STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTALfROTECTION

N>r! J^'K 1'"

NOTICE OF AUTHORIZATION . 4f vi.-

ERMIT NO. J300H20

ISUED TO

Jba-£e1cy Corporation !> 3ox 71* ors ?.iver, !J .J . 08753

ISUING DIVISION

Iter ?:esources

. PERMIT TO

ISSUANCE DATE

• lay 3,

EXPIRATION SATE

June 30, EPP8CTIVE. DATE

FOR ACTIVITY/FAC!E»iTrA^ \

•toute 37 West v Saire as-Applicant Dover Towns hi p.-Ocsafn' County

OWNER

New Jersey

TYPE OF PERMIT

KJPDES-DSW

STAtUTE(S)

N. J . $.. K*s$lj <•' f < •;• §8:10A-1-#t se^.

APPLICATION

:\2Q00142O

Discharge to Toes River and Atlantic Ocean, classified as TV-1 and CW-2 Waters, 1n accordance vith effluent limitations, mor.Uorlnq requirements, and other conditions set forth 1* fa.rts I, II, III, !V, and V hereof.

•V

KJ

i the Authority of: )hn Saston tr., P.E. !rector 1/1 sion of later Resources

CP-008 THIS yOTlCEMUSTBE CONSPICVOUSL > DISPLAYED A T THE ACTIVITY/FACILITY SITE.

.Ml

234660

CIB 009 1041

DfcPAKTMM 0» ENVIRONMENTALPROTLCTION CN40:

Tienton. N.J. 08625

PERMIT

nA stipulation* enumerated ermit No.

ccompanyint am. .pptofon, .nd .ppbcbl. ^ J ^ J S S ^ ^ J ^ l ^ ^ ^ ^ ^ ^ ^ Expiration Date

May 8, 1985 1 J u l Location of Activity/Facility Ciba-Geigy Corp. Route 37 West Toms R i v e r , N . J . 08753

J0004120 Name and Addre» of Applicant iba-Geigy Corp, . 0 . Box 71 oms R i v e r , N . J . 08753

1. 1985

jsuing Division WATER RESOURCES

fhis permit grants permission to:

Type of Permit NJPDES/DSW

Name and Address of Owner Sane as applican

Statute(s) N . J . S . A .

discharge to Atlantic Ocean and Toms River, classified as CW-2 and TW-1 waters, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I , I I , I I I , and IV hereof.

b

CIB 009 1042

^*>">Aru lter>T^$*>*0F^flt °* Enwonmental Protection >hn W. Gaston J r . , P . E . Lrector

[.vision of Water Resources

|jlke word permit means "approval, certification, registration, etc'

" 5/8/85 . t luold SfchiirmmirA'uJulniitraLm PAtr Water Qua l i ty Management _____

(GENERAL CONDITIONS ARE ON THE REVERSE 8ST

Fart I Page 1 of 16

STATE Or WW JVSVf DEPAsna*! or ENVIRONMENTAL PROTECTION

rivisioN or W.TER RESOURCES

CWESAl CCKCITIONS TOR ALL KJPDES DISCHARGE PERMITS

Putv te Comply

a The permittee shall comply with .11 conditions of this M« *rsey Pollutant Discharge Elimination Syster (KJPDES) permit. No pollutant .ball be discharged more frequently than authorized or at a level ix excess of that which Is autboriied by the permit. The discharge of •any pflutant not specifically authoriaed in tbe KJPDES per.it or listed and quantified in tbe KJPDES application shall constitute a vitiation of the permit, unless the permittee can prove by clear and convincing evidence that tbe discharge of the unauthorised pollutant did not result from any of the permittee's activities which contribute to the generation of its wastewaters. Any per*", noncompliance constitutes a violation of the New Jersey Kater Pollution Control Act M S S A. 5e:10A-l et sec,.: hereinafter referred to as the State Act) or other authority of the KJPDES regulations (K.J.A.C. 7:14A-l et sec,.) and is erounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application.

«

E A permittee shall not achieve er.y effluent concentration by dilution. Kor shall a permittee * increase the use of process water or cooling water or otherwise attempt to dilute a discharge as

a partial or complete sutstitute for adequate treatment to achieve permit limitations or water -quality standards.

r Tbe permittee shall comply with applicable effluent standards or prohibitions established under SoctH507 (a) of the "Federal Kater Pollution Control Act" (PL »2-S00 et sec., hereinafter referred to as tbe Federal Act) and Sec-lot 4 of the State Act for toxic pollutant, within the us* provides in tbe regulations that establish these standards or prohibitions, even U tbe permit her not yet been modified tc incorporate the requirement.

D Tbe State Act provides that any person who violates a permit condition implementing the State let i . iubJSt to a civil penalty not to exceed S1C.000 per day of ruch violation. £ J ! l l t l \ y or negligently vicl.te. permit conditions implementing * ™ ™ » J Z » 2 £ a fine of not less than SJ.5C0 nor more than S25.00C par day of violation, or by imprisonment for not more than 1 year, or both.

E. Tbe permittee is required to eomrly -ith all other applicable federal, state and local rules, regulations, or ordinances. The issuance of thi, permit shall not be considered a. a waiver of any other requirements.

Permit Expiration

This permit and the authorization to discharge shall expire at midnight on tbe expiration date of tbe permit. The permittee shall not discharge after the above date of expiration of tbe permit.

A. Duty to Reapply. . Jf tbe permittee wishes to continue an activity regulated by a * J P D E S ^ * " S t i r the eviration date of the permit, the permittee shall apply for «d obtain a ™ (If the activity is to be continued, the permittee .hall complete, •>«**•»« information, forms, and fees as are required by tbe Department mo later than ltO days expiration date.) Tbe permittee .ball follow the requirement, stated in paragraph W.A. wmen signing any application.

CIB ©09 1 0 4 3

Fert X Page 2

B. Cor t lr.ua t Ion ef Expiring PermIts

(1) The conditions ef en expired permit ere continued in force pursuant to the "Admlnlstrative Procedure Act," K.J.S.A. S2:14B-11, until the effective date ef a new permit if:

a. The permittee has submitted a timely ar.fi complete application fcr renewal as provided in Sections 2.1 and (3.2 DSK) (4.4 IKW) (5.E VIC) and Sutchapter 10 ef tbe KJPDES peculations} and

b. The Department through no fault ef tbe permittee, does mot Issue a new permit with an effective date under Section i.C of tbe KJPDES Regulations en or before tbe expiration date ef tbe previous permit (e.g., when Issuance is impracticable due to time or resource constraints).

(2) Permits continued under this section remain fully effective and enforceable.

(3) Enforcement. When the permittee is not in compliance with the conditions ef tbe expiring or expired permit the Department may choose te do any or all ef tbe following:

a. Initiate enforcement action based upon tbe permit which has been continued)

b. Issue a notice ef intent to eery the new permit under Section i . l ef the KJPDES Regulations. If tbe permit is denied, tbe owner or operator would then be required to cease tbe activities authorised by the continued permit or be subject to enforcement action for operating without a permiti

c. Issue a mew permit under Subchapters 7 and • ef tbe KJPDES Regulations with appropriate conditions; or

d. Take other actions authorized by the KJPDES Regulations or tbe Stste Act.

S. Duty te Halt or Reduce Activity

A. It shall mot be a defense for a permittee In an enforcement action that it would have been necessary to halt or reduce tbe permitted activity in order to maintain compliance with tbe conditions of this permit.

E. Opon reduction, lets, er failure ef tbe treatment facility, the permittee shall, to tbe extent necessary to maintain compliance with its permit, control production er discharges er both until tbe facility is restored te its permitted limits er an alternative method ef treatment is provided. This requirement applies, for example, when tbe primary source ef power ef tbe treatment facility falla er la reduced er lost.

4. Duty to Kltloate

Tbe permittee shall take all reasonable atepa to minimise er correct any adverse impact en the environment resulting from noncompliance with this permit, including but net limited to accelerated and/or additional types of monitoring, temporary repairs or other mitigating measures.

*. Proper Operation, maintenance and Licensing

A. The permittee shall at mil tites maintain in good working order and operate as efficiently as possible all treatment works, facilities, and systems ef treatment and control (and related appurtenances) for collection and treatment which are installed er used by tbe permittee for

CIB 009 1044

Part 1 Page 9 ef K

«.t« eo'lutior. control and abatement to achieve compliance with the ttru end conditions ef tht •.rrnitProper operation end maintenance includes but it tot limited to effective performance hllefi "on designed facility removals, adequate funding, effective management, adequate operator •taffinc and training and adequate laboratory and proceat control* including appropriate quality assurance procedure, as described in 40 CFR Part 136 and applicable State Lav and regulations. I l l permittees who operate a treatment works, except for sanitary ler.dfille and land application

' ef sludge or septage, must satisfy tbe licensing requirements ef the "Licensing ef Operators of wastewater and Water Systems" K.J.S.A. M;ll-«4 et sea- or other applicable law. this paragraph reouires tht eperatiot. ef back-up er auxiliary facilities or similar systems when necessary to achieve compliance with the eonditiena ef the permit er where required by applicable law or regulation.

m u n i t i e s "r ™- orator Certification. The operation of any treatment works shall be B* Soir the supervision of an operator on tbe first day ef operation of the treatment works and

continually thereafter in accordance with paragraph 5.A above. Tbe operator shall meet the retirements of the Department of Environmental Protection of tbe State of New Jersey pursuant tithe provisions ef K.J.S.A. Sfc:ll-«4 et sec., and amendments thereto. Tbe name of tbe proposed operator shall be submitted to this Department in order that his qualifications may me determined prior te militating operation ef the proposed treatment works.

Permit Actions

A This permit may be modified, suspended, revoked and reissued, or terminated for cause. The filing of a request by tbe permittee for a permit modification, revocation and reissuance, or termination, er a notification of planned changes or anticipated noncompliance, doea not stay any permit condition.

B. Causes for modification, revocation and relasuance, and suspension are aet forth in K.J.A.C.

7J14A-2.1I et sec,.

