N.J. Admin. Code § 7:14A-7.5

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

Section 7:14A-7.5 - Authorization of discharges to ground water by permit-by-rule

(a) Any person responsible for any of the following discharges to ground water is deemed to have a permit-by-rule:

1. Discharges to ground water from underground injection activities that are eligible for a permit-by-rule under 7:14A-8.5;

2. Discharges to ground water from activities associated with the flushing or cleaning of potable water mains and fire water systems, including hydrants and sprinklers;

3. Discharges to ground water from activities associated with the development of potable water wells;

4. Discharges to ground water from activities associated with the installation, development, and sampling of monitoring wells or associated with soil sampling in accordance with a NJPDES permit or, for activities not included in a NJPDES permit, in accordance with either the Technical Requirements for Site Remediation, including, but not limited to, the requirements of N.J.A.C. 7:26E-1.5(b) and (h), or the Heating Oil Tank System Remediation Rules at N.J.A.C. 7:26F, including, but not limited to, the requirements of N.J.A.C. 7:26F-1.11 and 3.3(e); and

5. Discharges to ground water from wells, other than discharges that occur during the course of a remediation as listed in (c)3 below, that occur during aquifer tests for the purpose of obtaining hydrogeologic data, provided that such discharges do not exceed 30 calendar days in duration.

(b) Unless the Department issues a general permit pursuant to N.J.A.C. 7:14A-6.13for a discharge to ground water listed in (c) below, any person responsible for such a discharge is deemed to have a permit-by-rule after the following conditions are met:

1. A contaminated site, as defined in N.J.A.C. 7:26E-1.8, is being remediated or is subject to remediation pursuant to the Administrative Requirements for the Remediation of Contaminated Sites rules at N.J.A.C. 7:26C, the Technical Requirements for Site Remediation at N.J.A.C. 7:26E, or the Heating Oil Tank System Remediation Rules at N.J.A.C. 7:26F;

2. The person responsible for such a discharge submits to the Department a discharge to ground water proposal, or modification of an approved discharge to ground water proposal, consistent with the Technical Requirements for Site Remediation, N.J.A.C. 7:26E, including the requirements of N.J.A.C. 7:26E-5.1, 5.2, and 5.6, as applicable; and

3. The person is in receipt of the Department's written approval of the discharge to ground water proposal, or modification of an approved discharge to ground water proposal.

(c) A permit-by-rule pursuant to (b) above applies only to the following types of discharges to ground water:

1. Discharges to ground water, not to exceed 180 calendar days, from pilot treatment plants to obtain engineering design data;

2. Discharges to ground water related to biotreatability studies or other in situ pilot studies where the discharge will not exceed 180 calendar days;

3. Discharges to ground water, not to exceed 30 calendar days, from wells or into injection wells to test soils or geologic formations for the purpose of obtaining engineering, hydrogeologic, or other remediation design data;

4. Discharges to ground water, not to exceed 180 calendar days, from any other facility or equipment associated with engineering studies, remedial action selection, or design studies and associated monitoring;

5. Discharges to ground water to remediate contamination from discharges from a heating oil tank system. Such discharges are not subject to the public notice requirements of N.J.A.C. 7:26E-5.6(c);

6. Discharges to ground water, not to exceed 180 calendar days, related to dewatering at a contaminated site or regulated underground storage tank facility; and

7. Any other discharge to ground water that is necessary to implement remediation.

(d) Except as provided in (e) below, the Department shall invalidate any permit-by-rule under this section and require any person responsible for the discharge for which the permit-by-rule had been approved to apply for and obtain a discharge to ground water permit if:

1. The discharge is likely to contravene the Ground Water Quality Standards at N.J.A.C. 7:9C; or

2. The discharge may result in violation of the Surface Water Quality Standards at N.J.A.C. 7:9B.

(e) For discharges to ground water subject to (b) above, the Department shall invalidate its approval of a discharge to ground water proposal if:

1. The approved discharge violates any provision of the Ground Water Quality Standards at N.J.A.C. 7:9C;

2. The approved discharge violates any provision of the Surface Water Quality Standards at N.J.A.C. 7:9B; or

3. The permittee does not implement the discharge to ground water proposal as the Department approved.

(f) For a discharge to ground water proposal subject to (b) above, the person responsible for the discharge to ground water proposal shall:

1. Stop any negative impacts not anticipated in the Department-approved discharge to ground water proposal, caused by implementing that discharge to ground water proposal; and

2. Remediate any negative impacts not anticipated in the Department-approved discharge to ground water proposal in accordance with the requirements of the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C, the Technical Requirements for Site Remediation, N.J.A.C. 7:26E, or the Heating Oil Tank System Remediation Rules, N.J.A.C. 7:26F, as applicable.

N.J. Admin. Code § 7:14A-7.5

Amended by 50 N.J.R. 1715(b), effective 8/6/2018

Administrative Change, 51 N.J.R. 729(a).