Unless the context specifically indicates otherwise, the following
terms and phrases, as used in this article, shall have the meanings
hereinafter designated:
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
AFFIRMATIVE DEFENSE
A person may be entitled to an affirmative defense against
legal action by the Authority for a violation of an effluent limitation
occurring as a result of an upset, an anticipated or unanticipated
bypass, or a testing or laboratory error.
APPROVAL AUTHORITY
The Director of the Division of Water Quality of the Department
of Environmental Protection for the State of New Jersey, or his or
her authorized representative.
APPROVED TEST PROCEDURE
All analysis shall be performed in accordance with the analytical
test procedures approved under 40 CFR Part 136, including all supplements
and amendments thereto.
AUTHORITY
The Ewing-Lawrence Sewerage Authority.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
The highest-ranking official having day-to-day managerial
and operational responsibilities for the facility from which the indirect
discharge originates. This may include authorizing capital expenditures
or hiring personnel. In his or her absence, this person may authorize
another responsible high-ranking official.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation
of organic and inorganic matter under standard laboratory procedure
five days at 20° C. expressed in terms of weight (kilograms per
day) and concentration [milligrams per liter (mg/l)].
BYPASS
The anticipated or unanticipated intentional diversion of
waste streams from any portion of a treatment works.
CATEGORICAL INDUSTRIAL USER (CIU)
An industrial user subject to categorical standards in accordance
with the United States Environmental Protection Agency General Pretreatment
Standards (40 CFR Part 403).
CATEGORICAL PRETREATMENT STANDARDS
Pretreatment standards specifying quantities or concentrations
of pollutants or pollutant properties which may be discharged or introduced
into a publicly owned treatment works by existing or new industrial
users in specific industrial subcategories.
CERTIFIED LABORATORY
A laboratory certified by the New Jersey Department of Environmental
Protection Office of Quality Assurance to conduct wastewater analyses
by approved test procedures.
CHEMICAL OXYGEN DEMAND (COD)
The quantity of oxygen required for chemical oxidation of
organic matter to carbon dioxide and water expressed in terms of weight
(kilograms per day) and concentration [milligrams per liter (mg/l)].
CHLORINE DEMAND
The amount of chlorine expressed in milligrams per liter
which will complete the normal reactions with all chemicals and materials
in the waste leaving an excess of 0.1 mg/l after 30 minutes contact
time at room temperature.
COMMERCIAL USER (CU)
Any person who discharges nondomestic wastewater and who
provides a service, engages in recognizable restaurant activities,
or engages in the purchase or sale of commodities.
COMMISSIONER
The Commissioner of the New Jersey Department of Environmental
Protection or his/her authorized representative.
COMPATIBLE POLLUTANT
Biochemical oxygen demand, suspended solids, pH and fecal
coliform bacteria, oil and grease and such additional pollutants as
are now or may be in the future specified and controlled in the Ewing-Lawrence
Sewerage Authority's NJPDES permit, where the POTW is designed
to treat such pollutants to the degree required by a NJPDES permit.
COMPOSITE SAMPLE
A combination of individual or continuously taken samples
(aliquots) of at least 100 milliliters, collected at periodic intervals
over a specified time period. Composites can be either time proportional
or flow proportional; either the time interval between each aliquot
or the volume of each aliquot should be proportional to either the
flow at the time of sampling or the total flow since the collection
of the previous aliquot. Aliquots may be collected manually or automatically.
For intermittent discharges of less than four hours' duration,
aliquots shall be taken at intervals not to exceed 15 minutes. For
intermittent discharges of four hours' or more duration, aliquots
shall be taken at intervals not to exceed 30 minutes.
CONDUCT OF VIOLATOR
(1)
MAJORAn intentional, deliberate, knowing and willful violation.
(2)
MODERATEAn unintentional but foreseeable act, omission or violation.
(3)
MINORAny behavior which causes a violation that is not major or moderate in nature.
CONSTRUCTION RULES AND REGULATIONS (CRR)
Refers to the ELSA Construction Rules and Regulations: Application,
Design Instructions and Standard Details (June 2012) and all amendments
or supplements thereto.
