N.J.A.C. 7:14A — NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM (Subchapter 1 to 25)

(a) The Department shall protect from disclosure any information, other than effluent data, upon a satisfactory showing by any person that the information, if made public, would divulge methods or processes entitled to protection as trade secrets of such persons. The Department's…

(a) Any person may assert a confidentiality claim regarding information, in whole or in part, by following the procedures set forth in (b) through (f) below. (b) Any person submitting information to the Department and asserting a confidentiality claim covering any of the informat…

Any person submitting documents to the Department under a claim of confidentiality shall submit a check in the amount of $ 250.00 for the first 50 confidential pages and $ 1.00 for each page thereafter, to cover the additional costs of processing and protecting the confidential i…

(a) Information for which a confidentiality claim has been asserted shall be treated by the Department as entitled to confidential treatment unless and until the Department determines that the information is not entitled to confidential treatment as provided in this section. (b) …

(a) A determination made under N.J.A.C. 7:14A-18.5 shall hold that trade secret information is entitled to confidential treatment if: 1. The person has asserted a confidentiality claim; 2. The person has satisfactorily shown that he or she has taken reasonable measures to protect…

(a) The Department may make a determination that a certain class of information is or is not entitled to confidential treatment under this section if it finds that: 1. The Department possesses, or is obtaining, related items of information; and 2. One or more characteristics comm…

(a) Unless specifically provided for by Federal law, State law, court order, or applicable court rule, no person shall have access to information which has been determined to be entitled to confidential treatment, other than: 1. The designated Department personnel; 2. Federal or …

(a) The Department shall disclose information which has been determined to be entitled to confidential treatment to State, interstate, and Federal agencies, other than the USEPA and U.S. Department of Justice, as provided at N.J.A.C. 7:14A-18.12, if: 1. The Department receives a …

(a) This subchapter establishes requirements to: 1. Prevent the introduction of pollutants into a local agency's treatment works which may: i. Interfere with the operation of the local agency's treatment works; ii. Pass through or would otherwise be incompatible with the local ag…

(a) All delegated local agencies shall provide public notice and an opportunity for a public hearing for all requests for substantial modification of an industrial pretreatment program following the procedures under 40 CFR 403.11(b). The delegated local agency shall submit to the…

The Department may take enforcement action against a delegated local agency pursuant to N.J.A.C. 7:14-8.17 for failure to implement the conditions of an approved industrial pretreatment program and any subsequent amendments thereto or enforce the conditions of an approved industr…

(a) Any local agency, or combination of treatment works operated by the same local agency, which meets the following criteria shall establish an IPP unless the Department exercises its option to implement the IPP: 1. The treatment works total design flow is greater than five mill…

(a) As specified at N.J.A.C. 7:14A-16.3 and 16.4, the Department may reissue or modify a local agency's NJPDES permit to include IPP requirements as set forth in this subchapter. (b) All local agencies, including those not required by N.J.A.C. 7:14A-19.2(a) and (b) to establish a…

(a) A delegated local agency shall develop and implement an enforcement response plan in accordance with this section. The plan shall contain detailed procedures describing how a delegated local agency shall investigate and respond to instances of indirect user noncompliance. The…

(a) All delegated local agencies shall, at a minimum, include in their sewer use ordinance or rules and regulations the following enforcement and penalty provisions: 1. The ability to issue an order in accordance with N.J.S.A. 58:10A-10a(1); 2. The ability to bring a civil action…

(a) Each permitted facility discharging into the municipal treatment works of a delegated local agency, other than a facility discharging only stormwater or non-contact cooling water, shall be inspected by the delegated local agency at least once a year. The Department may also i…

(a) Except as provided in (b) and (c) below, all local agencies shall perform a headworks analysis in order to develop local limits or demonstrate that local limits are not necessary. The headworks analysis and, if necessary, development of local limits shall: 1. Be conducted in …

(a) All delegated local agencies shall issue an IPP permit to: 1. Any SIU as defined in N.J.A.C. 7:14A-1.2 or as defined in the delegated local agency's sewer use ordinance or rules and regulations; and 2. Any other indirect user when effluent limitations and other conditions are…

(a) All delegated local agencies shall provide written notice to the Department regarding all substantial and non-substantial IPP modifications, as defined under 40 CFR 403.18. (b) For non-substantial modifications, the delegated local agencies shall include a statement of the ba…

(a) This chapter establishes the regulatory framework under the authority of N.J.S.A. 58:10A-1 et seq., 58:11A-1 et seq., 58:11-49 et seq., 58:10-23.11 et seq., 58:11-18.10 et seq., 13:1D-1 et seq., 13:1E-1 et seq., 58:4A-5, 58:4A-4.1, 58:12A-1 et seq. 42 U.S.C. §§ 300F et seq., …

The Department may issue subpoenas requiring attendance and testimony under oath of witnesses before, or the production of documents or information, in whatever form stored or recorded, to him or her or to a representative designated by the Commissioner. Service of a subpoena sha…

(a) When the Department has reason to believe that a person has, or may have, information relevant to a discharge or potential discharge of a pollutant, that person shall, upon receipt of written notice from the Department, provide information regarding the discharge or potential…

(a) Ambient water quality studies may be required to develop TMDLs in accordance with N.J.A.C. 7:15-7. Where such studies are necessary, the ambient water quality sampling and data analysis and interpretation may be performed by the Department, affected cities or municipalities, …

