As used in this chapter, the following words and terms shall
have the following meanings, unless the context clearly indicates
otherwise:
"Abandoned well" means a well whose use has been discontinued
or which is in a state of disrepair such that it cannot be used for its
intended purpose or for observation purposes.
"Acidizing" means the injection of acid through the borehole
or well into a formation to increase permeability and porosity by dissolving
the acid-soluble portion of the rock constituents.
"Action levels" means permit conditions which are not
effluent limitations but require a permittee to act if breached.
"Actual flow" means the volume of sewage and other wastes
which a treatment works receives. Actual flow shall be determined by the
arithmetic average of the metered daily volumes of waste received at a
treatment works for the preceding period of three consecutive calendar months.
Where peak flows have been determined by the Department to be seasonal in
nature, the seasonal peak flow period shall be used in determining actual
flow.
"Acute to chronic ratio" means the ratio of the acute
toxicity of an effluent or a toxicant to its chronic toxicity. It is used as a
factor for estimating chronic toxicity on the basis of acute toxicity data, or
for estimating acute toxicity on the basis of chronic toxicity data.
"Acute toxicity" means a lethal or severe adverse sublethal
effect (for example, immobilization of daphnids) to an organism exposed to a
toxic substance for a relatively short period of time. Acute toxicity is
measured by short-term bioassays, generally of 48 or 96 hour duration.
"Adequate conveyance capacity" means:
1. In the downstream sewers, the peak dry weather flow does
not exceed 80 percent of the depth of the pipe and the peak wet weather flow
does not result in overflows or discharges from any unpermitted discharge
location; and
2. In downstream pumping stations with two pumps, peak dry
weather flow shall be handled by one pump, and in pumping stations with more
than two pumps, peak dry weather flow shall be handled with the largest pump
out of service, and the peak wet weather flow does not result in any overflow
or discharge from any unpermitted discharge location.
"Administratively" means those procedures used by the
Department in conducting normal business operations.
"Administratively continued" means the procedure used by the
Department to extend the time period for a permit, authorization, or approval
beyond the administrative expiration date of that permit, authorization, or
approval.
"Administrator" means the Administrator of the United States
Environmental Protection Agency (USEPA) or an authorized representative.
"Affected person" means a person who has asserted (and not
waived or withdrawn) a confidentiality claim covering information submitted to
the Department.
"Affected sewerage entity" means any public or private
sewerage authority, municipal utilities authority, joint meeting, State agency,
county, municipality, or other entity which owns or operates any sewage
treatment plant or sewage collection system, into which a treatment works will
discharge; or which has jurisdiction to treat or convey sewage or other
wastewater in the service area in which the proposed treatment works are to be
located.
"Agricultural land," for the purpose of N.J.A.C. 7:14A-20,
means land on which a food crop, a feed crop, or a fiber crop is grown. This
includes range land and land used as pasture.
"Agronomic rate" means the whole residual application rate on
a dry weight basis designed:
1. To provide the amount of nitrogen or other nutrients
needed by the food crop, feed crop, fiber crop, cover crop or vegetation grown
on the land;
2. To minimize the amount of nitrogen or other nutrients from
residual and all other fertilizer sources that passes below the root zone of
the crop or vegetation grown on the land to the ground water or that runs off
to surface waters; and
3. To provide the amount of calcium or magnesium oxides
capable of neutralizing soil acidity.
"Algaecide" means chemical agents which have the capacity to
destroy or otherwise control phytoplankton (algae) in water.
"Aliquot" means an individual sample of specified volume used
to make up a total composite sample.
"Amalgam separator" is a device to remove amalgam and its
metal constituents from dental facility wastewater.
"Amalgam waste" means and includes:
1. Non-contact amalgam (amalgam scrap that has not been in
contact with patient);
2. Contact amalgam (including, but not limited to, extracted
teeth containing amalgam);
3. Amalgam sludge captured by chairside traps, vacuum pump
filters, screens, and other amalgam trapping devices;
4. Used capsules containing amalgam; and
5. Leaking or unusable amalgam capsules.
"Ambient study" means a water quality, biological, mixing
zone, or other study conducted to determine the existing physical, chemical, or
biological conditions in a waterbody, existing effects of a discharge or other
activity on the physical, chemical, or biological conditions in a waterbody,
and/or to predict the potential physical, chemical, or biological effects of a
discharge or other activity on a waterbody.
"Anadromous fish" means fish that spend most of their life in
saline waters and migrate to fresh waters to spawn.
"Animal feeding operation" means a lot or facility (other
than an aquatic animal production facility) where the following conditions are
met:
1. Animals have been, are, or will be stabled or confined and
fed or maintained for a total of 45 days or more in any 12-month period;
and
2. Crops, vegetation, forage growth, or post-harvest residues
are not sustained in the normal growing season over any portion of the lot or
facility.
"Animal units" means the unit of measurement for any animal
feeding operation calculated as follows: the number of slaughter and feeder
cattle multiplied by 1.0, plus the number of mature dairy cattle multiplied by
1.4, plus the number of swine weighing over 25 kilograms (approximately 55
pounds) multiplied by 0.4, plus the number of sheep multiplied by 0.1, plus the
number of horses multiplied by 2.0.
"Annual pollutant loading rate" means the maximum amount of a
pollutant listed in
40 CFR 503.13
that can be applied to a unit area of land during a 365 day period.
"Annual whole residual application rate" means the maximum
amount of a residual (dry weight basis) that can be applied to a unit area of
land during a 365 day period.
"Applicant" means any person, corporation, government body or
other legal entity which applies for a NJPDES permit or Departmental approval
pursuant to this chapter.
"Application rates" means the hydraulic or loading limits
determined and set by the Department governing the application of pollutants to
the land or waters of the State.
"Apply residual or residual applied to the land" means land
application of residual. This definition shall include apply sludge or sludge
applied to the land as well as apply sewage sludge or sewage sludge applied to
the land.
"Approved industrial pretreatment program" means an
industrial pretreatment program prepared by a local agency and approved by the
Department in accordance with 40 CFR Part 403 and N.J.A.C. 7:14A-19.
"Aquatic substrata" means soil material and associated biota
underlying the water.
"Aquaculture projects" means a defined managed water area
which uses discharges of pollutants into that designated area for the
maintenance or production of harvestable freshwater, estuarine, or marine
plants and animals.
"Aquifer" means a geologic formation, group of geologic
formations, or a portion of a geologic formation capable of yielding a
significant amount of ground water to wells or springs.
"Area of review" means the area surrounding an injection well
described by the criteria set forth in 7:14A-8.13.
"Areawide plan" means any water quality management plan
adopted pursuant to Sections 208 and 303 of the Federal Act and Section 5 of
the "New Jersey Water Quality Planning Act," 58:11A-1 et seq.
"Authorized representative" means those persons whose
presence is in place of the actual entity, person, or Department, with all
rights and responsibilities.
"Average monthly discharge limitation" means the highest
allowable average of "daily discharges" over a calendar month calculated as the
sum of all daily discharges measured during a calendar month divided by the
number of daily discharges measured during that month.
"Average weekly discharge limitation" means the highest
allowable average of "daily discharges" over any seven consecutive days,
calculated as the sum of all daily discharges measured during any seven
consecutive days, divided by the number of daily discharges measured during
that period.
"Background ground water quality" is the ground water quality
that is not influenced by the discharge.
"Base flood" means a flood that has a one percent chance of
occurring in any given year (that is, a flood with a magnitude equaled once in
100 years).
"Baseline Report" means a report required following
promulgations of a Federal categorical standard, pursuant to
40 CFR
403.12(b).
"Batch discharge" means a "discharge" which occurs with
interruption throughout the operating hours of the facility.
"Best management practices" or "BMPs" for purposes of this
chapter means:
1. Schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to prevent or reduce the
pollution of waters of the State; or
2. Methods, measures, or practices selected by an agency to
meet its nonpoint source control needs.
BMPs also include treatment requirements, operating
procedures, and techniques to control site runoff, spillage or leaks, sludge or
waste disposal, or drainage from raw material storage. BMPs include, but are
not limited to, structural and nonstructural controls and operation and
maintenance procedures. BMPs can be applied before, during, and after
pollution-producing activities to reduce or eliminate the introduction of
pollutants into receiving waters.
"Bimonthly" means occurring every two months.
"Bioaccumulation" means the increase of the concentration of
a substance within the tissues of an organism, to levels in excess of that
substance's ambient environmental concentration, directly from the water or
through the ingestion of food (usually other organisms).
"Bioassay" means a toxicity test using aquatic organisms to
determine the concentration or amount of a toxic substance causing a specified
response in the test organisms under stated test conditions.
"Biocide" means chemical agents with the capacity to destroy
biological life forms. Bactericides, insecticides, and pesticides are examples
of biocides.
"Biological monitoring method" means a testing method which
utilizes any biological system or any of its parts for assessing the presence
or effects of one or more pollutants and/or environmental factors, either alone
or in combination.
"Biochemical oxygen demand" or "BOD" means the quantity of
dissolved oxygen in milligrams per liter (mg/l) either in an effluent or in a
waterbody, required during stabilization of decomposable organic matter by
aerobic biochemical action as determined by analytical procedures set forth in
the Manual of Methods for Chemical Analysis of Water and Wastes (USEPA, Office
of Technology Transfer, Washington, D.C., March 1983).
"Biota" means the animal and plant life of an ecosystem;
flora and fauna collectively.
"Biweekly" means occurring every two weeks.
"Board or body" means any governmental entity, who has or
shares authority to approve all or portions of permits either in the first
instance, as modified or reissued, or on appeal.
"Bulk residual" means residual that is not sold or given away
in a bag or other container for application to the land. This definition shall
include bulk sludge or bulk sewage sludge.
"Bunker silo" means a structure with low walls, a sloping
floor of an impervious material (usually concrete), and a leachate collection
system, designed to hold dewatered residuals.
"Bypass" means the anticipated or unanticipated intentional
diversion of waste streams from any portion of a treatment works.
"Carbonaceous biochemical oxygen demand" or "CBOD" means that
portion of the biological oxygen depletion either in an effluent or in a
waterbody which is due to the oxidation of carbon containing compounds.
"Casing" means a pipe or tubing of varying diameter and
weight, lowered into a borehole during or after drilling in order to support
the sides of the hole and thus prevent the walls from caving, to prevent loss
of drilling mud into porous ground, or to prevent water, gas, or other fluid
from entering the hole. For injection wells in Classes I, II, III, and IV, the
pipe or tubing shall be a heavy metal (steel or iron).
"Catastrophic collapse" means the sudden and total failure of
overlying strata caused by removal of underlying materials.
"Category One waters" means waters designated as such in the
Department's Surface Water Quality Standards at N.J.A.C. 7:9B.
"Category Two waters" means those waters not designated as
Outstanding National Resource Waters or Category One in 7:9B-1.15, the SWQS,
for purposes of implementing the Antidegradation Policies.
"Cementing" means the operation or process whereby a cement
slurry is pumped into a drilled hole and/or forced behind the casing.
"Certified laboratory" means a laboratory certified by the
Department in accordance with N.J.A.C. 7:18.
"Cesspool" means a covered pit with open-jointed lining into
which untreated sewage is discharged, the liquid portion of which is disposed
of by leaching into the surrounding soil, the solids or sludge being retained
within the pit. A cesspool is an injection well.
"Chemical oxygen demand" or "COD" means a measure of the
oxygen required to oxidize all compounds in water, both organic and inorganic
(in milligrams per liter, mg/l) in a waste sample under specific conditions of
an oxidizing agent, temperature and time as determined by analytical procedures
set forth in the for Chemical Analysis of Water and Wastes (USEPA, Office of
Technology Transfer, Washington, D.C., March 1983).
"Chlorine produced oxidants" means the sum of free and
combined chlorine and bromine as measured by the methods approved under
N.J.A.C. 7:18. In fresh waters the oxidants measured are comprised
predominantly of hypochlorous acid (HOCl), hypochlorite ion (OCl-),
monochloramine and dichloramine. In saline waters the oxidants measured are
comprised predominantly of the oxidants listed for fresh waters plus
hypobromous acid (HOBr), hypobromous ion (OBr-) and bromamines.
"Chronic toxicity" means death or other adverse impacts that
affect the growth, survival, or reproductive success of an organism or its
progeny after a relatively long exposure period to toxic substances. Chronic
toxicity is measured using intermediate-term or long-term bioassays.
"Class 1 sewage sludge management facility" means any
domestic treatment works (DTW) required to have an approved industrial
pretreatment program under
40
CFR 403.8(a) (including any
DTW located in a state that has elected to assume local program
responsibilities pursuant to 40 CFR part 403.10(e)) and any treatment works
treating domestic sewage classified as a Class 1 sewage sludge management
facility by the Regional Administrator, or, in the case of State sewage sludge
management program approval, the Regional Administrator in conjunction with the
Commissioner, because of the potential for its sewage sludge use or disposal
practice to affect public health and the environment adversely.
"Clean Water Act" (CWA) also known as the Federal Act or
Federal Clean Water Act (33 U.S.C.
§§
1251 et seq.) including all
subsequent supplements and amendments.
"Clean Water Act and regulations" means the Clean Water Act
(CWA) and applicable regulations promulgated thereunder. In the case of an
approved State program (NJPDES), it includes State program requirements.
"Closed conduit" means any closed natural or artificial duct,
such as a pipe, for conveying fluids.
"Coefficient of variation" means the statistical measure of
variability calculated as the standard deviation divided by the estimated
mean.
"col/100 mL" means the coliform colonies per 100
milliliters.
"Cold water aquatic animals" means, but is not limited to,
the Salmonidae family of fish (for example, trout and salmon).
"Combined sewer overflow" means the excess flow from the
combined sewer system which is not conveyed to the domestic treatment works for
treatment, but transmitted by pipe or other channel directly to waters of the
State.
"Combined sewer system" means a sewer system that is designed
to carry sanitary sewage at all times and that also is designed to collect and
transport stormwater from streets and other sources, thus serving a combined
purpose.
"Commercial unit" means one or more buildings, or one or more
rooms within a building, which will be occupied by a single individual,
corporation, company, association, society, firm, partnership or joint stock
company, and used for nonresidential purposes.
"Commissioner" means the Commissioner of the New Jersey
Department of Environmental Protection or an authorized representative.
"Committed flow" means the sum of the actual flow plus the
sum of all flows which are anticipated from connections which have been
approved but are not yet in operation. The flow to be anticipated from any such
connections shall be that flow approved by the Department.
"Common plan of development or sale" means a contiguous area
where multiple separate and distinct development activities have occurred, are
occurring, or are proposed to occur under one plan. The "plan" in a common plan
of development is broadly defined as any announcement or piece of documentation
(including, but not limited to, a sign, public notice or hearing,
advertisement, drawing, permit application, zoning request) or physical
demarcation (including, but not limited to, boundary signs, lot stakes,
surveyor markings).
"Complete permit application" means a permit application
which is both administratively and technically complete. An administratively
complete permit application is a permit application which complies with all of
the requirements in the permit application checklist referenced in
7:14A-15.3(c). A technically complete permit application is a permit
application which has been determined to be administratively complete and
satisfactorily addresses the requirements in the permit application checklist
and any specific permit application requirements for the particular type of
discharge set forth in this chapter.
"Compliance monitoring report" means a report periodically
submitted by a permittee to verify continued compliance. This term includes a
Discharge Monitoring Report (DMR) and any report required in an SIU permit
pursuant to
40 CFR
403.12(e).
"Composite sample" means a sample composed of several
discrete samples combined in a known proportion. For NJPDES wastewater
monitoring, a composite sample is a sample composed of several discrete samples
collected at equal time intervals, or proportionally to the flow rate of the
discharge.
"Composting" means the biological decomposition of dewatered
organic residuals under controlled conditions of temperature, pH, oxygen and
moisture, by which the volatile fraction, the putrescibility, and the pathogen
concentrations in the residuals are reduced.
