N.J. Admin. Code § 7:14A-6.10

Current through Register Vol. 56, No. 17, September 3, 2024

Section 7:14A-6.10 - Noncompliance reporting

(a) All permittees shall report to the Department (and receiving DTW, if applicable) any noncompliance including, but not limited to:

1. Any exceedance of effluent limitation that:

i. Causes injury to persons;

ii. Poses a threat to human health;

iii. Causes damage to the environment;

iv. Poses a threat to the environment; or

v. Violates a daily maximum effluent limitation for a toxic pollutant listed in N.J.A.C. 7:14A-4 Appendix A;

2. Any discharge of any toxic or hazardous pollutant listed in N.J.A.C. 7:14A-4 Appendix A, which is not covered under a permit;

3. Any upset or an unanticipated bypass not otherwise covered in (a)1 or 2 above;

4. Any anticipated bypass; or

5. Any noncompliance with a standard for residual use or disposal, whether or not a discharge has occurred.

(b) Any permittee discharging pollutants under the conditions identified in (a) above shall comply with the reporting requirements in this section. Any permittee with a discharge not otherwise covered in (a) above shall comply with the reporting requirements relating to that type of discharge as listed below.

(c) For the situations listed in (a)1i through iv and 2, above, the permittee shall communicate the information in (c)1 through 3 below by telephone to the DEP Hotline at 1-877-927-6337 or 1-877-WARN-DEP (and to the receiving DTW, if applicable) within two hours of the commencement of the discharge or of the permittee's becoming aware of the discharge. Any revision to this information for situations listed in (a)1i through iv and 2 above shall be reported to the DEP Hotline within 24 hours after the permittee's becoming aware of the need to revise the information.

1. A description of the discharge, including the time of the discharge, the location of discharge, the volume of the discharge, the concentration of pollutants discharged, and the receiving water of the discharge;

2. Steps being taken to determine the cause of the permit noncompliance; and

3. Steps being taken to reduce, remediate, and eliminate the noncomplying discharge and any damage to the environment, and the anticipated time frame to initiate and complete the steps to be taken.

(d) For the situations listed in (a)1v, 3 and 5 above, the permittee shall communicate the following information by telephone to the DEP Hotline at 1-877-927-6337 or 1-877-WARN-DEP within 24 hours after the commencement of the discharge or of the permittee's becoming aware of the discharge:

2. Steps being taken to determine the cause of the permit noncompliance;

3. Steps being taken to reduce, remediate, and eliminate the noncomplying discharge and any damage to the environment, and the anticipated time frame to initiate and complete the steps to be taken;

4. The duration of the discharge, including the dates and times of the commencement and, for an unanticipated bypass, the dates and times of the end or anticipated end of the discharge, and if the discharge has not been corrected, the anticipated time when the permittee will correct the situation and return the discharge to compliance;

5. The cause of the noncompliance;

6. Steps being taken to reduce, eliminate, and prevent reoccurrence of the noncomplying discharge;

7. An estimate of the threat to human health or the environment posed by the discharge; and

8. The measures the permittee has taken or is taking to remediate the problem and any damage or injury to human health or the environment, and to avoid a repetition of the problem.

(e) For the situations identified in (a)1 through 3 and 5 above, a written submission containing the information listed in (d) above shall be submitted to the Department, if the permittee had not previously submitted the information. The written information shall be sent to the person identified in (h) below.

1. The permittee shall ensure that the written submission required pursuant to this subsection is submitted to the Department within five days of the commencement of the discharge or of the permittee becoming aware of the discharge.

2. If the permittee becomes aware that it has failed to submit any relevant facts or submitted incorrect information required in (c) or (d) above, the permittee shall immediately submit such facts or information to the Department.

(f) For the situations identified in (a)3 above, the permittee shall ensure the person identified in (h) below receives the information listed at (f)4 below as part of the written submission required pursuant to (e) above, if not previously submitted, as follows:

1. For an unanticipated bypass, the information listed at (f)4i through ii and iv through ix below.

2. For an upset, the information listed at (f)4i and iii through vi below as applicable, is submitted to the Department, within the five-day period.

3. If the permittee becomes aware that it has failed to submit any relevant facts or has submitted incorrect information pursuant to (d) above, the permittee shall immediately submit such facts or information to the Department.