CONTROL AUTHORITY (CA)
The "approval authority" defined hereinabove or the Executive
Director of the Ewing-Lawrence Sewerage Authority if the Authority
has an approved pretreatment program under the provisions of 40 CFR
403.11.
CONVENTIONAL POLLUTANT
Biochemical oxygen demand, total suspended solids, pH, fecal
coliform bacteria, oil and grease (O/G) and such additional pollutants
as are (or may in the future be) specified and controlled in the Authority's
NJPDES permit, where the POTW is designed to treat such pollutants.
COOLING WATER
Any water used for the purpose of carrying away excess heat
and which may contain biocides used to control biological growth or
other additives to protect the system against corrosion, scaling and
the like.
CORPORATE OFFICER
A person who is employed by the industrial user, not as a
consultant, and has responsibility and direct knowledge of the processes,
operations, and wastewater discharges conducted by the permitted facility.
DAILY DISCHARGE
The discharge of a pollutant during a calendar day or twenty-four-hour
period for the purpose of sampling the average measurement of the
pollutant calculated over the day. For mass units it is calculated
as the total mass of the pollutant discharged over the day.
DISCHARGE
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 it might flow or drain into said waters,
or into waters or onto lands outside the jurisdiction of the state,
from which the pollutant enters the waters of the state, "Discharge"
includes the release of any pollutant into a municipal treatment works.
DOMESTIC WASTEWATER
The liquid waste or liquid-borne waste discharged from residential
units, normally resulting from the noncommercial preparation, cooking
and handling of food and/or consisting of human excrement and similar
wastes from sanitary conveniences.
ELSA
The Ewing-Lawrence Sewerage Authority.
EMERGENCY
A situation which, in the opinion of the Executive Director
or his/her authorized representative, may cause interference and/or
pass through, upset, damage to the POTW or present a hazard to personnel,
the general public, or the environment.
EPA
The United States Environmental Protection Agency.
EXECUTIVE DIRECTOR
The Executive Director of the Ewing-Lawrence Sewerage Authority
or his/her duly appointed deputy, agent or representative.
EXISTING DISCHARGER
Includes all persons or entities discharging wastewater to
the treatment works of the Authority at the time this article is adopted.
EXISTING SOURCE
Any categorical industrial user contributing wastewater before
the proposal of a new categorical standard.
FEDERAL CATEGORICAL PRETREATMENT STANDARDS
Pretreatment standards as codified in 40 CFR Part 403, Chapter
I, Subchapter N, specifying quantities or concentrations of pollutants
or pollutant properties which may be discharged or introduced to a
publicly owned treatment works by existing or new industrial users
in specific industrial subcategories.
GARBAGE
Solid wastes from the domestic and commercial preparation,
cooking, dispensing, handling, storage and/or sale of food or biodegradable
waste. This includes other types of refuse discharged by a person
or entity to the wastewater system.
GRAB SAMPLE
An individual sample of at least 100 milliliters collected
over a period not exceeding 15 minutes which is taken from a waste
stream.
GREASE
Grease and/or oil of animal and vegetable origin, usually
in a viscous or solid state.
HAZARDOUS POLLUTANT
(2)
Any substance regulated as a pesticide under the Federal Insecticide,
Fungicide, and Rodenticide Act, Pub. L. 92-516, 7 U.S.C. § 136
et seq.;
(3)
Any substance the use or manufacture of which is prohibited
under the federal Toxic Substances Control Act, Pub. L. 94-469 (15
U.S.C. § 2601 et seq.);
(4)
Any substance identified as a known carcinogen by the International
Agency for Research on Cancer;
(5)
Any hazardous waste as designated pursuant to Section 3 of P.L.
1981, c. 279 (N.J.S.A. 13:1E-51) or the Resource Conservation and
Recovery Act. Pub. L. 94-580 (42 U.S.C. § 6901 et seq.);
or
(6)
Any hazardous substance as defined pursuant to Section 3 of
P.L. 1976. c. 141 (N.J.S.A. 58:10-23.11b).
