N.J. Admin. Code § 7:9B-1.5
Current through Register Vol. 56, No. 9, May 6, 2024
Section 7:9B-1.5 - Statements of policy(a) General policies are as follows: 1. These Surface Water Quality Standards apply to all surface waters of the State.2. Water is vital to life and comprises an invaluable natural resource which is not to be abused by any segment of the State's population or economy. It is the policy of the State to restore, maintain and enhance the chemical, physical and biological integrity of its waters, to protect the public health, to safeguard the aquatic biota, protect scenic and ecological values, and to enhance the domestic, municipal, recreational, industrial, agricultural and other reasonable uses of the State's waters.3. The restoration, maintenance and preservation of the quality of the waters of the State for the protection and preservation of public water supplies is a paramount interest of the citizens of New Jersey. In order to provide adequate, clean supplies of potable water, it is the policy of the State that all fresh waters be protected as potential sources of public water supply. Therefore, point and nonpoint sources of pollutants shall be regulated to attain compliance with the Surface Water Quality Standards human health criteria outside of regulatory mixing zones.4. Toxic substances in waters of the State shall not be at levels that are toxic to humans or the aquatic biota, or that bioaccumulate in the aquatic biota so as to render them unfit for human consumption.5. The introduction of carcinogenic, mutagenic, or teratogenic substances into the environment is of particular concern to the Department. Human health-based ambient criteria have been established in freshwaters due to consumption of fish and water, and in saline water due to consumption of fish. For carcinogens, the criteria have been established at levels which would result in no greater than a one-in-one-million lifetime excess cancer risk. For non-carcinogens, the criteria have been established which would result in no appreciable risk of deleterious effect.6. Existing uses shall be maintained and protected. Designated uses shall, as soon as technically and economically feasible, be attained wherever these uses are not precluded by natural conditions. Where existing criteria are inadequate to support the existing or designated uses, the criteria shall be changed to support the existing uses.7. The restoration of saline waters to levels which permit unrestricted shellfish harvesting is an objective of the Department.8. The Department encourages the use of reclaimed water for beneficial reuse to help preserve the highest quality water and reduce the export of freshwater out of basins in support of meeting water supply needs and natural resource protection.9. The Department uses the Integrated Water Quality Monitoring and Assessment Methods developed pursuant to N.J.A.C. 7:15-5.2 to evaluate water quality data and identify waters where water quality does not meet the Surface Water Quality Standards in this chapter as required by Section 303(d) and 305(b) of the Federal Clean Water Act.(b) Interstate waters policies are as follows:1. The designated uses and water quality criteria for the fresh and saline waters under the jurisdiction of the Delaware River Basin Commission shall be as established in accordance with N.J.A.C. 7:9B-1.13 and 1.14(c) through (g).2. The designated uses and water quality criteria for waters under the jurisdiction of the Interstate Environmental Commission in the New Jersey/New York metropolitan area shall be as established in this subchapter, or in accordance with the prevailing Water Quality Regulations of the Interstate Environmental Commission, including all amendments and future supplements thereto, whichever are more stringent.(c) General technical policies are, as follows: 1. The natural water quality shall be used in place of the promulgated water quality criteria of N.J.A.C. 7:9B-1.14 for all water quality characteristics that do not meet the promulgated water quality criteria as a result of natural causes.2. Water quality criteria are expected to be maintained during periods when nontidal or small tidal stream flows are at or greater than the MA7CD10 flow, except as provided below: i. For acute aquatic life protection criteria, the design flow shall be the MA1CD10 flow;ii. For chronic aquatic life protection criteria for ammonia, the design flow shall be the MA30CD10 flow; andiii. For human health criteria for carcinogens listed at N.J.A.C. 7:9B-1.14(f)7, the design flow shall be the flow which is exceeded 75 