N.J. Admin. Code § 7:14A-13.17

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

Section 7:14A-13.17 - Toxicity reduction evaluations

(a) Toxicity reduction requirements shall be included in discharge permits which include a whole effluent toxicity limitations as follows:

1. When a minimum of two tests out of six consecutive whole effluent toxicity tests demonstrate that the effluent does not comply with the effluent limitation, the permittee shall initiate toxicity reduction implementation requirements.

2. Where an exceedance of the permit limit is directly caused by a documented facility upset, or other unusual event which has been identified and appropriately remedied by the permittee, test data collected during the period of upset may be eliminated when determining the necessity of initiating the following toxicity reduction implementation requirements.

3. Toxicity reduction requirements apply to limitations that are in effect or become effective during the term of the permit.

4. The permittee shall conduct a tiered investigation as specified below:

i. Within 30 days of the close of the monitoring period which contained the second violation specified in (a)1 above, the permittee shall initiate the toxicity characterization phase of monitoring consisting of increased monitoring frequency for a total of 12 additional tests, as follows:

(1) For major facilities, monthly effluent monitoring; and

(2) For minor facilities, semi-monthly effluent monitoring.

ii. Upon the third exceedance of the toxicity limit for a major facility or upon the fourth exceedance of the toxicity limit for a minor facility of the tests conducted during the characterization phase, a preliminary toxicity identification shall be conducted, which includes (a)4ii(1) through (5) below as applicable to a specific facility. This preliminary toxicity identification shall be completed within 15 months of completing the toxicity characterization phase:

(1) Treatment plant performance evaluation;

(2) Pretreatment program information;

(3) Evaluation of levels of ammonia-N and chlorine produced oxidants and their effect on the toxicity of the discharge;

(4) Evaluation of chemical use and processes at the facility; and

(5) Evaluation of incidental facility procedures (such as washing of floors and chemical spill disposal) which may contribute to effluent toxicity.

5. Where the data collected during the Toxicity characterization phase indicate consistent compliance with the whole effluent toxicity limit for four (4) consecutive tests, the toxicity reduction implementation requirements are deemed complete and the permittee may return to the monitoring frequency for WET specified in the discharge permit.

6. Where a preliminary toxicity identification has not resulted in compliance with the final effluent limitation, the permittee shall initiate a comprehensive toxicity investigation phase within six months of the completion of the preliminary investigation.

7. Within three months of the demonstration that a comprehensive toxicity investigation is necessary, the permittee shall submit a project study plan. The project study plan shall identify the party or parties responsible for the conduct of the comprehensive evaluation, establish a schedule for completion of the study, and identify and describe the technical approach which the study will utilize. The schedule for completion of the toxicity reduction evaluation is subject to Departmental approval.

i. Quarterly progress reports shall be submitted during the term of the toxicity reduction implementation requirements. The reports shall include a summary of data collected and actions taken during the applicable quarter. A copy of the transmittal letter for each quarterly report shall be forwarded to the applicable regional Enforcement Bureau; and

ii. A final report shall be submitted which identifies the specific actions taken by the permittee to achieve compliance, describes and identifies the pollutants or groups of pollutants contributing to or causing the whole effluent toxicity exceedances, and describes the final corrective actions taken to achieve compliance and the outcome of the study.

8. The permittee may elect to complete an instream verification study prior to the initiation of the comprehensive toxicity identification/ reduction phase specified in (a)6 above. If the permittee selects this option, a project work plan approved by the Department shall be submitted in lieu of the project work plan specified in (a)7 above. This option shall be limited to permittees with discharges to non-tidal, freshwater receiving waters where a regulatory mixing zone of a defined size and shape has been established for the discharge. The study shall be completed and submitted to the Department for evaluation within two years of selecting this alternative.

i. Where the results of an instream verification study definitively demonstrate that there are no existing or potential adverse impacts from the discharge, the Department shall determine that the permittee is exempt from the requirements of (a)6 above.

ii. If the data submitted for this study are deemed insufficient by the Department to make a determination that there are no existing or potential adverse impacts from the discharge, the permittee shall initiate the comprehensive toxicity identification and reduction evaluation requirements of (a)6 above within 90 days of notification by the Department that the instream verification study was insufficient to make a determination.

iii. The instream verification study shall be completed in accordance with the approved project work plan. Evaluation of the instream data may also require completion of a mixing zone study.

N.J. Admin. Code § 7:14A-13.17