"Concentrated animal feeding operations" means an animal
feeding operation which meets the criteria set forth in 7:14A-2.13.
"Concentrated aquatic animal production facilities" means a
commercial aquarium, hatchery, fish farm, or other facility which meets the
criteria set forth in 7:14A-2.14.
"Confidence interval" means the interval above and below the
mean of the sample data set within which the true mean of the entire data set
would be expected to be found.
"Confidence interval for individual data points" means the
interval above and below the mean of the sample data set within which any
individual datum would be expected to be found.
"Confidentiality claim" means a claim or allegation that
information is entitled to confidential treatment because such information
constitutes a trade secret.
"Confined aquifer" means an aquifer bounded above and below
by impermeable beds or by beds of distinctly lower permeability than that of
the aquifer itself; an aquifer containing confined ground water.
"Confining bed" means a body of impermeable or distinctly
less permeable material stratigraphically adjacent to one or more
aquifers.
"Confining zone" means a geological formation, group of
formations, or part of a formation that is capable of limiting fluid movement
above an injection zone.
"Connection" means, for purposes of N.J.A.C. 7:14A-22only,
any physical or operational change, associated with an increase in projected
flow, to a collection system of any building, facility, or other structure
either proposed or existing for which a building permit or other municipal
approval including site plan or subdivision approval is required, and which
connects directly or indirectly to any portion of a treatment works.
"Connection approval" means a treatment works approval to
construct and/or operate a connection pursuant to 58:10A-6, N.J.A.C. 7:14A-2 or
7:14A-22 or a permit to construct and operate a sewer connection.
"Conservation Plan" means the information provided to a land
user that includes guidance, alternatives, and decisions as needed to plan and
apply resource management systems consistent with the National Conservation
Planning Manual, Title 11, Natural Resources Conservation Service, United
States Department of Agriculture, including all future amendments and
supplements.
"Conservative parameter" means any parameter which is not
significantly degraded by physical, chemical, or biological processes which may
occur in a waterbody.
"Construction" means any placement, assembly or installation
of facilities, equipment or treatment works, or modification of existing
buildings, structures or facilities which is necessary for the placement,
assembly or installation of new source facilities, equipment or treatment
works, or entering into a binding contractual obligation for the purchase of
facilities or equipment which are intended to be used in its operation within a
reasonable time. Options to purchase or contracts which can be terminated or
modified without substantial loss and contracts for feasibility, engineering
and design studies do not constitute a contractual obligation for the purposes
of this definition.
"Construction cost" means the project cost, not including
financing or insurance charges, of that portion of a project that is subject to
review for a treatment works approval.
"Construction waste" means a construction waste as defined in
7:26-1.4, examples of which are identified in 7:26-1.7(e)1 iii.
"Control authority" means the entity responsible for
administering an industrial pretreatment program pursuant to 40 CFR 403 and
N.J.A.C. 7:14A-19 and shall be the Department in areas of the State served by a
local agency without an approved industrial pretreatment program or the
delegated local agency in all other areas of the State.
"Controlled streams" means any uni-directional waterbody
where the quantity or timing of water flow is determined by dams which restrict
or otherwise regulate the flow in the waterbody.
"Contaminant" means any physical, chemical, biological, or
radiological pollutant or matter in water.
"Contiguous zone" means the entire zone established by the
United States under Article 24 of the Convention on the Territorial Sea and the
Contiguous Zone.
"Continuous discharge" means a discharge which occurs without
interruption throughout the operating hours of the facility, except for
infrequent shutdowns for maintenance, process changes, or other similar
activities.
"Conventional pollutant" means a pollutant designated under
Section 304(b)(4) of the Federal Act.
"Co-permittee" means, for purposes of 7:14A-24.2 and 25.9
only, a permittee that is only responsible for NJPDES permit conditions
relating to the discharge for which that permittee is an operating
entity.
"Cover crop" means a crop of close growing grasses, legumes,
or small grains grown primarily for seasonal protection and soil improvement. A
cover crop usually is grown for one year or less, except where there is
permanent cover as in orchards.
"Criteria" means those elements of the Surface Water Quality
Standards, set forth at N.J.A.C. 7:9B, expressed as constituent concentrations,
levels, or narrative statements, representing a quality of water that supports
a designated use. When the criteria are met, water quality will generally
protect the designated use.
"Criteria continuous concentration" means the chronic aquatic
life criteria set forth in N.J.A.C. 7:9B-1.
"Criteria maximum concentration" means the acute aquatic life
criteria set forth in N.J.A.C. 7:9B-1.
"Critical biological periods" means those time periods when
significant portions of the biological community may be adversely affected by
discharge activities, including reproductive periods or periods of stress
resulting from non-biotic factors such as elevated temperature.
"Critical conditions" means the combination of those ambient
conditions when the ambient water quality standards are more likely to be
violated, such as elevated temperature or low flow periods.
"Cumulative pollutant loading rate" means the maximum amount
of a pollutant listed in
40 CFR 503.13
that can be applied to an area of land.
"Cumulative substance" means a substance that may be
bioaccumulated within an organism to concentrations that exert a toxic effect
on that organism or render it unfit for consumption.
"Daily" means every calendar day including weekends and
holidays.
"Daily discharge" means the discharge of a pollutant measured
during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants with limitations
expressed in units of mass, the daily discharge is calculated as the total mass
of the pollutant discharged over the day. For pollutants with limitations
expressed in other units of measurement, the daily discharge is calculated as
the average measurement of the pollutant expressed in designated units,
calculated over the day.
"Daily monitoring" means monitoring conducted every calendar
day, including weekends and holidays.
"Day" means an operating day or 24-hour period.
"Delegated local agency" means a local agency with an
industrial pretreatment program approved by the Department.
"Dental facility" means any dental clinic, dental office, or
dental practice, including hospitals, dental schools, and community health
centers.
"DEP Bulletin" means the publication issued by the Department
designed to provide public notice of certain Department actions.
"Department" means the New Jersey Department of Environmental
Protection.
"Department sanctioned analytical method" or "DSAM" means a
method that laboratories may be certified to perform if they qualify under the
requirements of the Regulations Governing the Certification of Laboratories and
Environmental Measurements rules at N.J.A.C. 7:18. Mandatory methods, published
or referenced in the Code of Federal Regulations, become DSAMs on their stated
effective date. DSAMs that are needed for analysis of Department program
regulatory samples, are designated as DSAMs by procedures described at
7:18-2.21.
"Design flow" means the average daily volume of wastewater
which a domestic treatment works was designed to treat or convey, or the
maximum permissible volume of flow to a domestic treatment works as established
by a NJPDES permit or a treatment works approval, whichever is most
stringent.
"Designated project area" means the portions of the waters of
the State within which the permittee or permit applicant plans to confine the
cultivated species, using a method or plan of operation (including, but not
limited to, physical confinement) which, on the basis of reliable scientific
evidence, is expected to ensure that specific individual organisms comprising
an aquacultural crop will enjoy increased growth attributable to the discharge
of pollutants, and be harvestable within a defined geographic area.
"Designated use" means those surface water or ground water
uses, both existing and potential, that have been established by the Department
for waters of the State.
"Diadromous fish" means fish that spend most of their life in
one type of water, either fresh or saline, and migrate to the other type to
spawn.
"Diffuser" means a device which is attached to the outfall
pipe to improve the mixing of the effluent with the receiving water.
"Dike" means an embankment or ridge of either natural or
man-made materials used to prevent the movement of liquids, sludges, solids or
other materials.
"Direct discharge" means a discharge to surface water. A
direct discharge includes any discharge through a separate storm sewer that
does not lead to a DTW.
"Director" means the Director of the Department's Division of
Water Quality, its predecessor or successor, or an authorized
representative.
"Discharge" means an intentional or unintentional action or
omission resulting in the releasing, spilling, leaking, pumping, pouring,
emitting, emptying, or dumping of a pollutant into the waters of the State,
onto land or into wells from which the pollutant might flow or drain into such
waters, or into waters or onto lands outside the jurisdiction of the State
which pollutant enters the waters of the State, and shall include the release
of any pollutant into a municipal treatment works. A leak into a secondary
containment system which does not involve a release into the waters or lands of
this State is not a "discharge" for purposes of applying the rules under this
chapter to violations of the Underground Storage of Hazardous Substances Act,
58:11-49 et seq. and the rules promulgated pursuant thereto, N.J.A.C.
7:14B.
"Discharge Allocation Certificate" or DAC means the
certificate issued by the Department which designates the quantity and quality
of pollutants which may be discharged by any person planning to undertake any
activity which will result in a discharge to surface water or a substantial
modification in a discharge to surface water.
"Discharge Monitoring Report" means the EPA's uniform
national form, as amended, for the reporting of self-monitoring results by
permittees, and includes Baseline Reports.
"Discharger" means any person, corporation, municipality,
sewerage authority or other entity, who causes or allows any discharge.
"Discharge to surface water" or "DSW" means a direct
discharge to surface water as defined in N.J.A.C. 7:9B. DSW does not include a
discharge to a DTW.
"Disinfection" means the removal, destruction, or
inactivation of pathogenic and indicator organisms.
"Disposal" means, for the purposes of management of residuals
including sewage sludge and of solid and hazardous waste, the storage,
treatment, utilization, processing, resource recovery of, or the discharge,
deposit, injection, dumping, spilling, leaking, or placing of any solid or
hazardous waste into or on any land or water so that the solid or hazardous
waste or any constituent thereof may enter the environment or be emitted into
the air or discharged into any waters, including ground waters.
"Disposal well" means a well used for the disposal of waste
into a subsurface stratum.
"Dissolved metal" means that concentration of metal that
passes through a 0.45 [micro]m membrane filter.
"District Sludge Management Plan" means the formalized
document developed by a Solid Waste Management District under the New Jersey
Solid Waste Management Act, 13:1E-1 et seq., or its designated or delegated
lead planning agency(ies) for submission to the State for certification as
mandated in the Solid Waste Management Act. The Plan is adopted by the District
and approved by the State. The District Sludge Management Plan is comprised of
all forms in Appendix K of the Statewide Sludge Management Plan and is divided
into four documents: an Inventory and Strategy Document, an Alternatives
Document, a Selection Document, and an Implementation Document. For the
purposes of the Statewide Sludge Management Plan, the District Sludge
Management Plan shall also include the sludge management plans prepared by a
sludge generator directed by the Department to plan in the event of District
failure to plan.
"Domestic pollutant" means a pollutant which results from the
discharge of household, commercial or other wastes from bathrooms, toilet
facilities, home laundries and kitchens which are predominantly the result of
natural human waste elimination associated with bodily function and food
preparation.
"Domestic septage" means either liquid or solid material
removed from a septic tank, cesspool, portable toilet, Type III marine
sanitation device, or similar treatment works that receives only domestic
sewage. Domestic septage does not include liquid or solid material removed from
a septic tank, cesspool, or similar treatment works that receives process
wastewater and does not include grease removed from a grease trap.
"Domestic sewage" means waste and wastewater from humans or
household operations that is discharged to or otherwise enters a treatment
works.
"Domestic treatment works" or "DTW" means all publicly owned
treatment works as well as any other treatment works processing primarily
domestic sewage and pollutants together with any ground water, surface water,
stormwater or process wastewater that may be present.
"Domestic wastewater" means the liquid waste or liquid borne
wastes discharged into a domestic treatment works.
"Draft permit" means a publicly noticed document indicating
the Department's intent to issue, deny, modify, revoke and reissue, revoke, or
reissue a permit.
"Dredged spoil" means sediments, known as spoil, removed
during dredging operations.
"Drilling mud" means a heavy suspension used in drilling an
injection well, introduced down the drill pipe and through the drill
bit.
"Dry weight basis" means calculated on the basis of having
been dried at 105 degrees Celsius until reaching a constant mass (that is,
essentially 100 percent solids content).
"EC[50]" means the median effective concentration of a toxic
substance expressed as a statistical estimate of the concentration that has a
specified adverse effect on 50 percent of the test organisms under specified
test conditions, based on the results of an acute bioassay.
"Effective date of a UIC program" means the date that a State
UIC program is approved or established by the Administrator.
"Effluent concentrations consistently achievable through
proper operations and maintenance" means:
1. For a given pollutant parameter, the 95th percent value
for the 30-day average effluent quality achieved by a treatment works in a
period of at least two years, excluding values attributable to upsets,
bypasses, operational errors, or other unusual conditions; and
2. A seven-day average value equal to the product of the
value derived under paragraph 1 of this definition, multiplied by 1.5.
"Effluent data" means with reference to any source of
discharge of any pollutant:
1. Information necessary to determine the identity, amount,
frequency, concentration, temperature, or other characteristics (to the extent
related to water quality) of any pollutant which has been discharged by the
source (or of any pollutant resulting from any discharge from the source), or
any combination of the foregoing;
2. Information necessary to determine the identity, amount,
frequency, concentration, temperature, or other characteristics (to the extent
related to water quality) of the pollutants which, under an applicable standard
or limitation, the source was authorized to discharge (including, to the extent
necessary for such purpose, a description of the manner or rate of operation of
the source); and
3. A general description of the location and/or nature of the
source to the extent necessary to identify the source and to distinguish it
from other sources (including, to the extent necessary for such purposes, a
description of the device, installation, or operation constituting the
source).
4. Notwithstanding 1 through 3 above, the following
information shall be considered to be "effluent data" only to the extent
necessary to allow the Department to disclose publicly that a source is (or is
not) in compliance with an applicable standard or limitation, or to allow the
Department to demonstrate the feasibility, practicability, or attainability (or
lack thereof) of an existing or proposed standard or limitation:
i. Information concerning research, or the results of
research, on any product, method, device, or installation (or any component
thereof) which was produced, developed, installed, and used only for research
purposes; and
ii. Information concerning any product, method, device, or
installation (or any component thereof) designed and intended to be marketed or
used commercially but not yet so marketed or used.
"Effluent limitation" means any restriction on quantities,
quality, discharge rates and concentration of chemical, physical, thermal,
biological, radiological, and other constituents of pollutants established by
permit, or imposed as an interim enforcement limit pursuant to an
administrative order, including an administrative consent order.
"Effluent limitation guidelines" means a regulation published
by the Administrator under Section 304(b) of the Federal Act.
"Emergency permit" means a permit issued in accordance with
7:14A-6.14.
"Epilimnion" means the freely circulating upper region of a
thermally stratified waterbody extending from the surface to the
thermocline.
"Exceptional quality" means, for a residual generated under a
NJPDES permit, that the ceiling concentrations in
40 CFR
503.13(b)1, incorporated by
reference, the pollutant concentrations in
40 CFR
503.13(b)3, incorporated by
reference, the Class A pathogen requirements in
40 CFR
503.32(a), incorporated by
reference, and one of the vector attraction reduction requirements in
40 CFR
503.33(b)1 through 8,
incorporated by reference, are met.
"Excessive inflow/infiltration" means the quantities of
infiltration/inflow (I/I) which can be economically eliminated from a sewer
system as determined in a cost effectiveness analysis that compares the cost
for correcting the I/I conditions to the total costs for transportation and
treatment of the I/I (see also the definitions for "nonexcessive infiltration"
and "nonexcessive inflow").
"Existing discharge" means a permitted discharge which is not
a new source.
"Existing injection well" means an injection well other than
a new injection well.
"Existing source" means any source which is not a new source,
including presently existing discharges which are not currently
permitted.
"Existing uses" means the following:
1. As related to the Ground Water Quality Standards, means
those uses of ground water actually attained, whether or not they are included
in the Ground Water Quality Standards, N.J.A.C. 7:9C; and
2. For surface waters, those uses actually attained in the
waterbody on or after November 28, 1975, whether or not they are included in
the Surface Water Quality Standards, N.J.A.C. 7:9B.
