shall more than nine months elapse between such progress reports to the control authority.

(e) Within 90 days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, within 90 days following commencement of the introduction of wastewater into the local agency's treatment works, any indirect user subject to pretreatment standards and requirements shall submit to the control authority a report containing the information described in (b)4 through 6 above. For indirect users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures in N.J.A.C. 7:14A-21.4, this report shall contain a reasonable measure of the indirect user's long term production rate. For all other indirect users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the indirect user's actual production during the appropriate sampling period.

(f) Periodic reports on continued compliance shall be submitted as follows:

1. Any indirect user subject to a categorical pretreatment standard (except a non-significant categorical indirect user as defined at 7:14A-1.2 ), after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the local agency, shall submit to the control authority during the months of June and December, unless required more frequently in the pretreatment standard or by the control authority, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical pretreatment standards. This report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge reported in (b)4 above except that the control authority may require more detailed reporting of flows. In cases where the pretreatment standard requires compliance with a best management practice (or pollution prevention alternative), the user shall submit documentation required by the control authority or the pretreatment standard necessary to determine the compliance status of the user. At the discretion of the control authority and in consideration of such factors as local high or low flow rates, holidays, and budget cycles, the control authority may approve the designation of months other than June and December during which the above reports are to be submitted.

2. An indirect user subject to a categorical pretreatment standard may be authorized by a control authority to forgo sampling of a pollutant regulated by a categorical pretreatment standard if the indirect user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the indirect user. This authorization is subject to the following conditions:

i. A monitoring waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility, provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.

ii. The monitoring waiver shall be valid only for the duration of the effective period of the permit or other equivalent individual control mechanism, but in no case longer than five years. The user shall submit a new request for the monitoring waiver before the waiver can be granted for each subsequent control mechanism.

iii. In making a demonstration that a pollutant is not present, the indirect user shall provide data from at least one sampling of the facility's process wastewater prior to any treatment provided at the facility that is representative of all wastewater from all processes. The request for a monitoring waiver shall be signed in accordance with 7:14A-4.9(a), and include the certification statement at (a)3 above. Non-detectable sample results may be used as a demonstration that a pollutant is not present only if the USEPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

iv. The monitoring waiver approved shall be included as a condition in the user's control mechanism. The reasons supporting the monitoring waiver and any information submitted by the user in its request for the waiver shall be maintained by the control authority for five years after expiration of the waiver.

v. Upon approval of the monitoring waiver and revision of the user's control mechanism by the control authority, the indirect user shall certify each report, using the statement below, that there has been no increase in the pollutant in its wastestream due to activities of the indirect user:

"Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR (specify applicable National Pretreatment Standard part(s)), I certify that, to the best of my knowledge and belief, there has been no increase in the level of (list pollutant(s)) in the wastewaters due to the activities at the facility since filing of the last periodic report under 7:14A-21.3(f)1."

vi. In the event that a pollutant for which the monitoring waiver has been granted is found to be present or is expected to be present based on changes that occur in the user's operations, the user shall immediately notify the control authority and comply with the monitoring requirements of (f)1 above or other more frequent monitoring requirements imposed by the control authority.

vii. The provisions of (f)2 above do not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.

3. Where the control authority has imposed mass limitations on indirect users as provided for by 7:14A-21.4(h), the report required under (f)1 above shall indicate the mass of pollutants regulated by pretreatment standards in the discharge from the indirect user.

4. For indirect users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures in 7:14A-21.4(a), the report required under (f)1 above shall contain a reasonable measure of the indirect user's long term production rate. For all other indirect users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report required under (f)1 above shall include the indirect user's actual average production rate for the reporting period.

(g) Monitoring and analysis to demonstrate continued compliance shall be conducted as follows:

1. Except in the case of non-significant categorical indirect users, the reports required under (b), (e) and (f) above and (h) below shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the control authority, of pollutants contained therein which are limited by the applicable pretreatment standards. This sampling and analysis may be performed by the control authority in lieu of the indirect user. Where the control authority performs the required sampling and analysis in lieu of the indirect user, the indirect user will not be required to submit the compliance certification required under (b)6 and (e) above. In addition, where the control authority itself collects all the information required for the report, including flow data, the indirect user will not be required to submit the report required under (b), (e) and (f) above and (h) below.

2. If sampling performed by an indirect user indicates a violation of pretreatment standards, the indirect user shall notify the control authority within 24 hours of becoming aware of the violation. The indirect user shall repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within 30 days after becoming aware of the violation. Where the control authority has performed the sampling and analysis in lieu of the indirect user, the control authority shall perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat analysis. Resampling is not required if:

i. The control authority conducts sampling of the indirect user's discharge at a frequency of at least once per month; or

ii. The control authority conducts sampling of the indirect user's discharge between the time when the initial sampling was conducted and the time when the indirect user or the control authority receives the results of this sampling.

