N.J. Admin. Code § 7:14A-6.10 - Noncompliance reporting
(a) All permittees
shall report to the Department (and receiving DTW, if applicable) any
noncompliance including, but not limited to:
1. Any exceedance of effluent limitation
that:
i. Causes injury to persons;
ii. Poses a threat to human health;
iii. Causes damage to the
environment;
iv. Poses a threat to
the environment; or
v. Violates a
daily maximum effluent limitation for a toxic pollutant listed in N.J.A.C.
7:14A-4 Appendix A;
2.
Any discharge of any toxic or hazardous pollutant listed in N.J.A.C. 7:14A-4
Appendix A, which is not covered under a permit;
3. Any upset or an unanticipated bypass not
otherwise covered in (a)1 or 2 above;
4. Any anticipated bypass; or
5. Any noncompliance with a standard for
residual use or disposal, whether or not a discharge has occurred.
(b) Any permittee discharging
pollutants under the conditions identified in (a) above shall comply with the
reporting requirements in this section. Any permittee with a discharge not
otherwise covered in (a) above shall comply with the reporting requirements
relating to that type of discharge as listed below.
(c) For the situations listed in (a)1i
through iv and 2, above, the permittee shall communicate the information in
(c)1 through 3 below by telephone to the DEP Hotline at 1-877-927-6337 or
1-877-WARN-DEP (and to the receiving DTW, if applicable) within two hours of
the commencement of the discharge or of the permittee's becoming aware of the
discharge. Any revision to this information for situations listed in (a)1i
through iv and 2 above shall be reported to the DEP Hotline within 24 hours
after the permittee's becoming aware of the need to revise the information.
1. A description of the discharge, including
the time of the discharge, the location of discharge, the volume of the
discharge, the concentration of pollutants discharged, and the receiving water
of the discharge;
2. Steps being
taken to determine the cause of the permit noncompliance; and
3. Steps being taken to reduce, remediate,
and eliminate the noncomplying discharge and any damage to the environment, and
the anticipated time frame to initiate and complete the steps to be
taken.
(d) For the
situations listed in (a)1v, 3 and 5 above, the permittee shall communicate the
following information by telephone to the DEP Hotline at 1-877-927-6337 or
1-877-WARN-DEP within 24 hours after the commencement of the discharge or of
the permittee's becoming aware of the discharge:
1. A description of the discharge, including
the time of the discharge, the location of discharge, the volume of the
discharge, the concentration of pollutants discharged, and the receiving water
of the discharge;
2. Steps being
taken to determine the cause of the permit noncompliance;
3. Steps being taken to reduce, remediate,
and eliminate the noncomplying discharge and any damage to the environment, and
the anticipated time frame to initiate and complete the steps to be
taken;
4. The duration of the
discharge, including the dates and times of the commencement and, for an
unanticipated bypass, the dates and times of the end or anticipated end of the
discharge, and if the discharge has not been corrected, the anticipated time
when the permittee will correct the situation and return the discharge to
compliance;
5. The cause of the
noncompliance;
6. Steps being taken
to reduce, eliminate, and prevent reoccurrence of the noncomplying
discharge;
7. An estimate of the
threat to human health or the environment posed by the discharge; and
8. The measures the permittee has taken or is
taking to remediate the problem and any damage or injury to human health or the
environment, and to avoid a repetition of the problem.
(e) For the situations identified in (a)1
through 3 and 5 above, a written submission containing the information listed
in (d) above shall be submitted to the Department, if the permittee had not
previously submitted the information. The written information shall be sent to
the person identified in (h) below.
1. The
permittee shall ensure that the written submission required pursuant to this
subsection is submitted to the Department within five days of the commencement
of the discharge or of the permittee becoming aware of the discharge.
2. If the permittee becomes aware that it has
failed to submit any relevant facts or submitted incorrect information required
in (c) or (d) above, the permittee shall immediately submit such facts or
information to the Department.
(f) For the situations identified in (a)3
above, the permittee shall ensure the person identified in (h) below receives
the information listed at (f)4 below as part of the written submission required
pursuant to (e) above, if not previously submitted, as follows:
1. For an unanticipated bypass, the
information listed at (f)4i through ii and iv through ix below.
2. For an upset, the information listed at
(f)4i and iii through vi below as applicable, is submitted to the Department,
within the five-day period.
3. If
the permittee becomes aware that it has failed to submit any relevant facts or
has submitted incorrect information pursuant to (d) above, the permittee shall
immediately submit such facts or information to the Department.