HOLDING TANK WASTE
Any waste from holding tanks, such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
INDIRECT DISCHARGE
The discharge or the introduction of nondomestic pollutants
from any source regulated under Section 307(b), (c), or (d) of the
Act, (33 U.S.C. § 1317) into the publicly owned treatment
works (including holding tank waste discharged into the system).
INDUSTRIAL DISCHARGE PERMIT
A permit duly issued by the NJDEP, which may establish discharge
limitations, monitoring and reporting obligations, and other requirements.
INDUSTRIAL PROCESS WASTEWATER
The liquid waste or liquid-borne waste resulting from the
processes employed by any user or users identified by, but not limited
to, the North American Industry Classification System or the Standard
Industrial Classification Manual, 1972, Office of Management and Budget,
as amended and supplemented under one of the following divisions:
(1)
Division A: Agriculture, Forestry and Fishing.
INTERFERENCE
(1)
Inhibiting or disrupting the operation of a publicly owned treatment
works or its treatment processes so as to contribute to, or cause
a violation of, any condition of a federal, state or local permit;
(2)
Discharging process wastewater which, in combination with exiting
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 publicly
owned treatment works in accordance with Section 405 of the Act, 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.
LABORATORY ERROR
An unanticipated test interference, sample contamination,
analytical defect or procedural deficiency in sampling or other similar
circumstances beyond the control of the industrial user.
MEDICAL WASTE
Any waste that is generated in the diagnosis, treatment (e.g.,
provision of medical services), or immunization of human beings or
animals, in research pertaining thereto, or in the production or testing
of biologicals. The term does not include any hazardous waste identified
or listed under 40 CFR Part 261 or any household waste generated from
home self-care.
NATIONAL PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act, which
applies to industrial users. This term includes prohibitive discharge
limits established pursuant to 40 CFR 403.5.
NEW DISCHARGER
(1)
Any building, structure, facility or installation from which
there is or may be a discharge of pollutants, the occupation and/or
construction of which commenced after the adoption of this article.
This term applies if:
(a)
The building, structure, facility or installation is constructed
at a site at which no other source is located; or
(b)
The building structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
(c)
The production or wastewater generating processes of the building,
structure, facility or installation are substantially independent
of an existing source at the same site.
(2)
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection
(1)(b), or
(c) of this definition, but otherwise alters, replaces, or adds to existing process or production equipment.
(3)
Construction of a new source, as defined under this definition,
has commenced if the owner or operator has:
(a)
Begun, or caused to begin as part of a continuous on-site 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
(b)
Entered into a binding contractual obligation for the purpose
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.
NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM (NJPDES)
The New Jersey system for the issuing, modifying, suspending,
revoking and reissuing, terminating, monitoring and enforcing of discharge
permits pursuant to the State Act. The term also includes discharge
permits (NJPDES) issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1251 et seq.).
NJDEP
The New Jersey Department of Environmental Protection.
NONCONTACT COOLING WATER
Water used for cooling which does not come into direct contract
with any raw material, intermediate product, waste product, or finished
product. This definition applies to closed systems and open systems
subject to evaporation from cooling towers, as well as recycling of
water.
NONCONVENTIONAL POLLUTANT
Any pollutant, hazardous or nonhazardous, which poses a treatment
problem or health threat for conveyance, treatment or disposal in
the sewer treatment works.
NONDOMESTIC DISCHARGER
Any industrial or commercial facility that is not considered
a domicile. Industrial or commercial operations that are conducted
within a domicile will be considered an industrial or commercial facility.
Discharges that are not considered normal domestic waste are included.
NONDOMESTIC DISCHARGES
Pollutants or wastewater from industrial or commercial sources
of a quantity or quality that cannot be discharged directly into the
waters of the state. This discharge would include combined stormwater,
groundwater remediation activities, industrial waste, waste leachate
or other liquid waste.
