N.J. Admin. Code § 7:14A-13.12

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:14A-13.12 - Wet weather effluent limitations

(a) An applicant or permittee may request effluent limitations less stringent than those required by 7:14A-13.3, 13.4 or 13.6, which are applicable only during periods of excessive effluent flow due to precipitation events, provided one or more of the following criteria is met:

1. The facility receives excessive infiltration and inflow. In such cases the permit shall include the following conditions:

i. For effluent flows up to and including the hydraulic capacity of the facility, the effluent quality shall comply with applicable effluent limitations determined in accordance with 7:14A-13.3, 13.4 or 13.6;

ii. For effluent flow in excess of the hydraulic capacity of the facility, the quantity of flow greater than the hydraulic capacity shall receive treatment consisting of, at a minimum, screening and disinfection. Wherever practicable, treatment shall also include settling and, if applicable, dechlorination;

iii. A schedule in the permit addressing elimination of the excess inflow and/or infiltration; and

iv. The permittee shall consent to the provisions incorporating the permit conditions imposed in accordance with (a)1i through iii above prior to the issuance of the final discharge permit;

2. The facility qualifies for special consideration in accordance with 7:14A-12.3. In such cases the modification of effluent limitations and permit conditions shall be limited to that available in accordance with 7:14A-12.3; or

3. The facility receives flow from combined sewers. In such cases the permittee shall be required to maximize the flow to the treatment facility and minimize the flow through the combined sewer overflow. The permittee shall evaluate and implement options for eliminating the extraneous flow. The options to be explored shall include, but shall not be limited to, reducing or eliminating one or more overflows, providing a reduced level of treatment for a portion of the flow, and, in some cases, separation of the sanitary and storm sewers. The permit shall include a schedule addressing reduction or elimination of the excess flow as appropriate. Any discharge from combined sewer overflows shall be consistent with the USEPA final policy for combined sewer overflows. See 59 Fed. Reg. 18688 (April 19, 1994), which is incorporated at N.J.A.C. 7:14A-11 Appendix C.

(b) An applicant or permittee may request less stringent effluent limitations than those required by 7:14A-13.6, which are applicable only during periods of excessive precipitation, if the applicant or permittee completes a water quality study which demonstrates to the satisfaction of the Department that the effluent limitations will ensure attainment of the Surface Water Quality Standards at N.J.A.C. 7:9B and the discharge permit includes monitoring and/or reporting conditions to verify that modeling assumptions are valid when the wet weather limitations are applicable. At a minimum the water quality study shall be conducted in accordance with a QA/QC project work plan approved by the Department and shall include the following:

1. An evaluation of point and nonpoint sources of pollutants with impacts which overlap with the effects of the permittee's discharge, including the fate of pollutants of interest and cumulative or synergistic effects;

2. A statistical analysis of the relationships among hydraulic considerations such as waterbody flow, the quantity and intensity of the storm event, and effluent flow, influent water quality, effluent water quality, and ambient water quality;

3. The magnitude and duration of storm events which statistically correspond to the hydraulic capacity of the facility; and

4. The extent of effluent and receiving water mixing over the range of stream and effluent flows for which wet weather effluent limitations are requested.

N.J. Admin. Code § 7:14A-13.12