4. The following information shall be
submitted as required under this subsection:
i. All properly signed, contemporaneous
operating logs, or other relevant evidence, on the circumstances of the
noncompliance;
ii. For an
unanticipated bypass, the reasons that the unanticipated bypass occurred,
including the circumstances leading to the unanticipated bypass;
iii. For an upset, the reasons that the upset
occurred, including the cause of the upset and the identity of the person
causing the upset, as necessary, except that, in the case of a treatment works,
the local agency may certify that despite a good faith effort it was unable to
identify the cause of the upset or the person causing the upset;
iv. Evidence that the permittee was properly
operating the facility at the time;
v. Evidence that the permittee submitted
notice of the unanticipated bypass as required pursuant to (a)3 above, or, in
the case of an upset resulting from the performance by the permittee of
maintenance operations, the permittee provided prior notice and received prior
written approval from the Department, including the name, title, address and
telephone number of the individual who satisfied this requirement, the date and
specific time the individual notified the Department for the permittee, the
specific method that the individual used to notify the Department, and the name
and title of the individual within the Department to whom the permittee gave
such notice;
vi. Evidence that the
permittee complied with all remedial measures the Department
required;
vii. For an unanticipated
bypass, the permittee's rationale for and all supporting documentation that the
bypass was unavoidable to prevent loss of life, personal injury, or severe
property damage, including the name, title, address and telephone number of the
individual that made the determination for the permittee, the data and
information upon which that individual made the determination and any other
information the Department requests;
viii. For an unanticipated bypass, evidence
that there was no feasible alternative to the unanticipated bypass, including
but not limited to the use of auxiliary treatment facilities, retention of
untreated wastes, or maintenance during normal periods of downtime;
and
ix. For an unanticipated
bypass, evidence that the unanticipated bypass did not occur during normal
periods of equipment downtime or preventive maintenance when back-up equipment
should have been installed to avoid the unanticipated bypass.
(g) For the situations
identified in (a)4 above, the permittee shall submit the information below to
the person identified in (h) below at least 10 days, if possible, prior to the
date of the anticipated bypass.
1. The exact
dates and times of the anticipated commencement and the end of the anticipated
bypass;
2. The permittee's
rationale as to why the anticipated bypass is necessary;
3. A statement certifying that the permittee
will properly operate the facility at the time of the anticipated
bypass;
4. A statement certifying
that the anticipated bypass is unavoidable to prevent loss of life, personal
injury, or severe property damage, including the name, title, address and
telephone number of the individual that made this determination for the
permittee, the data and information upon which that individual made the
determination, and any other information the Department requests;
5. A statement certifying that there is no
feasible alternative to the anticipated bypass, including but not limited to
the use of auxiliary treatment facilities retention of untreated wastes, or
maintenance during normal periods of equipment downtime; and
6. A statement certifying that the
anticipated bypass will not occur during normal periods of equipment downtime
or preventive maintenance when backup equipment can be installed to avoid the
anticipated bypass.
(h)
The permittee shall submit all written notifications and/or reports required
pursuant to this section to:
Administrator of Water Compliance and Enforcement Element
New Jersey Department of Environmental Protection
401 East State Street, 4th Floor East
PO Box 422
Trenton, New Jersey 08625-0422
(i) For a serious violation, as defined in
7:14A-1.2, a person shall, within
30 days of the violation, submit a written report to the person listed in (h)
above or the appropriate control authority. The report shall include the
following:
1. All the information required in
(d) above, if not already submitted; and
2. A written statement that:
i. Indicates the person understands the civil
and administrative penalties required to be assessed for serious violations;
and
ii. Explains the nature of the
serious violation.
(j) The permittee shall report all instances
of noncompliance not reported under this section at the time MRFs are regularly
submitted. The reports shall contain the information required pursuant to (d)
above.
Notes
See: 31 N.J.R. 508(b), 31 N.J.R. 636(a), 31 N.J.R. 1314(b).
In (a), added 4; in (e), (f) and (i), substituted references to (h) for references to (g); in (e), substituted a reference to (a)1 through 3 for a reference to (a); inserted a new (g); recodified former (g) through (i) as (h) though (j); and rewrote the new (h).
Administrative change.
See: 38 N.J.R. 1445(a).
Amended by R.2009 d.7, effective
See: 40 N.J.R. 1478(a), 41 N.J.R. 142(a).
In (a)3, deleted "or" from the end; in (a)4, substituted "; or" for the period at the end; added (a)5; in the introductory paragraph of (d), substituted ", 3 and 5" for "and 3"; in the introductory paragraph of (e), inserted "and 5"; and in (j), substituted "MRFs" for "DMRs".
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