N.J. Admin. Code § 7:9B-1.9 - Procedures for modifying water quality-based effluent limitations for individual dischargers to Category Two waters
(a) The criteria
for modifying water quality-based effluent limitations established on a
case-by-case basis are:
1. The applicant for
modification of effluent limitations for parameters that are currently better
than the water quality criteria 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:
i. Some degradation of water quality
parameters currently better than the water quality criteria should be allowed
because of necessary and justifiable social or economic development;
and
ii. 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 effluent
standards (where applicable) in N.J.A.C. 7:14A-12, whichever are more
stringent, will not interfere with nor be injurious to the existing or
designated uses.
2. The
applicant for modification of effluent limitations for parameters that are
currently equal to or currently do not meet the water quality criteria in this
subchapter 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:
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 water quality
criteria, 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) 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.
(c) Modified effluent limitations may be
renewed if the discharger demonstrates, to the satisfaction of the Department,
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.
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)1ii, substituted "effluent standards" for "Minimum Treatment Requirements" and changed N.J.A.C. reference; and in (d), 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 recodified former (d) as (c).
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