N.J. Admin. Code § 7:9B-1.14

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:9B-1.14 - Surface water quality criteria

(a) Surface water quality criteria for FW1 waters shall be maintained as to quality in their natural state.

(b) Surface water quality criteria for PL waters are as follows:

1. These waters shall be maintained as to quality in their existing state or that quality necessary to attain or protect the designated uses, whichever is more stringent.

i. For Nitrate-Nitrogen a level of 2 mg/L shall be maintained in the surface waters unless it is shown that a lower level must be maintained to protect the existing surface water quality.

ii. A pH level between 3.5 and 5.5 shall be maintained unless it is demonstrated that a pH level outside of that range is necessary to protect the existing/designated uses.

2. The water quality criteria for existing discharges are the water quality criteria contained in "Surface Water Quality Standards" as adopted in March 1981, except that:

i. The criteria for Nitrate-Nitrogen and pH promulgated in N.J.A.C. 7:9B-1.14(b) 1 for PL waters apply instead of the 1981 criteria; and

ii. The criteria for phosphorous, bacterial quality, and toxic substances promulgated in N.J.A.C. 7:9B-1.14(c) through (g) apply instead of the 1981 criteria, as though the freshwater portions of the PL waters were classified as FW2 and the saline portions were classified as SE1.

(c) Unless site-specific criteria are established at (g) below, Statewide criteria apply for FW2, SE, and SC waters as listed in accordance with (d) through (f) below.

(d) Surface water quality criteria for FW2, SE, and SC Waters:

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(e) Surface Water Quality Criteria for Ammonia are derived in accordance with the formulas set forth below. Acute criteria are expressed as three-hour average using MA1CD10 flow and chronic criteria are expressed as 30-day average using MA30CD10 flow. No exceedance of criteria shall be permitted at or above the design flows specified.

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2. Ammonia, Total (mg TAN/L)--Acute criteria are expressed as one-hour average using MA1CD10 flow, chronic criteria are expressed as 30-day rolling average using MA30CD10 flow and the highest four-day average within the 30-day averaging period should not be more than 2.5 times of chronic criteria. No exceedance of criteria shall be permitted at or above the design flows specified.

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(f) Surface water criteria for toxic substances are as follows:

1. Acute aquatic life protection criteria are determined with no exceedance at or above the MA1CD10 flow and expressed as one-hour average except:

i. For copper the criteria are expressed as 24-hour average, and

ii. For cadmium, chromium, lead, mercury, nickel, silver, and zinc the criteria are expressed as six-hour average.

2. Chronic aquatic life protection criteria are determined with no exceedance at or above the MA7CD10 flow and expressed as four-day average.

3. Freshwater aquatic criteria for cadmium, chromium III, copper, nickel, silver, and zinc are expressed as a function of water hardness. Criteria can be calculated at any hardness using these equations as listed below. Criteria thus calculated are multiplied by appropriate conversion factor (CF) to convert total recoverable metal into dissolved metal and by the default Water Effect Ratio (WER) of 1.0.

General formula WER [e(V[ln (hardness)] + ln A--V[ln Z])] CF

where:

V = pooled slope

A = FAV at given hardness

Z = selected value of hardness

Cadmium:

Acute dissolved criterion WER [e(1.0166 (ln [hardness])-3.924)] 0.651

Chronic dissolved criterion WER [e(0.7409 (ln [hardness])-4.719)] 0.651

Chromium III:

Acute dissolved criterion WER [e(0.819 (ln [hardness])+3.7256)] 0.277

Chronic dissolved criterion WER [e(0.819 (ln [hardness])+0.6848)] 0.277

Copper:

Acute dissolved criterion WER [e(0.9422 (ln [hardness])-1.7)] 0.908

Chronic dissolved criterion WER [e(0.8545 (ln [hardness])-1.702)] 0.908

Nickel:

Acute dissolved criterion WER [e(0.846 (ln [hardness])+2.255)] 0.846

Chronic dissolved criterion WER [e(0.846 (ln [hardness])+0.0584)] 0.846

Silver:

Acute dissolved criterion WER [e(1.72 (ln [hardness])-6.59)] 0.85

Zinc:

Acute or dissolved criterion WER [e(0.8473 (ln [hardness])+0.884)] 0.950

Chronic dissolved criterion WER [e(0.8473 (ln [hardness])+0.884)] 0.950

4. Freshwater criteria for pentachlorophenol are expressed as a function of pH. Criteria are derived in accordance with the formula set forth below:

Acute criterion = e(1.005[pH]-4.869)

Chronic criterion = e(1.005[pH]-5.134)

5. Human health noncarcinogenic effect-based criteria are expressed as a 30-day average with no frequency of exceedance at or above the MA7CD10 flow.

6. Human health carcinogenic effect-based criteria are based on a risk level of one-in-one-million and are expressed as a 70-year average with no frequency of exceedance at or above the design flow as specified at N.J.A.C. 7:9B-1.5(c)2 iii.

7. Surface Water Quality Criteria for Toxic Substances:

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(g) Site-specific surface water quality criteria listed below apply to specific waterbodies that supersede the Statewide criteria listed at (d), (e), and (f) above. Any site-specific criterion developed through a Total Maximum Daily Load (TMDL) adopted as an amendment to the Statewide Water Quality Management Plan or the applicable Areawide Water Quality Management Plan, in accordance with N.J.A.C. 7:15-5.4 shall be incorporated into this section. The Department shall publish a notice of administrative change in the New Jersey Register.