"Facility" or "activity" means any hazardous waste management
facility, injection well, NJPDES point source or treatment works treating
domestic sewage, or State approved dredge or fill activity, pursuant to Section
404 of the Federal Act, or any other facility or activity (including land or
appurtenances thereto) that is subject to regulation under the RCRA, UIC,
NJPDES, or 404 programs.
"Facilities eligible for treatment equivalent to secondary
treatment" means treatment works which are eligible for consideration for
effluent limitations described for treatment equivalent to secondary treatment
if:
1. The BOD[5] and TSS effluent concentrations consistently
achievable through proper operation and maintenance of the treatment works
exceed the minimum level of the effluent quality set forth in N.J.A.C.
7:14A-12;
2. A trickling filter or waste stabilization pond is used as
the principal process; and
3. The treatment works provide significant biological
treatment of municipal wastewater.
"Facility-wide permit" means a single permit issued by the
Department to the owner or operator of a priority industrial facility
incorporating the permits, certificates, registrations, or any other relevant
Department approvals previously issued to the owner or operator of the priority
industrial facility pursuant to the Solid Waste Management Act, 13:1E-1 et
seq., the Water Pollution Control Act, 58:10A-1 et seq., the Air Pollution
Control Act, 26:2C-1 et seq., and the appropriate provisions of the Pollution
Prevention Plan prepared by the owner of operator of the priority industrial
facility pursuant to 13:1D-41 and 42.
"Federal Act" means the Clean Water Act or the Federal Water
Pollution Control Act (33 U.S.C.
§§
1251 et seq.) including all
subsequent supplements and amendments.
"Feed crops" means crops produced primarily for consumption
by animals.
"Fiber crops" means crops produced primarily for the
production of plant fiber, but which also can be grown to produce products
consumed by humans. Fiber crops include crops such as flax and cotton.
"Final cover," for the purpose of N.J.A.C. 7:14A-20, means
the last layer of soil or other material placed on a surface disposal site at
closure.
"Final permit decision" means the Department's determination
to issue, deny, modify, suspend, or revoke a permit. Such a determination is a
final agency action which is deemed pursuant to 58:10A-7 to constitute a
contested case under the Administrative Procedure Act, 52:14B-1 et seq.
"Flow proportional composite" means a single sample which
receives equal aliquots at equal flow intervals.
"Flow rate" means the volume per time unit given to the flow
of gases or other fluid substance which emerges from an orifice, pump, or
turbine or passes along a conduit or channel.
"Flow-through bioassay" means a toxicity test in which the
test solutions flow into and out of the test chambers on a once-through basis
for the duration of the test, in accordance with N.J.A.C. 7:18.
"Fluid" means, for the purposes of N.J.A.C. 7:14A-8, any
material or substance which flows or moves whether in a semisolid, liquid,
sludge, gas, or any other form or state.
"Food crops" means crops consumed by humans. These include,
but are not limited to, fruit, vegetables, and tobacco.
"Food-chain crops" means food crops, fiber crops, and/or feed
crops.
"Foreign material" means material contained in a residual
which is neither process oriented nor product oriented, or material which is
not compatible with land application (for example, aeration piping or
Phragmites rhizomes).
"Forest," for the purpose of N.J.A.C. 7:14A-20, means a tract
of land thick with trees and underbrush.
"Formation" means a body of rock or unconsolidated sediments
characterized by a degree of lithologic homogeneity which is prevailingly, but
not necessarily, tabular and is mappable on the earth's surface or traceable in
the subsurface.
"Formation fluid" means "fluid" present in a "formation"
under natural conditions as opposed to introduced fluids, such as "drilling
mud."
"Freeboard" means the vertical distance between the top of a
surface impoundment and the surface of the waste contained therein.
"Free liquids" means liquids which readily separate from the
solid portion of a waste as defined by method 9095 (Paint Filter Liquids Test),
as described in Test Methods for Evaluating Solid Wastes, Physical/Chemical
Methods (EPA Pub. No. SW-846).
"Fresh water(s)" means all nontidal and tidal waters
generally having a salinity, due to natural sources, of less than or equal to
3.5 parts per thousand at mean high tide.
"FW" means the general surface water classification applied
to fresh waters.
"FW1" means those fresh waters, as designated in
7:9B-1.15(h), Table 6, that are to be maintained in their natural state of
quality (set aside for posterity) and not subjected to any man-made wastewater
discharges or increases in runoff from anthropogenic activities. These waters
are set aside for posterity because of their clarity, color, scenic setting,
other characteristic of aesthetic value, unique ecological significance,
exceptional recreational significance, or exceptional water supply
significance.
"FW2" means the general surface water classification applied
to those fresh waters that are not designated as FW1 or Pinelands
Waters.
"Froude number" means the numerical quantity used to
characterize the type of flow in an open channel from which a representative
grab sample may be taken for the purposes of this subchapter.
"General permit" means a NJPDES permit authorizing a category
of discharges within a geographic area. General permits include permits for
similar types of discharges including, but not limited to, stormwater
associated with industrial activity, non-contact cooling water, and car
dealership car washes.
"Governmental entity" means a Federal, State, interstate
agency, county or municipal government or school district whose jurisdiction is
partially or entirely within the State.
"Grab sample" means an individual sample collected over a
time period of less than 15 minutes.
"Ground water" means that portion of water beneath the land
surface that is within the saturated zone.
"Ground Water Quality Standards" means the New Jersey rules
at N.J.A.C. 7:9C which set forth a designated use or uses for the ground waters
of the State, use classifications, water quality criteria for the State's
waters based upon such uses, and the Department's policies concerning these
uses, classifications and criteria.
"Grit and screenings" means solid waste generated during the
preliminary treatment of domestic sewage in a treatment works. Grit includes
sand, gravel, cinders or other materials with a high specific gravity.
Screenings include relatively large materials such as rags typically removed by
mechanical screening of domestic wastewater prior to primary or secondary
treatment at a DTW.
"Hazardous pollutant" means:
1. Any toxic pollutant;
2. Any hazardous substance as defined by the New Jersey Spill
Compensation and Control Act, N.J.S.A. 58:10-23.11; or
3. Any substance regulated as a pesticide under the Federal
Insecticide, Fungicide and Rodenticide Act,
7
U.S.C. §§
136 et seq.; or
4. Any substance the use or manufacture of which is
prohibited under the Federal Toxic Substances Control Act,
15 U.S.C. §§
2601 et seq.; or
5. Any substance identified as a known carcinogen by the
International Agency for Research on Cancer; or
6. Any hazardous waste designated pursuant to the New Jersey
Solid Waste Management Act, 13:1E-1 et seq. or the Federal Resource
Conservation and Recovery Act,
42 U.S.C. §§
6901 et seq.
"Hazardous substance" means any substance designated under 40
CFR 116 pursuant to Section 311 of the Federal Act, the Spill Compensation and
Control Act, N.J.S.A. 58:10-23.11 et seq., or Section 4 of the State
Act.
"Hazardous waste" means any waste that is defined or
identified as a hazardous waste pursuant to the Solid Waste Management Act,
13:1E-1 et seq., N.J.A.C. 7:26G, or 40 CFR Part 261.
"Headworks analysis" means a mathematical method used to
determine the maximum allowable loading of a pollutant at the "headworks" or
influent to the treatment plant.
"Heating oil" has the meaning as defined pursuant to the
Heating Oil Tank System Remediation Rules at N.J.A.C. 7:26F-1.5.
"Heating oil tank system" has the meaning as defined in the
Heating Oil Tank System Remediation Rules, N.J.A.C. 7:26F-1.5.
"Heating oil" means any grade of petroleum product including,
but not limited to, No. 1, 2, 4 (light and heavy), 5 (light and heavy), and
fuel oils, diesel and kerosene or any grade or type used to heat residential
buildings.
"Holding time" means the length of the time from collection
of the sample until the time of initiation of the analysis.
"Hydraulic jump" means the sudden passage of water in an open
channel from low depth to high depth, during which the velocity changes from
supercritical (Fr[GREATER THAN]1) to subcritical (Fr[LESS THAN]1), where Fr
stands for Froude Number.
"Hypolimnion" means the lower region of a stratified
waterbody that extends from the thermocline to the bottom of the waterbody, and
is isolated from circulation with the upper waters, thereby receiving little or
no oxygen from the atmosphere.
"Illicit connection" means, for purposes of N.J.A.C.
7:14A-25only, any physical or non-physical connection that discharges the
following to a municipal separate storm sewer system (unless that discharge is
authorized under a NJPDES permit other than the NJPDES permit for discharges
from that system):
1. Domestic sewage;
2. Non-contact cooling water, process wastewater, or other
industrial waste (other than stormwater); or
3. Any category of non-stormwater discharges that a permittee
for the MS4 identifies as a source or significant contributor of pollutants
pursuant to
40
C.F.R.
122.26(d)(2)(iv)(B)(1) or
122.34(b)(3)(iii).
Non-physical connections may include, but are not limited to,
leaks, flows, or overflows into the municipal separate storm sewer
system.
"Important species" means species that are commercially
valuable (for example, within the top ten species landed, by dollar value);
recreationally valuable; threatened or endangered; critical to the organization
and/or maintenance of the ecosystem; or other species necessary in the food web
for the well-being of the species identified in this definition.
"Impoundment" means a body of water confined by a dam, dike,
floodgate, or other barrier.
"Incineration" means the combustion of organic or inorganic
matter, or both, at high temperatures in an enclosed device.
"Income" means all sources of revenue from wherever derived,
including wages, retirement benefits, consultant fees, interest, and stock
dividends.
"Incorporated place" means the District of Columbia, or a
city, town, township, or village that is incorporated under the laws of the
State in which it is located.
"Indirect discharge" means any discharge, excluding any
discharges by municipal collection systems, into any domestic treatment
works.
"Indirect user" means an entity with an indirect
discharge.
"Individual subsurface sewage disposal system" means a system
for the disposal of sanitary sewage into the ground, which is designed and
constructed to treat sanitary sewage in a manner that will retain most of the
settleable solids in a septic tank and discharge the liquid effluent to a
disposal field.
"Industrial pollutants" means non-domestic pollutants,
including but not limited to, those pollutants regulated under Section 307(a),
(b) or (c) of the Federal Act.
"Industrial pretreatment program" means a program designed to
regulate the introduction of pollutants into a local agency's treatment works
from any nondomestic source.
"Industrial Pretreatment Program Permit" or "IPP Permit"
means authorization, license, or equivalent control document issued by a
delegated local agency to implement the requirements of the IPP. An IPP Permit
includes a letter of agreement entered into between a delegated local agency
and a user of its municipal treatment works, setting effluent limitations and
other conditions on the user of the agency's municipal treatment works.
"Industrial treatment works" means a treatment works which
treats primarily process wastewater and/or industrial pollutants as determined
by the percentage of process wastewater, or mass loading of BOD, COD or
suspended solids in the wastewater flow. Industrial treatment works shall also
include any treatment works, whether publicly or privately owned, which treats
primarily wastewater or leachate from a municipal solid waste facility or a
potable water treatment plant. This definition shall includes SIU pretreatment
works.
"Industrial waste" means non-domestic waste, including, but
not limited to, those pollutants regulated under Section 307(a), (b), or (c) of
the Federal Clean Water Act.
"Industrial wastewater treatment system" means any structure
or structures by means of which industrial liquid waste or sludges are
subjected to any treatment process.
"Industrial water supply" means water used for processing or
cooling.
"Infiltration percolation lagoon" means a natural topographic
depression, man-made excavation, or diked area formed primarily of earthen
materials (although it may be lined with man-made materials), which is designed
to transmit pollutants to the subsurface and which is not an injection
well.
"Inhibition concentration" means that concentration of
effluent which produces the specified inhibition effect in a chronic whole
effluent toxicity test. An IC25 is the concentration of effluent which produces
an inhibition of 25 percent for the monitored effect as compared to the
control.
"Injection well" means a well, septic system, subsurface
disposal bed, cavity, tube or pipe, or any structure used to deliver fluids
directly to a point below the ground surface.
"Injection zone" means a geological formation, group of
formations, or part of a formation receiving fluids through a well.
"Interference" means:
1. Inhibiting or disrupting the operation of a DTW or its
treatment processes so as to contribute to, or cause a violation of any
condition of a State or Federal permit;
2. Discharging industrial process wastewater which, in
combination with existing domestic flows, is of such quantity and/or quality as
to exceed the treatment process design capacity; or
3. Preventing the use or disposal of sludge produced by the
DTW in accordance with Section 405 of the Federal Act, the Federal Resource
Conservation and Recovery Act ( 42 U.S.C. §§ 3251 et seq.), the
Federal Clean Air Act (42 U.S.C.
§§
7401 et seq.), the Federal Toxic
Substances Control Act (15 U.S.C. §§
2601 et seq.), the Marine Protection,
Research and Sanctuaries Act (33 U.S.C.
§§
1401 et seq. and
16 U.S.C.
§§
1431 et seq.), Sections 2, 4 and
6 of the State Act, and any regulations, criteria, or guidelines developed
pursuant thereto, including, but not limited to, N.J.A.C. 7:14A-20 and the
Statewide Sludge Management Plan.
"Intermittent stream" means a stream with a MA7CD10 flow of
less than one-tenth (0.1) cubic foot per second.
"Interstate agency" means an agency of two or more states
established by or under an agreement or compact approved by the Congress, or
any other agency of two or more states.
"Irreparable harm" means significant undesirable effects
occurring after the date of permit issuance which cannot be reversed after
cessation or modification of the discharge.
"ISO 11143" is the International Organization for
Standardization's standard for amalgam separators, and incorporated herein by
reference, and specifically means ISO 11143:1999. The standard is available
from the ISO at http://www.iso.org.
"Joint meeting" means the meeting or assembly of the members
of the governing bodies or boards of the several municipalities having
authority to make and enter into contracts for the construction jointly of the
works or improvements authorized by 40:63-70.
"Lake, pond, or reservoir" means any impoundment, whether
naturally occurring or created in whole or in part by the building of
structures for the retention of surface water, excluding sedimentation control
and stormwater retention/detention basins and ponds designed for treatment of
wastewater. Lakes, ponds, and reservoirs are characterized by a long term or
permanent downgradient restriction of surface water flow from the impoundment
and areas of quiescent water within the body of the impoundment. Lakes, ponds,
and reservoirs are frequently characterized by greater water depths within the
impoundment than either the upgradient or downgradient surface water flow and
by shallow water lateral edges containing emergent or submerged plant species.
For regulatory purposes, the upgradient boundary of a lake, pond, impoundment,
or reservoir shall be considered to be the point at which areas of greater
depth and relatively quiescent water can be differentiated from the upgradient
surface water input into the impoundment under average flow conditions.
"Landfill" see sanitary landfill.
"Land application" means the controlled discharge of
pollutants onto or into the surface soil horizon in such a manner that the
materials are treated by and/or become incorporated into and blended with the
soil.
"Land application of residual" means the spraying or
spreading of residual onto the land surface; the injection of residual below
the land surface; or the incorporation of residual into the soil so that the
residual can either condition the soil or fertilize crops or vegetation grown
in the soil. This definition shall include the land application of sludge and
the land application of sewage sludge.
"Land-based sludge management criteria" means those standards
established by the Department in the Statewide Sludge Management Plan adopted
pursuant to the Solid Waste Management Act, 13:1E-1 et seq., or established
pursuant to the Federal Act, or any regulations adopted pursuant
thereto.
