Current through Register Vol. 56, No. 18, September 16, 2024
(a) All permittees shall
report to the Department (and receiving DTW, if applicable) any noncompliance
including, but not limited to:
1. Any exceedance
of effluent limitation that:
i. Causes injury to
persons;
ii. Poses a threat to human
health;
iii. Causes damage to the
environment;
iv. Poses a threat to the
environment; or
v. Violates a daily
maximum effluent limitation for a toxic pollutant listed in N.J.A.C. 7:14A-4
Appendix A;
2. Any discharge
of any toxic or hazardous pollutant listed in N.J.A.C. 7:14A-4 Appendix A, which is
not covered under a permit;
3. Any upset
or an unanticipated bypass not otherwise covered in (a)1 or 2 above;
4. Any anticipated bypass; or
5. Any noncompliance with a standard for residual
use or disposal, whether or not a discharge has occurred.
(b) Any permittee discharging pollutants under the
conditions identified in (a) above shall comply with the reporting requirements in
this section. Any permittee with a discharge not otherwise covered in (a) above
shall comply with the reporting requirements relating to that type of discharge as
listed below.
(c) For the situations
listed in (a)1i through iv and 2, above, the permittee shall communicate the
information in (c)1 through 3 below by telephone to the DEP Hotline at
1-877-927-6337 or 1-877-WARN-DEP (and to the receiving DTW, if applicable) within
two hours of the commencement of the discharge or of the permittee's becoming aware
of the discharge. Any revision to this information for situations listed in (a)1i
through iv and 2 above shall be reported to the DEP Hotline within 24 hours after
the permittee's becoming aware of the need to revise the information.
1. A description of the discharge, including the
time of the discharge, the location of discharge, the volume of the discharge, the
concentration of pollutants discharged, and the receiving water of the
discharge;
2. Steps being taken to
determine the cause of the permit noncompliance; and
3. Steps being taken to reduce, remediate, and
eliminate the noncomplying discharge and any damage to the environment, and the
anticipated time frame to initiate and complete the steps to be taken.
(d) For the situations listed in (a)1v,
3 and 5 above, the permittee shall communicate the following information by
telephone to the DEP Hotline at 1-877-927-6337 or 1-877-WARN-DEP within 24 hours
after the commencement of the discharge or of the permittee's becoming aware of the
discharge:
1. A description of the discharge,
including the time of the discharge, the location of discharge, the volume of the
discharge, the concentration of pollutants discharged, and the receiving water of
the discharge;
2. Steps being taken to
determine the cause of the permit noncompliance;
3. Steps being taken to reduce, remediate, and
eliminate the noncomplying discharge and any damage to the environment, and the
anticipated time frame to initiate and complete the steps to be taken;
4. The duration of the discharge, including the
dates and times of the commencement and, for an unanticipated bypass, the dates and
times of the end or anticipated end of the discharge, and if the discharge has not
been corrected, the anticipated time when the permittee will correct the situation
and return the discharge to compliance;
5. The cause of the noncompliance;
6. Steps being taken to reduce, eliminate, and
prevent reoccurrence of the noncomplying discharge;
7. An estimate of the threat to human health or
the environment posed by the discharge; and
8. The measures the permittee has taken or is
taking to remediate the problem and any damage or injury to human health or the
environment, and to avoid a repetition of the problem.
(e) For the situations identified in (a)1 through
3 and 5 above, a written submission containing the information listed in (d) above
shall be submitted to the Department, if the permittee had not previously submitted
the information. The written information shall be sent to the person identified in
(h) below.
1. The permittee shall ensure that the
written submission required pursuant to this subsection is submitted to the
Department within five days of the commencement of the discharge or of the permittee
becoming aware of the discharge.
2. If
the permittee becomes aware that it has failed to submit any relevant facts or
submitted incorrect information required in (c) or (d) above, the permittee shall
immediately submit such facts or information to the Department.
(f) For the situations identified in (a)3 above,
the permittee shall ensure the person identified in (h) below receives the
information listed at (f)4 below as part of the written submission required pursuant
to (e) above, if not previously submitted, as follows:
1. For an unanticipated bypass, the information
listed at (f)4i through ii and iv through ix below.