percent of the time for the appropriate "period of record" as determined by the United States Geological Survey.3. Water quality criteria are expected to be maintained in intermittent streams during all natural flow conditions. When an intermittent stream does not contain natural flow of sufficient magnitude to determine water quality, the criteria to be maintained in the intermittent stream will be those pertaining to the measurable natural flow immediately downstream of the intermittent stream.4. All analytical data to be incorporated by the Department in water quality monitoring or other activities shall be from laboratories approved or certified by the Department for the analysis of those specific parameters. If certification is not offered for the specific parameter, the laboratory performing the analysis shall, at a minimum, hold certification in the category of certification covering that type of parameter.5. The Department shall utilize the parameter specific criteria contained in N.J.A.C. 7:9B-1.14 in the development of chemical specific water quality based effluent limitations for point source discharges. Whenever parameter specific criteria have not been adopted, the Department will utilize the best available scientific information in the development of chemical specific water quality based effluent limitations for point source discharges. Ambient criteria published by the United States Environmental Protection Agency pursuant to section 304(a) of the Federal Clean Water Act represent the minimum acceptable best scientific information to be used in the development of water quality based effluent limitations for point source discharges.6. When the Department promulgates a new or revised maximum contaminant level (MCL) in the Safe Drinking Water Act rules at N.J.A.C. 7:10 for a parameter for which there is an established human health based criterion at N.J.A.C. 7:9B-1.14(f)7, the Department shall modify the human health based criterion based on the toxicity factor used to establish the MCL and shall incorporate the modified criterion into N.J.A.C. 7:9B-1.14(f)7. The Department shall publish a notice of administrative change in the New Jersey Register.7. The Department shall utilize a geometric mean to assess compliance with the bacterial quality indicators at N.J.A.C. 7:9B-1.14(d)1 ii and iii. The Department shall issue beach notifications, in accordance with N.J.A.C. 8:26.8. The Department shall implement the geometric mean and statistical threshold values (STV), where applicable, for bacterial quality criteria established at N.J.A.C. 7:9B-1.14(d)1 ii and iii, over a 30-day period in the NJPDES permits, in accordance with N.J.S.A. 58:10A-3 and N.J.A.C. 7:14A-13.15(a)2.9. Temperature criteria at N.J.A.C. 7:9B-1.14(d) apply unless an alternative effluent limitation is approved in accordance with Section 316(a) of the Clean Water Act, 33 U.S.C. § 1326(a). i. Properly treated wastewater discharge shall be deemed in compliance with the temperature criteria if the ambient stream temperature measured outside the regulatory heat dissipation area does not increase by more than:(1) 0.6 degrees Celsius in FW2-TP waters;(2) 1.2 degrees Celsius in FW2-TM waters;(3) 2.8 degrees Celsius in FW2-NT waters;(4) 2.2 degrees Celsius in SE and SC waters from September through May; and(5) 0.8 degrees Celsius in SE and SC waters from June through August.ii. Thermal alterations to lakes, ponds, or reservoirs shall not be permitted unless it can be shown to be beneficial to the designated and existing uses.(d) Antidegradation policies applicable to all surface waters of the State are as follows: 1. Existing uses shall be maintained and protected. Designated uses shall be maintained or, as soon as technically and economically feasible, be attained wherever these uses are not precluded by natural conditions.i. The maintenance, migration, and propagation of threatened or endangered species (as defined under the Federal Endangered Species Act of 1973 as amended, 16 U.S.C. §§ 1531 et seq., and/or the New Jersey Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-1 et seq.) is considered an existing use that must be maintained.ii. No irreversible changes may be made to existing water quality that would impair or preclude attainment of the designated uses of a waterway.iii. No changes shall be allowed in waters which constitute an outstanding National or State resource or in waters that may affect these outstanding resource waters.iv. Where water quality exceeds levels necessary to support the designated uses, including, but not limited to, propagation