C. Tbe following are causes for terminating or modifying a permit during its Urm, er for denying a

permit renewal application:

(15 noncompliance by the permittee with any condition ef the permit)

(2) Failure to pay appli«ble fee. (N.J.A.C. 7:14A-1.S), including the annuel .

which has been assessed by tbe New Jersey Department of Environmental Protection (KJDEP,

hereinafter referred tc as the Department))

. (3) The permittee's failure in the application er during the permit issuance process of a KatJnal Pollutant Discharge Elimination System (KFDES), Discharge Allocation Certficat. (DAC), KJPDES, Treatment Kork. Approval (WA) or Construct and Operate permit^to dlscios. fully all relevant facts, or the permittee's misrepresentation ef any permit condition)

(4) A determination that the permitted activity endanger, human health or can only be regulated to acceptable levels by permit modification or termination)

(5) Khen there is a change in any condition that require, either a t-.por.ry or a reduction or elimination of any di.ch.rg. controlled by the permit (for closure or termination ef discharge by connection to a Domestic Treatment Works BTOU)

(6) The nonconformance ef tbe discharge with any applicable facility, basin or areawide plana)

GIB ®«9 1045

Part X Page 4 o

(8)

If such perrlt it inconsistent with try duly promulgated affluent limitation, permit, regulation, statute, or other applicable state or federal lew) or

If a texic effluent standard or prohibition is established pursuant te Mev Jersey Hater Pollution Control Act N.J.S.A. M:10A-1 et 503. or tbe regulations adopted pursuant to i t , f©* a toxic pollutant which is present in the discharge, and such is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified it accordance with the toxic effluent standard or prohibition and tbe permittee so notified el the revision or modification and date of required compliance.

Prap#rtv Rlc»*«f Liability, and Other Lavs

A. This permit does not convey and property rights of any aort or any exclualve privileges.

m nothing in this permit shall be deemed to preclude the institution ef any legal action nor relieve tbe permittee fro* any responsibilities or penalties to which the permittee is er may be subject tc under any federal, state or local lav er regulation.

C Nothing it this permit shall be construed to exempt tbe permittee from complying with tbe rules, regulations, policies, and/or lavs lodged in any agency or subdivision In this State having legal jurisdiction.

Dutv to Provide Information

A The permittee shaJl furnish to the Director, Division ef Hater Resources, NJDEP, (hereinafter referred to as the Director).within a reasonable time, any information which tbe Director may request to determine whether cause exists for modifying, suspending, revoking and reiasulng, or terminating this permit, or to determine compliance with this permit. The permittee shall also furnish to the Director, upon request, copies of records required to be kept by this permit.

B Khere the permittee becomes aware that be baa failed to submit any relevant facta in a permit application, or has submitted incorrect information in s permit application or In any report te tbe Director, the permittee ahall promptly submit such facts or information.

Inspection and Entry

A. The permittee ahall allow the Regional Administrator ef the United States Environmental Protection Agency (CSEPA), tbe Department, er any authorised representative Is), upon the presentation ef credentials and other documents as may be required by law, to:

Enter upon the permittee'a premises where a discharge aouree la er might be located er in wblch monitoring equipment er records required by a permit are kept, for purposes el inspection, sampling, copying or photographing. Photography shall be allowed only as related to the discharge:

(1)

(2)

(1)

Have access to and copy, at reasonable times, any records that must be kept under tbe

conditions of this permit)

inspect, at reasonable times, any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under thla permit) and

(4) Sample er monitor, at reasonable times, for tbe purpose ef assuring permit o r " otherwise authorised by tbe State Act, any substances or parameters at any location. TBII ahall include, but not be limited to, the drilling or Installation of monitoring wells tea

CIB 009 1046

Part I Page 5 ef 16

ttat purpose ef obtaining samples el ground water, aoil arc vegetation and measuring ground water elevetione.

. tov refusal by tbe permittee, facility lend owner(s), facility lesseels), tbelr agents, or any ether person(s) with legal authority, to allev entry to the authorised representatlvea ef the

• fcJDEP and/or USEPA shall censtitutt grounds for suspension, revocation and/or ternlnatlon of this permit.

r ftv acceptance of this permit, the permittee hereby agrees, consents and authorises tbe representatives of the NJDEF and/or USEPA to present a copy ef this permit to any municipal or state police officer having Jurisdiction over tbe premises occupied by the permittee in order to

' nave said officer effectuate compliance with tbe right of entry, should the permittee at any time refuse to allow entry to said inspectors.

r> Bv acceptance of this permit, tbe permittee waives all rights to prevent inspections by authorised representatives of the NJDEP and/or CSEPA to determine the extent ef compliance with any and all conditions of this permit and agrees not to, in any manner, seek to charge said representatives with tbe civil or criminal act ef trespass when they enter tbe premises occupied by the permittee in accordance with the provisions ef this authorisation as set forth hereinabove.

ground Keter Monitoring Wells

The permittee shall install and maintain ground water monitoring wells if required by this permit at locations and according tc specifications provided by the Department. All permit required monitoring Jam shall be Installed within 30 day. of the Effective Date of the Permit. Th,» ~»*torln« shall provide turbldlty-fre. water at a minimum rate of two gallona per minute er what tbe formation will yield with a properly Installed and developed ground water monitoring well.

When a monitoring well cannot be used for the purpose of sample Election or measurements, tbe permittee shall replace the well at bis own expense within 30 days of the missed aanpTing and/or measurement date. Said unuseable well, shall be seeled, also at tbe permittee sewn expense, in accordance with Department well ...ling specification, within the same 30 * ' I " " * wScb' the well 1. replaced. Monitoring well, as required in this permit shall be considered as a monitoring device, which are required to be maintained under the provialona of tbe New Jersey Mater Pollution Control Act K.J.S.A. S8:10A-10(f).

All monitoring wells must be installed by a New Jersey licensed wl l jra l tar . The elevation t* the nearest hundredth ef a foot ef the top ef each well casing ahall be established by illNe**r~y licensed land surveyor within 3C day. of the installation ef the .on iter log wells, the J * ™ " -established .hall be In relation to the >*w J.r..y geodetic control datum. - * f ? 7 ^ " * _ ^ wells and .11 point -aource dlscharg.. to ground w.t.r .tall be located by J ^ M a u l control (latitude and longitude) wing third order work, das. » .neciflcatlon and by *.rtlca (elevation) using third order work. Within 30 day. of the in.t.ll.tlon cat. of the monitorj,.ll,JU-permlttee .hall submit to the Department completed -Ground Water Monitoring fcell C « r t " l " " ~ Form, A and B for each well required to be .-pled by the permit. WUin 60 days of the Date of the Permit, the permittee .hall submit to the Department a plot plan the location of all discharges and the ground water monitoring well locations. The scale ef the piox plan ahall be at least one Inch equals fifty (50) feet.

Each ground water monitoring well casing ahall have permanently affiled to it ^ Mb.r u be assigned by tbe Department, elevation ef the top ef U . well cesing, 0 <

top ef the well casing above tbe ground level and latitude and longitude of tbe s*nltorlng wen.

C I B 009 1047

Part Z Page 6 of

Maturing and Records

*. Samples and ....ur.-a.rt., taken for the purpose of .onltorlng shall be representative of tbe

aenltcred activity.

Use State Act provides that any person who falsifies, tampers with, or knowingly resdera inaccurate any monitoring device or method required to be MlnUlned under this permit shall, upon conviction, be punished by a fine of no more than $10,000 per violation, er by imprisonment for not more than « months per violation, or by both. This is specifically Intended to Include, but not be limited to, ground water monitoring wella and lyaimeters.

C ' Tbe applicant shall perform all analyse, ir accordance with tbe analytical test procedures approved under 40 CFR Part 1J6. Hhere no approved test procedure is available, the applicant nst indicate a aultarle analytical procedure and must provide the Department with literature references or a detailed description ef tbe procedure. Tbe Department must approve the test procedure before it Is used. The laboratory performing the analyses for compliance with tbla permit must be approved and/or certified by tbe Department for tbe analysis of those specific paraaetere. Information concerning laboratory approval and/or certification may be obtained from:

New Jersey Department of Environmental Protection Office ef Duality Assurance CK 409 Trenton, Hew Jersey 08625 (609) 292-2950

t The permittee shall retain records of all monitoring Information, Including all calibration and ' maintenance records and all original atrip chart recordings for continuous monitoring

instrumentation, copies of all reports required by this permit, and records of all data uaed te .complete the application for this permit, for a period o£ at least 5 years from the date of tbe sample, measurement, report er application. This period My be extended by request ef the Department at any time.

£. Records of monitoring information shall Include:

(1) Tbe date, exact place, and time of sampling or measurements;

(2) Tbe individual(s) who performed tbe sampling or measurements}

(S) Tbe date(s) analyses were performed}

(4) The individual(s) who performed the anelyeesj

(5) Tbe analytical techniques or methods used; and

(C) The results ef such analyses.

P. Monitoring results shall be reported en a Discharge Monitoring Report (DKR) and/or on the Department's Monitoring Report For. (MRP); or, where these forms do not .pply, 1« another format approved by tbe Department.

CIB 009 1048

Pert X Page 7 ef 16

C.

H.

„ P l t B r f any pcllutant eoic frequently than required by tbe permit, tbe results l \ S . ^ l i ? i - T i . » be mcludee in the cslcul.tlon end reporting ef the data submitted In t n c OKR, MRP, er ether eprroved format.

r-i«n.tlons fer ell limitations which require averaging ef measurements ahall utilize an S l W i c wear unless otherwise apeclfied by the Department in the permit. .

J # W4«charoe mftritcrino Reports

, M «„it« shall be summarized and reported on tbe appropriate Monitoring Report W T ^ ^ L ^ ! ^ * * * * * , P«led. Signed ceple. ef these, and .11 ether

reports required herein, shall be aub.itt.d to tbe following .ddreass

Hater Quality Management • Division ef Hater Resources CM 029 Trenton, Hew Jersey 08625 ATTN: Monitoring Reports

If . cortract laboratory is utilised, the permittee shall submit tbe name and address ef the laboratory and the parameter, analyzed at th« time it submit, i t . menltoring. report. «ee Sectionlil.E. above). Any change in the contract laboratory being used er the panneters analyzed shall be reported prior to or together with the .onltorlng report covering the period during which the change was .ade.

m-fee-me Reports. Monitoring results .ball be ported at the interval, and atarting date

specified elsewhere in this permit..

