N.J. Admin. Code § 7:9B-1.9

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:9B-1.9 - Procedures for modifying water quality-based effluent limitations for individual dischargers to Category Two waters

(a) The criteria for modifying water quality-based effluent limitations established on a case-by-case basis are:

1. The applicant for modification of effluent limitations for parameters that are currently better than the water quality criteria 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:

i. Some degradation of water quality parameters currently better than the water quality criteria should be allowed because of necessary and justifiable social or economic development; and

ii. 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 effluent standards (where applicable) in N.J.A.C. 7:14A-12, whichever are more stringent, will not interfere with nor be injurious to the existing or designated uses.

2. The applicant for modification of effluent limitations for parameters that are currently equal to or currently do not meet the water quality criteria in this subchapter 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:

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 water quality criteria, 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) 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.

(c) Modified effluent limitations may be renewed if the discharger demonstrates, to the satisfaction of the Department, 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.

N.J. Admin. Code § 7:9B-1.9

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)1ii, substituted "effluent standards" for "Minimum Treatment Requirements" and changed N.J.A.C. reference; and in (d), 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 recodified former (d) as (c).