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

(a) Where the Department has developed water quality based effluent limitations utilizing a chemical equilibrium which includes non-limited pollutants or pollutant parameters which control the chemical equilibrium, action levels for the controlling pollutants or pollutant paramet…

(a) Except as provided for under Section 402(o) of the Federal Act (33 U.S.C. § 1342 (o)), when a permit is modified, renewed or reissued, all effluent limitations or standards shall be at least as stringent as the final and effective effluent limitations or standards in the prev…

(a) Each DSW permit shall include conditions meeting the following requirements, as applicable: 1. Technology based limitations determined in accordance with N.J.A.C. 7:14A-13.3 and 13.4. Technology based limitations include secondary treatment standards for DTWs, effluent limita…

(a) In addition to applicable requirements specified in N.J.A.C. 7:14A-13.2 through 13.19, discharges which are not continuous shall be specifically described and limited by one or more of the following measures, as appropriate: 1. Frequency (for example, a discharge shall not oc…

(a) The implementation procedures in (b) through (e) below shall be utilized by the Department as a process to incorporate water quality based effluent limitations in discharge permits to ensure compliance with the Surface Water Quality Standards. (b) Whole effluent toxicity shal…

(a) DSW permits shall include water quality based effluent limitations or requirements where the Department determines that effluent limitations, guidelines or standards established pursuant to (b) through (e) below are not sufficient to achieve surface water quality standards es…

(a) The discharge permit shall include technology based effluent limitations to control all toxic pollutants which the Department determines are or may be discharged at a level greater than the level which can be achieved by the technology-based requirements appropriate to the pe…

(a) Water quality based effluent limitations shall control all pollutants or pollutant parameters (either conventional, nonconventional, or toxic pollutants, including whole effluent toxicity) which are or may be discharged at a level which will cause, have the reasonable potenti…

(a) When the Department determines pursuant to N.J.A.C. 7:14A-13.5 that a discharge causes, has the reasonable potential to cause, or contributes to an excursion above a Surface Water Quality Standard, a water quality based effluent limitation for each pollutant or pollutant para…

(a) Where the Department has not established a numerical water quality criterion for a specific chemical pollutant but has determined that such a pollutant is present in an effluent at a concentration that causes, has the reasonable potential to cause, or contributes to an excurs…

(a) Effluent limitations based on existing effluent quality shall be calculated according to the following procedure:1. The maximum projected effluent concentration shall be calculated in accordance with the statistical method contained in the USEPA TSD, as amended and/or supplem…

(a) Seasonal water quality based effluent limitations for continuous discharges may be developed in accordance with the following: 1. The permittee shall submit the necessary water quality studies that address any effects or potential effects on nutrient cycling and potential or …

(a) This subchapter sets forth the monitoring frequency requirements for parameters included in DSW and SIU permits that are either monitored and limited, or monitored only. (b) The Department shall specify alternative monitoring requirements in a permit, other than specified in …

(a) A monitoring schedule for parameters included in a DSW permit shall be established as provided in Tables 14-1 through 14.4 below. Tables 14-2 and 14-4 establish monitoring frequencies for parameters in DSW permits that are either monitored and limited, or monitored only. Tabl…

(a) This section establishes monitoring requirements for SIU permits issued by the Department. Monitoring frequency for each parameter shall be determined based on the following factors:1. The permittee's compliance history; 2. The impact of the discharge on the receiving local a…

(a) This section establishes the monitoring frequencies for conducting effluent characterization for PCBs if required by N.J.A.C. 7:14A-11.13. 1. The monitoring frequency for the PCB effluent characterization will be up to six samples during a period of 24 months, not to exceed t…

This subchapter sets forth the procedural stages that the Department shall follow when processing an individual NJPDES permit and, as applicable, a general NJPDES permit. These procedural stages include conducting a permit preapplication conference when requested, receiving a per…

(a) The Department, or the applicant upon authorization by the Department, shall publish public notice pursuant to (e) below for the following: 1. Issuance of a draft permit under N.J.A.C. 7:14A-15.6; 2. Scheduling of a public hearing under N.J.A.C. 7:14A-15.12; and 3. Reopening …

(a) During the public comment period established under N.J.A.C. 7:14A-15.10, any person may submit written comments on a draft permit based upon significant and relevant issues and data. (b) If a public hearing has not already been scheduled, a person may request a public hearing…

(a) The Department shall hold a public hearing if there is or may be a significant degree of public interest in favor of holding a public hearing. The Department may hold a public hearing if it determines that a hearing is likely to clarify one or more legal and/or factual issues…

Any applicant or permittee or person interested in being considered a party to an action pursuant to N.J.A.C. 7:14A-17.3 who believes that any action under N.J.A.C. 7:14A-15.10(a) is inappropriate shall raise all reasonably ascertainable issues and submit, in writing to the Depar…

(a) Upon its determination that any data, information or argument submitted during the comment period raises significant legal and/or factual issues that are likely to affect the final decision on the permit, the Department shall take one or more of the following actions: 1. Prep…

(a) The Department shall issue a final permit decision after the close of the public comment period. The Department also shall notify, in writing, the applicant or permittee and each person who submitted written comments or requested notice of the final permit decision. This noti…