"Large municipal separate storm sewer system" means all
municipal separate storm sewers, other than those owned or operated by the
United States, that discharge to surface water and are either:
1. Located in an incorporated place with a population of
250,000 or more as determined by the 1990 Decennial Census by the Bureau of the
Census. See 40 CFR Part 122, Appendix F (Newark is listed); or
2. Located in the counties listed in 40 CFR Part 122,
Appendix H (No New Jersey counties are listed), except municipal separate storm
sewers that are located in the incorporated places, townships or towns within
such counties; or
3. Owned or operated by a municipality other than those
described in paragraph 1 or 2 of this definition and that are designated by the
Department as part of the large or medium municipal separate storm sewer system
due to the interrelationship between the discharges of the designated storm
sewer and the discharges from municipal separate storm sewers described under
paragraph 1 or 2 of this definition. In making this determination the
Department may consider the following factors:
i. Physical interconnections between the municipal separate
storm sewers;
ii. The location of discharges from the designated municipal
separate storm sewer relative to discharges from municipal separate storm
sewers described in paragraph 1 of this definition;
iii. The quantity and nature of pollutants discharged to
waters of the United States;
iv. The nature of the receiving waters; and
v. Other relevant factors; or
4. Upon petition, designated by the Department as a large
municipal separate storm sewer system, municipal separate storm sewers located
within the boundaries of a region defined by a stormwater management regional
authority based on a jurisdictional, watershed, or other appropriate basis that
includes one or more of the systems described in paragraphs 1, 2, or 3 of this
definition.
"LC50" means the median lethal concentration of a toxic
substance, expressed as a statistical estimate of the concentration that kills
50 percent of the test organisms under specified test conditions, based on the
results of an acute bioassay.
"Leachate" means liquid that has been in contact with solid
waste.
"Leachate collection system" means a system or device
installed immediately above a liner that is designed, constructed, maintained,
and operated to collect and remove leachate.
"Lead planning agency (delegated)" means the POTW which, by
agreement with the District as defined in the Statewide Sludge Management Plan,
is to execute sludge management and planning for that District.
"Letter of Land Application Management Approval" or "LLAMA"
means the letter issued by the Department pursuant to N.J.A.C. 7:14A-20 and the
Statewide Sludge Management Plan, containing a determination that use of
residual or the operations at a residual land application site satisfy the
requirements of the New Jersey Water Pollution Control Act, 58:10A-1 et seq.,
if operated consistently with the requirements stated within the letter.
"Level of pollutant control actually achieved" means:
1. For conventional and nonconventional pollutants, the
effluent concentration consistently achieved through proper operation and
maintenance as defined in this section with a 30-day and seven-day average
effluent limitation.
2. For toxic pollutants, the effluent limitations based on
existing effluent quality as defined at 7:14A-13.8 with a 30 day average and a
daily maximum effluent limitation.
"Level of treatment" means the degree of waste removal and
accompanying residual wastewater effluent to be attained by any
discharger.
"Limiting nutrient" means a nutrient whose absence or
scarcity exerts a restraining influence upon an aquatic biological
population.
"Liner" means a continuous layer of soil or synthetic
material which restricts the downward or lateral escape of any waste, waste
constituents, or leachate. For the purposes of N.J.A.C. 7:14A-20, a liner shall
have a hydraulic conductivity of 1x10(E-7) centimeters per second or
less.
"Lithology" means the description of rocks on the basis of
their physical, chemical and mineralogical characteristics.
"Load allocation" means the portion of a receiving water's
total maximum daily load (TMDL) for a specific pollutant that is allocated to
existing or future nonpoint sources of pollution.
"Local agency" means a political subdivision of the State, or
an agency or instrumentality thereof, that owns or operates a municipal
treatment works.
"Local limits" means any restriction on quantities, quality,
or concentrations of pollutants discharged into a local agency's treatment
works, developed to prevent upset, interference, or pass-through of pollutants
to the treatment works, and to protect worker health and safety, and
protect/improve the quality of the sludge generated by the treatment
works.
"Log sorting and log storage facilities" means facilities
whose discharges result from the holding of unprocessed wood, for example, logs
or roundwood with bark or after removal of bark held in self-contained bodies
of water (mill ponds or log ponds) or stored on land where water is applied
intentionally on the logs (wet decking). (See 40 CFR part 429, subpart I,
including the effluent limitations guidelines).
"Long term average effluent concentration" means the
statistical estimation of the true mean of the entire population of effluent
data points, considering effluent variability and the number of actual data
points available to estimate the mean.
"Long term harmonic mean flow" means the number of daily flow
measurements divided by the sum of reciprocals of the measured flows. It is the
design flow used in calculating pollutant allocations for surface water quality
standards which protect for health effects occurring after long term exposures.
It is calculated by:
| n |
| Flow = |
------------------------- |
| 1 |
1 |
1 |
| [SIGMA] |
---- |
+ |
---- |
+... |
---- |
| Q[1] |
Q[2] |
Q[N] |
where n is the number of recorded flows and Q is the combined
receiving water and effluent flow.
"Lower explosive limit for methane gas," for the purpose of
N.J.A.C. 7:14A-20 means the lowest percentage of methane gas in air, by volume,
that propagates a flame at 25 degrees Celsius and atmospheric pressure.
"Major facility" means:
1. For industrial facilities, any facility which scores 80 or
more points on the NPDES permit rating work sheet using the USEPA rating
criteria. A facility with less than the required score of 80 may still be
classified as a Major facility by the Regional Administrator or the Department.
In those situations, the Department shall state the reasons for doing so;
and
2. For municipal facilities, any POTW with a design flow of
1.0 Million Gallons per Day or greater.
"Major modification to a permit" means any change to a permit
the scope of which is described in 7:14A-16.4.
"Manmade" for purposes of this chapter, means constructed by
man.
"Marketable residual product" or "sludge-derived product"
means any residual or material derived from a residual which has been prepared
for land application of residual in accordance with a permit issued pursuant to
N.J.A.C. 7:14A-20 and which, at a minimum, meets the pollutant concentrations
in
40 CFR
503.13(b)(1), the Class B
pathogen requirements in
40 CFR
503.32 and one of the vector attraction
reduction requirements in
40 CFR 503.33(b)(1)
through (b)(8).
"Maximum daily discharge limitation" means the highest
allowable "daily discharge" during the reporting period.
"Maximum projected effluent concentration" means the maximum
effluent concentration that would be expected, based on the maximum reported
concentration and the statistical variability of the reported effluent
data.
"Maximum sewage treatment capacity" means the hydraulic,
biological and sludge handling capacity limitations necessary to assure
compliance with the terms and conditions of the NJPDES or NPDES Permit.
"Maximum value" means the highest value measured during the
monitoring period.
"Medical waste" means isolation wastes; infectious agents;
human blood and blood products; pathological wastes; sharps; body parts;
contaminated bedding; surgical wastes and potentially contaminated laboratory
wastes; dialysis wastes; and such additional medical items as the Administrator
shall prescribe by regulation.
"Medium municipal separate storm sewer system" means all
municipal separate storm sewers, other than those owned or operated by the
United States, that discharge to surface water and are either:
1. Located in an incorporated place with a population of
100,000 or more but less than 250,000, as determined by the 1990 Decennial
Census by the Bureau of the Census. ( 40 CFR Part 122, Appendix G) (Elizabeth,
Jersey City, and Paterson are listed); or
2. Located in the counties listed in 40 CFR Part 122,
Appendix I (No New Jersey counties are listed); or
3. Owned or operated by a municipality other than those
described in paragraph 1 or 2 of this definition and that are designated by the
Department as part of the large or medium municipal separate storm sewer system
due to the interrelationship between the discharges of the designated storm
sewer and the discharges from municipal separate storm sewers described under
paragraph 1 or 2 of this definition. In making this determination the
Department may consider the following factors:
i. Physical interconnections between the municipal separate
storm sewers;
ii. The location of discharges from the designated municipal
separate storm sewer relative to discharges from municipal separate storm
sewers described in paragraph 1 above;
iii. The quantity and nature of pollutants discharged to
waters of the United States;
iv. The nature of the receiving waters; or
v. Other relevant factors; or
4. The Department may, upon petition, designate as a medium
municipal separate storm sewer system, municipal separate storm sewers located
within the boundaries of a region defined by a stormwater management regional
authority based on a jurisdictional, watershed, or other appropriate basis that
includes one or more of the systems described in paragraphs 1, 2, or 3 above.
"Membrane filter technique" means the method used to analyze
for bacteria (that is, coliform bacteria) which utilizes sample filtration to
trap bacterial organisms on a membrane filter.
"Memorandum of Agreement" means the agreement entered into
under the Federal Act between the Administrator and the Commissioner, governing
the relationship, duties, and rights of the parties in operating State NPDES
and UIC programs (NJPDES).
"Minimum value" means the lowest data value measured during
the monitoring period.
"Minor facility" means any facility or activity not
classified a "major facility" by the Regional Administrator or the
Department.
"Minor modification" means a change to a permit which does
not constitute a major modification pursuant to
N.J.A.C.
7:14A-16.4.
"Mixing zones" means areas of surface waters at or near the
discharge location, as may be designated by the Department, into which
wastewater effluents may be discharged for the purpose of mixing, dispersing,
or dissipating such effluents.
"Monitoring report form" means the standard Department forms
(for example, Discharge Monitoring Report, Residuals Transfer Report, or Waste
Characterization Report), including any subsequent additions, revisions or
modifications, for the reporting of self-monitoring results by
permittees.
"Monitoring Report Submittal Form" means the certification
page of a monitoring report form.
"Monthly" means one normal operating day each calendar month,
on which, a reasonably representative sample of the discharge may be obtained.
This day should be the same day every month (for example, the 2nd Tuesday of
each month), unless otherwise directed in the permit. A normal operating day
shall be a period of time reasonably representative of normal operating
conditions.
"Monthly minimum percent removal" means the lowest percentage
obtained for any single sampling event performed during the calendar month
(minimum percent removal limitation).
"Monthly monitoring" means monitoring conducted at a minimum
of once every calendar month.
"Most probable number" means the statistical estimate of
bacterial densities used for reporting results from the multiple-tube
fermentation technique.
"Multiple grab composite" means a combination of individual
samples (aliquots) collected at a specific frequency over a specified time
period. Each aliquot shall be analyzed individually before being combined into
a single composite sample. The recorded values will be both the individually
analyzed aliquots and the composite sample.
"Municipal authority" means a municipal authority as defined
in the Municipal and County Utilities Authorities Law at 40:14B-3(5), and shall
include a municipal utilities authority created by one or more municipalities
and a county utilities authority created by a county.
"Municipality" means a city, town, borough, county, parish,
district, association or other public body created by or under State law and
having jurisdiction over disposal of sewage, industrial wastes, or other
wastes, or a designated and approved management agency under Section 208 of the
Federal Act (33 U.S.C. §
1288), except as provided at
7:14A-25.1(b).
"Municipal separate storm sewer" means a conveyance or system
of conveyances (including roads with drainage systems, municipal streets, catch
basins, curbs, gutters, ditches, manmade channels, or storm drains):
1. Owned or operated by the United States, an interstate
agency, a State, city, town, borough, county, parish, district, association, or
other public body (created by or pursuant to State law) having jurisdiction
over disposal of sewage, industrial wastes, stormwater, or other wastes,
including special districts under State law such as a sewer district, flood
control district or drainage district, or similar entity, or an Indian tribe
organization, or a designated and approved management agency under section 208
of the CWA (33 U.S.C. §
1288) that discharges to surface water or
groundwater;
2. Designed and used for collecting or conveying
stormwater;
3. Which is not a combined sewer;
4. Which is not part of a POTW; and
5. Which is not either of the following:
i. A separate storm sewer(s) that is at an industrial
facility, and that collects or conveys stormwater discharges associated with
industrial activity that occurs at that facility; or
ii. A separate storm sewer(s) that is at a construction site,
and that collects or conveys stormwater discharges associated with small
construction activity that occurs at that site.
"Municipal separate storm sewer system" or "MS4" means a
"large," "medium" or "small" municipal separate storm sewer system as defined
in this section.
"Municipal treatment works" means the treatment works of any
municipality, county, or State agency or any agency or subdivision created by
one or more municipal, county, or State governments and the treatment works of
any public utility as defined in 48:2-13.
"National Pollutant Discharge Elimination System" or "NPDES"
means the national program for issuing, modifying, revoking and reissuing,
terminating, monitoring and enforcing permits, and imposing and enforcing
pretreatment requirements, under Sections 307, 402, 318, and 405 of the Federal
Act. The term includes any State program which has been approved by the
Administrator.
"National Pretreatment Standard" means any regulation
containing pollutant discharge limits promulgated by the USEPA in accordance
with Section 307 (b) and (c) of the Federal Act, which applies to Indirect
Users. This term includes prohibitive discharge limits established pursuant to
40 CFR
403.5.
"Natural flow" means the water flow that would exist in a
waterway without the addition of flow of artificial origin.
"Natural water quality" means the water quality that would
exist in a waterway or a waterbody without the addition of water or waterborne
substances of artificial origin.
"New discharger" means any building, structure, facility, or
installation:
1. From which there is or may be a discharge of
pollutants;
2. Was not an existing source prior to August 13,
1979;
3. Which is not a new source; and
4. Which has never received a final NJPDES permit for
discharges at that site.
This definition includes an indirect user which commences
discharging into waters of the State after August 13, 1979. It also includes
any existing mobile point source (other than an offshore or coastal oil and gas
exploratory drilling rig) such as a seafood processing rig, seafood processing
vessel, or aggregate plant, that begins discharging at a site for which it does
not have a permit; and any offshore or coastal mobile oil and gas exploratory
drilling rig or coastal mobile oil and gas development drilling rig that
commences the discharge of pollutants after August 13, 1979, at a site for
which it is not covered by an individual or general permit and which is located
in an area determined by the Department in the issuance of the final permit to
be an area of biological concern. In determining whether an area is an area of
biological concern, the Department shall consider the factors specified in
40
CFR 125.122(a)(1) through
(10).
An offshore or coastal mobile exploratory drilling rig or
coastal mobile developmental drilling rig will be considered a new discharger
only for the duration of its discharge in an area of biological concern.
"New injection well" means an injection well which begins
injection after, August 15, 1983, the date New Jersey became authorized to
implement the NPDES/UIC Program, as specified in
40 CFR
147.1550, Subpart FF.
"New Jersey Pollutant Discharge Elimination System" or
"NJPDES" means the New Jersey system for the issuance of permits pursuant to
the State Act.
"New source" means any building, structure, facility, or
installation, from which there is or may be a discharge of pollutants, the
construction of which commenced:
1. After promulgation of standards of performance under
Section 306 of the Federal Act which are applicable to such source;
2. After proposal of standards of performance in accordance
with Section 306 of the Federal Act, which are applicable to such source, but
only if the standards are promulgated in accordance with section 306 within 120
days of their proposal; or
3. After the publication of the Pretreatment Standards under
Section 307(c) of the Act which will be applicable to such source if such
Standards are thereafter promulgated in accordance with that section, provided
that:
i. The building, structure, facility or installation is
constructed at a site at which no other source is located;
ii. The building, structure, facility or installation totally
replaces the process or production equipment that cause the discharge of
pollutants at an existing source; or
iii. The production or wastewater generating processes of the
building, structure, facility or installation are substantially independent of
an existing source at the same site. In determining whether these are
substantially independent, factors such as the extent to which the new facility
is integrated with the existing plant, and the extent to which the new facility
is engaged in the same general type of activity as the existing source should
be considered.
4. Construction of a new source as defined under this
definition has commenced if the operating entity has:
i. Begun, or caused to begin as part of a continuous onsite
construction program:
(1) Any placement, assembly, or installation of facilities or
equipment; or
(2) Significant site preparation work including clearing,
excavation, or removal of existing buildings, structures, or facilities which
is necessary for the placement, assembly, or installation of new source
facilities or equipment; or
ii. Entered into a binding contractual obligation for the
purchase of facilities or equipment which are intended to be used in its
operation within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss, and contracts for
feasibility, engineering, and design studies do not constitute a contractual
obligation under this definition.
"Nitrogenous biochemical oxygen demand" or "NBOD" means that
portion of the biochemical oxygen depletion either in an effluent or in a
waterbody which is due to the oxidation of nitrogen containing
compounds.
"No observed adverse effect concentration" or "NOAEC" means
the lowest concentration at which the organisms are adversely affected as
compared to the control determined using hypothesis testing technique.