NONROUTINE DISCHARGES
Those discharges that are in addition to the normal wastewater
discharge practices of the user or are of a substantial volume as
defined in this article or of a nature as to cause upset, pass through
or interference to the POTW.
NORMAL SEWAGE
Analyses by the Ewing-Lawrence Sewerage Authority showing
not more than the following:
(1)
BOD: 1,667 pounds per million gallons (200 mg/l) or less.
(2)
Chlorine demand: 167 pounds per million gallons (20 mg/l) or
less.
(3)
Ether-soluble materials: 417 pounds per million gallons (50
mg/l) or less.
(4)
pH: not less than 5.5 nor more than 9.0.
(5)
Suspended solids: 2,083 pounds per million gallons (250 mg/l)
or less.
OIL AND GREASE
Waxy, oily or greasy materials derived from organic and inorganic
sources, having a specific gravity of less than one and immiscible
in water. Defined as any material recovered as a substance soluble
in a solvent from an approved method.
PARTICIPANT
All the municipalities, companies or customers that sign
a service agreement that provides for the treatment of sewerage by
the Authority's treatment works.
PASS THROUGH
A discharge which exits the treatment works into waters of
the United States in quantities or concentrations which, alone or
in conjunction with a discharge or discharges from other sources,
is a potential cause of a violation of any requirement of the Treatment
Work's NJDES permit (including an increase in the magnitude or
duration of a violation).
PERMITS, TYPES OF
(1)
Connection permit. A permit issued by the Authority pursuant
to an approved Application for Sewer Connection, and allows the making
of a connection of the Authority's lateral or street sewer.
(2)
Industrial wastewater discharge permit. A permit issued by the
NJDEP to an industrial or commercial user, which authorizes the discharge
of wastes to the sanitary sewer, subject to the conditions contained
therein.
PERMITTED INDUSTRIAL USER (PIU)
Any participant who discharges wastewater into the ELSA POTW,
which is regulated by means of an industrial wastewater discharge
permit.
PERSON
Any individual, partnership, co-partnership firm, firm, company,
corporation, association, joint-stock company, trust estate, group
or society, including the State of New Jersey and its agencies, districts,
commissions and political subdivisions created by or pursuant to state
law, government entity, federal agency or department or instrumentality
thereof, or any other legal entity.
PETROLEUM HYDROCARBON (PHC)
Nonvolatile oil-based materials derived from inorganic sources,
with a specific gravity less than one, immiscible in water, and nonpolar
in molecular configuration expressed as a pollutant found in wastewater
or sludge. Selective removal from wastewater or sludge by partitioning
into a solvent, then separation from organic grease fractions by passage
through a bed of silicic acid to remove polar compounds, then evaporation
of the solvent or quantification through an approved spectrophotometric
method differentiates these compounds as a subset of oil and grease.
pH
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions in moles per liter of solution. Solutions with a
pH greater than 7.0 are said to be basic; solutions with a pH less
than 7.0 are said to be acidic; pH equal to 7.0 is considered neutral.
PHARMACEUTICAL WASTE
Any discharge of a pollutant, raw material or finished product,
resulting from test runs, pilot runs, research and development runs
and/or regular production runs. This is not intended to include discharges
of regular production wash water, rinse water and standard equipment
wash downs.
POLLUTANT
Any dredged spoil, solid waste, holding tank waste, incinerator
residue, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, pharmaceutical waste, medical waste, biological materials,
radioactive substance, thermal waste, wrecked or discarded equipment,
rock, sand, cellar dirt and industrial, municipal or agricultural
waste or other substance or residue discharged into the waters of
the state.
PRETREATMENT
The reduction of the amount of pollutants, the elimination
of 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 publicly owned treatment works. The reduction
or alteration may be obtained by physical, chemical or biological
processes, process changes or by other means, except as prohibited
by the General Pretreatment Regulations for Existing and New Sources
of Pollution [40 CFR 403.6(d)]. 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 publicly owned treatment
works. 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).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment,
other than a national pretreatment standard, imposed on an industrial
user.