2. For an upset, the information listed at (f)4i
and iii through vi below as applicable, is submitted to the Department, within the
five-day period.
3. If the permittee
becomes aware that it has failed to submit any relevant facts or has submitted
incorrect information pursuant to (d) above, the permittee shall immediately submit
such facts or information to the Department.
4. The following information shall be submitted as
required under this subsection:
i. All properly
signed, contemporaneous operating logs, or other relevant evidence, on the
circumstances of the noncompliance;
ii.
For an unanticipated bypass, the reasons that the unanticipated bypass occurred,
including the circumstances leading to the unanticipated bypass;
iii. For an upset, the reasons that the upset
occurred, including the cause of the upset and the identity of the person causing
the upset, as necessary, except that, in the case of a treatment works, the local
agency may certify that despite a good faith effort it was unable to identify the
cause of the upset or the person causing the upset;
iv. Evidence that the permittee was properly
operating the facility at the time;
v.
Evidence that the permittee submitted notice of the unanticipated bypass as required
pursuant to (a)3 above, or, in the case of an upset resulting from the performance
by the permittee of maintenance operations, the permittee provided prior notice and
received prior written approval from the Department, including the name, title,
address and telephone number of the individual who satisfied this requirement, the
date and specific time the individual notified the Department for the permittee, the
specific method that the individual used to notify the Department, and the name and
title of the individual within the Department to whom the permittee gave such
notice;
vi. Evidence that the permittee
complied with all remedial measures the Department required;
vii. For an unanticipated bypass, the permittee's
rationale for and all supporting documentation that the bypass was unavoidable to
prevent loss of life, personal injury, or severe property damage, including the
name, title, address and telephone number of the individual that made the
determination for the permittee, the data and information upon which that individual
made the determination and any other information the Department requests;
viii. For an unanticipated bypass, evidence that
there was no feasible alternative to the unanticipated bypass, including but not
limited to the use of auxiliary treatment facilities, retention of untreated wastes,
or maintenance during normal periods of downtime; and
ix. For an unanticipated bypass, evidence that the
unanticipated bypass did not occur during normal periods of equipment downtime or
preventive maintenance when back-up equipment should have been installed to avoid
the unanticipated bypass.
(g) For the situations identified in (a)4 above,
the permittee shall submit the information below to the person identified in (h)
below at least 10 days, if possible, prior to the date of the anticipated bypass.
1. The exact dates and times of the anticipated
commencement and the end of the anticipated bypass;
2. The permittee's rationale as to why the
anticipated bypass is necessary;
3. A
statement certifying that the permittee will properly operate the facility at the
time of the anticipated bypass;
4. A
statement certifying that the anticipated bypass is unavoidable to prevent loss of
life, personal injury, or severe property damage, including the name, title, address
and telephone number of the individual that made this determination for the
permittee, the data and information upon which that individual made the
determination, and any other information the Department requests;
5. A statement certifying that there is no
feasible alternative to the anticipated bypass, including but not limited to the use
of auxiliary treatment facilities retention of untreated wastes, or maintenance
during normal periods of equipment downtime; and
6. A statement certifying that the anticipated
bypass will not occur during normal periods of equipment downtime or preventive
maintenance when backup equipment can be installed to avoid the anticipated
bypass.
(h) The permittee
shall submit all written notifications and/or reports required pursuant to this
section to:
Administrator of Water Compliance and Enforcement Element
New Jersey Department of Environmental Protection
401 East State Street, 4th Floor East
PO Box 422
Trenton, New Jersey 08625-0422
(i) For a serious violation, as defined in
7:14A-1.2, a person shall, within 30
days of the violation, submit a written report to the person listed in (h) above or
the appropriate control authority. The report shall include the following:
1. All the information required in (d) above, if
not already submitted; and
2. A written
statement that:
i. Indicates the person
understands the civil and administrative penalties required to be assessed for
serious violations; and
ii. Explains the
nature of the serious violation.
(j) The permittee shall report all instances of
noncompliance not reported under this section at the time MRFs are regularly
submitted. The reports shall contain the information required pursuant to (d)
above.
