Current through Register Vol. 56, No. 24, December 18, 2024
(a)
This section identifies special considerations applicable to effluent
limitations for BOD[5] or CBOD[5] and TSS percentage removal or, for facilities
receiving waste from certain industrial categories, relief in terms of less
stringent BOD[5] or CBOD[5] and TSS concentration levels when the level of
treatment required is more stringent than the minimum treatment requirements
specified in
N.J.A.C.
7:14A-12.2.
(b) For domestic treatment works receiving
less concentrated influent wastewater from combined sewer systems during wet
weather, the Department may remove, or impose a less stringent, BOD[5] or
CBOD[5] and TSS percent removal requirement than specified in
N.J.A.C.
7:14A-12.2(b)3, (c)3 or (e)
3. For such treatment works, any attainable percentage removal level shall be
defined on a case-by-case basis.
(c) For domestic treatment works receiving
less concentrated influent wastewater from combined sewer systems during dry
weather, the Department shall remove, or impose a less stringent, BOD[5] or
CBOD[5] and TSS percent removal requirement than specified in
N.J.A.C.
7:14A-12.2(b)3, (c)3, or (e)
3 if the permittee satisfactorily demonstrates that:
1. The treatment works is consistently
meeting, or will consistently meet, its permit effluent concentration limits
but the percent removal requirements cannot be met due to less concentrated
influent wastewater. In such case an applicant shall demonstrate compliance
with effluent limitations consistently achievable through proper operations and
maintenance as defined in
N.J.A.C.
7:14A-1.2;
2. To meet the percent removal requirements,
the treatment works would have to achieve significantly more stringent effluent
limitations, as defined in N.J.A.C. 7:14A-1.2, than would otherwise be required
by the concentration-based standards and associated loadings; and
3. The less concentrated influent wastewater
does not result from either excessive infiltration or clear water industrial
discharges (for example, non-contact cooling water discharges or other
discharges which do not contain pollutants in sufficient quantities to
otherwise be of concern) during dry weather periods. If the less concentrated
influent wastewater is the result of clear water industrial discharges, then
the treatment works must control such discharges in accordance with 40 CFR
403.
(d) For domestic
treatment works receiving less concentrated influent wastewater from a separate
sewer system, the Department shall remove, or impose a less stringent, BOD[5]
or CBOD[5] and TSS percent removal requirement than specified in
N.J.A.C.
7:14A-12.2 (b)3, (c)3 or (e)3, if the
permittee satisfactorily demonstrates that:
1. The treatment works is consistently
meeting, or will consistently meet, its permit effluent concentration limits
but the percent removal requirements cannot be met due to less concentrated
influent wastewater. In such case an applicant shall demonstrate compliance
with effluent limitations consistently achievable through proper operations and
maintenance as defined in
N.J.A.C.
7:14A-1.2;
2. To meet the percent removal requirements,
the treatment works would have to achieve significantly more stringent
limitations as defined in
N.J.A.C.
7:14A-1.2, than would otherwise be required
by the concentration-based standards; and
3. The less concentrated influent wastewater
is not the result of excessive inflow/infiltration.
(e) For domestic treatment works receiving
industrial waste from certain industrial categories, the average monthly values
for BOD[5], or CBOD[5] and TSS specified in
N.J.A.C.
7:14A-12.2(b)1, (c)1 or (e)1
shall be made less stringent provided that:
1. The permitted discharge of BOD[5] or
CBOD[5] and TSS from the domestic treatment works, attributable to the
industrial category, would not be greater than that which would be permitted
under sections 301(b)(1)(A)(i), 301(b)(2)(E) or 306 of the Federal Act if such
industrial category were to discharge directly to surface water; and
2. The flow or loading for BOD[5] or CBOD[5]
and TSS introduced to the domestic treatment works by the industrial category
exceeds 10 percent of the design flow or loading of the domestic treatment
works. When such an adjustment is made, the weekly average value for BOD[5] or
CBOD[5] and TSS specified in
N.J.A.C.
7:14A-12.2(b)2, (c)2 or (e)2
shall be adjusted proportionately.
(f) When requesting special consideration for
any of the discharges described in (b), (c) and (d) above, an applicant shall
submit, as part of the request, all demonstrations specified in the applicable
subsection and, in addition, the following:
1. The BOD[5], or CBOD[5], and TSS percent
removal requested, as applicable, and whether the request is for seasonal or
year round relief;
2. If the
discharge is also regulated by another regulatory agency (for example, Delaware
River Basin Commission, Interstate Environmental Commission), a brief written
statement from that regulatory agency that the agency has no objection to the
request for special consideration;
3. At a minimum, 24 consecutive months of
influent and effluent data sampled at monthly intervals for BOD[5] or CBOD[5]
and TSS concentration, as well as percentage removal, presented in summary
form. Pollutant data for BOD[5] or CBOD[5] and TSS shall be sampled in
accordance with the methods and procedures described in the applicable permit.
Data collected during periods of upsets, bypasses, operational errors or other
unusual conditions shall be excluded. The data shall contain, at a minimum, the
following information:
i. The parameter value
in mg/L for influent (concentration only) and effluent (concentration and
percent removal);
ii. The date on
which each sample was taken;
iii.
The effluent flow at time of each sample;
iv. The weather conditions at time of each
sampling (for example, raining or dry);
v. The total population served; and
vi. The total amount of flow attributable to
major industrial and commercial users contributing greater than 50,000 gallons
per day each;
4. All
permit limit exceedences;
5. For
combined sewer systems only, the number of combined sewer overflow points and
an estimation, with basis, of what percentage of the total collection system is
combined; and
6. Any other data
that the Department deems appropriate to make an accurate determination on the
merits of the request.
(g) When requesting special consideration for
the discharge under (e) above, an applicant shall submit all applicable
demonstrations specified in (e)1 and 2 above, and, in addition, the following:
1. If the discharge is also regulated by
another regulatory agency (for example, Delaware River Basin Commission,
Interstate Environmental Commission), a brief written statement from that
regulatory agency that the agency has no objection to the request for special
consideration;
2. The adjustment
requested; and
3. Any other data
that the Department deems appropriate to make an accurate determination on the
merits of the request.
(h) The following domestic treatment works
are not eligible to request special consideration under this section:
1. Any domestic treatment works which cannot
provide satisfactory demonstrations as required pursuant to (b) through (e)
above, as applicable; and
2. Any
domestic treatment works subject to the requirements of another regulatory
agency (for example, Delaware River Basin Commission, Interstate Environmental
Commission) that has not received a written statement from that agency that it
has no objection to the request.
