New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM
Subchapter 6 - CONDITIONS APPLICABLE TO ALL NJPDES PERMITS
Section 7:14A-6.14 - Emergency permits
Universal Citation: NJ Admin Code 7:14A-6.14
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Under the specified circumstances listed in (b) below, the Department may issue an emergency permit, except for a DSW, to allow the discharge of pollutants, where such discharge is unpermitted or the discharge consists of pollutants not covered by an effective permit.
(b) The Department may issue an emergency permit to allow the activities listed in (a) above only after making a finding that:
1. An imminent and substantial
endangerment to human health or the environment will result unless an emergency
permit is granted;
2. A substantial and
irretrievable loss of oil or gas resources will occur unless an emergency permit is
granted to a Class II well under UIC program; and
i. Timely application for a regular permit could
not practicably have been made; and
ii.
The injection will not result in the movement of fluids into underground sources of
drinking water; or
3. A
substantial delay in production of oil or gas resources will occur unless an
emergency permit is granted to a new Class II well under the UIC program, and the
authorization will not result in the movement of fluids into an underground source
of drinking water.
(c) The requirements for issuance of any emergency permit are as follows:
1. The Department may issue an emergency permit by
either oral or written permission from the Director. Oral permission shall be
followed within five days by a written emergency permit.
2. The Department may issue an emergency permit
for any duration not to exceed 180 days, except:
i. That underground injections temporarily
permitted in order to prevent an imminent and substantial endangerment to the health
of persons shall be for a term no longer than required to prevent the hazard, or 90
days, whichever is less.
ii. That land
application of municipal or nonhazardous sludge temporarily permitted in order to
prevent an imminent and substantial endangerment to public health shall be for a
term no longer than that required to prevent the hazard, or 180 days, whichever is
less.
iii. That storage of municipal or
non-hazardous sludge temporarily permitted in order to prevent an imminent and
substantial endangerment to public health shall be for a term no longer than that
required to prevent the hazard, or one year, whichever is less.
3. The Department shall clearly specify in the
emergency permit the following:
i. The wastes to
be received and disposed of under the emergency permit;
ii. The manner and location of the treatment,
storage, disposal, or injection of wastes;
iii. The rate, quantity, and quality of pollutants
to be discharged; and
iv. The monitoring
and applicable reporting requirements which is required.
4. The Department may immediately suspend or
revoke the emergency permit at any time following a determination that such action
is appropriate to protect human health and the environment.
5. The Department shall publish, along with the
emergency permit, a public notice of the emergency permit pursuant to
7:14A-15.10, including:
i. The name and address of the office granting the
emergency authorization;
ii. The name
and location of the permitted facility;
iii. A brief description of the wastes
involved;
iv. A brief description of the
action authorized and reasons for authorizing it; and
v. The duration of the emergency permit.
6. The Department shall issue an
emergency permit regarding injections only after a complete NJPDES permit
application has been submitted. The emergency permit shall only be effective until
final action is taken on the NJPDES permit application.
7. The Department shall condition the emergency
permit regarding injection under the UIC program in any manner that the Department
determines is necessary to ensure that the injection shall not result in the
movement of fluids into an underground source of drinking water.
8. The Department shall incorporate in the
emergency permit, to the extent possible and not inconsistent with the emergency
situation, all applicable requirements of this chapter and 40 CFR Parts 264 and
266.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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