N.J. Admin. Code § 7:9B-1.8

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

Section 7:9B-1.8 - Procedures for modifying water quality-based effluent limitations for individual dischargers to Category One waters

(a) An applicant requesting modification of a water quality-based effluent limitation, established on a case-by-case basis, must demonstrate, to the satisfaction of the Department, after public notice (including notice to affected municipalities) and a public hearing (where sufficient public interest exists), that:

1. Some change in ambient water quality should be allowed because of necessary and justifiable social or economic development;

2. Alternative effluent limitations, at least as stringent as the technology-based effluent limitations required by either sections 301, 306, and 307 of the Federal Clean Water Act, or the effluent limitations resulting from application of the minimum BOD[5] effluent standards in 7:14A-12.4 (where applicable), whichever are more stringent, will not interfere nor be injurious to the existing or designated uses; and

3. Where the requested modified effluent limitations would result in contravention of the water quality criteria or the degradation of the natural water quality, whichever is less stringent:

i. The water quality criteria are not attainable because of natural background; or

ii. The water quality criteria are not attainable because of irretrievable man-induced conditions; or

iii. Natural, ephemeral, intermittent, or low flow conditions or water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating State water conservation requirements to enable uses to be met; or

iv. Controls more stringent than those required by Sections 301(b) and 306 of the Federal Clean Water Act would result in substantial and widespread adverse social and economic impact.

(b) It is the responsibility of the applicant to provide the Department with all of the information needed to evaluate the requested modification(s).

(c) Modified effluent limitations may be renewed if the discharger demonstrates, to the Department's satisfaction, after public notice (including notice to affected municipalities) and a public hearing (where sufficient interest exists), that the basis for issuing the modification still exists and there have been no adverse impacts on the existing uses.

(d) Where water quality criteria are not currently met the Department shall not grant a modification, as set forth in this section, establishing an effluent limitation less stringent than the limitation(s) in the existing permit, unless the criteria are not met because of natural conditions.

N.J. Admin. Code § 7:9B-1.8

Amended by R.1993 d.610, effective 12/6/1993.
See: 24 N.J.R. 3983(a), 25 N.J.R. 5569(a).
Amended by R.1998 d.234, effective 5/18/1998.
See: 29 N.J.R. 5128(a), 30 N.J.R. 1778(a).
In (a)2, substituted a reference to effluent standards for a reference to treatment requirements and changed N.J.A.C. reference; and in (e), substituted "modification" for "variance".
Amended by R.2009 d.372, effective 12/21/2009.
See: 41 N.J.R. 1565(a), 41 N.J.R. 4735(a).
Deleted former (c) and (d); and recodified former (e) and (f) as (c) and (d).