(a) Except for indirect discharges, a permit shall be obtained for any discharge from an animal feeding operation if the animal feeding operation meets the criteria for a concentrated animal feeding operation under (b) or (d) below. (b) An animal feeding operation shall be consid…

(a) Except for indirect discharges, a permit shall be obtained for any discharge from an animal production facility if the animal production facility meets the criteria in (b) below or is required to obtain a permit under (d) below. (b) An animal production facility shall be cons…

(a) Any person producing or proposing to produce RWBR shall refer to the guidance for restricted access RWBR or public access RWBR specified in the Department's "Technical Manual for Reclaimed Water for Beneficial Reuse," dated January 2005, as supplemented or amended, and shall …

(a) This chapter shall be liberally construed to permit the Department to effectuate the purposes of the State and Federal Acts. (b) If any subchapter, section, subsection, provision, clause, or portion of this chapter or the application thereof to any person is adjudged unconsti…

(a) The requirements applicable to the NJPDES program of the Federal Clean Water Act (33 U.S.C. §§ 1251 et seq.), the Federal Safe Drinking Water Act (42 U.S.C. §§ 300F et seq.), the State Act, and all Federal regulations cited in this chapter, including, but not limited to, 40 C…

(a) The NJPDES permitting program shall regulate and issue permits for the discharge of pollutants to surface and ground waters of the State, pursuant to the State and Federal Acts, except for those activities specifically prohibited or exempted pursuant to N.J.A.C. 7:14A-2.4(d) …

(a) The following activities are exempt from the requirements to obtain a NJPDES permit from the Department:1. Any direct discharge of sewage from vessels, effluent from properly functioning marine engines, laundry, shower, and galley sink wastes, or any other discharge incidenta…

(a) Any board or body which approves all or portion of a permit shall not include as a member any person who receives, or has during the previous two years received, a significant portion of direct or indirect income from permit holders or applicants for a permit. (b) For the pur…

(a) All NJPDES permits shall be issued for fixed terms not to exceed five years. The Department shall issue any permit for a duration that is less than the full allowable term under this section when:1. A shorter permit duration will facilitate issuance of a discharge permit in a…

(a) The conditions of an expired NJPDES permit are continued in force pursuant to the "Administrative Procedure Act,"N.J.S.A. 52:14B-11, until the effective date of a new permit or of authorization under a general permit, or until the effective date of denial of a permit applicat…

(a) Any permit noncompliance constitutes a violation of the State and Federal Acts or other authority of this chapter and is grounds for enforcement action, permit suspension, revocation, revocation and reissuance, modification, or for denial of a permit renewal application. (b) …

(a) This subchapter establishes: 1. Permit application requirements and standards, which consist of general requirements, pollutant limits, management practices, frequency of monitoring requirements, recordkeeping and operational standards, for residual applied to the land or the…

(a) In addition to the information required by N.J.A.C. 7:14A-4 and 20.6, an applicant for a NJPDES permit for a residual transfer station shall submit application information for residual transfer stations required pursuant to the Statewide Sludge Management Plan and the applica…

(a) It shall be the responsibility of the person who prepares residual to ensure that all residual accepted for processing is compatible with the applicable residual quality limitations. (b) A person who prepares residual to be applied to the land may accept a residual which does…

(a) Only exceptional quality residual generated and distributed in accordance with this subchapter shall be used for residual blending and distribution. (b) The storage of bulk exceptional quality residual in excess of 100 cubic yards, or the storage of material derived from exce…

(a) This subchapter applies to: 1. Any person who prepares residual that is applied to the land, any person who applies residual to the land, residual applied to the land, and the land on which residual is applied; 2. The operating entity of a surface disposal site, residual plac…

(a) This subchapter does not establish:1. Standards for the firing of residual in an incinerator which receives an air pollution control permit pursuant to N.J.A.C. 7:27; 2. Requirements for the use or disposal of residual determined to be hazardous in accordance with 40 CFR Part…

The following words and terms have specific meanings when used in this subchapter: "agricultural land," "final cover," "forest," "liner," "lower explosive limit for methane gas," "pasture," "permitting authority," "pollutant limit," "public contact site," "range land" and "runoff…

(a) The Department shall establish conditions in each NJPDES permit for the use or disposal of residual, as required on a case-by-case basis, to provide for and ensure compliance with all applicable requirements of the Federal and State Acts and the regulations promulgated thereu…

(a) In addition to the information required by N.J.A.C. 7:14A-4, an applicant for a NJPDES permit for residual use or disposal shall submit an environmental assessment for the location where a residual will be prepared to be applied to the land, the location where a residual was …

(a) In addition to the information required in N.J.A.C. 7:14A-4 and 20.6, an applicant for a NJPDES permit to prepare residual for land application shall submit the following: 1. Information on the characteristics of the residual proposed to be applied, and information on the cha…

(a) The storage of residual or material derived from residual for more than six months constitutes surface disposal and is prohibited under this subchapter. (b) The placement of residual or material derived from residual as fill (for example, to bring a site to grade or at depths…

(a) In addition to the information required in N.J.A.C. 7:14A-4 and 20.6, an applicant for a NJPDES permit to discharge residual to a reed bed shall submit: 1. Information on the characteristics of the residual proposed to be discharged, to the extent known at the time that the p…

(a) This subchapter: 1. Establishes requirements to prevent the introduction of pollutants into a local agency's treatment works which may: i. Interfere with the operation of the local agency's treatment works; ii. Pass through or would otherwise be incompatible with the local ag…