"No observable effect concentration" or "NOEC" means the
maximum effluent concentration which results in no observable effect for the
evaluated end-point. The NOEC is usually determined as the next lower tested
concentration than the concentration which results in the lowest observable
effect as compared to the controls. For discharge permits where the limitation
is expressed as an NOEC, the results shall be reported as the calculated IC25
and shall be considered equivalent to the observed NOEC.
"No measurable acute toxicity" or "NMAT" means a type of
water quality based acute whole effluent toxicity limit imposed in accordance
with N.J.A.C. 7:9B-4.6(c)5i(2), which requires that no mortality occurs in any
acute toxicity test concentration, including 100 percent effluent, above normal
background mortality levels for the test organism population. The normal
background mortality level is the acceptable level of control mortality for a
valid test specified in 7:18-6.6(v).
"Non-contact cooling water" means water used to reduce
temperature for the purpose of cooling. Such waters do not come into direct
contact with any raw material, intermediate product (other than heat) or
finished product. Non-contact cooling water may however contain algaecides, or
biocides to control fouling of equipment such as heat exchangers, and/or
corrosion inhibitors.
"Non-conventional pollutant" means any pollutant not defined
as a conventional pollutant or a toxic pollutant.
"Non-delegated local agency" means a local agency which does
not have an industrial pretreatment program approved by the Department.
"Nonexcessive infiltration" means the quantity of flow which
is less than 120 gallons per capita per day (domestic base flow and
infiltration) or the quantity of infiltration which cannot be economically and
effectively eliminated from a sewer system as determined in a
cost-effectiveness analysis. For domestic treatment works receiving wastewater
from combined sewers, nonexcessive infiltration means the quantity of flow
attributable to infiltration during dry weather shall be less than 40 gallons
per capita per day (gpcd) or 1,500 gallons per day per inch diameter per mile
of sewer.
"Nonexcessive inflow" means the maximum total flow rate
during storm events which does not result in chronic operational problems
related to hydraulic overloading of the treatment works or which does not
result in a total flow of more than 275 gallons per capita per day (domestic
base flow plus infiltration plus inflow) during a significant rainfall event
which causes surface ponding and surface runoff. Chronic operational problems
may include surcharging, backups, bypasses, and overflows.
"Non-hazardous waste" means a solid waste which is not a
hazardous waste.
"Nonpersistent" means degrading relatively quickly, generally
having a half-life of less than 96 hours.
"Nonpoint source" means:
1. Any man-made or man-induced activity, factor, or
condition, other than a point source, from which pollutants are or may be
discharged;
2. Any man-made or man-induced activity, factor, or
condition, other than a point source, that may temporarily or permanently
change any chemical, physical, biological, or radiological characteristic of
waters of the State from what was or is the natural, pristine condition of such
waters, or that may increase the degree of such change; or
3. Any activity, factor, or condition, other than a point
source, that contributes or may contribute to water pollution.
"Non-significant categorical indirect user" means an indirect
user subject to categorical pretreatment standards under 40 CFR Part 403.6 and
40 CFR chapter I, subchapter N that, as determined by the control authority,
never discharges more than 100 gallons per day (gpd) of total categorical
wastewater (excluding sanitary, non-contact cooling and boiler blowdown
wastewater, unless specifically included in the pretreatment standard) and
meets the following conditions:
1. The indirect user has consistently complied with all
applicable categorical pretreatment standards and requirements;
2. The indirect user annually submits the certification
statement required in 7:14A-21.3(k) together with any additional information
necessary to support the certification statement; and
3. The indirect user never discharges any untreated
concentrated wastewater.
"Nontrout waters" means fresh waters that have not been
designated in 7:9B-1.15(c) through (h) as trout production or trout
maintenance. These waters are generally not suitable for trout because of their
physical, chemical, or biological characteristics, but are suitable for a wide
variety of other fish species.
"Nutrient" means a chemical element or compound, such as
nitrogen or phosphorus, which is essential to and promotes the growth and
development of organisms.
"Ocean waters" means those waters of the open seas lying
seaward of the base line from which the territorial sea is measured, as
provided for in the Convention on the Territorial Sea and the Contiguous
Zone.
"Oil and grease" includes the nonpetroleum-based pollutants
of animal and vegetable origin, and petroleum-based pollutants, which are
analyzed by a New Jersey State Certified Laboratory using a USEPA approved
method for oil and grease referenced in 40 CFR Part 136, as amended, or a
Department sanctioned analytical method as defined in the Regulations Governing
the Certification of Laboratories and Environmental Measurements at
7:18-1.7.
"Open channel" means any natural or artificial waterway or
closed conduit, including a gravity sewer, in which water flows with a free
surface.
"Operating entity" or "operator" means any person who alone
or along with other persons has primary management and operational
decision-making authority over any part of a facility. This definition is not
applicable to "operator" as that term is used in 7:14A-4.9(b)2, 22.6(a)4,
22.6(c)3, 23.25(a)3, or 23.25(a)4i.
"Other container" means either an open or closed receptacle
that has a load capacity of one metric ton or less and may include, but is not
limited to, a bucket, a box, a carton, and a vehicle or trailer.
"Outfall" means any point source which discharges directly to
waters of the United States and does not include open conveyances connecting
two municipal separate storm sewers, or pipes, tunnels or other conveyances
which connect segments of the same stream or other waters of the United States
and are used to convey waters of the United States.
"Outstanding National Resource Waters" means high quality
waters that constitute an outstanding national resource (for example, waters of
National/State Parks and Wildlife Refuges and waters of exceptional
recreational or ecological significance) as designated in 7:9B-1.15(i).
"Owner or operator" means the owner or operator of any
facility or activity subject to this chapter.
"Overburden" means any material of any nature, consolidated
or unconsolidated, that overlies a mineral deposit, excluding topsoil or
similar naturally-occurring surface materials that are not disturbed by mining
operations.
"Overland flow" means the controlled discharge, by spraying
or other means, of pollutants onto sloping land with maintained vegetation
where a proportion of the wastewater may appear as runoff. Overland flow is
also the movement of pollutants across the surface of the land where
infiltration may occur.
"Packer" means a device lowered into a well to produce a
fluid-tight seal.
"Participating municipality" means a municipality or other
body which is a member of an affected sewerage entity or which has contracted
to obtain sewage treatment services from a sewerage entity or other domestic
treatment works.
"Passaic Valley Sewerage Commissioners" means the body
described by that name under 58:14-2.
"Pass through" means a discharge which exits the POTW into
waters of the State in quantities or concentrations which, alone or in
conjunction with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the POTW's NJPDES permit (including an increase
in the magnitude or duration of a violation).
"Pasture" means, for the purpose of N.J.A.C. 7:14A-20, land
on which animals feed directly on feed crops such as legumes, grasses, grain
stubble, or stover.
"Pathogen-free material" means a residual material generated
from non-domestic processes where there is no contact with human wastes, animal
wastes or other wastes which may contain pathogenic organisms. Pathogen-free
material may include, but is not limited to, water treatment plant residual and
certain types of food processing residual.
"Pathogenic organisms" means disease-causing organisms. These
include, but are not limited to, certain bacteria, protozoa, viruses, and
viable helminth ova.
"Percent removal" means a percentage expression of the
removal efficiency across a treatment plant for a given pollutant parameter, as
determined from the 30-day average values of the raw wastewater influent
pollutant concentrations to the facility and the 30-day average values of the
effluent pollutant concentrations for a given time period.
"Performance based limitations" means effluent limitations
calculated using the existing effluent quality or the anticipated performance
of a facility.
"Periodic report" means compliance monitoring report required
pursuant to 7:14A-21.3(f).
"Permit" means an authorization, license, or equivalent
control document issued by the Department or a delegated local agency to
implement the requirements of this chapter even where any or all of the
conditions of the permit have been stayed. Permit does not include any permit
which has not yet been the subject of final agency action, such as a "draft
permit". Permit includes a letter of agreement entered between a delegated
local agency and a user of its municipal treatment works, setting effluent
limitations and other conditions on the user of the agency's municipal
treatment works. Permit also includes a general permit and a
permit-by-rule.
"Permit by rule" means a provision of this chapter stating
that a "facility or activity" is deemed to have a NJPDES permit if it meets the
requirements of the applicable regulations.
"Permitted flow" means a treatment work's maximum allowable
flow (usually in million gallons per day, or other appropriate unit of flow
such as gallons per day) as stated in the facility's NJPDES Permit or TWA,
which ever is more stringent.
"Permittee" means any person authorized to conduct activity
pursuant to a permit.
"Permitting authority" means, for the purpose of N.J.A.C.
7:14A-20, either EPA or a State with an EPA-approved sewage sludge management
program.
"Persistent" means relatively resistant to degradation,
generally having a half life of over 96 hours.
"Person" means an individual, corporation, company,
partnership, firm, association, owner or operator of a treatment works,
political subdivision of this State and any state, Federal or interstate agency
or an agent or employee thereof. "Person" shall also mean any responsible
corporate official for the purpose of enforcement action under Section 10 of
the State Act.
"Person who prepares residual" means either the person who
generates a residual during the treatment of domestic sewage and/or process
wastewater in a treatment works or the person who derives a material from the
residual. This definition also includes a person who prepares sludge or a
person who prepares sewage sludge.
"Petroleum hydrocarbons" or "petroleum-based oil and grease"
includes the petroleum-based pollutants analyzed by a New Jersey State
Certified Laboratory using a Department sanctioned analytical method as defined
in the Regulations Governing the Certification of Laboratories and
Environmental Measurements at
N.J.A.C.
7:18-1.7.
"Pinelands waters" means all waters within the boundaries of
the Pineland Area, except those waters designated as FW1 in 7:9B-1.15(h) Table
6, as established in the Pinelands Protection Act, 13:18A-1 et seq., and as
shown on Plate 1 of the "Comprehensive Management Plan" adopted by the New
Jersey Pinelands Commission in November 1980.
"Plugging" means the act or process of stopping the flow of
water, oil, or gas in a formation penetrated by a borehole or well.
"Plugging record" means a systematic listing of permanent or
temporary abandonment of water, oil, gas, test, exploration and waste injection
wells, and may contain a well log, description of amounts and types of plugging
material used, the method employed for plugging, a description of formations
which are sealed and a graphic log of the well showing formation location,
formation thickness, and location of plugging structures.
"Point source" means any discernible, confined, and discrete
conveyance, including, but not limited to, any pipe, ditch, channel, tunnel,
conduit, well, discrete fissure, container, rolling stock, concentrated animal
feeding operation, landfill leachate collection system, vessel, or other
floating craft, from which pollutants are or may be discharged. This term does
not include return flows from irrigated agriculture.
"Pollutant" means any dredged spoil, solid waste, incinerator
residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge,
munitions, chemical wastes, biological materials, medical wastes, radioactive
substance (except those regulated under the Atomic Energy Act of 1954, as
amended (42 U.S.C. §§
2011 et seq.)), thermal waste, wrecked or
discarded equipment, rock, sand, cellar dirt and industrial, municipal,
agricultural, and construction waste or runoff or other residue discharged
directly or indirectly to the land, ground waters or surface waters of the
State, or to a DTW. "Pollutant" includes both hazardous and nonhazardous
pollutants.
"Pollutant limit" means, for the purpose of N.J.A.C.
7:14A-20, a numerical value that describes the amount of a pollutant allowed
per unit amount of residual (for example, milligrams of pollutant per kilogram
of total solids); the amount of a pollutant that can be applied to a unit area
of land (for example, kilograms of pollutant per hectare); or the volume of a
material that can be applied to a unit area of land (for example, gallons per
acre.)
"Pond" see the definition for lake.
"Pressure" means the total load or force per unit area acting
on a surface.
"Pretreatment" means the reduction in the amount of
pollutants, the elimination or pollutants, or the alteration of the nature of
pollutant properties in wastewater prior to or in lieu of discharging or
otherwise introducing such pollutants into a DTW. The reduction or alteration
may be obtained by physical, chemical, or biological processes, process changes
or by other means, except by dilution. Appropriate pretreatment technology
includes control equipment, such as equalization tanks or facilities, for
protection against surges or slug loadings that might interfere with or
otherwise be incompatible with the DTW. However, where wastewater from a
regulated process is mixed in an equalization facility with unregulated
wastewater or with wastewater from another regulated process, the effluent from
the equalization facility must meet an adjusted pretreatment limit calculated
in accordance with
40 CFR
403.6(e) (the Combined
Wastestream Formula).
"Pretreatment Act" means the Pretreatment Standards for
Sewerage, 58:11-49 et seq.
"Pretreatment program significant noncompliance" or "PPSNC"
means non-compliance by an indirect user that meets one or more of the criteria
at
40
CFR 403.8(f)(2)
(viii).
"Pretreatment standard" means any limitation on quantities,
quality, rates, or concentrations of pollutants discharged into municipal or
privately owned treatment works, adopted pursuant to the Pretreatment Act,
Section 4 of the State Act, or any applicable National, State, or local
regulations.
"Primary contact recreation" means water-related recreational
activities that involve significant ingestion risks and includes, but is not
limited to, wading, swimming, diving, surfing, and water skiing.
"Primary industry category" means any industry category
listed in the NRDC settlement agreement ( National Resources Defense
Council et al. v. Train, 8 E.R.C. 2120 (D.D.C. 1976),
modified
12 E.R.C. 1833 (D.D.C. 1979)); also listed in N.J.A.C.
7:14A-4--Appendix B, Table 1.
"Primary liner" means a liner consisting of synthetic
material designed to prevent the flow of liquid from surface impoundments. A
primary liner shall have properties of such a nature so as to impede the flow
of liquids from surface impoundments throughout their active life, closure, and
post-closure periods. Typically, a liner meeting these criteria will be at
least 30 mil (0.03 inches) in thickness.
"Privately owned treatment works" means any device or system
which is:
1. Used to treat wastes from any facility whose operator is
not the operator of the treatment works; and
2. Is not a "POTW."
"Process wastewater" means any water which, during
manufacturing or processing, comes into direct contact with or results from the
production or use of any raw material, intermediate product, finished product,
byproduct, or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than non-contact cooling water. This
definition includes the terms commercial wastewater and industrial wastewater
as used in 40 CFR Part 503.
"Projected flow" means that flow which is estimated or
anticipated to be generated from a facility, based upon the criteria contained
in N.J.A.C. 7:14A-23.
"Property" means, for the purposes of 7:14A-8.1(b)1
iv:
1. A single lot as defined by municipal lot and block or
right of way (unless paragraph 2 below applies); or
2. The combined area contained within the legal boundaries of
two or more contiguous lots where, for any part of each of those lots, there is
a shared pecuniary, possessory or other substantial common interest by one or
more persons (such as common ownership and/or operation or a common plan of
development or sale).
"Proper operations and maintenance" means the activities
required to assure the dependable and economical function of a treatment
works.
1. Operation means the control of the unit processes and
equipment which make up the treatment works, including financial and personnel
management, records, laboratory control, process control, safety and emergency
operation planning.
2. Maintenance means the preservation of functional integrity
and efficiency of equipment and structures. This includes preventative
maintenance, corrective maintenance and replacement of equipment as needed.
"Proprietary information" means commercial or financial
information which is used in one's business and is of a type customarily held
in strict confidence or regarded as privileged and not disclosed to any member
of the public by the person to whom it belongs.
"Public contact site" means, for the purpose of N.J.A.C.
7:14A-20, land with a high potential for contact by the public. This includes,
but is not limited to, public parks, ball fields, cemeteries, plant nurseries,
turf farms, and golf courses.
"Public hearing" is a hearing before a representative of the
Department which provides the opportunity for public comment, but which does
not include cross-examination.
"Publicly owned or operated" means owned or operated by the
State, a county, a municipality, or other public body.
"Publicly owned treatment works" or "POTW" means any device
or system used in the storage and treatment (including recycling and
reclamation) of municipal sewage or industrial wastes of a liquid nature which
is owned by a State or municipality. This definition includes sewers, pipes, or
other conveyances only if they convey wastewater to a POTW providing treatment.
