N.J. Admin. Code § 7:14A-4.4 - Additional application requirements for discharges to surface water
(a) An applicant
for an individual NJPDES permit for a process wastewater discharge is required
to provide with the application a reasonable estimate or measure of the
applicant's actual maximum and average actual production. For new sources or
new discharges or activities, the applicant shall provide estimates expressed
in terms of production (or other measure of operation). The reported estimate
or measure of production must reflect the actual production of the facility as
required in
7:14A-13.13(a)1
ii. If production is likely to vary, alternative estimates may be submitted in
consultation with the Department. Production estimates shall be made in
accordance with the following (except as specified in
7:14A-24.7, 25.9 and 25.10 for
stormwater discharges):
1. An effluent
guideline promulgated under Section 304 of the Federal Act, reported in the
units used in the applicable effluent guideline;
2. A new source performance standard
promulgated under Section 306 of the Federal Act, reported in the units used in
the applicable new source performance standard; or
3. A toxic and pretreatment standard
promulgated under Section 307 of the Federal Act reported in the units used in
the standard.
(b) All
applicants for an individual NJPDES permit shall provide as part of their
application, information on the discharge of pollutants in accordance with this
subsection (except information on stormwater discharges, which is to be
provided as specified in
7:14A-24.7, 24.8, 25.9 and 25.10).
1. Where the Department has determined two or
more outfalls to have substantially identical effluents, the Department will
allow the applicant to report that the quantitative data from testing one
outfall also applies to the other substantially identical outfall or
outfalls.
2. When quantitative data
for a pollutant are required, the applicant shall collect a sample of effluent
and analyze it for the pollutant in accordance with analytical methods approved
under 40 C.F.R. Part 136 or N.J.A.C. 7:18.
i.
When no approved analytical method is available, the applicant may propose to
use a suitable method. The applicant shall provide a description of the
proposed methodology to the Department for approval for the specific pollutant
prior to initiation of sampling;
ii. Grab samples shall be used for pH,
temperature, cyanide, total phenols, residual chlorine, chlorine produced
oxidants, oil and grease, petroleum hydrocarbons, all volatile organics,
bacterial indicators, and flash point. For all other pollutants, 24-hour
composite samples must be used. However, a minimum of one grab sample may be
taken for effluents from holding ponds or other impoundments with a retention
period greater than 24 hours. The Department will waive composite sampling for
any outfall for which the applicant demonstrates that the use of an automatic
sampler is infeasible and that a specific minimum number of samples will be a
representative sample of the effluent being discharged; and
iii. Where no certification program in
accordance with N.J.A.C. 7:18 is available for a specific parameter, the
permittee shall utilize a laboratory certified for a similar parameter or
analytical procedure.
3.
An effluent characterization shall be submitted as follows:
i. Every applicant for an individual NJPDES
permit shall report quantitative data that contains daily maximum and monthly
average values, for every outfall, for the following pollutants:
(1) Biochemical oxygen demand (BOD[LESS
THAN]5[GREATER THAN]);
(2) Chemical
oxygen demand;
(3) Total organic
carbon;
(4) Total suspended
solids;
(5) Ammonia (as
N);
(6) Temperature (both winter
and summer);
(7) pH; and
(8) Dissolved oxygen.
ii. Every applicant for an individual NJPDES
permit shall collect and submit the quantitative data for the analyses listed
in (b)3ii(1) and (2) below for every outfall, unless the Department determines
that the submission is not necessary to evaluate the effluent characteristics.
(1) Results from a minimum of at least once
acute and one chronic whole effluent toxicity test performed on the same
sample; and
(2) Results from a
minimum of at least one analysis of the pollutants listed in Table II and Table
III of N.J.A.C. 7:14A-4 Appendix A, except for applicants with processes in one
or more primary industrial category that are required to obtain quantitative
data under (b) below.
iii. The Department will waive the reporting
requirements for discharges of a particular industrial category for one or more
of the pollutants in (i) above if the applicant demonstrates that such a waiver
is appropriate because adequate information to support issuance of a permit can
be obtained with less stringent or different requirements.
iv. The quantitative data, regardless of when
collected, shall remain representative of current operations and include
maximum daily value, average daily value, and the number of measurements
taken.
v. For new sources or new
discharges, when the applicant is unable to provide sampling data, the
applicant must include estimates for the new sources or new discharges of
pollutants or parameters listed in (b)3i above with the addition of bacterial
indicators (if believed present or if sanitary waste is or will be discharged),
chlorine produced oxidants (if chlorine is used in the treatment process), oil
and grease, and flow, along with the source of each estimate.
vi. For all sampling data required under this
section, all levels must be reported or estimated as concentration and as total
mass, except for flow, pH, acute and chronic whole effluent toxicity, and
temperature. The applicant must complete and submit the influent and effluent
characteristics by providing quantitative data using NJPDES Form C. For POTWs
(and DTWs), the applicant shall complete and submit the influent and effluent
characteristics required under this section using NJPDES Form A.
4. Each applicant with processes
in one or more primary industrial category contributing to a discharge shall
report quantitative data for the following pollutants in each outfall
containing process wastewater:
i. The organic
toxic pollutants in the fractions designated in Table I of Appendix A (i.e.
volatile, acid, base/neutral, or pesticide) for the applicant's industrial
category or categories unless the applicant qualifies as a small business under
7:14A-4.3(c).
