N.J. Admin. Code § 7:14A-19.3

Current through Register Vol. 56, No. 23, December 2, 2024

Section 7:14A-19.3 - Industrial pretreatment program requirements for all local agencies

(a) As specified at 7:14A-16.3 and 16.4, the Department may reissue or modify a local agency's NJPDES permit to include IPP requirements as set forth in this subchapter.

(b) All local agencies, including those not required by 7:14A-19.2(a) and (b) to establish an IPP, shall comply with the following IPP requirements:

1. All local agencies shall, pursuant to their permit or upon written request from the Department or whenever the local sewer use ordinance or rules and regulations are modified, submit a copy of the local sewer use ordinance or rules and regulations, including any amendments, to the Bureau of Pretreatment and Residuals in the Department at 401 East State Street, PO Box 029, Trenton, NJ 08625-0029;

2. All local agencies shall identify and locate indirect users as specified below:

i. All delegated local agencies shall update their inventory of indirect users at a frequency and diligence adequate to ensure proper identification of indirect users subject to pretreatment standards, appropriate characterization of the nature of their discharges, and correct designation of indirect users as categorical, significant/major, or other regulated. This update shall be completed at a minimum frequency of once per year, and shall be included in the 40 CFR 403 Annual Report required under 7:14A-19.6(f).

ii. Non-delegated local agencies shall submit an annual report, on forms provided by the Department, that consists of a listing of all indirect users that meet the significant indirect user definition in 7:14A-1.2, and a statement whether the local agency accepts hauled wastes and, if so, the types of waste;

3. All local agencies shall develop local limits or demonstrate that such limits are not necessary in accordance with 7:14A-19.7;

4. Of the amount of any penalty assessed and collected pursuant to an action brought by a local agency in accordance with 58:10A-10, 10 percent shall be deposited in the Wastewater Treatment Operators' Training Account established in accordance with 58:10A-14.5 and used to finance the cost of training operators of municipal treatment works. The remainder shall be used by the local agency solely for enforcement purposes and for upgrading municipal treatment works; and

5. Except as otherwise provided in 47:1A-3, any records, reports, or other information obtained by a local agency pursuant to this paragraph or 58:11-53, including any correspondence relating thereto, shall be available to the public. However, upon a showing satisfactory to the local agency by any person that the making public of any record, report, or information, or a part thereof, other than effluent data, would divulge methods or processes entitled to protection as trade secrets, the local agency shall consider such record, report, or information, or part thereof, to be confidential and access thereto shall be limited to authorized officers or employees of the Department, local agency, and the Federal government.

(c) All delegated local agencies (DLAs) shall comply with the following IPP requirements:

1. All DLAs shall notify indirect users of the responsibilities required in the DLA's rules and regulations or sewer use ordinance as soon as possible but no later than 30 days from the determination that such indirect users are subject to regulation under the IPP. This notice shall not preclude the DLA from taking any enforcement action against an indirect user;

2. All DLAs shall issue an IPP permit to indirect users, as required by the DLA's NJPDES permit;

3. All DLAs shall perform compliance monitoring and inspections of indirect users, as required by the DLA's NJPDES permit;

4. All DLAs shall review and respond to violations of an IPP permit or the sewer use ordinance/rules and regulations, within 60 days of receipt of the compliance information generated by indirect users or the DLA;

5. All DLAs shall take enforcement actions based upon indirect users' noncompliance in accordance with the approved Enforcement Response Plan (ERP). In the absence of an approved ERP, the enforcement action shall be taken in accordance with the IPP as approved;

6. All DLAs shall develop and maintain a data management system which includes an indirect user inventory, characterization of the nature of indirect user discharges, compliance status, permit status, and enforcement actions. The DLA shall retain for a minimum of five years records of its monitoring activities and results (whether or not such activities are required by the DLA's NJPDES permit) and shall make such records available to EPA and the Department upon request;

7. All DLAs shall sample their treatment works and sludges as specified below:

i. Perform, at least once per year, an analysis for those priority pollutants listed in N.J.A.C. 7:14A-4, Appendix A, Tables II and III, and molybdenum (Mo), ammonia (NH[LESS THAN]3[GREATER THAN]), and phosphorus (P), of the discharge from, and inflow to, the municipal treatment works;

