N.J. Admin. Code § 7:9B-1.8 - Procedures for modifying water quality-based effluent limitations for individual dischargers to Category One waters
(a) An applicant
requesting modification of a water quality-based effluent limitation,
established on a case-by-case basis, must demonstrate, to the satisfaction of
the Department, after public notice (including notice to affected
municipalities) and a public hearing (where sufficient public interest exists),
that:
1. Some change in ambient water quality
should be allowed because of necessary and justifiable social or economic
development;
2. Alternative
effluent limitations, at least as stringent as the technology-based effluent
limitations required by either sections 301, 306, and 307 of the Federal Clean
Water Act, or the effluent limitations resulting from application of the
minimum BOD[5] effluent standards in
7:14A-12.4 (where applicable),
whichever are more stringent, will not interfere nor be injurious to the
existing or designated uses; and
3.
Where the requested modified effluent limitations would result in contravention
of the water quality criteria or the degradation of the natural water quality,
whichever is less stringent:
i. The water
quality criteria are not attainable because of natural background; or
ii. The water quality criteria are not
attainable because of irretrievable man-induced conditions; or
iii. Natural, ephemeral, intermittent, or low
flow conditions or water levels prevent the attainment of the use, unless these
conditions may be compensated for by the discharge of sufficient volume of
effluent discharges without violating State water conservation requirements to
enable uses to be met; or
iv.
Controls more stringent than those required by Sections 301(b) and 306 of the
Federal Clean Water Act would result in substantial and widespread adverse
social and economic impact.
(b) It is the responsibility of the applicant
to provide the Department with all of the information needed to evaluate the
requested modification(s).
(c)
Modified effluent limitations may be renewed if the discharger demonstrates, to
the Department's satisfaction, after public notice (including notice to
affected municipalities) and a public hearing (where sufficient interest
exists), that the basis for issuing the modification still exists and there
have been no adverse impacts on the existing uses.
(d) Where water quality criteria are not
currently met the Department shall not grant a modification, as set forth in
this section, establishing an effluent limitation less stringent than the
limitation(s) in the existing permit, unless the criteria are not met because
of natural conditions.
Notes
See: 24 N.J.R. 3983(a), 25 N.J.R. 5569(a).
Amended by R.1998 d.234, effective
See: 29 N.J.R. 5128(a), 30 N.J.R. 1778(a).
In (a)2, substituted a reference to effluent standards for a reference to treatment requirements and changed N.J.A.C. reference; and in (e), substituted "modification" for "variance".
Amended by R.2009 d.372, effective
See: 41 N.J.R. 1565(a), 41 N.J.R. 4735(a).
Deleted former (c) and (d); and recodified former (e) and (f) as (c) and (d).
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