of fish, shellfish, and wildlife and recreation in and on the water, that quality shall be maintained and protected unless the Department finds, after full satisfaction of the intergovernmental coordination and public participation provisions of the Department's continuing planning process (see N.J.A.C. 7:15-2.2), which includes, but is not limited to, the NJPDES Regulations (N.J.A.C. 7:14A), that allowing lower water quality is necessary to accommodate important economic or social development in the area in which the waters are located.v. Where a lower classification of water (including the different antidegradation waters) may impinge upon a higher classification/antidegradation of water, the Department shall ensure that the quality and uses of the higher classification/antidegradation water are protected.vi. A waterway or waterbody from which water is transferred to another waterway or waterbody shall be treated as a tributary to the waterway or waterbody receiving the transferred water.vii. Modifications of water quality-based effluent limitations established to implement this antidegradation policy may be granted pursuant to N.J.A.C. 7:9B-1.8 and 1.9.2. Antidegradation policies applicable to a waterbody are as follows:i. The quality of nondegradation waters shall be maintained in their natural state (set aside for posterity) and shall not be subject to any manmade wastewater discharges. The Department shall not approve any activity, which, alone or in combination with any other activities, might cause changes, other than toward natural water quality, in the existing surface water quality characteristics.ii. For Pinelands waters, the Department shall not approve any activity which alone or in combination with any other activities, might cause changes, other than toward natural water quality, in the existing surface water quality characteristics. This policy shall apply as follows: (1) This policy is not intended to interfere with water control in the operation of cranberry bogs or blueberry production.(2) New or expanded discharges are not allowed, unless authorized by the Pinelands Commission in accordance with Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-4.61 through 4.70.iii. Category One Waters shall be protected from any measurable changes (including calculable or predicted changes) to the existing water quality. Water quality characteristics that are generally worse than the water quality criteria, except as due to natural conditions, shall be improved to maintain or provide for the designated uses where this can be accomplished without adverse impacts on organisms, communities or ecosystems of concern.iv. For Category Two Waters, water quality characteristics that are generally better than, or equal to the water quality standards shall be maintained within a range of quality that shall protect the existing/designated uses as determined by studies acceptable to the Department, relating existing/designated uses to water quality. Where such studies are not available or are inconclusive, water quality shall be protected from changes that might be detrimental to the attainment of the designated uses or maintenance of the existing uses. Water quality characteristics that are generally worse than the water quality criteria shall be improved to meet the water quality criteria.v. For waters of mainstem of the Delaware River designated as Special Protection Waters pursuant to the DRBC Water Quality Regulations Article 3 Section 3.10.3A2, the antidegradation policies are as specified in the DRBC Water Quality Regulations.(e) Water quality-based effluent limitation policies are as follows:1. Water quality-based effluent limitations may be established so as to minimize total expenditures, subject to social and environmental constraints, so that the provisions of the water quality standards (which includes the antidegradation policies) are met. This policy may result in the assignment of different levels of treatment to different dischargers where this proves more beneficial on a study area basis.2. Modifications of water quality-based effluent limitations established to implement the water quality standards (which includes the antidegradation policies) granted pursuant to N.J.A.C. 7:9B-1.8 and 1.9, shall provide for effluent limits at least as stringent as those required pursuant to sections 301, 306, and 307 of the Federal Clean Water Act or the minimum BOD[5] effluent standards at N.J.A.C. 7:14A-12.4, where applicable, whichever are more stringent.3. Water quality-based effluent limitations developed in accordance with