Table II of N.J.A.C. 7:14A-4 Appendix A lists the organic toxic pollutants in
each fraction. The fractions result from the sample preparation required by the
analytical procedure which uses gas chromatography/mass spectrometry. A
determination that an applicant falls within a particular industrial category
for the purposes of selecting fractions for testing is not conclusive as to the
applicant's inclusion in that category for any other purposes; and
ii. The pollutants listed in Table III of
Appendix A (the toxic metals, cyanide, and total phenols).
5. The applicant shall report the presence of
pollutants that it knows or has reason to believe are present as follows:
i. An applicant shall indicate whether it
knows or has reason to believe that any of the pollutants in Table IV of
Appendix A (certain conventional and nonconventional pollutants) is discharged
from each outfall. If an applicable effluent limitations guideline either
directly limits the pollutant or, by its express terms, indirectly limits the
pollutant through limitations on an indicator, the applicant shall report
quantitative data. For every pollutant discharged which is not so limited in an
effluent limitations guideline, the applicant shall either report quantitative
data or briefly describe the reasons the pollutant is expected to be
discharged;
ii. An applicant shall
indicate whether it knows or has reason to believe that any of the pollutants
listed in Table II or Table III of Appendix A (the toxic pollutants and total
phenols) for which quantitative data are not otherwise required under (b)3
above, is discharged from each outfall. For every pollutant expected to be
discharged in a concentration of 10 [LESS THAN] micro g/L or greater the
applicant shall report quantitative data. Each applicant shall report daily
maximum, daily average, and the source of information for each pollutant it
knows or has reason to believe to be present or if the application is limited
by an effluent limitations guideline or new source performance standard either
directly or indirectly through limitations or an indicator pollutant: all
pollutants in Table IV of Appendix A (certain conventional and nonconventional
pollutants). For acrolein, acrylonitrile, 2,4-dinitrophenol, and
4,6-dinitro-o-cresol (2-methyl-4,6 dinitrophenol), where any of these
pollutants are expected to be discharged in concentrations of 100 [LESS THAN]
micro g/L or greater, the applicant shall either submit quantitative data or
briefly describe the reasons the pollutants are expected to be discharged. An
applicant qualifying as a small business under
7:14A-4.3(c) is
not required to analyze for pollutants listed in Table II of Appendix A (the
organic toxic pollutants); and
iii.
For new discharges, each applicant must report estimated daily maximum, daily
average and source of information for the following pollutants if it knows or
has reason to believe that they will be present in the discharge from any
outfall:
(1) The pollutants listed in Table
III of Appendix A (the toxic metals, total cyanide, and total phenols);
and
(2) The organic toxic
pollutants in Table II of Appendix A (except bis (2-chloromethyl) ether,
dichlorfluoromethane and trichlorofluoromethane). This requirement is waived
for applicants who qualify as small businesses under
7:14A-4.3(c).
6. An applicant shall
indicate whether it knows or has reason to believe that any of the pollutants
in Table V of Appendix A (certain hazardous substances and asbestos) are
discharged from each outfall. For every pollutant expected to be discharged,
the applicant shall briefly describe the reasons the pollutant is expected to
be discharged, and report any quantitative data it has for any pollutant. For
new sources and new dischargers, no quantitative estimates are required at time
of application submittal, unless they are already available. However, no later
than two years after commencement of discharge from a proposed facility, the
applicant for a permit for a new source or new discharge shall submit the
quantitative data; and
7. An
applicant shall report qualitative data, generated using a screening procedure
not calibrated with analytical standards, for
2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) if it:
i. Uses or manufactures
2,4,5-trichlorophenoxy acetic acid (2,4,5,-T) (CAS #93-76-5);
2-(2,4,5-trichlorophenoxy) propanoic acid (Silvex, 2,4,5,-TP)(CAS #93-72-1);
2-(2,4,5-trichlorophenoxy) ethyl, 2,2-dichloropropionate (Erbon)(CAS
#136-25-4); O,O-dimethly O-(2,4,5-trichlorophenyl) phosphorothioate
(Ronnel)(CAS #299-84-3); 2,4,5-trichlorophenol (TCP)(CAS #95-95-4); or
hexachlorophene (HCP)(CAS #70-30-4); or
ii. Knows or has reason to believe that TCDD
is, may be, or will be present in an effluent.
Notes
See: 35 N.J.R. 169(a), 35 N.J.R. 1331(a) 36 N.J.R. 813(a).
In (a) and (b), changed N.J.A.C. references; rewrote (b)5.
Amended by R.2009 d.7, effective
See: 40 N.J.R. 1478(a), 41 N.J.R. 142(a).
In (b)3i(6), deleted "and" from the end; in (b)3i(7), substituted "; and" for a period at the end; added (b)3i(8); in (b)3ii(2), deleted "toxic" preceding "pollutants" and "Appendix A" preceding "Table II", and inserted "and Table III of N.J.A.C. 7:14A-4 Appendix A"; in (b)3v, substituted "bacterial indicators" for "fecal coliform"; and rewrote (b)3vi.
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