(1) The requirement to monitor for the pollutants molybdenum (Mo), ammonia (NH[LESS THAN]3[GREATER THAN]), and phosphorus (P), at (c)7i above takes effect January 5, 2010; and

ii. Perform, at least once per year, a priority pollutant scan on the sludge produced at the municipal treatment works. This analysis must be completed on those parameters listed in the Sludge Quality Assurance Regulations, N.J.A.C. 7:14C. The sludge samples shall be collected to coincide with the influent and effluent monitoring for priority pollutants required in (c)7i above;

8. All DLAs shall comply with the public participation and notification requirements in 7:14A-19.10;

9. All DLAs shall notify their significant indirect users (SIUs) in writing, in accordance with 40 CFR 403.8(f)(2)(iii), of the SIUs' obligation to comply with applicable requirements under Subtitles C and D of the Resource Conservation and Recovery Act (RCRA);

10. All DLAs shall secure and maintain sufficient resources and qualified personnel, in accordance with 40 CFR 403.8(f)(3), to carry out the program implementation procedures described in this subchapter;

11. All DLAs shall submit annual reports required by 7:14A-19.6(c), (f) and (h); and

12. Of the penalty amount collected through the issuance of a summons pursuant to 58:10A-10.4, 10 percent shall be paid to the municipality or municipalities in which the municipal court retains jurisdiction for use for court purposes, with the remainder to be retained by the DLA.

(d) Each local agency shall identify, within its sewer use ordinance or rules and regulations, violations of the requirements of the ordinance or rules and regulations based on the State Act that are minor or non-minor in accordance with the criteria of the Grace Period Law, 13:1D-129(b). A time period for correction of minor violations and to achieve compliance shall be established in accordance with 13:1D-127.

(e) All delegated local agencies shall include within their local sewer use ordinance or rules and regulations, their authority to:

1. Grant sampling waivers to categorical indirect users, consistent with 40 CFR 403.12(e)(2);

2. Develop and utilize best management practices in lieu of numeric local limits, consistent with 40 CFR 403.5(c)(4) and 403.8(f)(1)(B)(3);

3. Use equivalent concentration limits, consistent with 40 CFR 403.6(c)(6);

4. Use equivalent mass limits, consistent with 40 CFR 403.6(c)(5); and

5. Define and classify non-significant categorical indirect users including the criteria, reporting, and oversight conditions consistent with 40 CFR 403.3(v), 403.8(f)(2)(v)(B), and 403.12(q), respectively.

(f) Each delegated local agency shall, no later than July 4, 2009, submit to the Department for review the delegated local agency's draft local sewer use ordinance or rules and regulations that include the provisions specified in (e) above.

N.J. Admin. Code § 7:14A-19.3

Administrative correction.
See: 29 N.J.R. 3822(a).
Amended N.J.A.C. references.
Amended by R.1999 d.164, effective 5/17/1999.
See: 31 N.J.R. 200(a), 31 N.J.R. 1320(a).
In (c)7ii, changed N.J.A.C. reference.
Amended by R.2007 d.234, effective 8/6/2007.
See: 38 N.J.R. 2919(a), 39 N.J.R. 3298(a).
In (c)11, updated the N.J.A.C. reference; and added (d).
Amended by R.2009 d.7, effective 1/5/2009.
See: 40 N.J.R. 1478(a), 41 N.J.R. 142(a).
In (b)1, inserted ", pursuant to their permit or upon written request from the Department of whenever the local sever use ordinance or rules and regulations are modified,"; in (b)2ii, substituted "on forms provided by the Department, that" for the first occurrence of "which", substituted "that" for the second occurrence of "which" and inserted ", and a statement whether the local agency accepts hauled wastes and, if so, the types of waste"; in (c)7i, inserted "and molybdenum (Mo), ammonia (NH<3>), and phosphorus (P)," and deleted "and" from the end; and added (c)7i(1), (e) and (f).