Current through Register Vol. 56, No. 24, December 18, 2024
(a) An
applicant or permittee may request effluent limitations less stringent than
those required by
N.J.A.C.
7:14A-13.3, 13.4 or 13.6, which are
applicable only during periods of excessive effluent flow due to precipitation
events, provided one or more of the following criteria is met:
1. The facility receives excessive
infiltration and inflow. In such cases the permit shall include the following
conditions:
i. For effluent flows up to and
including the hydraulic capacity of the facility, the effluent quality shall
comply with applicable effluent limitations determined in accordance with
N.J.A.C.
7:14A-13.3, 13.4 or 13.6;
ii. For effluent flow in excess of the
hydraulic capacity of the facility, the quantity of flow greater than the
hydraulic capacity shall receive treatment consisting of, at a minimum,
screening and disinfection. Wherever practicable, treatment shall also include
settling and, if applicable, dechlorination;
iii. A schedule in the permit addressing
elimination of the excess inflow and/or infiltration; and
iv. The permittee shall consent to the
provisions incorporating the permit conditions imposed in accordance with (a)1i
through iii above prior to the issuance of the final discharge
permit;
2. The facility
qualifies for special consideration in accordance with
N.J.A.C.
7:14A-12.3. In such cases the modification of
effluent limitations and permit conditions shall be limited to that available
in accordance with
N.J.A.C.
7:14A-12.3; or
3. The facility receives flow from combined
sewers. In such cases the permittee shall be required to maximize the flow to
the treatment facility and minimize the flow through the combined sewer
overflow. The permittee shall evaluate and implement options for eliminating
the extraneous flow. The options to be explored shall include, but shall not be
limited to, reducing or eliminating one or more overflows, providing a reduced
level of treatment for a portion of the flow, and, in some cases, separation of
the sanitary and storm sewers. The permit shall include a schedule addressing
reduction or elimination of the excess flow as appropriate. Any discharge from
combined sewer overflows shall be consistent with the USEPA final policy for
combined sewer overflows. See 59 Fed. Reg. 18688 (April 19, 1994), which is
incorporated at N.J.A.C. 7:14A-11 Appendix C.
(b) An applicant or permittee may request
less stringent effluent limitations than those required by
N.J.A.C.
7:14A-13.6, which are applicable only during
periods of excessive precipitation, if the applicant or permittee completes a
water quality study which demonstrates to the satisfaction of the Department
that the effluent limitations will ensure attainment of the Surface Water
Quality Standards at N.J.A.C. 7:9B and the discharge permit includes monitoring
and/or reporting conditions to verify that modeling assumptions are valid when
the wet weather limitations are applicable. At a minimum the water quality
study shall be conducted in accordance with a QA/QC project work plan approved
by the Department and shall include the following:
1. An evaluation of point and nonpoint
sources of pollutants with impacts which overlap with the effects of the
permittee's discharge, including the fate of pollutants of interest and
cumulative or synergistic effects;
2. A statistical analysis of the
relationships among hydraulic considerations such as waterbody flow, the
quantity and intensity of the storm event, and effluent flow, influent water
quality, effluent water quality, and ambient water quality;
3. The magnitude and duration of storm events
which statistically correspond to the hydraulic capacity of the facility;
and
4. The extent of effluent and
receiving water mixing over the range of stream and effluent flows for which
wet weather effluent limitations are requested.