Treatment works associated with potable water treatment and solid waste
facilities shall be considered industrial treatment works for purposes of this
chapter.
"Quarterly monitoring" means monitoring conducted at a
minimum frequency of once every three calendar months.
"Radioactive waste" means any waste which contains
radioactive material in concentrations which exceed those listed in 10 CFR Part
20, Appendix B, Table II, Column 2, or exceed the "Criteria for Identifying and
Applying Characteristics of Hazardous Waste and for Listing Hazardous Waste" in
40 CFR Part 261, whichever is applicable.
"Range land" means, for the purpose of N.J.A.C. 7:14A-20,
open land with indigenous vegetation.
"RCRA" means the Solid Waste Disposal Act as amended by the
Resource Conservation and Recovery Act of 1976, as amended,
42 U.S.C. §§
6901 et seq.
"Reclaimed water for beneficial reuse" means water that meets
restricted access or public access reuse requirements specified in a NJPDES
permit that authorizes that water to be directly reused for non-potable
applications in place of potable water, diverted surface water, or diverted
groundwater.
"Reclamation site" means drastically disturbed land that is
reclaimed using residual. This includes, but is not limited to, strip mines and
construction sites.
"Regional Administrator" means the Regional Administrator of
the appropriate Regional Office of the USEPA or an authorized representative of
the Regional Administrator.
"Regional pump station" means any wastewater pumping station
which conveys wastewater from more than one municipality or from at least 25
percent of a single municipality's sewer service area, and has a design
capacity of at least 0.5 MGD.
"Reissuance of a permit" means the process of issuing a
NJPDES permit after a permit has been revoked, or the process of renewing a
permit.
"Remediation effluent standards" means the set of effluent
limitations in N.J.A.C. 7:14A-12Appendix C which have been developed using a
specified technology and which are used for limitations for remediation
projects in the absence of an adopted TMDL.
"Request for authorization" is the document submitted under
7:14A-6.13 to obtain authorization to discharge under a general permit.
"Reservoir" see the definition for lake.
"Residual" means a solid waste that consists of the
accumulated solids and associated liquids which are by-products of a physical,
chemical, biological, or mechanical process or any other process designed to
treat wastewater or any other discharges subject to regulation under the State
Act. For purposes of this chapter, residual includes, but is not limited to,
marketable residual product, sludge and sewage sludge. Residual excludes
screened vegetative waste and grit and screenings.
"Residual additives" means bulking agents, alkaline
materials, dust suppressants or other substances added to a residual by the
preparer before or during the residual stabilization process including
substances added to improve the marketability of a marketable residual
product.
"Residual blending and distribution" means handling, storing
or blending bulk exceptional quality residual and storing material derived from
exceptional quality residual for subsequent off site distribution.
"Residual land application site" means the site used for land
application of residual.
"Residual leachate collection system" means a system or
device installed immediately above a liner that is designed, constructed,
maintained, and operated to collect and remove leachate from a surface disposal
site. This definition includes a sewage sludge leachate collection
system.
"Residual-only facility" means any treatment works treating
domestic sewage whose methods of sludge use or disposal are required to obtain
a permit under
40 CFR
122.1(b)(3) or N.J.A.C.
7:14A-20. This term shall also apply to any treatment works whose method of
residual use or disposal is required to obtain a permit under N.J.A.C.
7:14A-20.
"Residual stabilization" means the reduction of the volatile
and putrescible fraction of sludge with attendant reduction in the numbers of
pathogens. Residual stabilization processes include, but are not limited to,
digestion, composting, heat treatment, and alkaline stabilization.
"Residuals Transfer Report" means the Department's form used
to track quantities of residual volumes transferred inter- and intra-
facility.
"Residual transport container" means a leakproof, closed,
modular receptacle which is maintained in a nuisance-free manner, including,
but not limited to, containing residual and odor.
"Residual use or disposal practice" means the collection,
storage, treatment, transportation, processing, monitoring, use, or disposal of
residual. This definition includes a sewage sludge use or disposal
practice.
"Reuse feasibility study" means an evaluation of the
environmental, technical and economic aspects of implementing RWBR, conducted
in accordance with the Department's "Technical Manual for Reclaimed Water for
Beneficial Reuse," which is available from the Department's Division of Water
Quality at PO Box 029, Trenton, New Jersey 08625 or from the Division's website
at http://www.nj.gov/dep/dwq.
"Revocation of a permit" means the process of terminating of
a permit.
"Reynolds number" means the numerical quantity used to
characterize the type of flow in a closed conduit from which a representative
grab sample may be taken for the purposes of this subchapter.
"River mile" or "R.M." means the distance, measured in
statute miles, between two locations on a stream, with the first location
designated as mile zero. For example, mile zero for the Delaware River is
located at the intersection of the center line of the navigation channel and a
line between the Cape May Light, New Jersey, and the tip of Cape Henlopen,
Delaware.
"Rock crushing and gravel washing facilities" means
facilities which process crushed and broken stone, gravel, and riprap (See 40
CFR part 436, subpart B, including the effluent limitations guidelines).
"Runoff" means, for the purpose of N.J.A.C. 7:14A-20,
rainwater, leachate, or other liquid that drains overland on any part of a land
surface and runs off of the land surface.
"Runoff coefficient" means the fraction of total rainfall
that will appear at a conveyance as runoff.
"Saline waters" means waters having salinities generally
greater than 3.5 parts per thousand at mean high tide.
"Sanitary landfill" means a solid waste facility, as defined
in N.J.A.C. 7:26, at which solid waste is deposited on or into the land as fill
for the purpose of permanent disposal or storage for a period of time exceeding
six months, except that it shall not include any waste facility approved for
disposal of hazardous waste pursuant to N.J.A.C. 7:26.
"Sanitary sewage" means any liquid waste containing animal or
vegetable matter in suspension or solution, or the water carried wastes
resulting from the discharge of water closets, laundry tubs, washing machines,
sinks, dishwashers, or any other source of water carried waste of human origin
or containing putrescible material. This term specifically excludes industrial,
hazardous or toxic wastes and materials.
"Saturated zone" or "zone of saturation" means that part of
the earth's crust in which all voids are filled with water.
"Schedule of compliance" or "compliance schedule" means a
schedule of remedial measures including an enforceable sequence of actions,
operations leading to compliance with water quality standards, an effluent
limitation or other limitation, prohibition or standard.
"Seasonal high water table" means the maximum level to which
ground water will be normally expected to rise due to the effects of natural
precipitation and infiltration of water.
"Secondary contact recreation" means recreational activities
where the probability of water ingestion is minimal and includes, but is not
limited to, boating and fishing.
"Secondary liner" is a liner consisting of either soil or
earthen materials at least three feet (0.91 meters) in thickness with a
saturated hydraulic conductivity under maximum hydrostatic head conditions not
more rapid than 1x10(E-7) centimeters per second, or synthetic material at
least 30 millimeters (0.03 inches) in thickness designed to prevent the flow of
liquid from surface impoundments. A secondary liner shall have properties of
such a nature so as to ensure the prevention of the flow of liquids from
surface impoundments throughout their active life, closure, and post-closure
periods.
"Secretary" means the Secretary of the Army, acting through
the Chief of Engineers.
"Sediment oxygen demand" means that portion of the oxygen
depletion present in a receiving waterbody which is due to the substrate
present in the waterbody.
"Separate sewer system" means a sewer system that is designed
to only carry sanitary sewage and not designed to collect and transport
stormwater from streets and other sources, thus serving a combined
purpose.
"Separate storm sewer" means a conveyance or system of
conveyances (including roads with drainage systems, streets, catch basins,
gutters, ditches, man-made channels, or storm drains):
1. Designed or used for collecting or conveying
stormwater;
2. Which is not part of a combined sewer system; and
3. Which is not part of a publicly owned treatment works
(POTW).
"Septage" means the liquid and solid material pumped from a
septic tank, cesspool, or similar domestic sewage treatment system, or a
holding tank when the system is cleaned or maintained.
"Serious violation" means an exceedance, at a discharge point
source, of an effluent limitation, except color, set forth in a permit,
administrative order, or administrative consent agreement, including interim
enforcement limits, as follows:
1. For effluent limitations for pollutants that are measured
by concentration or mass, except for whole effluent toxicity;
i. Violations of an effluent limitation that is expressed as
a monthly average;
(1) By 20 percent or more for a hazardous pollutant;
and
(2) By 40 percent or more for a nonhazardous
pollutant;
ii. Violations of an effluent limitation that is expressed as
a daily maximum or daily minimum without a monthly average;
(1) By 20 percent or more of the average of all of the daily
maximum or minimum values for hazardous pollutant; and
(2) By 40 percent or more of the average of all of the daily
maximum or minimum values for a nonhazardous pollutant;
2. For effluent limitations for whole effluent toxicity as
follows:
i. For any violation of an LC50, NOAEC, IC[25] or a NOEC
limit when, upon subtracting the toxicity test result from the whole effluent
toxicity limit, the difference is as follows:
|
Whole Effluent Toxicity Limit |
Difference
(Percent Effluent) |
| (Percent Effluent) |
| Greater than or equal to 80 and |
Greater than or
equal to 20 |
| less than or equal to 100 |
| Greater than or equal to 50 and |
Greater than or
equal to 15 |
| less than 80 |
| Greater than 10 and less than 50 |
Greater than
or equal to 10 |
| Less than or equal to 10 |
Greater than or equal
to 9 |
ii. For any violation of whole effluent toxicity limitations
expressed as no measurable acute toxicity (NMAT) with greater than or equal to
50 percent mortality in any test concentration, including 100 percent effluent;
and
3. The greatest violation of a pH effluent range in any one
calendar day which violation deviates from the midpoint of the range by at
least 40 percent of the midpoint of the range excluding the excursions
specifically excepted by a NJPDES permit with continuous pH monitoring. For
example: Assuming that a permittee's effluent limitation range for pH is 6.0 to
9.0, the midpoint would be 7.5.
If the five separate readings of pH during a given day were
4.3, 5.8, 6.5, 6.0 and 6.5, the reading of 4.3 would be a serious violation as
follows:
| 7.5 (midpoint) - 4.3 (greatest exceedance) x 100 =
42.6% |
| 7.5 (midpoint) |
For example: Using the same information as above. Forty
percent of 7.5 is 3; therefore, if the greatest violation of a pH effluent
range for any calendar day has a pH of 4.5 or less or a pH of 10.5 or greater,
the violation would be a "serious violation."
4. Notwithstanding the above, the Department may utilize, on
a case-by-case basis, a more stringent factor of exceedance to determine a
serious violation if the Department states the specific reasons therefore,
which may include the potential for harm to human health or the environment.
"Seven day average value" means the greatest sum of all daily
discharges measured during any seven consecutive days, divided by the number of
daily discharges measured during that period. Results are commonly expressed in
loading (kg/day) and/or concentration (mg/L).
"Severe property damage" means substantial physical damage to
property, damage to the treatment facilities which would cause them to become
inoperable, or substantial and permanent loss of natural resources which can
reasonably be expected to occur in the absence of a bypass. Severe property
damage does not mean economic loss caused by delays in production.
"Sewage" means any wastes, including wastes from humans,
households, commercial establishments, industries, and stormwater runoff, that
are discharged to or otherwise enter a DTW.
"Sewage authority" see sewerage entity.
"Sewage from vessels" means human body wastes and the wastes
from toilets and other receptacles intended to receive or retain body wastes
that are discharged from vessels, including graywater and regulated under
Section 312 of the Federal Act or under the State Act. For the purposes of this
definition, "graywater" means galley, bath, and shower water.
"Sewage sludge" means the solid, semi-solid, or liquid
residue generated by the processes of a domestic treatment works. Sewage sludge
includes, but is not limited to, domestic septage; scum or solids removed in
primary, secondary, or advanced wastewater treatment processes; and any
material derived from sewage sludge. Sewage sludge does not include ash
generated during the firing of sewage sludge in a sewage sludge incinerator or
grit and screenings generated during preliminary treatment of domestic sewage
in a treatment works.
"Sewage sludge use or disposal practice" means the
collection, storage, treatment, transportation, processing, monitoring, use, or
disposal of sewage sludge.
"Sewerage authority" means a sewerage authority created
pursuant to the Sewerage Authorities Law, 40:14A-1 et seq.
"Sewerage entity" means a county or municipal utilities
authority, municipality, corporation, or other legal entity which owns or
operates a sewerage facility (that is, a sewage authority).
"Sewer extension" means any sewer pipe, line, structure or
appurtenance used for the conveyance of domestic or industrial waste of a
liquid nature, whether forced or by gravity, which:
1. Will extend along an easement through more than two
properties, a roadway, or public right-of-way;
2. Conveys flows from more than two buildings; or
3. Conveys, or will convey, 8,000 gallons per day or more of
sewage flow determined in accordance with the criteria specified in 7:14A-23.3.
This includes all sewer lines from a single building if the building utilizes
more than one sewer line to convey waste to the sewer system and the aggregate
waste flow is 8,000 gallons per day or more.
"Sheen" means an iridescent appearance on the surface of
water.
"Shellfish" means those mollusks commonly known as clams,
oysters, or mussels.
"Shellfish waters" means waters classified as Approved,
Seasonally Approved, Special Restricted, Seasonally Special Restricted or
Condemned that support or possess the potential to support shellfish which are
within the Coastal Area Facility Review Act (CAFRA) zone as delineated in 1973,
(excluding: 1--The Cohansey River upstream of Brown's Run; 2--The Maurice River
upstream of Route 548; 3--The Great Egg Harbor River upstream of Powell Creek;
4--The Tuckahoe River upstream of Route 50; 5--The Mullica River upstream of
the Garden State Parkway) plus the adjacent areas between Route 35 (from its
juncture with the CAFRA zone just north of Red Bank to its juncture with the
CAFRA zone just south of Keyport) and the CAFRA zone and the area from the
C.A.F.R.A. zone on the south northwesterly along Route 35 to the northern shore
of the Raritan River, then easterly along the northern shore of the Raritan
River to the southeast point of Perth Amboy, then due east to the New Jersey
jurisdictional limit, and seaward along the jurisdictional limit to the
Atlantic Ocean.
"Significant biological treatment" means the use of an
aerobic or anaerobic biological treatment process in a treatment works to
consistently achieve a 30-day average of at least 65 percent removal of
BOD[5].
"Significant indirect user" or "SIU" means, solely for the
purposes of this chapter:
1. Any user in the State including, but not limited to, any
significant industrial user as defined in
40
CFR 403.3(v) but excluding
municipal collection systems, who discharges wastewater into a local agency
where:
i. The user is subject to Categorical Pretreatment Standards
under
40 CFR
403.6 and 40 CFR Chapter I, Subchapter
N;
ii. The user's average volume of process wastewater exceeds
25,000 gallons per day;
iii. The amount of BOD, COD or Suspended Solids in the
industrial process wastewater discharge exceeds the mass equivalent of 25,000
gallons per day of the domestic waste of the affected local agency;
iv. The volume of industrial process wastewater in the
discharge exceeds five percent or more of the average daily dry weather flow of
the local agency;
v. The user's discharge of process wastewater contributes,
five percent or more of the daily mass loading of any of the pollutants listed
in N.J.A.C. 7:14A-4, Appendix A Tables II through V;
vi. The user is designated as an SIU by the control authority
on the basis that the user has a reasonable potential for adversely affecting
the local agency's operation;
vii. The user is designated as an SIU by the control
authority on the basis that the user has been in violation of any Federal,
State, or local pretreatment standard or requirement, including, but not
limited to, significant noncompliance as defined in
40
CFR 403.8(f)(2) (viii);
or
viii. The control authority determines it would be consistent
with the intent of the Pretreatment Act or State Act to require a permit for
the indirect user; and
2. Any user in areas of the State in which the Department is
the control authority where:
i. The user is determined to be a hazardous waste facility
that received a permit in accordance with N.J.A.C. 7:26G-12;
ii. The user's discharge consists of landfill leachate, which
is either pure, treated, or diluted; or
iii. The user's discharge consists of 25,000 gallons per day
or more of process wastewater and/or polluted ground water which is pumped from
the ground in order to decontaminate an aquifer; however
3. Upon finding that any user in the State has no reasonable
potential for adversely affecting the local agency's operation or for violating
any Federal, State, or local pretreatment standard or requirement, the control
authority may at any time, on its own initiative or in response to a petition
received from a user or a local agency, and in accordance with
40
CFR 403.8(f)(6), determine
that any user specified in paragraphs 1 or 2 above, unless the user is subject
to Categorical Pretreatment Standards under
40 CFR
403.6 and 40 CFR Chapter I, Subchapter N, is
not a significant indirect user.
