Current through Register Vol. 56, No. 6, March 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 7:14A-13.5, water quality based whole effluent toxicity limitations shall be determined and incorporated into the discharge permit in accordance with 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 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 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 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 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 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 7:14A-13.5 and 13.6 or the discharge qualifies in accordance with 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 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.
