A.
Dischargers subject to this
section
All licensed dischargers of industrial process wastewater or
domestic wastes discharging to surface waters of the State must meet the
testing requirements of this section. Dischargers of other types of wastewater
are subject to this subsection when and if the Department determines that
toxicity of effluents may have reasonable potential to cause or contribute to
exceedences of narrative or numerical water quality criteria. For the purposes
of this rule, industrial process wastewater is that which comes in contact with
or results from a manufactured product, except for those processes that involve
only washing and/or packing a raw material without addition of chemicals to the
product.
The following dischargers are exempt from testing
requirements of this rule unless the Department determines that there is a need
for testing based on the nature, location or circumstances of an individual
discharge.
(1) Discharges from
individual discharge points licensed to discharge less than 50,000 gallons per
day of solely domestic wastewater and with a chronic dilution factor of at
least 50 to 1, provided no holding tank wastes containing chemicals are
accepted by the facility;
(2)
Discharges from residential overboard discharge systems; or
(3) Discharges from combined sewer overflow
discharge points, provided the owner of the sewerage system is conducting or
participating in a discharge abatement program. See Chapter 570, Combined Sewer
Overflow Abatement.
B.
Categorization of dischargers. The basis of this categorization is
the relative risk of toxic contamination of receiving water by a discharge.
Dilution of the discharge in the receiving water is the primary variable used
to determine the testing frequency. In determining dilution for a discharge,
the Department shall use the chronic dilution factor as calculated pursuant to
section 4(A) of this rule. The Department may assign a discharger to a higher
testing frequency level if its outfall configuration or local conditions
indicate a disproportional increase in the risk of acute toxic effects.
Level I Those dischargers having a chronic dilution factor of
less than 20 to 1.
Level II Those dischargers having a chronic dilution factor
of at least 20 but less than 100 to 1.
Level III Those dischargers having a chronic dilution factor
of at least 100 but less than 500 to 1, or dischargers having a chronic
dilution factor of more than 500 to 1 and a permitted flow of 1 million gallons
per day or greater.
Level IV Those dischargers having a chronic dilution factor
of at least 500 to 1 and a permitted flow of less than 1 million gallons per
day.
C.
Scope of
testing. Dischargers must conduct testing using the following organisms
for Whole Effluent Toxicity (WET) testing and/or chemical tests for specific
compounds.
(1)
Marine WET
organisms. Test species for discharges to marine waters are Mysid
shrimp,
Mysidopsis bahia (acute only) and the sea urchin,
Arbacia punctulata, (chronic only), or other organisms
specified by the Department. All WET testing must be reported as a No Observed
Effect Level.
NOTE: In estuarine situations, the Department shall specify
whether marine or freshwater organisms are best suited for an individual
discharge.
(2)
Freshwater WET organisms. Test species for discharges to
freshwater are the water flea, Ceriodaphnia dubia and the
brook trout, Salvelinus fontinalis or other salmonid fish
species approved by the Department, or other organisms specified by the
Department. All WET testing must be reported as a No Observed Effect Level for
both acute and chronic levels for each species.
(3) "Priority pollutant" testing refers to
analysis for levels of priority pollutants listed in Chapter 525, section
(4)(VI) in a licensed discharge.
(4) "Analytical chemistry" refers to a suite
of chemical tests for ammonia nitrogen, total aluminum, total cadmium, total
chromium, total copper, total hardness (fresh water only), total lead, total
nickel, total silver, total zinc, total arsenic, total cyanide and total
residual chlorine.
(5) Chemical
analyses for compounds in addition to those referred to in paragraphs (3) and
(4) above may be required if the Department has reason to believe that specific
discharges contain such compounds in concentrations that may prevent attainment
of water quality standards of the waterbody. Additionally, the Department may
require testing for other compounds that it identifies as being in use in the
State and that pose a risk of causing toxic effects if discharged to the
surface waters. Such testing may be required of specific types or groups of
dischargers that may use, produce or receive the compound(s) in
question.
(6) All chemical testing
must be carried out by approved methods that permit detection of a pollutant at
existing levels in the discharge or that achieve detection levels as specified
by the Department. When chemical testing results are reported as less then, or
detected below the Department's specified detection limits, those results will
be considered as not being present for the purposes of determining exceedences
of water quality criteria.
(7)
Whenever WET, priority pollutants and analytical chemistry tests are required
during the same time period, all tests must be performed on the same initial
sample of effluent.
D.
Test schedules. In order to characterize a discharged effluent,
all dischargers subject to this section must carry out a toxicity testing
program consisting of screening tests and surveillance tests according to the
schedule set forth in this section. This testing program must be conducted on
effluents representative of normal flow, production and operating conditions.