(2)

P. r w i i a r c Schedules. Report, of compliance or noncompliance with, or W ™ ' ? ^ ^ interim snd final requirement, contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date.

Signatory Reculrement

A mature Requirement.. All permit application,, except those submitted for Class II - l i s for a U1C discharge (see paragraph B) .hall be signed as follows:

(1) Per a corporation, by a principal executive officer of at least tbe level ef wlce

president;

' (2) For a partnership or sole proprietorship, by a genoral partner er the proprietor,

respectively^or

(3, for a municipality, state, federal or ether public agency, by either a principal executive

officer or ranking elected official.

t). Penorts All reports required by permits, ether information requested by tbe Department and all S r S r a p p l l c . ^ f i Class 11 well, under N.J.A.C. 7.1U-5.8 ahall be signed*,r . £ £ ie^ibed i . paragraph A of this section or by a duly authorised representative only if:

(XI The authorisation la .ade In writing by a person described in paragraph A of this .action,

C I B « W 1 ° 4 9

Fart I Fag* • of 1<

• h«r««.ti er .oeclfles either an Individual et a position having responsibility for l 2 ) ! T ^ ? W M T ^ T « * 1 * V « facility or activity. «ch a. a po.itlon of plant

responsibility? ar.d

(3) The written authorisation i . submitted to the Department.

». authorixatlon. If an authori.atiot under paragraph B of thi. aectlon la no longer C l l ^ £ £ x \ r l \ £ r t * » l or po.itlon ha. responsibility for the derail operat on

r t " . f a c U i Z • ~^.uthoA»tion aati.fyln, the r e q u i r e s of paragraph B of tbi.^section . l i r b l x i i te the Department prior to or together with any report.. Inforaation. or

application, tc be .igned by an authorlxed representative.

iv , a r 7.1U.: tiai). Any person signing any document under paragraph A or B >• ,rti"n.tlon < ^ * ' J ' U * J ' { \ l e L t B 8 ^ f i c a t l o n , "X certify under pwalty of lav that X

c, thi. sootier- s h a l l j j t o i E m i t t e d 1. this document and .11 u v . p e r s o n a l l y . ^ ^ ^ ^ ^ l ^ r i ^ individual, immediately responsible for attachment and that. based - * ^ J * ^ ^ l B £ e r , t t l o n u true, accur.te. and compleU. 7 T ^ Z £ S ^ & ! ^ penaltle. for submitting false infor-tlon. including the possibility ef fine and imprisonment."

by imprisonment for not more than 6 months or by both.

1 J # -rat ine g.a*<j»« Violations

_ „ _ _ l t t - # ahall cive reasonable advance notice to the Department

mitt permit requirement*.

I t . Penortlnq Moncortllance

a •** -rmitte. shall report any noncompliance which may endanger be.lth or the environment. The *' oJpartment with the following information:

(1) A description of tbe dischargej

(2) Steps being taken to determine the cause of noncompliance!

(1) Steps being taken to reduce and eliminate the noncomplylng disebargei

U) TU period of nonce^liance, including e»c t date, and times. » t h e j ^ U a n c e ha. mot been Corrected, the anticipated time when the discharge will return to compliance,

C I B ©09 105®

Part I Page 9 ef 16

ii) The cause ef the nencoBipliar.ee} and

U) Stop' being taker, to reduce, eliminate, are prevent ^occurence of the neocomplying

discharge.

««*t . . srall oralK provide the lnformaticr. in paragraphs A.C1) through (3) to tbe MP £ l £ T (VoV, « t L » 2 tour, from the time the permittee become, aware of the circumstances.

™ittee .her ©rally provide the information in paragraphs A. (4) through (5) to tbe MP J ^ r w i t h i n 24 hour, of the time the permittee becomes ever, of the circumstances.

'a written submission shall also be provided within S days ef tbe time the permittee becomes e { ^circumstances. The written submission shall contain the information in A. CI)

through (•)•

mh., itoncempliarce. The permittee shall report all Instances ef noncompliance not reported

TZUxSll. £ report, shall contain the information require in tbe written submission listed

in paragraph 14.C.

The fellowing.ah.il be reported to the Department if accordance with paragraphs 14.A through D«

MI ir the case of any discbaroe subject to ary applicable toslc pollutant ef fluent standard . under 8 e ^ « 3 G 7 C ) of the Federal Act or under Section . ef tbe Stat. Act the * * * * * * * C i r t l t y paragraph. 14.A(1) througt U) regarding a violation of such standard shall be orevided to the Department within 2 hour, from the time the permittee become, aware of the r irc^tarc . lb! information required by paragraph, 14.A(4) tbroughC6) » > £ wadeTu the Department within 24 boura from the tine the permittee become, aware of the I r c l , \ a n « . . 'where the information i . provided orally, * ^ ~ ^ < Z 2 Z these point, mu.t be provided within five working day. ef tbe tin* the permittee becomes aware of the circumstances covered by this paragraph.

i« the case of ether discharges which could constitute a threat to human health, tie . " " ^ r i o c l u d i n / b u t not limited to. - ^ e ^ . 1 r l , ^ : X C l

a f »he federal Act, under Section 6 of the State Act, under tne apxi*

STpe aior Sd C O ^ T A * " . » * > ™ * « * ' J f S . 1 ^ Ac t " K J S A . 5BH2A-1 et sec., the information required by paragraph 14.AC1)

toTh.-Spart«nt within 2 hour, from the tim*. the; p e £ t t . e becomes aware of the circumstances. Tbe information required by paragraph. 14.M4) through w l h a l ! be provided to the Department within 24 hour, from the time the P*™ 1"" J * * * " war. of £ Pcircu».tanc... Where the infection i . provided o r a l l y , - »

covering these point, must be provided within five working day. of tbe time tbe permittee becomes aware of the circumstances covered by this paragraph.

The information required in paragraph. 14.A(1) through (1) .ballbe provided to tbe Department within 2 hour, where a diacharge described under paragraphs " lccauTup.tre« of a potable water intake or well field. The inform.^ * pTagraph? 14.A.4) through (6) ahall be provided to the Department within 24 hour.. H S i . information i . provided orally, a written aubrissien covering provided within five daya ef the time tbe permittee becomes aware of the diacharge.

toy bypass which violates any « t v m t limitation. P e r m i t * 2, hour. unless paragraphs 14.P11) through (J) are applicable. (See Section IS.)

C I B 009 1051

(2)

(3)

(4)

Pert I Page 10 ef 1<

« .nv af the pollutants listed by tbe

is. KESii

A.

1 _ M _ i t t . . M y .ilev any bypesi to occur which does not rrr * «wcaed«"« "Nation.. ^ J ? ™ ^ , ^ . l t U s l K for essential «lnt«nance to

V d C. of this section.

P. Moticf

( 1 ) »-»<>-<p«tea Bvpess. aubnit prior notice,

- f r . t t t . .hall sub.it notice of an unanticipated bypass l 3 ) ^nt^rlpated Bypass. The permittee

require* In paragraph U . r . H J .

c . fwrniMtler. of Bypass

7^r^~«-. „ . « — - - — — — * for byposs unless:

. . . . . — - — - - " " " " " ' dasage;

b.

I* the use ef auxiliary

the Department determines that lt wiix v.;?: ••' c. (1) of this sectien.

mm-

"fife' action for noncompliance, the lac* oi wuw ***5$;*to judicial nview.

tiiahes to establish the

r" ^lT»«tive defense ef upset shall oe.oo»i. fe^55?^^a fe« or ether relevant evidence that.

C I B v)v59 1®52

Pan I Page 11 ef

U> A: upset occurred sad that the permittee c« Identify the sp«:ific cause(s) ef the upset,

(2) The permitted facility var et the time being properly operated;

(3) The permittee submitted notice of the upset as required in paragraph 14.F.C5); and

(4) The permittee complied vitt any remedial measures required under Section 4 above.

C. Burden of Proof. In any enforcement proceeding tbe permittee seeking to establish the occurrence of an upset has the burden ef proof.

ftnercencv Plan (DSK and DOW nert.lts only)

A. The permittee shall develop, submit, and Implement an Emergency Plan report prepaid in accordance with W.J.A.C 7:14A-3.12 (b) unless exempted pursuant to K.J.A.C. 7tl4A-3.12le). If not previously submitted to and approved by RJDES, tbe Emergency Plan lor a request for exemption) must be sutnitted within six (6) month, of the effective date of the permit unless otherwise required by K.J.A.C. 7:14A-S.12Ia).

B. Liability

(1) Sub«i,.ion of an Emergency Pier, pursuant to this section shall not exempt a P«™"t.ee l u J "ty for violation, arising fro* an emergency situation. A permittee shall take .11 necessary actions to mitigate the dam.,, to the water, of the St.t. arising from ^ emergency .itu.tion. Such actions stall not be limited by the emergency operating plan an* tbe manual of procedures.

(2) Exemption from development of an Emergency Plan under this s«rtion do.. £ nermittet from liability for violations arising from an emergency altuatlon. Such P.™!". . s m i take all necessary action, to mitigate the damage to the water, of the State arising from an .rn.rg.ncy .ltuation.

C. Violations

failure to submit an emergency pier, in compliance with paragraph A. ef this section and failure to implement the emergency plan . r i l l each con.tltute a violation of thi. permit.

Residual* Management

» r « n « t . d « i t ard screenings, acurn., .and bed sands, slurries, and sludges, and all other **• ^1 r / r o T t h e trea" r ahall be disposed of In such a meaner a*

Taterlal. from entering the ground and/or surface water, of the state except la a K ! 4 E S permit. - If for any rea.on .uch material, are placed in the water or on ^ « d a where they .ay cause pollutanta to enter the ground and/or .urf.ee water, of tbe State, tbe Informttl" sb.U be reported to the Divl.ion of Water Resource. Emfor«ment Element together with tb« monitoring data required in Part I , Section 11.1.t

(1) Dates of occurrence;

12) A description of the noncomplying discharge (nature and volume)i

(3) Cause ef noncompliance;

(4) Steps taken to reduce and elUinate tbe noncomplying dlmcharge, and

C I B 009 I 0 5 3

Part I Page i : of 1

(5) Steps taken tc prevent recurrence of the condition of noncompliance.

