N.J. Admin. Code § 7:14A-7.5 - Authorization of discharges to ground water by permit-by-rule
(a) Any
person responsible for any of the following discharges to ground water is
deemed to have a permit-by-rule:
1.
Discharges to ground water from underground injection activities that are
eligible for a permit-by-rule under 7:14A-8.5;
2. Discharges to ground water from activities
associated with the flushing or cleaning of potable water mains and fire water
systems, including hydrants and sprinklers;
3. Discharges to ground water from activities
associated with the development of potable water wells;
4. Discharges to ground water from activities
associated with the installation, development, and sampling of monitoring wells
or associated with soil sampling in accordance with a NJPDES permit or, for
activities not included in a NJPDES permit, in accordance with either the
Technical Requirements for Site Remediation, including, but not limited to, the
requirements of
N.J.A.C.
7:26E-1.5(b) and (h), or the
Heating Oil Tank System Remediation Rules at N.J.A.C. 7:26F, including, but not
limited to, the requirements of
N.J.A.C.
7:26F-1.11 and 3.3(e); and
5. Discharges to ground water from wells,
other than discharges that occur during the course of a remediation as listed
in (c)3 below, that occur during aquifer tests for the purpose of obtaining
hydrogeologic data, provided that such discharges do not exceed 30 calendar
days in duration.
(b)
Unless the Department issues a general permit pursuant to
N.J.A.C.
7:14A-6.13for a discharge to ground water
listed in (c) below, any person responsible for such a discharge is deemed to
have a permit-by-rule after the following conditions are met:
1. A contaminated site, as defined in
N.J.A.C.
7:26E-1.8, is being remediated or is subject
to remediation pursuant to the Administrative Requirements for the Remediation
of Contaminated Sites rules at N.J.A.C. 7:26C, the Technical Requirements for
Site Remediation at N.J.A.C. 7:26E, or the Heating Oil Tank System Remediation
Rules at N.J.A.C. 7:26F;
2. The
person responsible for such a discharge submits to the Department a discharge
to ground water proposal, or modification of an approved discharge to ground
water proposal, consistent with the Technical Requirements for Site
Remediation, N.J.A.C. 7:26E, including the requirements of
N.J.A.C.
7:26E-5.1, 5.2, and 5.6, as applicable;
and
3. The person is in receipt of
the Department's written approval of the discharge to ground water proposal, or
modification of an approved discharge to ground water proposal.
(c) A permit-by-rule pursuant to
(b) above applies only to the following types of discharges to ground water:
1. Discharges to ground water, not to exceed
180 calendar days, from pilot treatment plants to obtain engineering design
data;
2. Discharges to ground water
related to biotreatability studies or other in situ pilot studies where the
discharge will not exceed 180 calendar days;
3. Discharges to ground water, not to exceed
30 calendar days, from wells or into injection wells to test soils or geologic
formations for the purpose of obtaining engineering, hydrogeologic, or other
remediation design data;
4.
Discharges to ground water, not to exceed 180 calendar days, from any other
facility or equipment associated with engineering studies, remedial action
selection, or design studies and associated monitoring;
5. Discharges to ground water to remediate
contamination from discharges from a heating oil tank system. Such discharges
are not subject to the public notice requirements of
N.J.A.C.
7:26E-5.6(c);
6. Discharges to ground water, not to exceed
180 calendar days, related to dewatering at a contaminated site or regulated
underground storage tank facility; and
7. Any other discharge to ground water that
is necessary to implement remediation.
(d) Except as provided in (e) below, the
Department shall invalidate any permit-by-rule under this section and require
any person responsible for the discharge for which the permit-by-rule had been
approved to apply for and obtain a discharge to ground water permit if:
1. The discharge is likely to contravene the
Ground Water Quality Standards at N.J.A.C. 7:9C; or
2. The discharge may result in violation of
the Surface Water Quality Standards at N.J.A.C. 7:9B.
(e) For discharges to ground water subject to
(b) above, the Department shall invalidate its approval of a discharge to
ground water proposal if:
1. The approved
discharge violates any provision of the Ground Water Quality Standards at
N.J.A.C. 7:9C;
2. The approved
discharge violates any provision of the Surface Water Quality Standards at
N.J.A.C. 7:9B; or
3. The permittee
does not implement the discharge to ground water proposal as the Department
approved.
(f) For a
discharge to ground water proposal subject to (b) above, the person responsible
for the discharge to ground water proposal shall:
1. Stop any negative impacts not anticipated
in the Department-approved discharge to ground water proposal, caused by
implementing that discharge to ground water proposal; and
2. Remediate any negative impacts not
anticipated in the Department-approved discharge to ground water proposal in
accordance with the requirements of the Administrative Requirements for the
Remediation of Contaminated Sites, N.J.A.C. 7:26C, the Technical Requirements
for Site Remediation, N.J.A.C. 7:26E, or the Heating Oil Tank System
Remediation Rules, N.J.A.C. 7:26F, as applicable.
Notes
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