Current through Register Vol. 56, No. 24, December 18, 2024
(a) The
implementation procedures in (b) through (e) below shall be utilized by the
Department as a process to incorporate water quality based effluent limitations
in discharge permits to ensure compliance with the Surface Water Quality
Standards.
(b) Whole effluent
toxicity shall be incorporated in discharge permits where a water quality based
whole effluent toxicity limitation is required in accordance with
N.J.A.C.
7:14A-13.5, water quality based whole
effluent toxicity limitations shall be determined and incorporated into the
discharge permit in accordance with
N.J.A.C.
7:14A-13.6. The permit may include a schedule
to achieve compliance with the water quality based limit.
1. Where a water quality based whole effluent
toxicity limitation is not required, the discharge permit may still include a
whole effluent toxicity action level in accordance with
N.J.A.C.
7:14A-13.18(f).
(c) Limitations for new sources,
new discharges, or expanded direct discharges shall be established as follows:
1. Water quality based limitations for
chemical specific parameters shall be incorporated into the discharge permit as
required by
N.J.A.C.
7:14A-13.5. Chemical specific limitations
shall become effective on the effective date of the permit.
2. If a permittee/applicant qualifies in
accordance with
N.J.A.C.
7:14A-13.3 for limitations based on N.J.A.C.
7:14A-12 Appendix C for a specific pollutant, limitations for that pollutant
may be incorporated into the discharge permit. The limitations shall become
effective on the effective date of the permit. The effluent limitations shall
be re-evaluated when a TMDL is adopted for the affected waterbody.
3. Where a water quality based whole effluent
toxicity limitation is required in accordance with
N.J.A.C.
7:14A-13.6, the water quality based
limitation shall be incorporated into the discharge permit. The Department may
include a compliance schedule not to exceed three years for water quality based
whole effluent toxicity limitations.
4. Where a water quality based whole effluent
toxicity limitation is not required, the discharge permit may still include a
whole effluent toxicity action level in accordance with
N.J.A.C.
7:14A-13.18(f).
(d) For site remediation
discharges, the site remediation effluent standards at N.J.A.C. 7:14A-12
Appendix B shall be incorporated into the discharge permit unless a water
quality based effluent limit is determined in accordance with
N.J.A.C.
7:14A-13.5 and 13.6 or the discharge
qualifies in accordance with
N.J.A.C.
7:14A-13.3(c)5 for
limitations based on N.J.A.C. 7:14A-12 Appendix C. The limitations shall become
effective on the effective date of the permit unless the Department determines
that a compliance schedule is appropriate and is included in the permit. The
site remediation limitations may be re-evaluated in conjunction with the TMDL
process for the affected waterbody.
(e) For existing discharges, water quality
based effluent limitations shall be incorporated into discharge permits in
accordance with the following schedule:
1.
All water quality based effluent limitations that have been previously included
in the discharge permit shall be included in the renewal or reissuance of the
discharge permit, unless the Department makes a determination that the
discharge does not have the reasonable potential to cause or contribute to an
excursion above the Surface Water Quality Standards, or that modification of
the limitation is consistent with
N.J.A.C.
7:14A-13.16 and 13.19.
2. Whenever appropriate, water quality based
effluent limitations for conventional and non-conventional pollutants,
including, but not limited to biochemical oxygen demand (BOD) (or any parameter
serving as a surrogate for BOD), nitrogen compounds including ammonia-N,
chlorine produced oxidants, total dissolved solids, and dissolved oxygen, shall
be included in the discharge permit upon renewal or reissuance.
i. When a water quality based limitation is
required to control dissolved oxygen dynamics in the receiving stream, the
effluent limitations shall control both the carbonaceous and nitrogenous forms
of BOD as necessary based on an evaluation of the reasonable potential of the
discharge to cause or contribute to an exceedance of the water quality
standards.
ii. Whenever possible,
carbonaceous BOD (CBOD) shall be controlled through effluent limitations on
CBOD5 or CBOD20. Limitations on both CBOD5 and CBOD20 may be imposed to ensure
consistency with water quality management plans and/or the requirements of
other agencies.
iii. Nitrogenous
BOD (NBOD) shall be controlled through effluent limitations on NBOD, ammonia-N,
total N, or a combination of these measures.
3. When insufficient data are available to
determine water quality based limitations for any conventional or
non-conventional pollutant at the time of permit renewal or issuance, the
permittee may be required to complete a water quality study to determine
appropriate water quality based effluent limitations. In certain cases, the
permittee may elect to participate in a watershed-based TMDL study, if the time
frame for such study is determined to be acceptable by the
Department.