* K . Permittee shall net be permitted to store sludge on-site beyond Che capeclty of tbe T™c?u7.1 tT.at.ent and storage component, of tbe t m u r t feciUty. Kcr snail the permittee ! ! ^tted tostore sludge on-site in any manner which is not in accordance with Solid Haste

Division of Hater Resources tnforcement Il—nt within twenty-four (24) hours.

*>• oermlttee shall comply »lth the Sludge Duality Assurance Regulations (H.J..A.C. 7:14-4.1 g Z . U «h.7. tal l tr ihfor^tion 1. required by the,. quality of the final aludg. product of which the permittee must dispose.

The oermittee shall dispose of sludge fro. thi. facility in compliance with the Hew Jersey Solid la ^ 1 , ^ » : l V l et MO., t leb. require. * ^ S T Tn

baiardous waste.

<•... .h.n at all tlmas have on file with the Department proof of proper disposal at a

•ethod ef sludge disposal.

Vher. such Permitted sludge disposal ^ ^ ^ J Z ^ ^ ^ ^ ^

T ' ^ ^ J S X Z o T p ^ ^ of d i^ .,u » J ! 2 s o t t e d to the bure.u of Permit. Admini.tration in duplicate to:

Chief Bureau of Permits Administration CN-02S Trenton, K.J. 08625 ATTN: Sludge Disposal Site Proof

for operation .ft.r Kerch 6, 1982, item 12) below stall spplpi

(1) By ! . . » . » « of thi. permit th. tep.rU.nt hereby give. ^ J ^ ^ ^ ^ u ^ permittee 1. bound by th. Hew Jersey no way regarding proper sludge di.po..l (Section information . . ! « . . requiremenu under thi. action of th. » » regarding termination of LndfiU «1*POM1 of sludge by Kerch 15. 1«5.

C I B 009 1054

Part I Page 13 ef K

C. t b f permittee ahall comply with the Rules and Regulations for the Statewide management ef Septage Disposal (K.J.A.C. 7:14-5.1 et sec,.).

K. The permittee shall conform with the requirements under:

- (1) Section 405 of the Federal Act governing the disposal of sewage aludge from publicly owned treatment worxs and with Sections 4 and 6 of the State Act.

12) To tbe extent practicable, the -Guidelines for the Utilisation and Disposal of Municipal and industrial Sludges and Septage"» and

t

piicharqe Permitted

nerrltte. sha^. discharge to surface waters, land er ground waters of the State, directly or rdir«Ti"«ly .Valorised herein and consistent with the t.«r and condition, of thi, permit.

Operation Restriction,

«^ ™ . t i O D ef a w.,te treatment or disposal facility ahall at no time create: (1) a direct The • ! " e * c f tta State, except as authorised by HJDEF, (2) • peral.tent sU»dln, or 2 X t J : P-rmltte*., Property «~Pt » .P"l««lly "tborixed b, , Sifpermit or ( 3 ^ ' .tiding or ponded condition for water or waste on adjacent properties unless there activities are epeclflcally Included withlr the permit.

21 Pi: and Kasardous Sufr'tarce Liability

facilities with NPDES permits.

22. Reonener Clause for Toxic Effluent timltrtloo.

.* narait if ary applicable toxic effluent standards, Motwithstanding any other condition of " ,p. c l f i td in aucb effluent standard

permit (or control, t pollutant not limited in tbe permit), this permit ahall be promp fevoxed and reissued te conform to that effluent standard, limitation or prohibition.

23. Availability of Information

A. RJFD* P - i t . , effluent data, and ' « ™ i ^ ™ ^ tbe Regional Admini.tr.tor or Director (including Information submitted on tne sor-

CIB 009 1055

Part 1 Page 14 o£

ft.

C.

B.

- .... th* form*) atall be available for . .—a te suppl- intonation required by the «•»»".

a„c ary attachments u r i to supr putlic inaction * the cfftca, ^ t e ^

^«t ie , te th. information a.t forth l« paragraph A.. anr e » w „ d t . y a l l . b l e It addition te th. » " - C C 0 . 0 8 B C , with th. conditions ef this P"** u M S . r t t a t t w a / o r * • ^ ^ - ^ ^ w l t i , . e U U of business ^ J ^ ^ " Infection) t e u . rub " ^ ^ ' ^ c e r e a n c . with th. procurer in J O CP* Part* I th. tin. of submission in new ^ C o r . c e r n l n g th* *** " and/or Subchapter »* of w»

Ki.in.tion System." .numerated in paragraph

ludicia' review, fltal ^wcy • e t i 0 B 0 0 " c 7ti4A-S.9 . t fee.. *»T *****

S E ? S .vs.- -—-~ ag.ncy resedle*.

i 1

*• fl••r-,^"^ " f P*" 1 1

t i c > t 0 Department. The

r.i*su»nc is mandatory).

_v ir\ ef this aeetlon, » p.">*»-

™.™.tive to uansf.rs under paragraph IB) ox t l c a l l y

T r a n s f e r * * » / " " ^ " .".11 * M U ' ^ HJPOES permit, .eseept • MC permit tr»*f.rr*d to a ww permittee « . ^

t permittee notiflad th. Dwpart«»t in writing b, cer t i f l - mil (J) Th. current permittee now.*

transfer as follows:

C.

V-V* #

trenafer as t o n — oliCbarge,

charact.ri*tles ""V*" t r A R.fer date: least 90 daya prior to a propo.*d trans

^ n » " W a»d address of current facility, *~ «ty •

•«'UI »»»• and addre.. of new ownarsi C I B 009 1056

Part I Page IS of 16

b.

(3)

13) KJPCSS perait numrer,

(O Kames of the new principal persons responsible,

(S) Kanes of person upor. whcr legal process can b* served, ana .

A notarised statement signed by the ne* principal officer stating that be has read the KJPDES permit and agrees to abide by a l l the conditions of the permit •ad that the production levels, products produced, rates of discharge, and wastewater characteristics will remain unchanged.

Ubere there will be a change lr production levels, products produced, rates of discharge, or wastewater characteristics, tbe information required in paragraph «.Cl l ) (a)abov. .hall be submitted at lea.t 180 days prior to a proposed transfer date.

T H . eurrer* permittee shall include in the notice of proposed transfer a written agreement tetwHn the l i s t i n g and new permittee which include, a s t i f l e date for transfer of nermn responsibility, coverage, and liability between tbe parties. It the ease ef a UlC

th? notice ah.ll demonstrate that the financial responsibility requirement, of Section S.10(a)7. ef the KJPDES Segulatlens will be met by tbe new permittee,

The Department doe. net notify the existing permittee and the proposed new Permittee, ^iVtrlrtv (30) days of receipt ef notice ef proposed transfer, of an Intent to modify, _

i r r ^ e and Jei.su. the permit or, for a discharge to surface water (DS«), r e t i r e I DAc! A modification under this paragraph may also be a miner -"""cation under Sect on \ TA of the KJPDES Peculations. If such notice is not received, the tran.f.r Is effective e B tta daU lpecifi.d7n th. agreement mentioned in paragraph « . C ( . ) of this section, end

»*, wherever the regulated discharge has ceased prior to the proposed permit transfer, any M ) Z ¥ l Irce^cbed*, shall not t . automatically reinstated but shall be s ^ e c t to revision

T e r e t e withdrawal i f circumstance, leading to i t . imposition have changed.

M. Severability

37. stay of Conditions. K.J.A.C. 7;14-8.10

» request for an adjudicatory hearing ahall not automatically result in a atay of th. condition, of

thi . permit.

38. Definitions

A. Onl . . . otherwis. .tat.d, .11 Una. shall b. a. d.fin.d In the-Angulation. Concerning tbe Hew Jersey Pollutant Dl.charge Elimination System", K.J.A.C. 7.14A-1 et seg.

(1) -Aliquot- mean, a sampl. of specified volume used to m*K. up a f t . ) composite sample.

(3) -types." mean, the intentional diversion of wastes fro. any portion ef a treatment

facility.

4§aW. 0 0 9 1057

Fart 1 Page 16 c

•w-neslte" MtJif • comMnatlon of individual <or continuously taken) samples (allquota) ef (I) ^""P* 1 0 0 .ixnilttr*, collected et periodic intervals over the entire discbarge day.

T L composite must be llo* preportlonalj either tbe tir* lntervel between each ellguet er the volume ef eech aliquot must be proportional to either the stream flow et tbe tie* ef Leveling er tbe total atreer flow since the collection of tbe previous eliquot. Aliquot« *** fcf e 6i i tcted manually or automatically. For a continuous discharge, a minimum of 34

(at hourly intervals) shall be collected end combined to constitute a 34-bour for intermittent discharges ef more then 4 hours duration, aliquots •llguots

composite sample. shall be taken at a minimum of 30-minute Intervals. For intermittent discharges of less than 4 hours duration, aliquots shall be taken at a minimum ef 15-minute Intervals.

(4) •EOF" means Effective Date of Permit.

IS) "Crab" means an individual sample of at least 100 milliliters collected over a period not exceeding 15 minutes.

(6) "Monthly" means one day each month (the (e.g., the 2nd Tuesday ef each month).

same day each month) and a normal operating day

C7) "Multiple Grab Composite" - means a combination of individual samples (aliquots) collected at a specified frequency over a specified time period. Each aliquot must be collected in a glass vial with septum cap, filled to the top leaving no air bubbles, and iced until delivered for analysis. Each aliquot shall be analysed individually. Tbe recorded value mill be flow proportioned average of the Individual analyses for the specific Use .period.

It) "Upset" means an exceptional incident in which there la unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of tbe permittee. Ar upset does net lnelude iwiwompilance to tbe extent caused by operational error, improperly designed treatment facilities. Inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.

19) "Weekly" meats every seventh day (the same day each week) and a normal operating day.

