New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM
Subchapter 13 - EFFLUENT LIMITATIONS FOR DSW PERMITS
Section 7:14A-13.17 - Toxicity reduction evaluations
Universal Citation: NJ Admin Code 7:14A-13.17
Current through Register Vol. 56, No. 24, December 18, 2024
(a) Toxicity reduction requirements shall be included in discharge permits which include a whole effluent toxicity limitations as follows:
1. When a minimum of two tests out of six
consecutive whole effluent toxicity tests demonstrate that the effluent does
not comply with the effluent limitation, the permittee shall initiate toxicity
reduction implementation requirements.
2. Where an exceedance of the permit limit is
directly caused by a documented facility upset, or other unusual event which
has been identified and appropriately remedied by the permittee, test data
collected during the period of upset may be eliminated when determining the
necessity of initiating the following toxicity reduction implementation
requirements.
3. Toxicity reduction
requirements apply to limitations that are in effect or become effective during
the term of the permit.
4. The
permittee shall conduct a tiered investigation as specified below:
i. Within 30 days of the close of the
monitoring period which contained the second violation specified in (a)1 above,
the permittee shall initiate the toxicity characterization phase of monitoring
consisting of increased monitoring frequency for a total of 12 additional
tests, as follows:
(1) For major facilities,
monthly effluent monitoring; and
(2) For minor facilities, semi-monthly
effluent monitoring.
ii.
Upon the third exceedance of the toxicity limit for a major facility or upon
the fourth exceedance of the toxicity limit for a minor facility of the tests
conducted during the characterization phase, a preliminary toxicity
identification shall be conducted, which includes (a)4ii(1) through (5) below
as applicable to a specific facility. This preliminary toxicity identification
shall be completed within 15 months of completing the toxicity characterization
phase:
(1) Treatment plant performance
evaluation;
(2) Pretreatment
program information;
(3) Evaluation
of levels of ammonia-N and chlorine produced oxidants and their effect on the
toxicity of the discharge;
(4)
Evaluation of chemical use and processes at the facility; and
(5) Evaluation of incidental facility
procedures (such as washing of floors and chemical spill disposal) which may
contribute to effluent toxicity.
5. Where the data collected during the
Toxicity characterization phase indicate consistent compliance with the whole
effluent toxicity limit for four (4) consecutive tests, the toxicity reduction
implementation requirements are deemed complete and the permittee may return to
the monitoring frequency for WET specified in the discharge permit.
6. Where a preliminary toxicity
identification has not resulted in compliance with the final effluent
limitation, the permittee shall initiate a comprehensive toxicity investigation
phase within six months of the completion of the preliminary
investigation.
7. Within three
months of the demonstration that a comprehensive toxicity investigation is
necessary, the permittee shall submit a project study plan. The project study
plan shall identify the party or parties responsible for the conduct of the
comprehensive evaluation, establish a schedule for completion of the study, and
identify and describe the technical approach which the study will utilize. The
schedule for completion of the toxicity reduction evaluation is subject to
Departmental approval.
i. Quarterly progress
reports shall be submitted during the term of the toxicity reduction
implementation requirements. The reports shall include a summary of data
collected and actions taken during the applicable quarter. A copy of the
transmittal letter for each quarterly report shall be forwarded to the
applicable regional Enforcement Bureau; and
ii. A final report shall be submitted which
identifies the specific actions taken by the permittee to achieve compliance,
describes and identifies the pollutants or groups of pollutants contributing to
or causing the whole effluent toxicity exceedances, and describes the final
corrective actions taken to achieve compliance and the outcome of the
study.
8. The permittee
may elect to complete an instream verification study prior to the initiation of
the comprehensive toxicity identification/ reduction phase specified in (a)6
above. If the permittee selects this option, a project work plan approved by
the Department shall be submitted in lieu of the project work plan specified in
(a)7 above. This option shall be limited to permittees with discharges to
non-tidal, freshwater receiving waters where a regulatory mixing zone of a
defined size and shape has been established for the discharge. The study shall
be completed and submitted to the Department for evaluation within two years of
selecting this alternative.
i. Where the
results of an instream verification study definitively demonstrate that there
are no existing or potential adverse impacts from the discharge, the Department
shall determine that the permittee is exempt from the requirements of (a)6
above.
ii. If the data submitted
for this study are deemed insufficient by the Department to make a
determination that there are no existing or potential adverse impacts from the
discharge, the permittee shall initiate the comprehensive toxicity
identification and reduction evaluation requirements of (a)6 above within 90
days of notification by the Department that the instream verification study was
insufficient to make a determination.
iii. The instream verification study shall be
completed in accordance with the approved project work plan. Evaluation of the
instream data may also require completion of a mixing zone study.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