4. The following information shall be submitted as required under this subsection:

i. All properly signed, contemporaneous operating logs, or other relevant evidence, on the circumstances of the noncompliance;

ii. For an unanticipated bypass, the reasons that the unanticipated bypass occurred, including the circumstances leading to the unanticipated bypass;

iii. For an upset, the reasons that the upset occurred, including the cause of the upset and the identity of the person causing the upset, as necessary, except that, in the case of a treatment works, the local agency may certify that despite a good faith effort it was unable to identify the cause of the upset or the person causing the upset;

iv. Evidence that the permittee was properly operating the facility at the time;

v. Evidence that the permittee submitted notice of the unanticipated bypass as required pursuant to (a)3 above, or, in the case of an upset resulting from the performance by the permittee of maintenance operations, the permittee provided prior notice and received prior written approval from the Department, including the name, title, address and telephone number of the individual who satisfied this requirement, the date and specific time the individual notified the Department for the permittee, the specific method that the individual used to notify the Department, and the name and title of the individual within the Department to whom the permittee gave such notice;

vi. Evidence that the permittee complied with all remedial measures the Department required;

vii. For an unanticipated bypass, the permittee's rationale for and all supporting documentation that the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage, including the name, title, address and telephone number of the individual that made the determination for the permittee, the data and information upon which that individual made the determination and any other information the Department requests;

viii. For an unanticipated bypass, evidence that there was no feasible alternative to the unanticipated bypass, including but not limited to the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of downtime; and

ix. For an unanticipated bypass, evidence that the unanticipated bypass did not occur during normal periods of equipment downtime or preventive maintenance when back-up equipment should have been installed to avoid the unanticipated bypass.

(g) For the situations identified in (a)4 above, the permittee shall submit the information below to the person identified in (h) below at least 10 days, if possible, prior to the date of the anticipated bypass.

1. The exact dates and times of the anticipated commencement and the end of the anticipated bypass;

2. The permittee's rationale as to why the anticipated bypass is necessary;

3. A statement certifying that the permittee will properly operate the facility at the time of the anticipated bypass;

4. A statement certifying that the anticipated bypass is unavoidable to prevent loss of life, personal injury, or severe property damage, including the name, title, address and telephone number of the individual that made this determination for the permittee, the data and information upon which that individual made the determination, and any other information the Department requests;

5. A statement certifying that there is no feasible alternative to the anticipated bypass, including but not limited to the use of auxiliary treatment facilities retention of untreated wastes, or maintenance during normal periods of equipment downtime; and

6. A statement certifying that the anticipated bypass will not occur during normal periods of equipment downtime or preventive maintenance when backup equipment can be installed to avoid the anticipated bypass.

(h) The permittee shall submit all written notifications and/or reports required pursuant to this section to:

Administrator of Water Compliance and Enforcement Element

New Jersey Department of Environmental Protection

401 East State Street, 4th Floor East

PO Box 422

Trenton, New Jersey 08625-0422

(i) For a serious violation, as defined in 7:14A-1.2, a person shall, within 30 days of the violation, submit a written report to the person listed in (h) above or the appropriate control authority. The report shall include the following:

1. All the information required in (d) above, if not already submitted; and

2. A written statement that:

i. Indicates the person understands the civil and administrative penalties required to be assessed for serious violations; and

ii. Explains the nature of the serious violation.

(j) The permittee shall report all instances of noncompliance not reported under this section at the time MRFs are regularly submitted. The reports shall contain the information required pursuant to (d) above.

N.J. Admin. Code § 7:14A-6.10

Amended by R.1999 d.163, effective 5/17/1999.
See: 31 N.J.R. 508(b), 31 N.J.R. 636(a), 31 N.J.R. 1314(b).
In (a), added 4; in (e), (f) and (i), substituted references to (h) for references to (g); in (e), substituted a reference to (a)1 through 3 for a reference to (a); inserted a new (g); recodified former (g) through (i) as (h) though (j); and rewrote the new (h).
Administrative change.
See: 38 N.J.R. 1445(a).
Amended by R.2009 d.7, effective 1/5/2009.
See: 40 N.J.R. 1478(a), 41 N.J.R. 142(a).
In (a)3, deleted "or" from the end; in (a)4, substituted "; or" for the period at the end; added (a)5; in the introductory paragraph of (d), substituted ", 3 and 5" for "and 3"; in the introductory paragraph of (e), inserted "and 5"; and in (j), substituted "MRFs" for "DMRs".