Annual Permit Fee, K.J.A.C. 7il4A-l.B

Toe permittee ahall pay the annual KJPDES permit fee which has been assessed by the Department.

CIB 009 1058

Part IX - B/< Page 1 ef 1

ADDITIONAL GENERAL CONDITIONS FOR HJPDES/DSW REMITS FROM INDOSTRIAL/COMMERC XAL AND/OR THERMAL DISCHARGES

X Tbe following additional conditions applicable te specified categories ef DSN peraits in accordance with K.J.A.C. 7:14A-3.U, lr addition to those set forth In M.J.A.C. 7:14A-2.5, 3.10 and 3.12, hereby apply to all DSW permits within the categories specified below:

» Existing aarufacturlnc. commercial, tdnlnq, and sllvlcultural dischargers and research facilities. Xa addition to tbe reporting requirements under Section 3.5(a)12 and Section 3.10 of K.J.A.C. 7:14A-1 et meg,, all existing manufacturing, commercial, mining, and sllvlcultural dischargers and research facilities must notify the Department as soon as they know or have reason to believe:

x. That any activity has occurred or will occur which would result in the discharge of any toxic pollutant which is not limited in the permit, if that discbarge will exceed tbe highest of tbe following "notification levels."

(1) One hundred micrograms per liter (100 ug/1);

(3) Two hundred micrograms per liter (200 ug/1) for acrolein and aeryloeltrlle; five hundred micrograms per liter (500 ug/1) for 2,4-dinltropbenol and for 2-methyl-4, 6-dinitropbenol; and ore milligram per liter (1 mg/1) for antimony;

(3) Five (5) times the maximum concentration value reported for the pollutant In the permit application in accordance with N.J.A.C. 7:14A-10.3(e)9. or 10.3(a)12; or

(4) Tbe level established by the Department la accordance with K.J.A.C. 7:14A-3.13(a)6.

S, That they (except for research facilities) have begun or expect te begin te use or manufacture as as intermediate or final product or byproduct any toxic pollutant which was not reported in the permit application under K.J.A.C. 7:14A-3.2 and 10.3 (a) 11.

. If tbe permittee is required by this permit to monitor for Oil and Grease and/or Petroleum Hydrocarbons, samples ahall be collected and analysed in accordance with tbe Oil and Grease Effluent Limitations, R.J.A.C 7tl4A-14.1 et meg.

• efeatlMlop of Wopltorlpq Reports

mseitorlag results for-each reporting period ahall be summarised and reported en the appropriate loalterlmg Report Forms and ahall be submitted postmarked no later than tbe 25th day of tbe month

, . following the completed reporting period.

LIMITATIONS AND MONITORING REQUIREMENTS

SuriiwTthe period beginning EDP and lasting through EDP + 5 years the permittee i s authorized to Slscharge from outfall(s) serial number(s):002. There shall be no discharge of floating solids or risible foam in other than trace amounts. Samples taken in compliance with the specified monitoring requirements shall be taken at the following location(s): *at the outfall of DSN 002 (Noncontact doling Mater and Storm Runoff)| and shall be reported monthly.

SFPLUENT CHARACTERISTIC DISCHARGE LIMITATIONS ' MONITORING REQUIREMENTS Minimum Average Maximum Frequency Sample type

.'low (mgd) N/A N/A N/A Continuous

remperature ( C) N/A N/A 30 Continuous

ATemperature (©C) - Winter * N/A N/A 16.7 Weekly Grab

ATemperature l°C) - Summer * N/A N/A 11.1 Weekly Grab

Total Suspended Solids (mg/1) N/A N/A No Net Change Weekly Composite

Oil 4> Grease (mg/1) N/A 10 15 Biweekly Grab

pH (Standard Units) ** 4.0 N/A 9.0 Weekly Grab

Chemical Oxygen Demand (mg/1) N/A N/A No Net Change Weekly Composite

Total Organic Carbon (mg/1) N/A N/A No Net Change Weekly Composite

Aluminum (mg/1) N/A N/A No Net Change Weekly .Composite

Chromium (mg/1) N/A N/A No Net Change Weekly Composite

Copper (mg/1) N/A N/A No Net Change Weekly Composite

Priority Pollutants N/A N/A * N/A Twice Yearly

(except asbestos) * Winter i s October through May, Summer is June through.September. •* I t will^sot be a violation i f the effluent pH is b^pw 4.0, provided that the effluent pH doe^

not vavJProm the intake pH by more than 0.5 stan<^p! units.

Part I I I - B/C Page 2 of 7 Permit Mo. HJ0004120

, B EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

Iring the period beginning - J - ^ t i n , g r o u ^ i L ^ i n r s o H d r o r iacharge from outfall(s) serial number(s)s°03. There snaix J . {J n specified monitoring

SEiss ^T&rs&^rsi:; is?sy.1".rsi1ss.iit.« DSN .., ,™-* lant Effluent)? and shall be reported monthly. FFLUENT CHARACTERISTIC

Minimum

N/A low (mgd)

H (Standard Units)

i l l a Grease (mg/1)

tOD5 Percent Reduction

«ad (kg/d)

line (kg/d)

lercury (kg/d)

:hlorinated Hydrocarbons(kg/d) N/A

litrobenzene (kg/d) N/A

toluene 1kg/d) "/A

Z-Chlorophenol (kg/d) N/A

Bis (2-Chloroethoxy) Methane (kg/d)N/A

Chlorobenzene (kg/d) N/A

6.0

N/A

N/A

N/A

N/A

N/A

DISCHARGE LIMITATIONS Average Maximum

N/A

N/A

10

85

1.4

13.2

0.23

1.5

4.4

2.80

0.83

1.57

N/A

N/A

9.0

15

N/A

3.1

23.3

0.27

4.6

25.3

6.57

2.19

6.13

1.46

MONITORING REQUIREMENTS Frequency Sample type

Continuous

Continuous

Monthly

2/Week

2/Week

2/Week

2/Week

2/Week

2/Week

2/Week

2/Week

2/Week

Monthly

Grab

Calculated

Composite

Composite

Composite

Composite

Composite • -

Grab

Composite

Composite

Grab

CP Part I I I - B/C Page 3 of 7 Permit Mo. NJ0004120

EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS(Continued)

Ing the period beginning EDP and lasting through EDP + 5 years the permittee is authorized to charge from outfall(s) serial number(s):003

E.UENT CHARACTERISTIC *

tene (kg/d)

-Dichlorobenzene (kg/d)

-Dichlorobenzene (kg/d)

-Dichlorobenzene (kg/d)

,4-Trichlorobenzene (kg/d)

-Trans-Dichloroethylene (kg/d) N/A

ylbenzene (kg/d)

hthalene (kg/d)

rachloroethylene (kg/d)

chloroethylene (kg/d)

ority Pollutants except asbestos)

rogen Scan

agenicity (Ames Test)

DISCHARGE LIMITATIONS Minimum Average Maximum

N/A N/A 1.46

N/A N/A 1.46

N/A N/A 1.46

N/A N/A 1.46

N/A N/A 1.46

N/A N/A 1.46

N/A N/A 1.46

N/A N/A 1.46

N/A N/A 1.46

N/A N/A 1.46

N/A N/A N/A

N/A N/A N/A

N/A N/A N/A •

MONITORING Frequency

Monthly

Monthly

Monthly

Monthly

Monthly

Monthly

Monthly

Monthly

Monthly

Monthly

Monthly

REQUIREMENTS Sample type

Grab

Composite

Composite

Composite

Composite

Composite

Grab

Composite

Grab

Grab

Grab

Monthly Grab

Quarterly See Part IV - B/C Pgs. 5-7 of 18

Part I I I - B/C Page 4 of 7 Permit No. NJ0004120

# B EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS(Continued)

hiring the indicated periods the permittee i s authorized to discharge from outfall s e r i a l number: 003

tPPTJIEMT CHARACTERISTIC , , DISCHARGE LIMITATIONS " Minimum Average Maximum

MONITORING REQUIREMENTS Frequency Sample type

n 8

s 6>

CQ H O

liochemical Oxygen Demand IOD5 (kg/day) EDP thru EDP+2 yrs. EDP+2.yrs. thru EDP+5 yrs.

Total Suspended Solids (kg/day) EDP thru EDP+2 yrs. EDP+2 yrs. thru EDP+5 yrs.

Total Organic Carbon (kg/day) EDP thru EDP+2 yrs. EDP+2 yrs. thru EDP+5 yrs.

Chromium (kg/day) EDP thru EDP+1 yr.

, EDP+1 yr. thru EDP+5 yrs.

Copper (kg/day) EDP thru EDP+1 yr. EDP+1 yr. thru EDP+5 yrs.

Nickel (kg/day) EDP thru EDP+1 yr. EDP+1 yr.* thru EDP+5 yrs.

Toxicity (Bioassay) •v EDP thru EDP+ 6 months £,. EDP+ 6 mos. thru EDP+18 mos. 'S EDP+18 otf. thru EDP+36 mos.

N/A N/A

N/A N/A

N/A N/A

N/A N/A

N/A N/A

N/A N/A

1886 939

3060 1879

4291 3476

16.0 7.1

16.0 10.5

10.3 1.57

3595 2412

6895 6895

6815 6815

37.0 11.1

43.2 43.2

24.8 5.84

EDP+36 thru EDP+60 mos.

96-hour LC50 > 5% (by volume) 96-hour LC50 > 10% (by volume) 96-hour LC50 > 20% (by volume) 96-hour LC50 > (by volume)

2/Week 2/Week

2/Week 2/Week

2/Week 2/Week

2/Week 2/Week

2/Week 2/Week

2/Week 2/Week

Monthly Monthly Monthly 2/Month

Composite Composite

Composite Composite

Composite Composite

Composite Composite

Composite . Composite

Composite Composite

See Part IV-B/C Pages 2-4

Part XXX - B/C Page 5 of 7 Permit Ho. NJ0004120

, C EPFLOENT LIMITATIONS AND MONITORING REQUIREMENTS

iring the period beginning EDP and lasting through EDP + 5 years the permittee is authorized to Xch2rge f?om outfalls serial numbers: 004 (Coarse Screen Water Intake Backwash) and 005 fine Strainer Water Intake Backwash).

u»r« shall be no discharge of floating solids or visible foam in other than trace amounts. ImoleS takenin"compliance with the specified monitoring requirements shall be taken at the X l o w i n g l o ^ outfall of DSN(s) 004 and 005, and shall be reported monthly.

he PH shall not be less than 4.0 standard units nor greater than 9 . 0 J | a ^ " d " " ^ ^ J ^ ^ J 1 b e

anitored monthly by grab sample. I t will not be a violation i f the effluent pH is below 4.u, rStidedtSS? thi effluent pH does not vary from the intake pH by more than 0.5 standard units.

