N.J. Admin. Code § 7:14A-21.9 - Exemptions from the requirements for an individual NJPDES-SIU permit from the Department

(a) An indirect user authorized to discharge by the local agency is exempt from the requirement to obtain an individual NJPDES-SIU permit from the Department if:

1. The indirect user does not meet the SIU definition;

2. The indirect user discharges to a delegated local agency's treatment works; or

3. The indirect user meets the non-significant categorical indirect user criteria set forth in (g) below.

(b) The Department may, at its discretion, revoke a NJPDES-SIU permit if the permittee meets the exemption criteria of (a) above.

(c) A permittee may request revocation of an individual NJPDES-SIU permit by submitting to the Department a certification by an authorized representative of the permittee stating the date and describing in detail when and why the permittee became eligible for an exemption pursuant to (a) above.

(d) The Department shall revoke the NJPDES-SIU permit if the permittee establishes pursuant to (c) above that the permittee qualifies for an exemption under (a) above.

(e) The terms and conditions of the individual NJPDES-SIU permit, including, but not limited to, the requirement to file a timely application for permit renewal, remain in full force and effect unless and until such permit is revoked consistent with the procedures in N.J.A.C. 7:14A-16.

(f) If an individual NJPDES-SIU permit is revoked pursuant to this section, the user may continue to discharge and shall comply with any pretreatment requirements of the local agency and this subchapter.

(g) An indirect user subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N, may be determined by the control authority to be an NSCIU rather than a significant indirect user if the user meets the following criteria:

1. The indirect user never discharges more than 100 GPD of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard);

2. The indirect user has consistently complied with all applicable categorical pretreatment standards and requirements; and

3. The indirect user never discharges any untreated concentrated wastewater.

Notes

N.J. Admin. Code § 7:14A-21.9

Amended by R.2009 d.7, effective 1/5/2009.
See: 40 N.J.R. 1478(a), 41 N.J.R. 142(a).
In (a)1, deleted "or" from the end; in (a)2, substituted "; or" for a period at the end; and added (a)3 and (g).