All screening and surveillance testing conducted must be reported to the
Department and all valid tests will be used to determine compliance with this
rule. Where any test demonstrates that a discharge may cause or contribute to
an exceedence of a numerical or narrative water quality criterion, additional
tests must be conducted pursuant to an approved toxicity reduction program (see
section 3(C) ). Such testing may not be used to fulfill minimum testing
requirements of this section.
(1)
Routine testing requirements.Screening tests must be performed
during the fourth year of a discharger's license, but at least once every five
years, unless otherwise directed by the Department in order to accommodate
license renewal schedules. The screening testing period begins 24-months prior
to the expiration of a discharger's license and proceeds for four (4) calendar
quarters (1 year). During other years, surveillance testing must be conducted.
More frequent testing may be required by the Department in order to properly
characterize a discharge in consideration of changed conditions or receiving
water requirements.
Screening level testing
|
Level
|
WET Testing
|
Priority pollutant testing
|
Analytical chemistry
|
|
I
|
4 per year |
1 per year |
4 per year |
|
II
|
2 per year |
1 per year |
4 per year |
|
III
|
1 per year |
1 per year |
4 per year |
|
IV
|
1 per year * |
1 per year * |
4 per year * |
Surveillance level testing
|
Level
|
WET Testing
|
Priority pollutant testing
|
Analytical chemistry
|
|
I
|
2 per year |
None required |
4 per year |
|
II
|
1 per year |
None required |
2 per year |
|
III
|
1 per year |
None required |
1 per year |
|
IV
|
1 per year * |
None required * |
1 per year * |
*These routine testing requirements for Level IV are waived,
except that the Department shall require an individual discharger to conduct
testing under the following conditions.
(a) The discharger's permit application or
information available to the Department indicate that toxic compounds may be
present in toxic amounts; or
(b)
Previous testing conducted by the discharger or similar dischargers indicates
that toxic compounds may be present in toxic amounts.
Additionally, new or substantially changed dischargers
assigned to Level IV must conduct testing during the first two years of the
discharge. Further testing is waived provided the testing done does not
indicate any reasonable potential for exceedence as calculated pursuant to
section 3(E).
(2) Required testing must be representative
of the discharge and any seasonal or other variations, and must be distributed
during the year as follows.
|
Tests per year
|
Distribution |
|
4
|
One test each calendar quarter |
|
2
|
One test in January to June and one test 6 months
later. For surveillance tests, different months will be used in 4 successive
years. |
|
1
|
For surveillance tests, different calendar quarters
will be used in 4 successive years. |
(3)
Reduced testing
(a) The
Department may reduce testing requirements for dischargers that discharge less
than 12 months per year in proportion to the actual number of months
discharged, but to not less than one test per year where testing would
otherwise be required. The Department may adjust test schedules to provide the
most representative sampling program.
(b) Dischargers in Levels III and IV may be
waived from conducting surveillance testing for individual WET species or
chemicals provided that testing in the preceding 60 months does not indicate
any reasonable potential for exceedence as calculated pursuant to section
3(E).
(c) Dischargers in Level II
may reduce surveillance testing to one WET or specific chemical series every
other year provided that testing in the preceding 60 months does not indicate
any reasonable potential for exceedence as calculated pursuant to section
3(E).
(d) Dischargers in Level I
may reduce surveillance testing to one WET or specific chemical series per year
provided that testing in the preceding 60 months does not indicate any
reasonable potential for exceedence as calculated pursuant to section
3(E).
(4) All
dischargers having waived or reduced testing must file statements with the
Department on or before December 31 of each year describing the following.
(a) Changes in the number or types of
non-domestic wastes contributed directly or indirectly to the wastewater
treatment works that may increase the toxicity of the discharge;
(b) Changes in the operation of the treatment
works that may increase the toxicity of the discharge; and
(c) Changes in industrial manufacturing
processes contributing wastewater to the treatment works that may increase the
toxicity of the discharge.
(5)
Waiver or Reduction of Testing of
Industrial Discharges. The Department may waive or reduce testing or
replace testing with requirements adequate to characterize the toxicity of
identified pollutants when a discharger provides information adequate to:
(a) Identify all toxic pollutants present or
demonstrate that no toxic pollutants are used in its processes in toxic
amounts;
(b) Demonstrate that
chemicals used in or formed by the discharger's industrial processes are not
known or suspected to result in the formation of toxic pollutants in toxic
amounts; and
(c) Demonstrate the
discharger does not process or treat waters known or suspected to contain toxic
pollutants.