Part I I I - B/C Page 6 of 7 Permit No. NJ0004120

ejiPFA.CE WATER QUALITY REQUIREMENTS

««<*tee shall discharge so as not to violate Surface Water T h e,??r S£naards for the Toms River, c l a s s i f i e d as TW-1 waters, 0 0 uint £ N.J.A.C. 7:9-4.1 et seq., including, but not limited I ? ' t h e following:

* Floating, Colloidal, Color, Settleable, and Suspended *' jfnifds iNoniilterable Residue!: Petroleum Hydrocarbons

and Other Oils and Greases

1. None noticeable in the water or deposited along the shore or on the aquatic substrata in quantities oetrimental to t h i natural biota. None which render the waters unsuitable for the designated uses.

2 For "Petroleum Hydrocarbons- the goal i s none detectable uti l i z i n g the federal EPA-Environmental Monitoring and Support Laboratory Method (Freon Extractable-Silica Gel Absorption-Infrared Measurement); the present c r i t e r i a , however, are those of paragraph 1. above.

B. Toxic or Hazardous Substances None, either alone or in combination with other substances, in such concentrations as to affect humans or be detrimental to the natural aquatic biota, P ^ u c e

' undesirable aquatic l i f e , or which would render the waters unsuitable for the designated uses.

C. Turbidity (Nephelometric Turbidity Unit - NTU)

Maximum 30-day average of 10 NTU, a maximum of 30 NTU at any time.

D. pH (Standard Units)

6.5 to 8.5

E. Temperature

No heat shall be added which would cause temperatures to deviate from ambient stream temperatures by more than 2.2 C (4 0°FT durinq September through May, nor more than 0.8 C

curing June through August, nor shall temperatures exceed 29.4°C (85°F).

CIB 009 1 0 6 5

Part I I I - B/C Page 7 of 7 Permit Mo. MJ0004120

SURFACE WATER QUALITY REQUIREMENTS

The permittee shall discharge so as not to violate Surface Water Quality Standards for the Atlantic Ocean, classified as CW-2 waters, pursuant to N.J.A.C. 7:9-4.1 et secj., including, but not limited to, the following:

A. Floating. Colloidal. Color. Settleable, and Suspended Solids (Nonfilterable Residue); Petroleum Hydrocarbons and Other Oils and Greas"es

1. None noticeable in the water or deposited along the shore or on the aquatic substrata in quantities detrimental to the natural biota. None which render the waters unsuitable for the designated uses.

2 For -Petroleum Hydrocarbons" the goal i s none detectable utilizing the federal EPA-Environmental Monitoring and Support Laboratory Method (Freon Extractable-Silica Gel Absorption-Infrared Measurement)! the present criteria, however, are those of paragraph 1. above.

B. Toxic or Hazardous Substances

None, either alone or in combination with other substances, in such concentrations as to affect humans or be detrimental to the natural aquatic biota, Produce undesirable aquatic l i f e , or which would render the waters unsuitable for the designated uses.

OPERATION OF WASTEWATER TREATMENT PLANT

In accordance with the provisions of N.J.A.C. W) and the Wastewater Treatment Plant Construct and Operate Permit No. SIA-10-75-2 issued to Toms River Chemical ^ o r a t i o n on March 1, 1976, the permittee's wastewater. Prior to discharge into the waters of e

w

A t f a n t f « C ? * S ^ a l

Plain classified as CW-1 or CW-2, shall be treated to a legre'e prodding? i s a minimum, 85% reduction of biochemical oxygen demand at a l l times and such further reduction of biochemical oxygen demand as may be necessary to maintain water quality specified in N.J.A.C. 7:9-4.1 et sea,.

CIB ®©9

Part IV - B/C Page 1 of 18 Permit No. NJ0004120

mnnlTIONAL REQUIREMENTS OF THIS PERMIT

A > operation of Treatment Works

The operation of the treatment works shall be under the continual supervision of an operator. The operator shall meet the requirements of the Department of Environmental Protection of the State of New Jersey for N-4 or equivalent, pursuant to the provisions of N.J.S.A. 58:11-64 and amendments thereto.

•t in accordance with Condition XI of the Wastewater Treatment Plant Construct and Operate Permit No. SIA-10-75-2 issued to Toms River Chemical Corporation on March 1, 1976, industrial wastes arriving at the sewage treatment plant shall be treated by each and every process comprising said treatment plant. In this reqard, the permittee shall treat i t s wastewaters using a l l the"existing treatment plant aeration units unless i t can-demonstrate to the NJDEP consistent compliance with the requirement for 85% reduction of wastewater biochemical oxygen demand without using a l l said aeration units.

c The permittee shall submit a complete emergency plan report in accordance with N.J.A.C. 7-.14A-3.12, which shall become part of this permit following the Department's review of the adequacy of said plan report and correction by the permittee of any deficiencies in said plan within 3 months of notice from the Department of any deficiencies.

D. In addition to the discharge monitoring report submitted to NJDEP in accordance with paragraph 11.1.(1) in Part I of this permit, the permittee shall also submit a duplicate signed copy of these, and a l l other reports required herein, to the following address(es):

Regional Administrator Region I I U.S. Environmental Protection Agency 26 Federal Plaza New York, N.Y. 10278 ATTN: Permits Administration Branch

Ocean County Health Department Sunset Avenue CN 2191 Toms River, N.J. 08753

E. The permittee shall handle, store, and transfer any hazardous materials in accordance with the procedures required in the permittee's DPCC/DCR Plan(s) and in accordance with the provisions of N.J.A.C. 7»1E-1 et seq.

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Part IV - B/C Page 2 of 18 Permit No. NJ0004120

TOXICITY LIMITATIONS AND BIOMONITORING REQUIREMENTS

A. Toxicity Limitations

1. An interim toxicity limit of a 96-hour LC50 > 5% (by volume) shall become effective on EDP and last through EDP plus 6 months, an interim toxicity limit of a 96-hour LC50 > 10% (by volume) shall become effective on EDP plus 6~months and last through EDP plus 18 months, and an interim toxicity limit of a 96-hour LC50 > 20% (by volume) shall become effective on EDP plus 18 months and last through EDP plus 36 months, unless modified by the NJDEP based upon the results of tne bioassays submitted to NJDEP.

2 The permittee shall conduct an effluent toxicity reduction study and submit to the NJDEP by EDP plus one year, a detailed toxicity reduction program identifying what specific measures w i l l be implemented to achieve the fina l toxicity limit set forth in A.3. The permittee shall submit to NJDEP quarterly reports detailing the progress of the toxicity reduction study. The progress reports shall identify and quantify the toxic pollutants that w i l l be reduced both through in-plant measures and through wastewater treatment.

3. A toxicity limit of a 96-hour LC50 > 50% (by volume) shall become effective on EDP plus three years and last through the permit expiration date, unless modified by the NJDEP.

B. Biomonitorinq Requirements

The permittee shall conduct 96-hour definitive flow?thcough or definitive modified static renewal acute bioassay tests on i t s wastewater discharge at a frequency of one per month from EDP through EDP + 3 years and two per month from EDP * 3 years through EDP + 5 years . The f i r s t bioassay test shall be i " ^ 1 8 ^ " ^ 1 ^ " ^ ^ ? ? 6

: month from EDP, unless otherwise specified by the NJDEP.

1. A l l bioassays shall be conducted in accordance with the following procedures:

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Part IV - B/C Page 3 of 18 Permit No. NJ0004120

i . \ R<n,8sav procedure shall conform to the U ) ?Regula?io^ Governing Laboratory/"tificatxon

and Standards of Performance" (N.J.A.C. 7.18). lu^chipce? 2 of the regulations contains thTcriteria and procedures for bioassay Jesting and analysis. The laboratory per­forming your bioLsay testing will have to be within the laboratory certi fication program included within those regulations.

(b) The bioassay shall provide a measure of acute toxicity as determined by the wastewater concentration which causes 50% mortality of

.^nrnTrrlate test organisms over a so-SSur aPr!olt a tTest results shall be -pressed in terms of Lethal Concentration (LC) and rSpor^d as 96-hour LC-50 with confidence intervals.

(c) The test organism shall be the mysid «hrimp, (MvsidQPis Sahia), at a test temperature of 22°C + 2°C-

The following information shall be submitted within one montn from the Effective Date of Permit:

(a) An identification of the certified bioassay ( laboratory responsible for the conduct of

the tjioassay tests.

IM A detailed description of the methodology to ( b ) pe uUlized in thS conduct of the tests, in­

cluding equipment, retention time of the waStewItlr in the treatment plant, collection S ^ o d of a representative effluent sample, ^nd J£me and source of test organisms.

(c) A schematic diagram which depicts the location

dTora^ffi s i m i r i n g 8 ^ 1 ^ ^ ^ ^ to any wast-ater treatment faci l i t i e s and Discharge Serial No. 003.

, Pfi-hour bioassay indicate a mysid , i f the results of the 96 hour bioa y c o n t r o l g o r t h a t

shrimp mortality of 15% or i t a t i o n ( A . i ©r A.3) a violation of the • P P j ^ 1 ; h a i f conduct an additional ^ u T S I ^ - l a t e r than " completion of t*e above referenced test.

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Part IV - B/C Page 4 of 18 Permit Mo. MJ0004120

4 Bioassay results shall be reported on a form provided and " shall be submitted with with the permittee's Discharge

Monitoring Reports (OMR's).