PRETREATMENT STANDARDS
All applicable federal and state rules and regulations implementing
Section 307 of the Act (33 U.S.C. § 1251 et seq.) or N.J.S.A.
58:11-49 et seq., as well as any nonconflicting state or local standards.
In cases of conflicting standards or regulations, the more stringent
thereof shall be applied.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works as defined by Section 212 of the Act (33
U.S.C. § 1292) which is maintained in this instance by the
Authority. For the purposes of this article, POTW shall also include
any sewers that convey wastewaters to the POTW from persons outside
the Authority who are, by contract or agreement with the Authority,
users of ELSA's POTW.
QUALIFIED PROFESSIONAL
A person licensed to practice professional engineering in
the State of New Jersey. A person, other than an engineer, who has
achieved, through schooling and/or experience, a level of competence
that enables that person to effectively carry out all the duties to
achieve compliance with this article, and federal and state regulations.
REGIONAL ADMINISTRATOR
The Administrator of Region II of the United States Environmental
Protection Agency or his/her authorized representative.
SAMPLING POINT
A representative point where wastewater is sampled to determine
compliance with this article.
SCREENING LIMIT
The limit that will elicit written responses from the Authority
to require further analysis and possible treatment changes or upgrades.
SEPTAGE
Liquid and solid material pumped from a septic tank or cesspool
during cleaning. For the purpose of this article, septage shall be
considered as waste from domestic septic tanks only.
SERIOUS VIOLATION (SV)
An exceedance of an effluent limitation for a discharge point
source set forth in a permit, administrative order, or administrative
consent agreement, including interim enforcement limits, by 20% or
more for a hazardous pollutant, or by 40% or more for a nonhazardous
pollutant, calculated on the basis of the monthly average for a pollutant
for which the effluent limitation is expressed as a monthly average,
or, in the case of an effluent limitation expressed as a daily maximum
and without a monthly average, on the basis of the monthly average
of all maximum daily test results for that pollutant in any month;
in the case of an effluent limitation for a pollutant that is not
measured by mass or concentration, the State of New Jersey may prescribe
an equivalent exceedance factor therefore. The State may utilize,
on a case-by-case basis, a more stringent factor of exceedance to
determine a serious violation if the state states the specific reasons
therefor, which may include the potential for harm to human health
or the environment. SV shall not include a violation of a permit limitation
for color. For pH, the greatest violation of a pH effluent range in
any one calendar day which violation deviates from the midpoint of
the range by more than 40%.
(1)
The Authority's pH range is 5.5 S.U. to 10.0 S.U.
(2)
The midpoint of the range is 7.75 S.U.
(4)
7.75 (midpoint) - 3.1 (40% of the midpoint) = 4.65 S.U.
(5)
7.75 (midpoint) + 3.1 (40% of the midpoint) = 10.85 S.U.
(6)
If five separate readings of pH during a given month were 4.3,
5.8, 6.5, 6.0, and 6.5, the reading of 4.3 would be a serious violation.
The pH range for a serious violation is below 4.65 S.U. and above
10.85 S.U.
SERIOUSNESS OF VIOLATION
(1)
MAJORExceeding the effluent limitation which is measured by concentration or mass for any discharge as follows:
(a)
By more than 50% for a hazardous pollutant.
(b)
By more than 100% for a nonhazardous pollutant.
(c)
Has caused or has the potential to cause serious harm to human
health or the environment.
(d)
Seriously deviates from the requirements of the Water Pollution
Control Act or the New Jersey Underground Storage of Hazardous Substances
Act and for violations of any rule, water quality standards, effluent
limitation, administrative order or permit issued pursuant to; serious
deviation shall include, but not be limited to, those violations which
are in complete contravention of the requirement, or if some of the
requirement is met, which severely impairs or determines the operation
or intent of the requirement.
(2)
MODERATEExceeding the effluent limitation which is measured by concentration or mass for any discharge as follows:
(a)
By 20% to 50% for a hazardous pollutant.
(b)
By 40% to 100% for a nonhazardous pollutant.
