Current through Register Vol. 56, No. 19, October 7, 2024
Section 7:14A-10.8 - Concentration limits(a) The Department shall specify in the NJPDES-DGW permit concentration limits in the ground water for hazardous constituents established under 7:14A-10.7. The concentration of a hazardous constituent:1. Shall not exceed the background level of that constituent in the ground water at the time that limit is specified in the permit;2. For any of the constituents listed in (a)2i below, shall not exceed the ground water quality criteria of N.J.A.C. 7:9C, or the 40 CFR 264.93 Table 1 concentration, whichever is more stringent, if the background level of the constituent is below the more stringent of the relevant concentration limits for those parameters; or i. The following constituents shall be evaluated in accordance with (a)2 above: arsenic, silver, barium, endrin, cadmium, lindane, chromium, methoxychlor, lead, toxaphene, mercury, 2, 4-D, selenium, 2, 4, 5-TP Silvex; or3. Shall not exceed an alternate limit established by the Department under (b) below.(b) The Department shall establish an alternate concentration limit for a hazardous constituent if it finds that the constituent shall not pose a substantial present or potential hazard to human health or the environment if such alternate concentration limit is not exceeded, based on the following:1. Potential adverse effects on ground water quality, considering: i. The physical and chemical characteristics of the waste in the hazardous waste facility unit, including its potential for migration;ii. The hydrogeological characteristics of the facility and surrounding land;iii. The quantity of ground water and the direction of ground water flow;iv. The proximity and withdrawal rates of ground water users;v. The current and future uses of ground water in the area;vi. The existing quality of ground water, including other sources of contamination and their cumulative impact on the ground water quality;vii. The potential for health risks caused by human exposure to waste constituents;viii. The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; andix. The persistence and permanence of the potential adverse effects;2. Potential adverse effects on hydraulically connected surface water quality, considering: i. The volume and physical and chemical characteristics of the waste in the hazardous waste facility unit;ii. The hydrogeological characteristics of the facility and surrounding land;iii. The quantity and quality of ground water, and the direction of ground water flow;iv. The patterns of rainfall in the region;v. The proximity of the hazardous waste facility unit to surface waters;vi. The current and future uses of for those surface waters in the area and any water quality standards established for those surface waters;vii. The existing quality of surface water, including other sources of contamination and the cumulative impact on surface water quality;viii. The potential for health risks caused by human exposure to waste constituents;ix. The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; andx. The persistence and permanence of the potential adverse effects.(c) In making any determination under (b) above, the Department shall assess any identified underground sources of drinking water.N.J. Admin. Code § 7:14A-10.8