5. The information requested (A.2r B.2.a through B.2.C, and B.4) shall be submitted to:

Bureau of Permits Administration Water Quality Management Division of Water Resources CN-029 Trenton, New Jersey 08625

Bureau of Systems Analysis and Wasteload Allocation

Division of Water Resources CN-029 Trenton, New Jersey 08625

Part IV - B/C Page 5 of 18 Permit No. NJ0004120

ymTAGENICITY TESTING

w M r m < f t « shall conduct Ames mutagenicity tests on 24-hour Th™nlsl?e Samples ofSS5 wastewater discharge (DSN003 at a ^ o m P ^ ^ v of^nce every 3 months. The permittee shall conduct SJrSt 2 e . analyses 3 unextracted, unconcentrated wastewater

A l i n e d below. I f results from this direct testing are EflSive Sr marginal, the permittee shall conduct mutagenicity J!!?iia of extracted concentrated wastewater as described below Xf r e s " t s from the direct testing of a wastewater

»re clearly positive, these are to be reported to the N JSI P

eand eno'"rthe? analysis of that sample i s required.

fho fi r s t assay shall be initiated no later than 3 months from ihlerfective date of the permit, unless otherwise specified by the NJDEP.

A. All direct assays shall be in accordance with the following procedures:

1. wastewater samples shall be prepared for mutagenicity testing according to Section II.C. St -Environmental Waste Sampling Processing Protocol #8" or any current update of jnis protocol. This methodology is available from NJDEP's Office of Science and Research lOSR).

2. Ames mutagenicity tests shall ^ J ^ ^ L ^ ^ prepared wastewater samples according Jo Section I I of OSR's -Ames Salmonella Mutagenicity Assay Protocol (1983)" or any current update. At a minimum, the assay shall ft*f^^^aBd

tester strains, TA98 and TA10 0 , ^ b o t h a n a without metabolic activation. All assay controls listed in this protocol must be performed and yield results acceptable to the S J S E I ™ Spontaneous and " i ™ * ^ ^ " ^ for TA98 must be between 15-75 per plate, ana for TA100 between 60-200 per plate.

3. Duplicate plate tests must be conducted at each 5 nontoxic sample doses. As specified in the

above protocol, doses up to 3 mil l i l i t e r s per

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Part IV - B/C Page 6 of 18 Permit Mo. MJ0004120

plate must be assayed, unless ^ t o x i c i t y precludes this dosage range. All raw data must be reported, along with clear graphical dose-response curves. Qualitative interpretations of results (negative, marginal, positive) are to be conducted as stated in the above protocol.

4. For positive mutagenicity " s u i t s , the Ames assay results must be expressed in revertants per mil l i l i t e r of wastewater. This measurement should be calculated according to Section 2 of the Data Analysis portion of the Ames Salmonella Mutagenicity Assay Protocol (1983) .

All assays conducted on extracted, concentrated wastewater shall be^in accordance wltiTtne-Tollowing procedures:

1. wastewater samples shall be extracted and concentrated according to "Environmental Water Sample Processing Protocol #8 (1983) ox **% current update of this protocol. All wastewater samples must be concentrated to a minimum of 1000-fold according to this technique.

2. Ames mutagenicity tests shall be conductor* the wastewater extracts according to Section I I of OSR's "Ames Salmonella Mutagenicity Assay Protocol (1983)" or any current update. At a minimum, the assay shall be performed with 2 Tester strains, TA98 and TA100, both with and without metabolic activation. All assay controls listed in this protocol must be performed and yield results acceptable to the MID!?™ Spontaneous and solvent control counts for TA98 roust be between 15-75 per plate, ana for TA100 between 60-200 per plate.

3. Duplicate plate tests must be conducted at each of 5 nontoxic sample doses. Doses up to 1 mg extractable material per plate must be assayed, Uriels the total extractable material weight or cytotoxicity precludes this dosage range. All raw data must be reported, along with clear araohical dose-response curves. Qualitative interpretations of results (negative, marginal. Positive) are to be conducted as stated in the above protocol.

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Part IV - B/C Page 7 of 18 Permit No. NJ0004120

For positive mutagenicity results, the Ames assay shall provide 2 measures of the level ox xn*.

"tmes SajmSneUa Mutagenicity Assay Protocol (1983)

i .

2.

3.

Sotn wastewater sample processing and the mutagenicity assay.

* J f i ? ? i d i S t i thi location of effluent sampling ff&StoS 2 5 iastevater treatment fac i l i t i es and DSN 003.

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Part IV - B/C page 8 of 18 Permit No. NJ0004120

ADDITONAL STUDY OF OCEAN OUTFALL IMPACT - SEDIMENT ANALYSES

The permittee shall conduct priority pollutant analyses (except asbestos) of the bottom sediment in the vicinity of the diffuser section of the ocean outfall pipe (DSN003). The permittee shall conduct this testing at a frequency of once every 4 months for a 1 year period. These analyses are to be initiated no later than 4 months from the effective date of the permit, unless otherwise specified by NJDEP.

A. The sediment sampling and analyses are to be conducted in accordance with the following procedures:

1. Sampling shall be performed according to a defined grid system which includes the area surrounding the entire 1000 foot diffuser section of the ocean . outfall pipe (DSN003).

2 Sites are to be chosen at various distances from the pipe, both on the north and south sides of the outfall. A minimum of 12 sites are to be selected. The samples are to be collected as sediment surface grab samples.

(a) Up to three grab samples of the sediments should be collected at each grid location in an attempt to collect a sample with a substantial amount of fine-grained material. I f sand i s predominant in a l l three samples, then the sample with the highest organic carbon (TOC) content should be used.

(b) All samples used for final priority pollutant analyses must be grain sized for coarse (>63um) and fine fractions (<63um).

m

(c) At least one-third of a l l twelve samples used for further analyses should contain substantial amounts of fine-grained material.

B. The permittee i s to review available extraction methodologies for sediments and select one technique. This technique i s to be verified by recovery and precision measurements using representative surrogate priority pollutants. The technique selected must be proved by NJDEP. Organic priority pollutant analyses of the sediment

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Part IV - B/C Page 9 of 18 Permit No. NJ0004120

C.

-vtracts are to be conducted according to EPA methods 608,

^c^er kJ2&?$ - i vo series me"ods ("Method for Chemical Analyses of Water ind Wastes", EPA-600-4-79-020).

The following information shall be submitted within two monthlo? £hl effective date of the permit:

1 identification of the organization(s) "sponsible for the conduct of the sampling and analyses.

2 A detailed description of the sample design,

of Water Resources.

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Part IV - B/C page 10 of 18 Permit No. NJ0004120

or» M OUTFALL LINE PERFORMANCE hV" M&.TNTENANCE SURVEY

* . e G Ordance with the January 13, 1965 Permit to Construct a I n i S J t a t i o n force main, and ocean outfall issued to Toms V Z l r Chemical Corporation by the New Jersey Department of R l V e r Chemical worp perform an annual performance and H e-ntenaSe Survey of it s ocean discharge outfall line and

?he ripor^ of the surveys within 60 days after completion. ?Sis annual outfall line survey program shall provide for:

A.

B.

C.

D.

Pressure testing of the line.

Television inspection of the line,

Visual inspection of the portions of the line underlying Barnegat Bay and the Atlantic Ocean, and

Installation and sampling of groundwater monitoring wells, including sampling of existing potable wells within a reasonable proximity of the ocean discharge outfall line.

comprehensive and detailed proposal and schedu»J » • outfall inspection survey program. The outfall

"spectton .urve? pro,™ shall t>5 implemented In .ceord.ne. with the approved schedule. The information requested above shall be submitted to the:

Administrator Water Quality Management Element Division of Water Resources CN-029 Trenton, NJ 08625

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Part IV - B/C Page I I of 16 Permit No. NJ0004120

BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS

In order to prevent, or minimize the potential for the release of toxic substances from ancillary activities to the waters of the State through plant runoff, spillage or leaks, sludge or waste disposal or drainage from raw material storage, the permittee shall develop and implement a Best Management practices (BMP) Plan.

These conditions apply to a l l permittees who use, manufacture, store, handle or discharge any pollutant listed as toxic under Section 307 (a)(1) of the Clean Water Act and who have ancillary manufacturing operations which could result in significant amounts of these pollutants reaching waters of the United States. These operations include material handling areas; plant site runoff; in-plant transfer, process and material handling areas; loading and unloading operations, and sludge and waste disposal areas.

The BMP Plan shall be consistent with the general guidance contained in the publication entitled "NPDES Best Management Practices Guidance Document," dated June 1981, and prepared by the U.S. Environmental Protection Agency, Office of Water Enforcement and Permits, NPDES Technical Support Branch. As a minimum, the Plan shall include the following BMP's:

a. BMP Committee b. Reporting of BMP Incidents c. Risk Identification and Assessment d. Employee Training e. Inspections and Records f. Preventive Maintenance g. Good Housekeeping h. Materials Compatibility i . Security

m

The facility shall incorporate in the BMP Plan any appropriate procedures for adequately controlling spills and leaks of hazardous substances as specified in the DPCC Plan or other preventive plans submitted to the NJDEP. I f , in the judgment of the BMP Committee, the present practices identified in these plans are adequate, they may be incorporated into the BMP Plan by reference.

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Part IV - B/C page 12 of 18 Permit Mo. MJ0004120

gprririC CONDITIONS OF THE BMP PLAN

A The BMP Plan shall specifically address the adequacy of containment of spills in the outdoor storage areas. The BMP Committee should be convinced that adequate containment exists at these locations BO as to prevent pollutants from reaching any stream or ditch draining into the Toms River.

B The BMP Plan shall specifically address the development of leak detection capability in the outfall pipe in order to prevent leakage of effluent before the designed discharge points.

C The BMP Plan shall specifically address the large number of loading and off-loading facilities at the site. IvalSatiSS of these areas%hall consider both the routine leaks, drips, and minor spills normally associated with such operations; and possible large s p i l l s . Potential spills to be considered include an accident involving a truck at a loading point or traveling across plant property, r a i l car accidents, or derailments, etc.