(c)
Has caused or has the potential to cause serious harm to human
health or the environment.
(d)
Seriously deviates from the requirements of the Water Pollution
Control Act or the New Jersey Underground Storage of Hazardous Substances
Act and for violations of any rule, water quality standards, effluent
limitation, administrative order or permit issued pursuant to; serious
deviation shall include, but not be limited to, those violations which
are in complete contravention of the requirement, or if some of the
requirement is met, which severely impairs or determines the operation
or intent of the requirement.
(3)
MINORExceeding the effluent limitation which is measured by concentration or mass for any discharge as follows:
(a)
By less than 20% for a hazardous pollutant.
(b)
By less than 40% for a nonhazardous pollutant.
(c)
Any violation other than an effluent violation not considered
moderate or major.
SIGNIFICANT ADVERSE ENVIRONMENTAL EFFECT
An action or omission of the user causes: serious harm or
damage to wildlife, freshwater fish, any other aquatic or marine life,
water fowl, or to their habitats, or to livestock, or agricultural
crops; serious harm, or degradation of, any ground or surface waters
used for drinking, agricultural, navigational, recreational, or industrial
purposes; or any other serious articulable harm or damage to, or degradation
of, the lands or waters of the state. Further any action or omission
of the user that causes a violation of the NJPDES permit and/or cause
a significant adverse environmental effect as defined within this
section.
SIGNIFICANT INDIRECT USER (SIU)
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:
(1)
(a)
The user is subject to categorical pretreatment standards under
40 CFR 403.6 and 40 CFR Chapter I Subchapter N;
(b)
The user's average volume of process wastewater exceeds
25,000 gallons per day;
(c)
The amount of BOD, COD or suspended solids in the industrial
process wastewater or discharge exceeds the mass equivalent of 25,000
gallons per day of the domestic waste of the affected local agency;
(d)
The volume of industrial process wastewater in the discharge
exceeds 5% or more of the average daily dry weather flow of the local
agency;
(e)
The user's discharge of process wastewater contributes
5% 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;
(f)
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;
(g)
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
(h)
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 NJDEP is the control
authority where:
(a)
The user is determined to be a hazardous waste facility that
received a permit in accordance with N.J.A.C. 7:26G-12;
(b)
The user's discharge consists of landfill leachate, which
is either pure, treated, or diluted; or
(c)
The user's discharge consists of 25,000 gallons per day
or more of process wastewater and/or polluted groundwater 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 Subsection
(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 NONCOMPLIER; FEDERAL
[40 CFR 403.8(f)(2)(viii)] For the purposes of this provision,
an industrial user is in "significant noncompliance" if its violation
meets one or more of the following criteria:
(1)
Chronic violation of wastewater discharge limits, defined here
as those in which 66% or more of all of the measurements taken for
the same pollutant parameter during a six-month period exceed (by
any magnitude) a numeric pretreatment standard or requirement, including
instantaneous limits, as defined by 40 CFR 403.3(I);
(2)
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of all of the measurements for the same
pollutant parameter during a six-month period equal or exceed the
product of the numeric pretreatment standard or requirement, including
instantaneous limits, as defined by 40 CFR 403.3(I) multiplied by
the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and
1.2 for all other pollutants except pH);
(3)
Any other violation of a pretreatment standard or requirement
as defined by 40 CFR 403.3(I) daily maximum, longer-term average,
instantaneous limit, or narrative standard that the Control Authority
determines has caused, alone or in combination with other discharges,
interferences or pass-through (including endangering the health of
POTW personnel or the general public);
(4)
Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare or to the environment or has resulted in
the POTW's exercise of its emergency authority to halt or prevent
such a discharge;
(5)
Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in a local control mechanism or enforcement
order for starting construction, completing construction, or attaining
final compliance;
(6)
Failure to provide, within 45 days after the due date, required
reports such as baseline monitoring reports, ninety-day compliance
reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules;
(7)
Failure to accurately report noncompliance;
(8)
Any other violation or group of violations which may include
a violation of best management practices, which the Control Authority
determines will adversely affect the operation or implementation of
the local pretreatment program.