(a) The Department shall specifically respond to comments concerning draft permits from persons, including comments from affected states, by issuing a response to comments document at the time that a final permit decision is issued. The document shall: 1. State what action the De…

(a) The Department shall base final permit decisions made pursuant to N.J.A.C. 7:14A-15.15 on the administrative record, which shall consist of the following: 1. The administrative record for the draft permit under N.J.A.C. 7:14A-15.9; 2. All comments received during the public c…

Notes N.J. Admin. Code § 7:14A-15.2

(a) The Department shall convene a preapplication conference within 30 days of receipt of a written request for such a conference submitted pursuant to (b) below. The purpose of the preapplication conference is to discuss general program requirements and their application to the …

(a) The procedures for review of an application for an individual NJPDES permit application are as follows: 1. An applicant shall comply with the permit application requirements contained in N.J.A.C. 7:14A-4 and any specific permit application requirements for the particular type…

(a) Whenever an applicant proposes or requests a permit or permit renewal for more than one type of discharge covered by this chapter, the applicant, to the extent practicable, shall submit applications for all required permits to discharge concurrently and, to the extent practic…

(a) After review of a complete permit application, the Department shall take one of the following actions: 1. For a modification, revocation and reissuance, renewal or new permit, issue a draft permit which includes a fact sheet in accordance with N.J.A.C. 7:14A-15.8; 2. For the …

(a) The Department shall prepare a statement of basis when: 1. It suspends or revokes an existing permit pursuant to N.J.A.C. 7:14A-16.6; or 2. It denies an application for a new permit or permit renewal. (b) The statement of basis shall briefly describe: 1. The type of facility …

(a) The Department shall prepare a fact sheet for every general permit, new permit, permit renewal, permit revocation and reissuance or major permit modification. (b) The fact sheet shall briefly set forth the principal facts and the significant factual, legal, methodological, an…

(a) The provisions of a draft permit shall be based on the administrative record as defined in this section. (b) For preparing a draft permit under N.J.A.C. 7:14A-15.6, the administrative record shall consist of: 1. The application, if required, and any supporting data furnished …

This subchapter sets forth the causes for and the procedures governing the transfer, modification, revocation and reissuance, renewal, suspension, and revocation of existing NJPDES permits. Specific procedures governing authorizations issued under general permits are set forth at…

(a) A permittee shall not transfer a NJPDES permit to any person except after due notice to the Department in accordance with (b) or (d) below. (b) To identify a new owner or operator, a permit may be transferred: 1. As a major modification or revocation and reissuance if one or …

(a) An existing permit shall be modified, revoked and reissued, renewed, suspended, or revoked for cause as specified at N.J.A.C. 7:14A-16.4 through 16.6, as applicable, either at the request of the permittee, or a person, or upon the Department's initiative. (b) Any request unde…

(a) The Department shall issue a major modification or revoke and reissue a permit only for one or more of the causes set forth at (b) below. (b) The following constitute cause for major modification or revocation and reissuance of a permit: 1. Any material and substantial altera…

(a) The Department shall, with the consent of the permittee and without following the procedures set forth in N.J.A.C. 7:14A-15, modify a permit to make any of the following changes: 1. Correct typographical errors and make language changes that have no legal or substantial effec…

(a) The following are causes for suspending or revoking a permit during its term, or for denying a permit renewal application: 1. Noncompliance by the permittee with any condition of the permit; 2. The permittee's failure in the application or during the permit issuance or treatm…

(a) This subchapter sets forth the procedures for requesting an adjudicatory hearing and a stay of permit conditions and for the Department's evaluation and processing of such requests. The procedural stages for requesting an adjudicatory hearing and stay of permit conditions are…

(a) A permittee or a person who seeks and qualifies to be considered a party to the action pursuant to N.J.A.C. 7:14A-17.3 may submit to the Department a written request, by certified mail, or by other means which provides verification of the date of delivery to the Department fo…

(a) The Department shall determine, or shall refer the determination to an administrative law judge, whether a person, other than an applicant or a permittee, is a party to the action. (b) The Department shall determine whether a person is considered to be a party to the action w…

(a) The Department, in its discretion, shall decide the extent to which, if at all, the request for an adjudicatory hearing shall be granted. The Department may grant or deny a request for a hearing in whole or in part. (b) The Department shall deny a request for an adjudicatory …

(a) The Department shall provide public notice that an adjudicatory hearing has been granted by mailing a copy of the notice to: 1. The applicant(s) or permittee(s); 2. All commenters on the draft permit; 3. All persons who testified at the public hearing, if held; and 4. All per…

(a) The Department's grant of a request for an adjudicatory hearing shall not automatically stay any contested permit condition(s). A permittee shall submit a written request to the Department, by certified mail, or by other means which provides verification of the date of delive…

(a) Except as otherwise provided in N.J.S.A. 47:1A-1 et seq., any records, reports or information obtained by the Department, or required to be developed and retained by the permittee as a permit condition pursuant to this chapter, the State Act or N.J.S.A. 58:11-53, including al…

(a) The Department shall disclose information which has been determined to be entitled to confidential treatment to an authorized agent, under contract with the Department, if: 1. The Department determines that such disclosure is necessary in order for the agent to carry out the …