N.J. Admin. Code § 7:14C-1.13

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:14C-1.13 - Exemptions and reductions in reporting and analytical requirements

(a) The following exemptions and reductions in reporting requirements are applicable to domestic treatment works:

1. Subject to the limitations at (a)2 below, a Category 1 domestic treatment works (see 7:14C-1.5 ) that generates only domestic septage, or that has a permitted flow of 0.020 mgd or less and that removes all sewage sludge generated to an off-site in-State treatment works treating domestic sewage is exempt from the following:

i. The requirement under 7:14C-1.8(a) to submit a WCR; and

ii. The requirement under 7:14C-1.8(c) to perform analyses for the parameters listed in the Appendix, Table I and submit the results on a DMR.

2. The exemption at (a)1 above does not apply if the nature or quantity of pollutants in the discharge into the treatment works changes such that the sludge from the treatment works would violate the land-based sludge management criteria.

i. Such change in the discharge into the treatment works shall be reported to the Department within five days of the treatment works operator's becoming aware of the change.

3. A domestic treatment works in Category 1 through 4 is exempt from performing analyses in accordance with 7:14C-1.8(c) during monitoring periods when sludge is not removed from the treatment works for use or disposal; however, the domestic treatment works must perform the minimum number of analyses required to be submitted under 40 CFR Parts 503.16, 503.26 and 503.46 based on the annual amount of sludge removed for use or disposal.

4. A domestic treatment works may request an exemption from or reduction in information required to be submitted under these rules at any time after the domestic treatment works submits its first sludge analysis report under 7:14C-1.8. The Department may grant a reduction or exemption based on sludge quality, present or anticipated sludge management practices, or type of industrial discharges into the domestic treatment works. The request for a reduction or exemption shall be in writing and be accompanied by a flow diagram that documents the wastewater and sludge treatment processes;

5. If the nature of the sludge produced by a domestic treatment works on a modified reporting schedule should change at any time due to an increase or change in process wastewater contributions or a change in treatment processes at the domestic treatment works (including a change in the ultimate sludge management alternative), the owner or operator shall, within 30 days, notify the Department of the nature of the change. Based upon this information, the Department may require additional analyses to be performed and require that the domestic treatment works return to the reporting schedule required under 7:14C-1.8.

(b) The following exemptions and reductions in reporting requirements are applicable to industrial treatment works:

1. The following industrial treatment works shall be exempt from all reporting requirements under this chapter:

i. Noncontact cooling water treatment works;

ii. Treatment works for the discharge of untreated storm water; and

iii. Treatment works which manage sludge determined to be hazardous in accordance with N.J.A.C. 7:26G and/or 40 CFR Part 261.

2. An industrial treatment works in Category 6 through 13 is exempt from performing analyses in accordance with 7:14C-1.9(c) and (d) during monitoring periods when sludge is not removed from the treatment works for use or disposal.

3. An industrial treatment works may request an exemption from or reduction in the information required to be submitted under these rules at any time after the industrial treatment works submits its first sludge analysis report under 7:14C-1.9. The Department may grant an exemption or reduction based on the following:

i. If an industrial treatment works has a process wastewater permitted flow of 10,000 gallons per day or less, the Department may reduce the frequency of reporting after submission of the first report;

ii. If an industrial treatment works produces a process wastewater sludge which is recycled, the industrial treatment works may apply for an exemption or change in the frequency of reporting after submission of the first required report; and

iii. Where an industrial treatment works can demonstrate to the Department's satisfaction, based on the criteria in (b)4 below, that removal schedules or historical sludge quality justify a reduction or exemption, the Department may grant a reduction in or an exemption from any of the reporting requirements at any time after submission of the first required report.

4. The Department's determination of reductions or exemptions in reporting requirements for industrial treatment works will be based on the following criteria:

i. All requests for a reduction or exemption in the reporting frequency shall be accompanied by a complete analysis for those substances required to be reported under these rules. The request for a reduction shall also be accompanied by a flow diagram which documents each and every manufacturing or production campaign, a detailed description of the individual treatment processes and a list of those substances for which the reduction is requested;

ii. In considering requests for an exemption or reduced reporting, the Department will consider the quantity and quality of the sludge produced, removal frequency, storage provisions, ultimate management mode, the quantities and toxicities of the substances for which the reduction is requested and the likelihood for soil, water or air pollution associated with management of the sludge;

iii. The Department will review all requests and may grant a reduction, an exemption, or may require additional analytical testing for any or all of the pollutants required to be reported in 7:14C-1.9. The Department may also require that the applicant for a reduction demonstrate that the use of best management practices justifies the request; and

iv. If the nature of the process wastewater or sludge produced by an industrial treatment works on a modified reporting schedule should change at any time due to an increase or change in process wastewater contributions, a change in treatment processes at the industrial treatment works or a change in its process, handling, manufacturing, packaging, storage or disposal practices (including a change in the ultimate sludge management alternative), the owner or operator shall, within 30 days, notify the Department of the nature of the change. Based upon this information, the Department may require analyses to be performed and require that the industrial treatment works return to the reporting schedule required by 7:14C-1.9.

(c) All treatment works shall continue to submit reports as required in 7:14C-1.8 or 1.9 until written Department approval has been provided which exempts or reduces reporting requirements.

N.J. Admin. Code § 7:14C-1.13

Repeal and New Rule, R.1989 d.282, effective 6/5/1989.
See: 21 N.J.R. 373(a), 21 N.J.R. 1530(a).
The rule formerly at this cite was entitled "Reports to be published by the Department".
Recodified from N.J.A.C. 7:14-4.11 and amended by R.1999 d.164, effective 5/17/1999.
See: 31 N.J.R. 200(a), 31 N.J.R. 1320(a).
Rewrote the section.
Amended by R.2006 d.198, effective 6/5/2006.
See: 37 N.J.R. 4121(b), 38 N.J.R. 2420(b).
Rewrote the section.
Amended by R.2011 d.285, effective 11/21/2011.
See: 43 N.J.R. 1312(a), 43 N.J.R. 3083(c).
Section was "Exemptions and reductions in reporting requirements". Rewrote the introductory paragraph of (a)1; added new (a)2; recodified former (a)2 through (a)4 as (a)3 through (a)5; and in (b)3iii, substituted "(b)4" for "(b)3".