N.J.A.C. 7:14A-13.6 shall not interfere with the attainment of the Surface Water Quality Standards, including the antidegradation policies.4. When a discharge is made to a tidal waterway in the reach where the salinity varies from less than 3.5 ppt. to greater than 3.5 ppt., or the salinity data are inconclusive, the Department shall establish as water quality-based effluent limitations the more stringent of the limitations, on a parameter specific basis, required for the upstream FW waters or the downstream SE waters.5. Where the effluent limitations developed pursuant to N.J.A.C. 7:14A-13.6 are below the level of detectability of the procedures in N.J.A.C. 7:18, the Department will use an effluent limitation of nondetectable in any NJPDES permit.6. Compliance schedules may be issued in accordance with N.J.A.C. 7:14A-6.4 when it is demonstrated by a discharger that new or revised water quality-based effluent limitations, based on ambient criteria adopted or revised after July 1, 1977, cannot be consistently met with the facility's existing treatment process. No schedule of compliance may be allowed for parameter specific water quality-based effluent limitations where the parameter specific ambient water quality criterion, which was the basis for developing that limitation, was adopted prior to July 1, 1977, and has not been revised since adoption.7. The Department may require characterization monitoring in NJPDES permits for mercury and PCBs using the USEPA approved method 1631 for mercury (Guidelines Establishing Test Procedures for the Analysis of Pollutants; Measurement of Mercury in Water; Revisions to EPA Method 1631, 40 CFR 136, Fed. Reg. 67:65876, October 29, 2002), incorporated herein by reference, as amended and supplemented, available at http://www.epa.gov/waterscience/methods/1631.html, and method 1668A for PCBs (Method 1668, Revision A: Chlorinated Biphenyl Congeners in Water, Soil, Sediment, and Tissue by HRGC/HRMS.EPA-821-R-00-002, December 1999), incorporated herein by reference as amended and supplemented, available at http://www.epa.gov/Region8/water/wastewater/biohome/biosolidsdown/methods/1668a5.pdf.(f) Whole Effluent Toxicity Requirements shall be established for NJPDES point sources in accordance with N.J.A.C. 7:14A-13.6(d).(g) Nutrient policies are as follows: 1. These policies apply to all waters of the State.2. The Department may develop watershed-specific translators or site-specific criteria through a Total Maximum Daily Load (TMDL). Site specific criteria shall be incorporated at N.J.A.C. 7:9B-1.14(g).3. The Department shall establish water quality based effluent limits for nutrients, in addition to or more stringent than the effluent standard in N.J.A.C. 7:14A-12.7, as necessary to meet a wasteload allocation established through a TMDL, or to meet the criteria at N.J.A.C. 7:9B-1.14(d)4.4. Activities resulting in the nonpoint discharge of nutrients shall implement the best management practices determined by the Department to be necessary to protect the existing or designated uses.(h) A permittee may request that a regulatory mixing zone be established by the Department for applicable criteria except as otherwise provided in this section. Regulatory mixing zones may be evaluated as part of the development of water quality-based effluent limitation(s) to provide for the initial dispersion of the effluent in the receiving water body at or near the discharge point. 1. The following are the general conditions for establishing regulatory mixing zones: i. Regulatory mixing zones shall be established in accordance with this subsection;ii. Water quality criteria may be exceeded within the regulatory mixing zone; however, surface water quality criteria must be met at the edge of the regulatory mixing zone;iii. The regulatory mixing zone shall be no larger than that portion of the receiving water where complete mixing occurs;iv. Regulatory mixing zones shall not be used for, or considered as a substitute for, minimum treatment technology required by the Federal and State Acts or other applicable Federal or State laws or regulations;v. Regulatory mixing zones shall be established to assure that significant mortality does not occur to free swimming or drifting organisms;(1) In individual regulatory mixing zones, discharges which meet acute effluent toxicity of LC[50] >/= 50 percent shall be deemed to comply with this requirement.