"Significant materials" means, but is not limited to: raw
materials; fuels; materials such as solvents, detergents, and plastic pellets;
finished materials such as metallic products; raw materials used in food
processing or production; hazardous substances designated under section 101(14)
of CERCLA; any chemical the facility is required to report pursuant to section
313 of title III of SARA; fertilizers; pesticides; and waste products such as
ashes, slag and sludge that have the potential to be released with stormwater
discharges.
"Significantly more stringent limitations" means BOD5 and TSS
limitations necessary to meet the percent removal requirements of at least five
mg/l more stringent than the otherwise applicable concentration-based
limitations (for example, less than 25 mg/l in the case of the secondary
treatment limits for BOD[5] and TSS), or the percent removal limitations in
N.J.A.C. 7:14A-12, if such limit as would, by themselves, force significant
construction or other significant capital expenditure.
"Significant noncomplier" or "SNC" means any person, except a
local agency for an exceedance of an effluent limitation for flow, who commits
any of the violations described below, unless the Department uses, on a
case-by-case basis, a more stringent frequency or factor of exceedance to
determine a significant noncomplier and the Department states the specific
reasons therefor, which may include the potential for harm to human health or
the environment. Violations which cause a person to become or remain an SNC
include:
1. A serious violation for the same pollutant, at the same
discharge point source, in any two months of any consecutive six month
period;
2. Exceedance of an effluent limitation expressed as a
monthly average, for the same pollutant, at the same discharge point source, by
any amount in any four months of any consecutive six month period;
3. If there is not an effluent limitation for a particular
pollutant expressed as a monthly average, exceedance of the monthly average of
the daily maximums for the effluent limitation, for the same pollutant, at the
same discharge point source, by any amount in any four months of any
consecutive six month period;
4. Any exceedance of an effluent limitation for pH by any
amount, excluding the excursions specifically excepted by a NJPDES permit with
continuous pH monitoring, at the same discharge point source in any four months
of any consecutive six month period; or
5. Failure to submit a completed discharge monitoring report
in any two months of any consecutive six month period.
"Significant portion of income" means 10 percent or more of
gross personal income for a calendar year, except that it means 50 percent or
more of gross income for a calendar year if the recipient is over 60 years of
age and is receiving that portion under retirement, pension, or similar
arrangement.
"Silviculture" means the management of forest land for
timber. This practice sometimes contributes to water pollution as in
clear-cutting.
"Silvicultural point source" means any discernible, confined
and discrete conveyance related to rock crushing, gravel washing, log sorting,
or log storage facilities which are operated in connection with silvicultural
activities and from which pollutants are discharged into waters of the United
States. The term does not include non-point source silvicultural activities
such as nursery operations, site preparation, reforestation and subsequent
cultural treatment, thinning, prescribed burning, pest and fire control,
harvesting operations, surface drainage, or road construction and maintenance
from which there is natural runoff. However, some of these activities (such as
stream crossing for roads) may involve point source discharges of dredged or
fill material which may require a CWA section 404 permit (See 33 CFR 209.120
and part 233).
"Site" means the land or water area upon which a source and
its water pollution control facilities are physically located, including, but
not limited to, adjacent land used for utility systems, repair, storage,
shipping or processing areas, or other areas incidental to the industrial,
manufacturing, or water pollution treatment processes.
"Site specific allocation" means a wasteload allocation for a
specific pollutant to an existing or future point source based on site specific
considerations rather that from a total maximum daily load (TMDL).
"SIU pretreatment works" means any treatment works serving
exclusively a SIU facility and treating the facility's industrial process
wastewater, or a combination of its process and domestic wastewater, prior to
the discharge thereof into a domestic treatment works.
"Six hour composite sample" means a combination of individual
aliquots obtained at a minimum frequency of one aliquot at 30-minute intervals
over a six-hour period.
"Sludge" means the solid residue and associated liquid
resulting from the physical, chemical or biological treatment of domestic or
industrial wastewaters.
"Slug discharge" means any discharge of a non-routine,
episodic nature, including, but not limited to, an accidental spill or a
non-customary batch discharge that has a reasonable potential to cause
interference or pass through, or in any other way violate the POTW's
regulations, local limits or permit conditions.
"Slurry tank" means a stationary, above or below ground tank,
usually made of steel or preformed concrete, designed to hold liquid residuals.
These tanks are generally uncovered and conventionally used for storage of
manures.
"Small business exemption" means an exemption from submitting
specific quantitative data for any business that qualifies as a small business
as specified in 7:14A-4.3(c).
"Small minor facility" means any facility which discharges to
surface water and meets one of the following descriptions:
1. Facilities receiving domestic wastewater with an effluent
design flow or effluent permitted flow less than 0.5 MGD with no significant
industrial or commercial component;
2. Elementary schools and churches with no off-site
contributors;
3. Commercial dischargers, high schools, and technical
schools with an effluent design flow or effluent permitted flow less than 0.1
MGD; or
4. Industrial facilities that meet the definition of a small
business at 7:14A-4.3(c) and discharges less than 10,000 gallons per day,
conditional upon approval by the Department.
"Small municipal separate storm sewer system" or "small MS4"
means all municipal separate storm sewers (other than "large" or "medium"
municipal separate storm sewer systems as defined in this section) that
are:
1. Owned or operated by municipalities described under
7:14A-25.1(b);
2. Owned or operated by county, State, interstate, or Federal
agencies, and located at public complexes as described under
7:14A-25.2(a)2;
3. Owned or operated by county, State, interstate, or Federal
agencies, and located at highways and other thoroughfares as described under
7:14A-25.2(a)3; or
4. Owned or operated by county, State, interstate, Federal,
or other agencies, and receive special designation under 7:14A-25.2(a)4.
"Soil erosion and sediment control plan" means a scheme which
indicates land treatment measures, including a schedule of the timing for their
installation, to minimize soil erosion and sediment in accordance with the Soil
Erosion and Sediment Control Act, 4:24-39 et seq.
"Sole or principal source aquifer" means an aquifer which has
been designated by the Administrator pursuant to Section 1424 (a) or (e) of the
SDWA.
"Solids/floatables" means any wastes or debris, floating,
suspended, or otherwise contained in wastewater capable of being discharged to
waters of the State.
"Solid waste" means a solid waste as defined in either
13:1E-3, incorporated by reference, or Section 1004 of RCRA (42 USC §
6903), incorporated by reference, as
supplemented or amended.
"Solid waste facility" means a facility as defined at
N.J.A.C.
7:26-1.4.
"Source" means any facility or activity, from which there is
or may be a discharge of pollutants.
"Spray irrigation" means a system for land application of
pollutants, over maintained vegetated ground surfaces using sprinkler heads or
nozzles as a method of application.
"Standards for residual use or disposal" means the standards
at N.J.A.C. 7:14A-20, 7:26, 7:27 and 40 CFR Parts 257, 258 and 503 which govern
minimum requirements for residual quality, management practices, and monitoring
and reporting applicable to residual or the use or disposal of residual by any
person. These standards may include, but are not limited to, standards for
sewage sludge use or disposal.
"Standards for sewage sludge use or disposal" means the
standards at N.J.A.C. 7:14A-20, 7:26, 7:27 and 40 CFR Part 258 and 503 which
govern minimum requirements for sewage sludge quality, management practices,
and monitoring and reporting applicable to sewage sludge or the use or disposal
of sewage sludge by any person.
"State" means the State of New Jersey.
"State Act" means the New Jersey "Water Pollution Control
Act," 58:10A-1 et seq., as amended.
"State/USEPA Agreement" means an agreement between the
Regional Administrator and the State which integrates and coordinates USEPA and
State activities, responsibilities and programs under the Federal Act, RCRA,
and SDWA.
"Statewide sludge management plan" ("SSMP") means the most
recent version of the document which has been adopted by the Department under
the authority of 13:1E-46, as the component of the State Solid Waste Management
Plan and the Statewide Water Quality Management Plan that establishes the
objectives, criteria, and standards for the management of sewage sludge and
domestic septage in New Jersey. The SSMP includes district and directed
generator sludge management plans approved by the Department.
"Storage of residual" means the containment or placement of
residual on land on which the residual remains for six months or less. The
storage of residual does not include the treatment of residual. This definition
includes the storage of sewage sludge.
"Storage pad" means a large, gently sloping surface,
constructed of an impervious material (usually concrete), surrounded by a curb,
with a drainage system for collection of leachate, designed to hold dewatered
residuals.
"Stormwater" means water resulting from precipitation
(including rain and snow) that:
1. Runs off the land's surface;
2. Is transmitted to the subsurface; or
3. Is captured by separate storm sewers or other sewerage or
drainage facilities, or conveyed by snow removal equipment.
"Stormwater discharge (or stormwater DSW) associated with
industrial activity" means:
1. A discharge to surface water, from a point source or a
nonpoint source, of stormwater that is directly related to manufacturing,
processing or raw materials storage areas at an industrial plant. The term does
not include discharges from facilities or activities excluded from the NJPDES
program under 7:14A-2.5. For the categories of industries identified in this
paragraph, the term includes, but is not limited to, stormwater discharges from
industrial plant yards; immediate access roads and rail lines used or traveled
by carriers of raw materials, manufactured products, waste material, or
by-products used or created by the facility; material handling sites; refuse
sites; sites used for the application or disposal of process waste waters (as
defined in 40 CFR part 401); sites used for the storage and maintenance of
material handling equipment; sites used for treatment, storage, or disposal of
by-product or waste product; shipping and receiving areas; manufacturing
buildings; storage areas (including tank farms) for raw materials, and
intermediate and final products; and areas where industrial activity has taken
place in the past and significant materials remain and are exposed to
stormwater. For the purposes of this paragraph, material handling activities
include storage, loading and unloading, transportation, or conveyance of any
raw material, intermediate product, final product, by-product or waste product.
The term excludes areas located on plant lands separate from the plant's
industrial activities, such as office buildings and accompanying parking lots
as long as the drainage from the excluded areas is not mixed with stormwater
drained from the above described areas. The term also excludes discharges that
qualify for "Permanent No Exposure" exclusion under 7:14A-24.6. Industrial
facilities include industrial facilities that are Federally, State, or
municipally owned or operated that meet the description of the facilities
listed in subparagraphs 1i through 1xi below. For purposes of subparagraphs
1ii, 1iii, 1vi, 1viii, and 1xi below, a facility is classified under a
particular Standard Industrial Classification if the facility, as its primary
or other activity, provides any of the products or services that describe that
Standard Industrial Classification. The following categories of facilities are
considered to be engaging in "industrial activity" for purposes of this
paragraph:
i. Facilities subject to stormwater effluent limitations
guidelines, new source performance standards, or toxic pollutant effluent
standards under 40 CFR subchapter N (except facilities with toxic pollutant
effluent standards which are exempted under subparagraph 1xi below);
ii. Facilities classified as Standard Industrial
Classifications 24 (except 2434), 26 (except 265 and 267), 28 (except 283 and
285), 29, 311, 32 (except 323), 33, 3441, 373.
iii. Facilities classified as Standard Industrial
Classifications 10 through 14 (mineral industry) including active or inactive
mining operations (except for areas of coal mining operations no longer meeting
the definition of a reclamation area under
40 CFR
434.11(1) because the
performance bond issued to the facility by the appropriate SMCRA authority has
been released, or except for areas of non-coal mining operations which have
been released from applicable State or Federal reclamation requirements after
December 17, 1990) and oil and gas exploration, production, processing, or
treatment operations, or transmission facilities that discharge stormwater
contaminated by contact with or that has come into contact with, any
overburden, raw material, intermediate products, finished products, byproducts
or waste products located on the site of such operations; (inactive mining
operations are mining sites that are not being actively mined, but which have
an identifiable owner/operating entity; inactive mining sites do not include
sites where mining claims are being maintained prior to disturbances associated
with the extraction, beneficiation, or processing of mined materials, nor sites
where minimal activities are undertaken for the sole purpose of maintaining a
mining claim);
iv. Hazardous waste treatment, storage, or disposal
facilities, including those that are operating under interim status or a permit
under subtitle C of RCRA;
v. Landfills, land application sites, and open dumps that
receive or have received any industrial wastes (waste that is received from any
of the facilities described under this paragraph) including those that are
subject to regulation under subtitle D of RCRA;
vi. Facilities involved in the recycling of materials,
including metal scrapyards, battery reclaimers, salvage yards, and automobile
junkyards, including but limited to those classified as Standard Industrial
Classification 5015 and 5093;
vii. Steam electric power generating facilities, including
coal handling sites;
viii. Transportation facilities classified as Standard
Industrial Classifications 40, 41, 42 (except 4221-25), 43, 44, 45, and 5171
which have vehicle maintenance shops, equipment cleaning operations, or airport
deicing operations. Only those portions of the facility that are either
involved in vehicle maintenance (including vehicle rehabilitation, mechanical
repairs, painting, fueling, and lubrication), equipment cleaning operations,
airport deicing operations, or which are otherwise identified under
subparagraphs 1i through 1vii above or subparagraphs 1ix through 1xi below are
associated with industrial activity;
ix. Treatment works treating domestic sewage or any other
sewage sludge or wastewater treatment device or system, used in the storage
treatment, recycling, and reclamation of municipal or domestic sewage,
including land dedicated to the disposal of sewage sludge that are located
within the confines of the facility, with a design flow of 1.0 MGD or more, or
required to have an approved pretreatment program under 40 CFR part 403. Not
included are farm lands, domestic gardens or lands used for sludge management
where sludge is beneficially reused and which are not physically located in the
confines of the facility, or areas that are in compliance with section 405 of
the Federal Act;
x. Construction activity including clearing, grading and
excavation, except operations that result in the disturbance of less than five
acres of total land area. Construction activity also includes the disturbance
of less than five acres of total land area that is a part of a larger common
plan of development or sale if the larger common plan will ultimately disturb
five acres or more. For a facility (other than an airport, powerplant, or
uncontrolled sanitary landfill) that is owned or operated by a municipality
with a population of less than 100,000, this subparagraph does not include
construction activity that commenced prior to March 3, 2004, unless such
activity required, but did not have, certification or approval issued under the
Soil Erosion and Sediment Control Act, 4:24-39 et seq., prior to March 3, 2004;
and
xi. Facilities under Standard Industrial Classifications 20,
21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34
(except 3441), 35, 36, 37 (except 373), 38, 39, and 4221-25; and
2. Any discharge to surface waters of stormwater that does
not meet paragraph 1 above, but that the Department classifies as a "stormwater
discharge associated with industrial activity" at the request of the permittee,
applicant, or prospective applicant for that discharge. Such requests may be
withdrawn at any time before or after such classification.
