Current through Register Vol. 56, No. 18, September 16, 2024
(a) A treatment works
approval from the Department is not required for the following activities:
1. Building, installing, modifying or operating
any sewer lateral (whether forced or by gravity), which will convey less than 8,000
gallons per day of projected flow;
2.
Building, installing, modifying or operating any wastewater pumping equipment which
utilizes a lateral force main connection, whether publicly or privately owned, to
serve a facility whose projected flow is less than 8,000 gallons per day;
3. Except as provided at
7:14A-22.3(a)5,
building, installing, operating or modifying an individual subsurface sewage
disposal system where the aggregate projected flow of the facility, using the
criteria established in N.J.A.C. 7:9A, is less than or equal to 2,000 gallons per
day of sanitary sewage. Treatment works for such facilities are regulated pursuant
to N.J.A.C. 7:9A, Standards for Individual Subsurface Sewage Disposal
Systems;
4. For existing facilities, and
regardless of current flow, aggregate increases in the projected flow of less than
8,000 gallons per day over a five year period resulting from internal plumbing
modifications, building additions, renovations or changes in use of a facility,
providing that the project does not involve construction of a sewer extension or
other treatment works which requires a permit pursuant to N.J.A.C. 7:14A-22.3.
i. In sewer ban areas, this exception shall not be
construed to exempt the need for a sewer ban exemption prior to construction, if
required pursuant to this subchapter;
ii. This exception does not apply to projects
served by individual subsurface disposal systems or small treatment plants (less
than 150,000 gpd) that discharge to groundwater;
5. Rehabilitation or the replacement of existing
sewer lines providing that the diameter and location of the sewer line will remain
unchanged and providing that the slope is either unchanged or changed only as
necessary to bring an existing below-slope sewer into conformance with minimum (or
greater) Department design standards.
6.
The replacement of worn, damaged, defective or inoperable wastewater pumps, sewage
treatment units or components of residuals treatment and storage units providing
that the capacity and location of the pumps or treatment units to be replaced will
not change and the replacement treatment unit or wastewater pump station will be
utilized to perform the same function as the former unit;
i. Existing pumping stations whose capacity is
increased through a change in impeller size only, with no other modifications, do
not require a treatment works approval.
7. Minor modifications of treatment works
including, but not limited to, chemical addition for the purpose of improving
performance and/or odor control (provided no treatment unit construction is to be
undertaken), and modifications to treatment units for repair, maintenance or
monitoring providing that the treatment process is not altered;
8. Residuals spreading and injection equipment to
be utilized to disperse residuals at NJPDES permitted and exempted operations for
land application of residuals;
9. The
following mobile (not stationary) residuals storage installations:
i. Frac tanks except when fixed into
position;
ii. Tanker trailers;
and
iii. Roll-off containers;
10. Mobile street sweepers and
payloaders utilized to collect and move residuals at NJPDES permitted and exempted
residual operations;
11. Provisions for
emergency storage of residuals provided said storage is less than 180 days in
duration and in accordance with Part 4-VIII of the Statewide Sludge Management
Plan;
12. Building, installing,
operating or modifying handling equipment or storage units for marketable residual
products; or
13. Building, installing,
operating or modifying a treatment works for a groundwater recovery and reinjection
system which is performed under the authority of the Administrative Requirements for
the Remediation of Contaminated Sites, N.J.A.C. 7:26C.
(b) In addition to (a) above, a treatment works
approval or general industrial treatment works approval will not be required for the
following facilities:
1. Building, installing,
operating or modifying any industrial treatment works discharging into a publicly
owned treatment works and located in an area of the State for which the Department
is not the control authority (delegated area) for the industrial pre-treatment
program pursuant to 40 CFR 403 and N.J.A.C. 7:14A-19;
i. Projects involving the construction of a sewer
extension require a treatment works approval for the conveyance aspects only and are
subject to the conditions of
7:14A-22.8;
ii. Projects involving additional flow through an
existing sewer line of 8,000 gpd or more require a treatment works approval for the
conveyance aspects only and may be considered under the provisions of
7:14A-22.6;
2. Building, installing, operating or modifying an
American Petroleum Institute approved gravity oil/water separator, a retention or
detention basin, sand traps or sediment traps that are installed routinely in
facilities such as car washes, truck wash bays and other similar discharges, when
these systems are authorized under a general NJPDES permit, have been determined not
to require a NJPDES permit, or are exempted from obtaining a NJPDES permit pursuant
to this chapter or are stormwater management facilities (see (b)3v below);
3. Building, installing, operating or modifying
any of the following activities or facilities:
i.
Grease traps for use in restaurants;
ii.
Cooling towers for non-contact water/heat exchange units and necessary associated
appurtenances;
iii. Holding tanks for
wastewater which is solely industrial in nature and the amount to be hauled to a
treatment works will be less than 8,000 gallons per day, and the tank will have a
total volume of 21,000 gallons or less;
iv. Recycling systems for industrial waste only,
which do not discharge directly to the surface water or ground water;
v. Stormwater management facilities, including but
not limited to retention basins, detention basins, and oil/water separators that
prevent, abate, reduce, collect, convey, store, treat, dispose of, or otherwise
manage stormwater runoff;
vi. Any part
of a separate storm sewer system; or
vii. Treatment units used for pretreatment of
water for use in an on-going manufacturing process at the industrial
facility;
4. Mobile treatment
works to be specifically utilized for the treatment of water in relation to a
short-term pump test or dewatering associated with an underground storage tank
project authorized under a NJPDES category B4B General permit;
5. Building, installing, modifying or operating
any system for discharges to ground water that are authorized by permit-by-rule in
accordance with 7:14A-7.5 or 8.5; or
6. Process units for the sole purpose of treating
effluent to achieve a higher quality RWBR than what is required by the NJPDES permit
and the onsite distribution system located at the facility where the RWBR is to be
utilized.
(c) Notwithstanding
the terms of (a) and (b) above, the Department shall have the authority to regulate,
at its discretion, any sewer connection or other domestic or industrial treatment
works when a sewer connection ban exists or a health emergency so
requires.
(d) The lack of a need to
obtain a treatment works approval in accordance with this section does not relieve
the project owner and/or sewerage authority from the responsibility to comply with
all requirements of a NJPDES discharge permit. The responsibility of determining
that additional flows to the treatment works will not result in any unpermitted
discharge or NJPDES permit violation rests with the owner of the collection system
and treatment facility.
(e) For projects
in which flow is the determining factor for the requirement of a treatment works
approval permit pursuant to this section, the projected flow criteria specified in
7:14A-23.3 shall be used.