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(A) In accordance with the amendment to the Lower Raritan/Middlesex, Mercer County, Monmouth County, Northeast, Upper Delaware, and Upper Raritan Water Quality Management Plans; Total Maximum Daily Load Report for the Non-Tidal Raritan River Basin Addressing Total Phosphorus, Dissolved Oxygen, pH, and Total Suspended Solids Impairments Watershed Management Areas 8, 9, and 10; adopted May 24, 2016, at 48 N.J.R. 1321(a). The TMDL Report may be downloaded at https://www.nj.gov/dep/wms/bears/docs/raritan_tmdl_adopted.pdf.

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(B) Chlorophyll a is a watershed-specific translator applicable for the lakes identified above where the total phosphorus criterion of 0.1 mg/L does not apply to the upstream waterbodies identified in Table (i) below in accordance with the amendment to the Northeast, Upper Raritan, Sussex County, and Upper Delaware Water Quality Management Plans; Total Maximum Daily Load Report for the Non-Tidal Passaic River Basin Addressing Phosphorus Impairments. Watershed Management Areas 3, 4, and 6; adopted April 24, 2008, at 40 N.J.R. 2574(b). The TMDL Report may be downloaded at https://www.nj.gov/dep/wms/bears/docs/passaic_tmdl.pdf.

i. The total phosphorus criterion of 0.1 mg/L at N.J.A.C. 7:9B-1.14(d)4 ii(1) does not apply to the following waterbodies:

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(h) Surface water quality criteria for waters under the jurisdiction of the DRBC:

1. Mainstem Delaware River and Delaware Bay:

i. For parameters with criteria in the DRBC Water Quality Regulations, the criteria contained therein are the applicable criteria.

ii. For parameters without criteria in the DRBC Water Quality Regulations, the criteria at (c) above are the applicable criteria and shall be applied as follows:

(1) Criteria applicable to FW2-NT waters apply where salinities are less than or equal to 3.5 parts per thousand (ppt) at mean high tide;

(2) Criteria applicable to SE waters apply where salinities are greater than 3.5 ppt at mean high tide; and

(3) Where salinities vary from 3.5 ppt or less, to greater than 3.5 ppt, at mean high tide, the more stringent of the FW2-NT or SE criteria apply.

2. Tributaries to the mainstem Delaware River and Delaware Bay:

i. The applicable criteria are those contained in the DRBC Water Quality Regulations; or

ii. The criteria at (c) above, whichever are more stringent.

3. For all waters under the jurisdiction of the DRBC where criteria are not established in the DRBC Water Quality Regulations, or at (c) above, the Department shall use criteria based upon the best available scientific information, in accordance with (h)1ii above and N.J.A.C. 7:9B-1.5(c) 5, to establish water quality-based effluent limitations.

N.J. Admin. Code § 7:9B-1.14

Amended by R.1987 d.320, effective 8/3/1987 (operative October 1, 1987).
See: 18 N.J.R. 1435(a), 19 N.J.R. 1433(a).
Amended by R.1989 d.420, effective 8/7/1989.
See: 20 N.J.R. 1597(a), 21 N.J.R. 2302(b).
Amended by R.1993 d.415, effective 8/16/1993.
See: 25 N.J.R. 405(a), 25 N.J.R. 3755(a).
Amended by R.1993 d.610, effective 12/6/1993.
See: 24 N.J.R. 3983(a), 24 N.J.R. 4471(a), 25 N.J.R. 5569(a).
Amended by R.1996 d.383, effective 8/5/1996.
See: 27 N.J.R. 4506(b), 28 N.J.R. 3782(b).
Amended by R.1998 d.234, effective 5/18/1998.
See: 29 N.J.R. 5128(a), 30 N.J.R. 1778(a).
In the table in (c), inserted 8ii and recodified former ii as iii; and in (d), changed the date of the Administrative Manual throughout.
Administrative correction.
See: 31 N.J.R. 42(a).
Petition for Rulemaking.
See: 33 N.J.R. 1142(a).
Amended by R.2002 d.19, effective 1/22/2002.
See: 33 N.J.R. 4397(a), 34 N.J.R. 537(a).
Rewrote (c).
Amended by R.2006 d.372, effective 10/16/2006.
See: 37 N.J.R. 3480(a), 4121(a), 4368(a), 38 N.J.R. 4449(a).
In (b)2ii, inserted ", bacterial quality," and "through (g)"; added (c); recodified former (c) and (d) as (d) and (h); in (d), added colon at end of table title; rewrote (d)1 and (d)11; deleted (d)13; recodified former (d)14 as (d)13; deleted footnote following (d)13, and added (e) through (g).
Amended by R.2009 d.372, effective 12/21/2009.
See: 41 N.J.R. 1565(a), 41 N.J.R. 4735(a).
Rewrote (d), (f)7, and (g); and in (h), substituted "the DRBC Water Quality Regulations" for "'Delaware River Basin Commission, Administrative Manual--Part III, Water Quality Regulations,' Article 3, dated October 23, 1996, including all amendments and future supplements thereto" throughout.
Administrative correction.
See: 42 N.J.R. 68(a).
Amended by R.2011 d.031, effective 1/18/2011.
See: 41 N.J.R. 4587(a), 43 N.J.R. 174(b).
In the table in (d), added new entry 4, recodified former entry 4 as new entry 5, and deleted former entry 5.
Administrative correction.
See: 43 N.J.R. 833(a).
Administrative change and correction.
See: 51 N.J.R. 613(b).
Petition for Rulemaking.
See: 53 N.J.R. 1025(a), 1231(b).
Petition for Rulemaking.
See: 53 N.J.R. 1025(a), 1231(b), 1818(b).

Amended by 55 N.J.R. 1722(a), effective 8/7/2023

Administrative Change, 55 N.J.R. 2545(a), effective 11/14/2023