SIGNIFICANT NONCOMPLIER; STATE
[N.J.S.A. 58:10A-3(w) and N.J.A.C. 7:14A-1.2]
(1)
Any person who commits a serious violation for the same pollutant
at the same discharge point source in any two months of any six-month
period; or
(2)
Who exceeds the 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; or
(3)
Who fails to submit a completed discharge monitoring report
in any two months of any consecutive six-month period; or
(4)
Any exceedances of an effluent limitation for pH by any amount,
excluding those 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)
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.
(6)
Any person, except a local agency, for an exceedance of an effluent
limitation for flow, who commits any of the violations above: The
NJDEP may utilize, on a case-by-case basis, a more stringent frequency
or factor of exceedance to determine a significant noncomplier, if
the NJDEP states the specific reasons therefor, which may include
the potential for harm to human health or the environment.
SLUG DISCHARGE
Any discharge of a nonroutine, episodic nature, including,
but not limited to, an accidental spill or a noncustomary batch discharge
that could cause a violation of the Authority's NJPDES permit,
violate this article, or cause pass-through or interference.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification
Manual, 1987 (or as revised) issued by the Executive Office of the
President, Office of Management and Budget.
STATE
The State of New Jersey.
STATE ACT
The New Jersey Water Pollution Control Act, N.J.S.A. 58:10A-1
et seq.
STORMWATER
Any flow occurring during or immediately following any form
of natural precipitation or melting, and resulting therefrom. This
shall also include water pumped from sump wells or other areas containing
water that has infiltrated a structure. Containment areas are also
considered stormwater sources for the purposes of this article.
SUBSTANTIAL CHANGE
A change in the characteristics of the wastewater discharged
to the ELSA POTW, including volume and loadings, which amount to a
deviation of more than 20% from the six-month average discharge of
pollutants.
SUBSTANTIAL VOLUME
An amount of flow or pollutant loading that causes pass-through
and/or interference within the ELSA POTW. This may be measured in
concentration or mass and/or other applicable methods of measurement
appropriate to the pollutant in question.
TOTAL SUSPENDED SOLIDS
The Total nonfilterable residue as defined in the Manual
of Methods for Chemical Analysis of Water and Wastes, 18th Edition,
and any supplements and amendments thereto, and analyzed in accordance
with an approved test procedure.
TOTAL TOXIC ORGANIC
The list of compounds under N.J.A.C. 7:14A-4, Appendix A,
Table II, III, IV, and V.
TOXIC POLLUTANT
Those pollutants, or combinations of pollutants, including
disease-causing agents, which, after discharge into the environment
in sufficient quantities 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 Commissioner, 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 designated under Section 307 of the Act (33 U.S.C.
§ 1317) or Section 4 of the State Act (N.J.S.A. 58:10A-3).
TREATMENT WORKS
Any device or system, whether public or private, used in
the collection, transportation, 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.
UNPOLLUTED WATER
Water not containing any pollutants limited or prohibited
by the effluent standard in effect and/or water whose discharge will
not cause any violation of receiving water quality standards or interference
with their designated uses.
UPSET
An exceptional incident in which there is unintentional and
temporary noncompliance with an effluent limitation because of an
event beyond the reasonable control of the permittee, including fire,
riot, sabotage, or a flood, storm event, natural cause, or other act
of God, or other similar circumstance, which is the cause of the violation.
"Upset" also includes noncompliance consequent to the performance
of maintenance operations for which a prior exception has been granted
by the NJDEP or a delegated local agency.
USER
Any person who discharges, causes or permits the discharge
of industrial process wastewater into the treatment works.
USER CLASSIFICATION
A classification of users based on the 1972 (or subsequent)
edition of the Standard Industrial Classification (SIC) Manual prepared
by the Federal Office of Management and Budget.
WASTEWATER
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities and institutions,
together with any groundwater, surface water, condensate, and stormwater
that may be present, whether treated or untreated, which is discharged
into or permitted to enter the ELSA POTW.