(2) In cases of extended regulatory mixing zones resulting from multiple, conjoined individual regulatory mixing zones, site-specific studies to demonstrate no significant mortality shall be required, taking into account factors including, time of travel, concentration, and the toxicity of the parameters in question;vi. The existing and designated uses outside the regulatory mixing zone shall not be adversely affected;vii. The total area and volume of a waterbody assigned to a regulatory mixing zone shall be limited to that which will not adversely affect beneficial uses or interfere with biological communities or populations of important species (for example, commercially or recreationally significant species; or threatened or endangered species);viii. Regulatory mixing zones, including those for shore hugging plumes, shall not extend into recreational areas, potable surface water intakes (1,500 feet upstream and 500 feet downstream or to the farthest point of backwatering due to the intake, whichever is more protective), shellfish harvesting areas, threatened or endangered species habitat, and other important biological or natural resource areas;ix. The regulatory mixing zone shall not inhibit or impede the passage of aquatic biota; andx. Overlapping regulatory mixing zones shall not inhibit or impede the passage of aquatic biota.2. Spatial limitations for regulatory mixing zones delineate the maximum area in which the initial mixing may occur. A site-specific study performed in accordance with (h)3 below will be used to determine dilution in tidal water bodies and in nontidal water bodies where mixing is not shown to be rapid and complete. A maximum area shall be applied in any one of the following four situations: i. Heat dissipation areas shall be established as follows:(1) For discharges to FW2-NT, FW2-TM, and SE waters, not more than one-quarter of the cross section and/or volume of the water body at any time or more than two-thirds of the surface from shore to shore at any time.(2) For discharges to lakes, ponds, reservoirs, bays or coastal waters, the heat dissipation areas shall be developed on a case-by-case basis.(3) A discharger may be granted a larger heat dissipation area pursuant to Section 316(a) of the Clean Water Act, 33 U.S.C. § 1326.ii. For discharges to tidal water bodies: (1) Regulatory mixing zones for chronic and human health criteria are limited to one fourth of the distance between the discharge port closest to the shoreline and the shoreline during average tidal conditions, or 100 meters, whichever is greater; and(2) Regulatory mixing zones for acute criteria are limited by the distances calculated in accordance with the USEPA "Technical Support Document For Water Quality-Based Toxics Control" USEPA, EPA/505/2-90-001, March 1991, incorporated herein by reference. In no case shall a regulatory mixing zone for acute criteria extend more than 100 meters from the discharge point or include more than five percent of the total surface area of a water body based on critical ambient tidal conditions during low slack, astronomical spring tide for the applicable exposure period.iii. For discharges to non-tidal water bodies:(1) Regulatory mixing zones for chronic and human health criteria shall be based on the design flows at (c)2 above. If rapid, complete mix is demonstrated, the entire available design flow may be used in dilution calculations. If rapid, complete mix is not demonstrated, only that portion of the design flow that can be demonstrated to mix with the effluent within 100 meters from the discharge point may be used in dilution calculations; and(2) Regulatory mixing zones for acute criteria shall be based on the MA1CD10 design flow. If rapid, complete mix is demonstrated, the entire available design flow may be used in dilution calculations. If rapid, complete mix is not demonstrated, only that portion of the design flow that can be demonstrated to mix with the effluent within a downstream distance calculated in accordance with the USEPA "Technical Support Document For Water Quality-Based Toxics Control" USEPA, EPA/505/2-90-001, March 1991 may be used. In no case shall a regulatory mixing zone for acute criteria extend more than 100 meters from the discharge point or include more than five percent of the total surface area of a water body based on the design flow.iv. Site-specific spatial dimensions of the regulatory mixing zone for an approved multiport diffuser shall be determined by the Department. The dimensions of the site-specific regulatory mixing zone and the allowable dilution at the edge of the regulatory mixing zone may be established using appropriate diffuser models (for example, CORMIX, PLUMES), tracer studies, or other field studies approved by the Department in accordance with (h)3 below.3. A regulatory mixing zone study shall be conducted in accordance with a workplan pre-approved by the Department. General protocols for conducting mixing zone studies are described in the USEPA "Technical Support Document For Water Quality-Based Toxics Control" USEPA, EPA/505/2-90-001, March 1991. In addition, the following principles apply: i. The design flows to be used in calculating available dilution in nontidal waters shall be based on the design flows specified at (c)2 above; andii. In tidal waters, the regulatory mixing zone for an acute criteria shall be based on critical ambient tidal conditions during low slack, astronomical spring tide for the applicable exposure period. Regulatory mixing zones for chronic and human health criteria shall be based on average conditions during a normal tidal cycle.4. In order to determine waste load allocations and NJPDES/DSW permit effluent limitations that will comply with the regulatory mixing zone requirements, instream pollutant concentrations at the boundary of the regulatory mixing zone shall be determined as follows: i. The instream concentrations shall be determined using either a general mass balance equation or a mathematical model, if available; or the information generated during the course of a study as described at (h)2 above.ii. If the regulatory mixing zone is based upon the guidance and procedures in the USEPA "Technical Support Document For Water Quality-Based Toxics Control" USEPA, EPA/505/2-90-001, March 1991, the Technical Support Document will also be used to determine instream concentrations at the boundary of the regulatory mixing zone.5. Regulatory mixing zones are prohibited as follows: i. For indicators of pathogenic quality, including fecal coliform, E. Coli and enterococci;ii. In intermittent streams;iii. For new or increased discharges to lakes, ponds, and reservoirs;iv. For discharges to areas of waters with documented occurrences of any threatened or endangered species listed pursuant to the Federal or State Threatened and Endangered Species Acts (Endangered Species Act of 1973, 16 U.S.C. §§ 1531 et seq.; New Jersey Endangered and Non Game Species Conservation Act of 1973, N.J.S.A. 23:2A-1 et seq.; or the Endangered Plant Species List Act, N.J.S.A. 13:1B-15.151 et seq.), if those discharges would likely have an adverse effect on the species or its associated habitat;v. For heat dissipation areas in FW2-TP waters;vi. For heat dissipation areas within 1,500 feet of the shoreline in SC waters;vii. For new discharges of the following pollutants:(1) alpha-BHC (alpha-HCH);(3) gamma-BHC (gamma HCH/Lindane);(10) Hexachlorobutadiene;(14) Polychlorinated biphenyls (PCBs);(15) 1,2,4,5-Tetrachlorobenzene;(16) 2,3,7,8-Tetrachlorodibenzo-p-dioxin (TCDD); andviii. For new or expanded discharges, within 1,500 feet upstream of a potable surface water intake (including any reservoir) and 500 feet downstream or to the farthest point of backwatering due to the intake, whichever is more protective.N.J. Admin. Code § 7:9B-1.5
Amended by R.1989 d.420, effective 8/7/1989.
See: 20 N.J.R. 1597(a), 21 N.J.R. 2302(b).
Amended by R.1993 d.610, effective 12/6/1993.
See: 24 N.J.R. 3983(a), 25 N.J.R. 5569(a).
Amended by R.1994 d.84, effective 2/22/1994.
See: 25 N.J.R. 405(a), 26 N.J.R. 1124(a).
Amended by R.1998 d.234, effective 5/18/1998.
See: 29 N.J.R. 5128(a), 30 N.J.R. 1778(a).
In (c), added a new 6; in (e), deleted former 2 through 4, recodified former 5 as 2, inserted a new 3 and recodified former 6 through 8 as 4 through 6; and in (f), deleted former 4 and recodified former 5 as 4.
Administrative correction.
See: 31 N.J.R. 42(a).
Amended by R.2002 d.19, effective 1/22/2002.
See: 32 N.J.R. 4397(a), 34 N.J.R. 537(a).
Rewrote the section.
Administrative change.
See: 34 N.J.R. 1902(a).
Amended by R.2006 d.372, effective 10/16/2006.
See: 37 N.J.R. 3480(a), 4121(a), 4368(a), 38 N.J.R. 4449(a).
Rewrote (a)5; in (b)1, substituted "7:9B-1.13 and 1.14(c) through (g)" for "7:9B-1.13, 1.14(c), and 1.14(d)"; in (b)2, substituted "Environmental" for "Sanitation" two times; rewrote (c)2; added (c)7, (c)8 and (e)7; and rewrote (h)2i.
Amended by R.2009 d.372, effective 12/21/2009.
See: 41 N.J.R. 1565(a), 41 N.J.R. 4735(a).
Rewrote the section.
Amended by R.2011 d.031, effective 1/18/2011.
See: 41 N.J.R. 4587(a), 43 N.J.R. 174(b).
In (g)1, deleted "FW" preceding "waters"; deleted (g)2; recodified (g)3 through (g)5 as (g)2 through (g)4; and in (g)3, updated the N.J.A.C. reference.
Administrative change and correction.
See: 51 N.J.R. 613(b).Amended by 55 N.J.R. 1722(a), effective 8/7/2023