N.J. Admin. Code § 7:14A-19.6

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:14A-19.6 - Additional requirements for delegated local agencies

(a) Each permitted facility discharging into the municipal treatment works of a delegated local agency, other than a facility discharging only stormwater or non-contact cooling water, shall be inspected by the delegated local agency at least once a year. The Department may also inspect a facility required to be inspected by a delegated local agency. Exemption of stormwater facilities from the provisions of this subsection shall not apply to any permitted facility discharging or receiving stormwater runoff having come into contact with a hazardous discharge site on the Federal National Priorities List adopted by the EPA pursuant to the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq., or any other hazardous discharge site included by the Department on the master list for hazardous discharge site cleanups adopted pursuant to N.J.S.A. 58:10-23.1 6. An inspection required under this subsection shall be conducted within six months following a permittee's submission of an application for a permit, permit renewal or issuance of a permit for a new facility, except that if for any reason, a scheduled inspection cannot be made, the inspection shall be rescheduled to be performed within 30 days of the originally scheduled inspection or in the case of a temporary shutdown, of resumed operation. Inspections shall include:

1. A representative sampling of the effluent for each permitted facility, except that in the case of facilities that are not major facilities or significant indirect users, sampling pursuant to this paragraph shall be conducted at least once every three years. Collection of a representative sampling is required to complete an inspection but does not necessarily have to be conducted concurrently with the inspection;

2. An analysis of all collected samples by a laboratory certified by the Department;

3. An evaluation of the maintenance record of the permittee's treatment equipment;

4. An evaluation of the permittee's sampling techniques;

5. A random check of written summaries of test results, prepared by the certified laboratory, providing the test results for the immediately preceding 12-month period, signed by a responsible official of the certified laboratory, certifying the accuracy of the test results. This random check can be completed by reviewing the test results at the permitted facility, and/or through review of test results previously submitted by the permitted facility to the delegated local agency;

6. An inspection of the permittee's sample storage facilities and techniques if the sampling is normally performed by the permittee; and

7. An evaluation of whether the significant indirect user needs a plan or other action to control slug discharges. Each significant indirect user shall be evaluated within one year of being designated a significant indirect user. For purposes of this paragraph, a slug discharge is any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the delegated local agency's regulations, local limits or permit conditions. The results of such evaluations shall be available to the Department upon request. Significant indirect users are required to notify the delegated local agency immediately of any changes at its facility affecting potential for a slug discharge. If the delegated local agency decides that a slug control plan is needed, the plan shall contain, at a minimum, the following:

i. A description of discharge practices, including non-routine batch discharges;

ii. A description of stored chemicals;

iii. Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition at 7:14A-21.2, with procedures for follow-up written notification within five days; and

iv. If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.

(b) In addition to the inspection requirements of (a) above, all delegated local agencies shall inspect any permittee which meets the significant noncomplier definition at 7:14A-1.2. The inspection under this subsection shall be conducted within 60 days of receipt of the discharge monitoring report or self-monitoring report that initially results in the permittee's being identified as a significant noncomplier. The inspection shall include a random check of written summaries of test results, prepared by the certified laboratory providing the test results for the immediately preceding 12-month period signed by a responsible official of the certified laboratory, certifying the accuracy of the test results. A copy of each summary shall be maintained by the permittee. The inspection shall be for the purpose of determining compliance and shall only be performed once each calendar year. A delegated local agency is not required to make an inspection hereunder if an inspection has been made pursuant to (a) above within six months of the period within which an inspection is required to be conducted under this subsection.

(c) A delegated local agency shall submit a "Clean Water Enforcement Act" (CWEA) annual report to the Department by February 1 of each year. The CWEA annual report shall include, at a minimum, the information under 58:10A-14.2, including all supplements and amendments thereto.

(d) In addition to the information required in the CWEA annual report under (c) above, delegated local agencies shall also include the following information in the CWEA annual report:

1. The number of indirect users which met the significant non-compliance definition during the calendar year and, by the close of the calendar year, had achieved compliance; and

2. The number of indirect users which had met the significant non-compliance criteria during the prior reporting year which have achieved compliance in the reporting period for which the annual report is being prepared.

(e) The information required in (c) and (d) above shall be submitted on forms provided by the Department.

(f) All delegated local agencies shall submit to the Department a " 40 CFR Part 403 " annual report which describes their pretreatment program activities. This report must contain, at a minimum, the information required under 40 CFR 403.12(i), including all supplements and amendments thereto. This report shall be submitted by the date specified in the delegated local agency's NJPDES permit. This report shall be signed by a principal executive officer, ranking elected official or other duly authorized employee. The duly authorized employee shall be an individual or position having responsibility for the overall operation of the facility or the pretreatment program. This authorization shall be made in writing by the principal executive officer or ranking elected official, and submitted to the Department prior to or together with the report being submitted.

(g) Each delegated local agency shall, by February 2, 2008, submit to the Department a sewer use ordinance or rules and regulations that include those provisions specified in 7:14A-19.3(d).

(h) A delegated local agency shall submit a grace period annual report to the Department. The grace period annual report shall include, for each calendar year, the information required under 13:1D-132, including, but not limited to:

1. The number of facilities regulated;

2. The number of inspections performed;

3. The number of minor violations identified, and the number of facilities responsible therefore;

4. The number of minor violations corrected during a grace period, and the number of facilities responsible therefore;

5. The number of minor violations not corrected during a grace period, and the number of facilities responsible therefore;

6. The number of enforcement actions assessing a penalty initiated for one or more minor violations not corrected during a grace period;

7. The number of non-minor violations identified, and the number of facilities responsible therefore; and

8. The number of enforcement actions assessing a penalty initiated for one or more non-minor violations.

(i) The information required in (h) above shall be submitted to the Department on or before March 1 of the year immediately following the calendar year to which the information applies. The information required in (h) above shall be submitted on forms provided by the Department.

(j) If a delegated local agency determines to establish equivalent mass limits pursuant to 7:14A-21.4(b), the delegated local agency:

1. Shall calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the indirect user by the concentration-based daily maximum and monthly average standard for the applicable categorical pretreatment standard and the appropriate unit conversion factor;

2. Shall reassess the equivalent mass limit upon notification of a revised production rate and recalculate the limit as necessary to reflect changed conditions at the facility; and

3. May retain the same equivalent mass limit in the modified or renewed industrial pretreatment program permit, if:

i. The indirect user's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies;

ii. The actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to 7:14A-21.4(g); and

iii. The indirect user is in compliance with 7:14A-21.6 (regarding the prohibition of bypass).

(k) A delegated local agency shall not express limits in terms of mass for pollutants such as pH, temperature, radiation, or other pollutants that cannot appropriately be expressed as mass.

N.J. Admin. Code § 7:14A-19.6

Administrative correction.
See: 29 N.J.R. 3822(a).
Renumbered (d)i and (d)ii as (d)1 and (d)2.
Amended by R.2007 d.234, effective 8/6/2007.
See: 38 N.J.R. 2919(a), 39 N.J.R. 3298(a).
Added (g), (h) and (i).
Amended by R.2009 d.7, effective 1/5/2009.
See: 40 N.J.R. 1478(a), 41 N.J.R. 142(a).
Rewrote the introductory paragraph of (a)7; in (f), inserted the last three sentences; and added (j) and (k).