New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM
Subchapter 16 - TRANSFER, MODIFICATION, REVOCATION AND REISSUANCE, RENEWAL, SUSPENSION, AND REVOCATION OF EXISTING PERMITS
Section 7:14A-16.4 - Causes for major modification or revocation and reissuance of a permit
Universal Citation: NJ Admin Code 7:14A-16.4
Current through Register Vol. 56, No. 24, December 18, 2024
(a) The Department shall issue a major modification or revoke and reissue a permit only for one or more of the causes set forth at (b) below.
(b) The following constitute cause for major modification or revocation and reissuance of a permit:
1. Any material and substantial alteration or
addition to the permitted facility, activity, or discharge (including one or
more changes in the permittee's residual use or disposal practices) which
occurred after permit issuance and which justifies the application of permit
conditions that are different or absent from those in the existing permit. A
request for a permit modification under this paragraph shall include all
information demonstrating that the alterations or additions occurred after
permit issuance and therefore this information was not available at the time of
permit issuance or renewal;
2. New
information which was not available at the time of permit issuance (other than
revised regulations, guidance, or test methods) and which would have justified
the application of different permit conditions at the time of issuance. A
request for consideration under this paragraph shall include all information
demonstrating that the information was not available at the time of permit
issuance. Such information includes, but is not limited to, the following:
i. Information showing a need for additional
flow;
ii. Effluent testing
indicating that the cumulative effects on the environment are unacceptable or
are in violation of applicable standards; or
iii. Any toxic pollutant that a permittee
begins or expects to begin to use or manufacture as an intermediate or final
product or by-product which was not reported in the permit application under
N.J.A.C.
7:14A-4.2. A permittee subject to this
subparagraph shall amend its permit application to list those
pollutants;
3. A change
in the regulation or standard on which the issued permit was based by
subsequent rule amendment or by judicial decision upon which no further appeals
may be taken. The Department may provide for a schedule of compliance in
accordance with
N.J.A.C.
7:14A-6.4 in order for the permittee to meet
such regulations or standards;
4.
An act of God, strike, flood, or other events over which the permittee has
little or no control and for which there is no reasonably available remedy
which the Department has determined warrants the modification of a compliance
schedule. However, in no case shall a compliance schedule be modified to extend
beyond an applicable State or Federal statutory deadline;
5. A complete and timely request filed by the
permittee for any of the variances listed in
N.J.A.C.
7:14A-11.7;
6. Incorporation of an applicable toxic
effluent standard or prohibition under Section 307(a) of the Federal Act (see
N.J.A.C.
7:14A-13.2 through 13.4);
7. Inclusion or modification of an effluent
limitation or parameter pursuant to a permit "reopener" condition as follows:
i. For effluent limitations, including those
limitations necessary to implement a TMDL or watershed management plan adopted
in accordance with N.J.A.C. 7:15-7, pursuant to
N.J.A.C.
7:14A-6.2(a)10;
ii. For surrogate parameters, pursuant to
N.J.A.C.
7:14A-13.7 or 13.10;
iii. For making a determination of reasonable
potential to cause or contribute to an exceedance of the Surface Water Quality
Standards, pursuant to
N.J.A.C.
7:14A-13.5;
iv. For action levels associated with a
specific effluent limitation that have been exceeded, pursuant to
N.J.A.C.
7:14A-13.18;
v. For limitations based on narrative Surface
Water Quality Standards, pursuant to N.J.A.C. 7:14A-13.7;
vi. For residual use or disposal, pursuant to
N.J.A.C.
7:14A-20.5;
vii.
(Reserved)
viii. For modification of effluent standards
when Whole Effluent Toxicity data obtained by the Department shows toxicity at
levels that exceed applicable effluent standards, as specified in N.J.A.C.
7:9-5.7(a); or
ix. For issuance of
a facility wide permit, requiring pollution prevention at a facility, to
incorporate a pollution prevention plan or to require more stringent effluent
levels based on pollutant prevention strategies or technologies applicable to
that facility or industry, in accordance with Section 48 of the Pollution
Prevention Act,
N.J.S.A. 13:1D-35, and its implementing regulations,
specifically,
N.J.A.C.
7:1K-7.1(c);
8. The filing of a complete
request from a permittee who qualifies for effluent limitations on a net basis
under N.J.A.C. 7:14A-13.4(k)
or when a permittee is no longer eligible
for net limitations as provided for in
N.J.A.C.
7:14A-13.4(k) (see the
information requirements contained in
40
CFR 122.45(g));
9. Establishment of a compliance schedule for
development of a pretreatment program in accordance with
N.J.A.C.
7:14A-6.4(c) and N.J.A.C.
7:14A-19;
10. Failure of the State
to notify, as required by Section 402(b)(3) of the Federal Act, another state
whose waters may be affected by a discharge from the State;
11. The level of discharge of any pollutant
which is not limited in the permit exceeds the level which can be achieved by
the technology based treatment requirements appropriate to the permittee under
N.J.A.C.
7:14A-13.2 through 13.4;
12. Establishment of a "notification level"
as provided in
N.J.A.C.
7:14A-6.2(b)2;
13. Modification of a schedule of compliance
to reflect the time lost during construction of an innovative or alternative
facility, in the case of a POTW which has received a grant under Section
202(a)(3) of the Federal Act or public loan moneys for the costs to modify or
replace facilities constructed with a grant for innovative and alternative
wastewater technology under Section 202(a)(2) of the Federal Act. In no case
shall a compliance schedule be modified to extend beyond an applicable State or
Federal statutory deadline. For a permit modification under this paragraph a
permittee shall submit all information detailing the reasons for time lost
during construction and why such loss of time was not the fault of the
permittee;
14. Correction of
technical mistakes, such as errors in calculation, or mistaken interpretations
of law or rules, made in determining permit conditions. For a permit
modification under this paragraph, when the request is initiated by a
permittee, the permittee shall cite the location of the alleged error or
interpretation, denote what the correction should be and provide a detailed
basis for the correction including any applicable regulatory citations or
calculations;
15. Inability to
achieve effluent limitations when the discharger has installed the treatment
technology considered by the Department in setting effluent limitations imposed
under section 402(a)(1) of the Federal Act and has properly operated and
maintained the facilities. The limitations in the modified permit shall reflect
the level of pollutant control actually achieved but shall not be less
stringent than required by a subsequently promulgated effluent limitations
guideline;
16. Inclusion of a plan
or compliance schedule for the management of septage or sludge in accordance
with the Statewide Sludge Management Plan;
17. Existence of cause for revocation under
N.J.A.C.
7:14A-16.6 where the Department determines
that modification or revocation and reissuance is instead
appropriate;
18. When the proposed
automatic transfer of a permit includes one or more of the causes for a major
modification under this section;
19. For changes in permit issuance and
renewal schedules to better manage the Department's workload and optimize its
resource and to facilitate issuing permits on a watershed basis;
20. For substitution of ambient monitoring
for compliance monitoring in order to gather data for issuing permits on a
watershed basis; or
21. For a small
MS4, to include an effluent limitation requiring implementation of one or more
control measures (or component(s) thereof) when:
i. The permit recognizes under
N.J.A.C.
7:14A-25.7(b) that another
governmental entity or the Department was responsible for implementing the
measure(s), or component(s) thereof; and
ii. The other governmental entity or the
Department does not implement the measure(s), or component(s)
thereof.
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