"Stormwater discharge (or stormwater DSW) associated with
small construction activity" means the discharge to surface water, from a point
source or a nonpoint source, of stormwater from:
1. Construction activities including clearing, grading, and
excavating that result in land disturbance of equal to or greater than one acre
and less than five acres. Small construction activity also includes the
disturbance of less than one acre of total land area that is part of a larger
common plan of development or sale if the larger common plan will ultimately
disturb equal to or greater than one and less than five acres. Small
construction activity does not include:
i. Routine maintenance that is performed to maintain the
original line and grade, hydraulic capacity, or original purpose of the
facility; or
ii. Construction activity that commenced prior to March 3,
2004, unless such activity required, but did not have, certification or
approval issued under the Soil Erosion and Sediment Control Act, 4:24-39 et
seq., prior to March 3, 2004; and
2. Any other construction activity designated by the
Department or the USEPA Regional Administrator, based on the potential for
contribution to a violation of a surface water quality standard, or for
significant contribution of pollutants to waters of the State.
"Stratum" means a single sedimentary bed or layer, regardless
of thickness, that consists of generally homogeneous rock material.
"Stream temperature" means the temperature of a stream
outside of a designated heat dissipation area.
"Subsidence" means the lowering of the natural land surface
in response to any of the following: earth movements; lowering of fluid
pressure; removal of underlying supporting material by mining or solution of
solids, either artificially or from natural causes; compaction due to wetting
(hydrocompaction); oxidation of organic matter in solids; or added load on the
land surface.
"Surface casing" means the first string of well casing to be
installed in the well.
"Surface disposal site" means an area of land where residual
is placed or was left in place for final disposal. For the purposes of this
chapter, "place residual" or "residual placed" shall refer to the surface
disposal of residual. This definition does not include an area of land used for
the land application of residual.
"Surface impoundment" or "impoundment" means a facility or
part of a facility which is a natural topographic depression, man-made
excavation, or diked area formed primarily of earthen materials (although it
may include a liner), which is designed to hold an accumulation of liquid or
solid wastes or wastes containing free liquids, and which is not an injection
well. Examples of surface impoundments are holding, storage, settling and
aeration pits, ponds, and lagoons.
"Surface water" means water at or above the land's surface
which is neither ground water nor contained within the unsaturated zone,
including, but not limited to, the ocean and its tributaries, all springs,
streams, rivers, lakes, ponds, wetlands, and artificial waterbodies.
"Surface water classifications" means names assigned by the
Department in N.J.A.C. 7:9B to waters having the same designated uses and water
quality criteria (for example, FW1, PL, FW2-NT, SE1, SC, Zone 1C).
"Surface Water Quality Standards" means the rules at N.J.A.C.
7:9B which set forth, for the surface waters of the State, designated uses, use
classifications, and water quality criteria, and the Department's policies
concerning these uses, classifications and criteria.
"Surrogate parameter" means a parameter which is used as an
indicator of the pollutant concentration for one or more other
parameters.
"Suspended Solids" see "total suspended solids".
"Suspension of a permit" means the temporary revocation of a
permit for a specified period of time during the five year permit cycle.
"Synoptic well data" means a set of ground water related
measurements sufficiently simultaneous so that the piezometric surface and
ground water flow direction can be inferred accurately, and important
fluctuations will not affect interpretation.
"Thermal alterations" means the increase or decrease in the
temperature of surface waters, above or below the natural temperature, that may
be caused by the activities of man.
"Thermal discharge" means the component of any discharge
which is comprised of heat, and which shall be limited in accordance with
Sections 301, 306, 316 of the Federal Act, Section 6 of the State Act.
"Thermocline" means the plane of maximum rate of change in
temperature with respect to depth.
"30 day average" or "monthly average value" means the sum of
all daily discharges measured during a calendar month, divided by the number of
daily discharges measured during that month. Results are commonly expressed in
loading (kg/day) and/or concentration (mg/L).
"Tidal waters" means fresh or saline water under tidal
influence, up to the head of tide.
"Time proportional composite" means a single sample which
receives equal aliquots at equal time intervals.
"Total dissolved solids" or "TDS" means the total dissolved
(filterable) solids as determined by use of the method specified in 40 CFR Part
136.
"Total Kjeldahl nitrogen" or "TKN" means the summation of the
organic nitrogen containing compounds present in effluent or ambient waters
which is measured by the total Kjeldahl nitrogen analytical methodology in 40
CFR Part 136, Method 351.
"Total maximum daily load" or "TMDL" means a total maximum
daily load formally established pursuant to Section 7 of the Water Quality
Planning Act (58:11A-7) and Section 303(d) of the Clean Water Act, 33 U.S.C.
§§ 12512 et seq. A TMDL is the sum of individual wasteload
allocations for point sources, load allocations for nonpoint sources of
pollution, other sources such as tributaries or adjacent segments, and
allocations to a reserve or margin of safety for an individual
pollutant.
"Total recoverable metal" means the concentration of metal in
an unfiltered sample following treatment with hot dilute mineral acid (as
defined in Methods for Chemical Analysis of Water and Wastes, EPA-600/4-79-020,
March 1979).
"Total suspended solids" or "TSS" means the total
nonfilterable residue as determined by analytical procedures set forth in the
Manual of Methods for Chemical Analysis of Water and Wastes (USEPA Office of
Technology Transfer, Washington, D.C. March 1983).
"Total suspended solids concentrations achievable with waste
stabilization ponds" means a TSS value, determined by the Department subject to
USEPA approval, which is equal to the effluent concentration achieved 90
percent of the time within the State or appropriate contiguous geographical
area by waste stabilization ponds that are achieving the monthly average values
for BOD5 specified in N.J.A.C. 7:14A-12.
"Toxicity test" see "bioassay".
"Toxic pollutant" or "toxic substance" means any pollutant
identified pursuant to the Federal Act, or any pollutant or combination of
pollutants, including disease-causing agents, which after discharge and upon
exposure, ingestion, inhalation, or assimilation into any organism, either
directly or indirectly by ingestion through food chains, may, on the basis of
information available to the Department, cause death, disease, behavioral
abnormalities, cancer, genetic mutations, physiological malfunctions, including
malfunctions in reproduction, or physical deformation, in such organisms or
their offspring. Toxic pollutants shall include but not be limited to those
pollutants identified pursuant to Section 307 of the Federal Act or Section 4
of the State Act, or in the case of "sludge use or disposal practices," any
pollutant identified pursuant to Section 405(d) of the Federal Act.
"Trade secret" means the whole or any portion or phase of any
scientific, technical or otherwise proprietary information, design, process,
procedure, formula, or improvement which is used in one's business and is
secret and of value. A trade secret shall be presumed to be secret when the
owner takes measures to prevent it from becoming available to persons other
than those selected by the owner to have access thereto for limited purposes. A
trade secret shall not apply to effluent data as provided in Section 9(c) of
the State Act and as defined in this section.
"Treatment of hazardous waste" means any method, technique,
or process, including neutralization, designed to change the physical,
chemical, or biological character or composition of any hazardous waste so as
to neutralize such wastes or so as to recover energy or material resources from
the waste, or so as to render such waste nonhazardous, or less hazardous; safer
to transport, store or dispose of; or amenable for recovery, amenable for
storage, or reduce in volume.
"Treatment of residual" means the preparation of a residual
for final use or disposal. Treatment of residual includes, but is not limited
to, thickening, stabilization, and dewatering of the residual. Treatment of
residual does not include storage of the residual. This definition includes the
treatment of sewage sludge.
"Treatment works" means any device or system whether public
or private, used in the storage, treatment, recycling, or reclamation of
municipal or industrial waste of a liquid nature including intercepting sewers,
outfall sewers, sewage collection systems, cooling towers and ponds, pumping,
power and other equipment and their appurtenances; extensions, improvements,
remodeling, additions, and alterations thereof; elements essential to provide a
reliable recycled supply such as standby treatment units and clear well
facilities; and any other works including sites for the treatment process or
for ultimate disposal of residues resulting from such treatment. Additionally,
"treatment works" means any other method or system for preventing, abating,
reducing, storing, treating, separating, or disposing of pollutants, including
stormwater runoff, or industrial waste in combined or separate stormwater and
sanitary sewer systems.
"Treatment works approval" means an approval issued pursuant
to 58:10A-6 and N.J.A.C. 7:14A-22, or pursuant to former N.J.S.A.
58:12-3(Repealed by P.L. 1977, c. 74, Section 14 effective July 24,
1977).
"Treatment works treating domestic sewage" means a DTW or any
other sewage sludge or wastewater treatment devices or systems, regardless of
ownership (including Federal facilities) used in the storage, treatment,
recycling, and reclamation of municipal or domestic sewage, including land
dedicated for the disposal of sewage sludge. This definition does not include
septic tanks or similar devices. The Regional Administrator or Commissioner may
designate any person subject to the standards for sewage sludge use or disposal
in 40 CFR Part 503 or N.J.A.C. 7:14A-20, as a "treatment works treating
domestic sewage" through issuance of a permit where it is found that there is a
potential for adverse effects on public health and the environment from sludge
quality or sludge handling, or residual use or disposal practices, or where
there is a finding that such designation is necessary to ensure that such
person is in compliance with 40 CFR Part 503 or N.J.A.C. 7:14A-2.
"Trout maintenance waters" means waters designated in
N.J.A.C. 7:9B for the support of trout throughout the year.
"Trout production waters" means waters designated in N.J.A.C.
7:9B for use by trout for spawning or nursery purposes during their first
summer.
"24-hour composite sample" means a combination of individual
aliquots obtained at a minimum frequency of one aliquot at hourly intervals
over a 24- hour period.
"201 Facilities Plans" means plans for wastewater treatment
facilities adopted pursuant to Section 201 of the Federal Act.
"Type I error" means an error that occurs when a true null
hypothesis is rejected erroneously. In the monitoring context a Type I error
occurs when a test incorrectly indicates contamination or an increase in
contamination at a regulated unit.
"UIC permit" means a NJPDES-DGW permit issued for underground
injection control.
"Ultimate sludge management alternative" means the final
management of sludge at a facility or operation such that no additional permit
or approval actions are required for further processing or movement.
"Uncontrolled sanitary landfill" means a landfill or open
dump, whether in operation or closed, that does not meet the requirements for
runon or runoff controls established pursuant to subtitle D of RCRA.
"Underground injection" means a well injection.
"Underground source of drinking water" or "USDW" means an
aquifer or its portion which supplies any public water system; or
1. Which contains a sufficient quantity of ground water to
supply a public water system; and
i. Currently supplies drinking water for human consumption;
or
ii. Contains fewer than 10,000 mg/1 total dissolved solids;
and
2. Which is not Class III ground water, in accordance with
N.J.A.C. 7:9-6.5(f).
"Unsaturated zone" means the subsurface volume between the
land's surface and the top of the saturated zone (water table), where moisture
does not fill all the pore spaces in the formation or soil.
"Unstable area" means land subject to natural or
human-induced forces that may damage the structural components of a surface
disposal site. This includes, but is not limited to, land on which the soils
are subject to mass movement.
"Uppermost aquifer" means the geologic formation nearest the
natural ground surface that is an aquifer, as well as, lower aquifers that are
hydraulically interconnected with this aquifer within the facility's property
boundary.
"USEPA approved model" means water quality models which have
been accepted by the USEPA Center for Exposure Assessment Modeling in Athens,
Georgia, and for which the Center provides technical support.
"USEPA Technical Support Document" means the USEPA Technical
Support Document for Water Quality Based Toxics Control, (EPA/505/2-90-001),
dated March 1991, as amended, incorporated herein by reference.
"User" means any person, individual, firm, company,
partnership, corporation, association, group or society, mobile source, and
includes political subdivisions of this State and any Federal, State or
interstate agency discharging to a DTW.
"Variance" means any mechanism or provision under Sections
301 or 316 of the Federal Act or under 40 CFR Part 125, or in the applicable
"effluent limitations guidelines" which allows modification to or waiver of the
generally applicable effluent limitation requirements or time deadlines of the
Federal Act. This includes provisions which allow the establishment of
alternative limitations based on fundamentally different factors or on Section
301(c), 301(g), 301(h), 301(i), or 316(a) of the Federal Act.
"Vector attraction" means the characteristic of a residual
that attracts rodents, flies, mosquitoes, or other organisms capable of
transporting infectious agents.
"Warm water aquatic animals" means and includes, but is not
limited to, the Ameiuride (catfish), Centrarchidae (sunfish) and Cyprinidae
(minnow) families of fish.
"Waste Characterization Report" means the Department's form
used primarily for the reporting of surface water sampling data for nonlimited
parameters, such as periodic priority pollutant scans; groundwater monitoring
well results; and residual monitoring information.
"Wasteload" means the amount of chemical, physical,
radiological, or biological matter contained within a waste discharge.
"Wasteload allocation" means the portion of a receiving
water's total maximum daily load for a specific pollutant that is allocated to
one of its existing or future point sources of pollution. WLAs constitute a
type of water quality-based effluent limitation.
"Waste management unit boundary" means a vertical surface
located at the hydraulically downgradient limit of the MSWLF unit. This
vertical surface extends down into the uppermost aquifer.
"Water quality based effluent limitations" means effluent
limitations established so that the quality of the waters receiving a discharge
will meet the Surface Water Quality Standards of N.J.A.C. 7:9B, after the
introduction of the effluent.
"Water quality criteria" means a designated concentration of
a constituent that, when not exceeded, will protect an organism, an organismic
community or a prescribed water use or quality.
"Water quality management plans" or "WQMPs" means the plans
prepared pursuant to Sections 208 and 303 of the Federal Act and the Water
Quality Planning Act, 58:11A-1 et seq., including the Statewide, areawide, and
county WQM plans.
"Water quality standards" means the physical, chemical,
biological and esthetic characteristics of a water body as described by State
water quality criteria, N.J.A.C. 7:9B, or the water quality which would result
from existing discharges under design conditions, whichever is more stringent
as determined by the Department.
"Waters of the State" means the ocean and its estuaries, all
springs, streams and bodies of surface or ground water, whether natural or
artificial, within the boundaries of the State of New Jersey or subject to its
jurisdiction.
"Weekly" means every seventh day (the same day each week) and
a normal operating day, unless otherwise specified in the permit. A normal
operating day shall be a period of time reasonably representative of normal
operating conditions, on which a representative sample of the discharge may be
obtained.
"Weekly monitoring" means monitoring conducted at a minimum
of once every seven calendar day period.
"Well" means a bored, drilled or driven shaft, or a dug hole,
whose depth is greater than the largest surface dimension.
"Well injection" means the subsurface emplacement of fluids
through an injection well.
"Well log" means a log obtained from a well showing such
information as relative location and depth of soils horizons and geologic units
indicating textural and other petrologic characteristics. Well logs may also
show geophysical properties such as resistivity, radioactivity, spontaneous
potential and acoustic velocity as in function of depth.
"Well monitoring" means the measurement by on-site
instruments or laboratory methods of the quality of water in a well.
"Well plug" means a watertight and gastight seal installed in
a borehole or well to prevent movement of fluids.
"Well record" means a concise statement of the available data
regarding a well, such as a scout ticket; a full history or day-by-day account
of a well, from the day the well was surveyed to the day production
ceased.
"Well stimulation" means several processes used to clean the
well bore, enlarge channels, and increase pore space in the interval to be
injected thus making it possible for wastewater to move more readily into the
formation, and includes surging, jetting, blasting, acidizing, or hydraulic
fracturing.
"Wetlands" means those areas that are inundated or saturated
by surface or ground water at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions commonly known as
hydrophytic vegetation. The Department shall evaluate the parameters of
hydrology, soils, and vegetation to determine the presence and extent of
wetlands.
"Whole effluent toxicity" or "WET" means the aggregate toxic
effect of an effluent measured by a toxicity test.
"Working hours" means the established core operation hours of
the Department, including but not limited to 8:00 A.M. through 5:00 P.M.,
Monday through Friday.
"Written statement of consent" means a Departmental form or a
resolution by a governmental entity (as specified by the Department for the
action requested) signed by an authorized representative of the governmental
entity, which expresses that entity's acknowledgment of an application
submitted to the Department for approval.
"Zone" means the general surface water classification applied
to the mainstem Delaware River and Delaware Bay.
"Zone of saturation" means saturated zone.