3. The reports required under (b), (e), and (f) above and (h) below shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the reporting period. The control authority shall require monitoring at a frequency necessary to assess and ensure compliance by indirect users with applicable pretreatment standards and requirements. Sampling shall be as follows:

i. Grab samples shall be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds.

ii. For all pollutants not in (g)3i above, 24-hour composite samples shall be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the control authority.

iii. Where time-proportional composite sampling or grab sampling is authorized by the control authority, the samples shall be representative of the discharge and the decision to allow the alternative sampling shall be documented in the indirect user file for that facility or facilities.

iv. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate USEPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows:

(1) For cyanide, total phenols, and sulfides, the samples may be composited in the laboratory or in the field.

(2) For volatile organics and oil and grease, the samples may be composited in the laboratory.

(3) Composite samples for other parameters unaffected by the compositing procedures as documented in approved USEPA methodologies may be authorized by the control authority, as appropriate.

4. For sampling required in support of baseline monitoring and 90-day compliance reports required in (b) and (e) above, a minimum of four grab samples shall be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the control authority may authorize a lower minimum where historical data is representative of the current discharge and demonstrates compliance. For the reports required by (f) above and (h) below, the number of grab samples necessary to assess and ensure compliance with applicable pretreatment standards and requirements shall be determined by the control authority.

5. All analyses shall be performed in accordance with procedures contained in 40 CFR Part 136, as amended, or with any other test procedures approved by the Department. Sampling shall be performed in accordance with the techniques approved by the Department. Where 40 CFR Part 136 does not include sampling or analytical techniques for the pollutants in question, or where the Department determines that the 40 CFR Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the control authority, local agency or the indirect user, approved by the Department.

6. If an indirect user subject to the reporting requirement in (f) above and (h) below monitors any regulated pollutant at the appropriate sampling location more frequently than required by the control authority, using the procedures prescribed in (g)5 above, the results of this monitoring shall be included in the report.

(h) Significant indirect users as defined in 7:14A-1.2 shall submit to the control authority at least once each month (on dates specified by the control authority) a description of the nature, concentration, and flow of the pollutants required by the control authority to be reported. These reports shall be based on sampling and analysis performed in the period covered by the report, and in accordance with the techniques described in 40 CFR Part 136, as amended. This sampling and analysis may be performed by the control authority in lieu of the significant indirect user. In cases where a local limit requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation required by the control authority to determine the compliance status of the user.

(i) Requirements for notification regarding hazardous waste are as follows:

1. The indirect user shall notify the local agency, the USEPA Regional Waste Management Division Director, and the Department's Division of Solid and Hazardous Waste in writing of any discharge into the local agency's treatment works of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification shall include the name of the hazardous waste as set forth in 40 CFR Part 261, the USEPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the indirect user discharges more than 100 kilograms of such waste per calendar month to the local agency's treatment works, the notification shall also contain the following information to the extent such information is known and readily available to the indirect user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. Indirect users who commence discharging after the effective date of this chapter shall provide the notification no later than 180 days after the discharge of the listed or characteristic hazardous waste. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notification of changed discharges must be submitted under (j) below. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of (b), (e) and (f) above.

2. Dischargers are exempt from the requirements of (i)1 above during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Additional notification is not required in subsequent months during which the indirect user discharges more than such quantities of any hazardous waste.

3. In the case of any new promulgated regulation under section 3001 of RCRA or the State's Solid Waste Management Act identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the indirect user shall notify the local agency, the USEPA Regional Waste Management Waste Division Director, and the Division of Solid and Hazardous Waste of the discharge of such substance within 90 days of the effective date of such regulation.

4. In the case of any notification made under this subsection, the indirect user shall certify that it has a program in place to reduce the volume and toxicity of hazardous waste generated to the degree it has determined to be economically practical.

(j) All indirect users shall promptly notify the control authority (and the local agency if the local agency is not the control authority) in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the indirect user has submitted initial notification pursuant to (i) above.

(k) A facility determined to be an NSCIU pursuant to 7:14A-21.9(g) shall annually submit an NSCIU report that includes:

1. The following certification statement:

"Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR ____, I certify that, to the best of my knowledge and belief that during the period from (month, day, year) to (month, day, year): (a) The facility described as (facility name) met the definition of a non-significant categorical indirect user as described in 7:14A-21.9(g); (b) the facility complied with all applicable pretreatment standards and requirements during this reporting period; and (c) the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based upon the following information: (user shall list supporting information).";

2. Information necessary to support the certification statement; and

3. A signature in accordance with 7:14A-4.9(a).

Notes

N.J. Admin. Code § 7:14A-21.3

Amended by R.2009 d.7, effective 1/5/2009.
See: 40 N.J.R. 1478(a), 41 N.J.R. 142(a).
In (b)4ii, (b)7i, (b)7ii and (e), updated the N.J.A.C. references; rewrote (b)5, (f) through (h), and (j); and added (k).