D The BMP Plan shall specifically address the adequacy of containment of spills and residuals in the drum storage area. Area drains with locking valves are to be considered in implementing this aspect of the plan.

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Part IV - B/C Page 13 of 18 Permit No. NJ0004120

ACCEPTANCE OF OUTSIDE WASTES

The permittee may accept only those outside wastes from within New Jersey which are specifically listed, quantified, and characterized by chemical analyses in a permit application S S S t t a l and which are used for the sole purpose of substitution for chemical agents normally used in i t s waste neutralization and clarification treatment units. Written approval must be obtained from NJDEP prior to accepting any outside waste.

The permittee shall submit a monthly l i s t of the »PPrf;Yed. outsiderwastes i t accepts, the da£es of acceptance, and the

has not changed.

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Part IV - B/C page 14 of 18 Permit No. NJ0004120

npr.eTTE MONITORING LOCATION

T h e permittee ^ " P * ^ of the ocean o u t f a l l / p P ^ ^ e e shall submit plans and representatives.Thepermi^ i n c l u d i n g measures for specifications for ^ e facility, i n c x u y NJDEP for assuring security of the i i ^ y ^ c t i v l date of the permit.

St5«^iS"^S»U~^!«i5 «h»» b e ° n l y w i t h N J D E P

authorization.

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Part IV - B/C Page 15 of 18 Permit Mo. MJ0004120

GROUNDWATER DECONTAMINATION FLOW MONITORING

The groundwater decontamination flow to the P e r m i** e e' s

t

wastewater treatment f a c i l i t y in accordance with the Treatment Works Approval waiver, dated December 12, 1984, shall »e limited to 0.5 MGD as a monthly average. The permittee shall monitor the groundwater going to the treatment system at the groundwater collection tank according to the following:

PARAMETER MONITORING FREQUENCY

F l o w Continuous Volatile Organic Priority Pollutants Weekly Nitrogen Scan Qv.artexrly Total Priority Pollutants Quarterly

(except Asbestos)

Sampling results shall be summarized and submitted along with the permittee's DMR's.

The above conditions and Treatment Works Approval Waiver for groundwater decontamination may be modified to conform with the results of studies being conducted at the plant site by U.S. EPA in accordance with the federal Comprehensive Environmental Response, Compensation, and L i a b i l i t y Act (CERCLA).

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Part IV - B/C Page 16 of 18 Permit No. NJ0004120

nnr« SAMPLING AND ANALYSIS

~-™<«-*-ee ahall develop and implement a program,

a 96-hour LC50 > 50% (by volume).

The p ™ Jh.ll b? in - " r S L ^ b T S ^ by K ! h d ^ t . r £ o 5 ! i ? i i S « S Srero52l by NJDEP and the Ocean-

Sample analyses shall be reporwa w-™iated but in no case

Part IV - B/C Page 17 of 18 Permit No. NJ0004120

rgMPT.TANCE SCHEDULE

A. Compliance with mass limitations on effective date of peSnit unless otherwise indicated in Part I I I - B/C.

B The BMP Plan shall be submitted to NJDEPfor "view within t ! l v B „f effective date of the permit. The Plan .haute imP!emented"£»in 12 month. I f th. effective . date of the permit.

effective date of the permit.

A toxicity reduction program shall be submitted to NJDEP Sithin 12ymonths of the Effective date of the permit. l l s o , quarterly progress reports shall be submitted.

Compliance with the toxicity limit of a 96-hou,: LC5C> | 50% (by volume) shall be within 36 months of the etiective date of the permit.

A comprehensive description and schedule for an annual ocean outfall line performance and maintenance survey shall be submitted to NJDEP within 2 months of the effective date of the permit.

5 A detailed description of the sample design, sampling

vsx&fe sSoErsr ni'monihsTf rMu of the permit.

H. sediment sapling and " J ^ ' V l S " . r S T " * months of the effective date of the permit.

I . A detailed methodology a««iP"° n ' "S'TSe^mHtton of

• f t * b % r S ! f "The M »me n in n fornon° .h .? ; E m i t t e d lor^he^s'mutlgen'icTVt.*" » " h i n * " » O T t h S ° f ^ effective date of the permit.

D.

E.

F.

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Part IV - B/C Page 18 of 18 Permit No. NJ0004120

and specifications for the secure off-site sampling S ^ i S . 2 ? l " i submitted within 6 months of the £?fii£ive date of the permit. The facility shall be conHructefandoperatfonal within 12 months of the effective date of -the permit.

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Part IV - IWMF Page 1 of 10 Permit No. NJ0004120

STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION

DIVISION OF WATER RESOURCES

ADDITIONAL REQUIREMENTS FOR AN INDUSTRIAL WASTE MANAGEMENT FACILITY, N.J.A.C.

7:14A-4.1 et seq.

4.1 Purpose

This subchapter establishes the requirements for compliance with the State Act concerning hazardous waste as defined in Section 1.10 for owners and operators of an industrial waste management f a c i l i t y as described in Section 4.2.

4.2 Scope

(a) Specific inclusions

An industrial waste management f a c i l i t y (IWMF) treats, stores, or disposes of hazardous waste which i s received exclusively from intracompany and intrastate sources and includes the following:

1. Wastewater treatment units are subject to regulation under Sections 402 or 307(b) of the Federal Act and that:

i . receive, and treat or store an influent wastewater which i s a hazardous waste; or

i i . generate, store, or treat a wastewater treatment sludge or residue which i s a hazardous waste; and

i i i . meet the definition of •tank".

2. The treatment, storage or disposal of hazardous waste in a surface impoundment; and

3. A land treatment f a c i l i t y for hazardous waste; and

4. Injection wells that dispose of hazardous waste, and associated surface f a c i l i t i e s that treat, store, or dispose of hazardous waste. However, the owner and operator with a UIC permit shall be deemed to have a IWMF permit for the injection well i t s e l f provided

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Part IV - IWMF Page 2 of 10 Permit No. NJ0004120

there i s compliance with the requirements of Section 4.5(a).

5. Notwithstanding the provision of (a) 1 above, an IWMF may receive hazardous waste from intrastate/intercompany sources provided that:

i . A modification of the NJPDES/DSW or SIU permit is obtained pursuant to N.J.A.C. 7:14-2.12; and

i i . The hazardous waste i s used for the sole purpose of substitution for a chemical agent which is normally used in the IWMF wastewater treatment unit; or

i i i . The hazardous waste i s received and used for* the purpose of biologically seeding a wastewater treatment unit.

(b) Specific exclusions

The following exclusions to this Subchapter are required to obtain a Hazardous Waste Facility (HWF) permit pursuant to N.J.A.C. 7:26-12.1 et seq.

1. Wastewater treatment unit which meet the requirements of paragraphs (a)(1)(i) through ( i i ) but not paragraph (a)(1)(iii) because hazardous wastewater i s received from intercompany or interstate sources.

2. A surface impoundment where hazardous wastes will remain at the facility site after closure is completed.

3. The treatment, storage or disposal of hazardous waste sludges in sludge drying beds and landfills.

(c) General requirements.

1. The owner or operator of an IWMF as described in paragraph (a)l. above shall be deemed to possess a NJPDES/IWMF permit-by-rule provided there i s compliance with the standards specified in Section 4.6, unless the Department terminates eligibility for a permit-by-rule in accordance with Section 4.5(c)2.

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Part IV - IWMF Page 3 of 10 Permit No. NJ0004120

2. Where eligibility for an IWMF permit-by-rule has been terminated by the Department, the owner or operator of the IWMF shall apply for and i s required to obtain an IWMF permit which incorporate and requires compliance with Section 4.4.

3. The owner or operator of an IWMF as described in paragraphs (a)(2) and (3) above shall obtain a NJPDES/IWMF permit in accordance with Section 4.4.

Definitions

The following definitions apply to this subchapter.

"Chemical agent" means those elements, compounds, or mixtures that disperse, dissolve, emulsify, neutralize, precipitate,-* reduce, solubilize, oxidize, concentrate, congeal, entrap, fix, gel, make the pollutant mass more rigid or viscous, or otherwise facilitate the mitigation of deleterious effects or removal of the pollutant from the wastewater.

"Existing Facility" means a facility which was in operation or for which construction has commenced, on or before November 19, 1980. Construction had commenced i f the owner or operator has obtained a l l necessary Federal permits as well as any permit required by the Solid Waste Administration and either:

»«• a. a continuous physical, on-site construction program has

begun, or b. the owner or operator has entered into contractual

obligations which cannot be cancelled or modified without substantial loss for the construction of the facility to be completed within a reasonable time. •Land Treatment Facility" means a facility or part of a facility at"which hazardous waste is applied onto or incorporated into the soil surface? such f a c i l i t i e s are disposal f a c i l i t i e s i f the waste will remain after closure. •Wastewater treatment unit* means a device which: 1 Is part of a wastewater treatment facility which is subject to regulations under either Section 402 or Section 307(b) of the Federal Act» and

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Part IV - IWMF Page 4 of 10 Permit No. NJ0004120

2. Receives and treats or stores an influent wastewater which i s a hazardous waste as defined in N.J.A.C. 7:26-1.1 et seq., or generates and accumulates a wastewater treatment sludge which i s a hazardous waste as defined in N.J.A.C. 7:26-1.1 et seq.# or treats or stores a wastewater treatment sludge which i s a hazardous waste as defined in N.J.A.C. 7:26-1.1 et seq.; and

3. Meets the definition of tank in this section.

"Tank" means a stationary device, designed to contain an accumulation of hazardous waste which i s constructed of non-earthen structural material(s) (e.g.. wood, steel, plastic, reinforced concrete, etc.) which provides the necessary structural strength to totally contain the waste.

Application for a permit

(a) Except as provided in Section 4.5 (permit-by-rule), an IWMF shall apply for a permit in accordance with this Section. Applicants shall refer to N.J.A.C. 7:26-12.1 et seq. (Permit Requirements for Hazardous Waste Facilities -Rules of the Solid Waste Administration) for requirements and procedures for submission of an application for an IWMF permit. Such IWMF's shall comply with a l l of the requirements set forth therein with the exception of the following:

1. An environmental impact and health statement i s not required for a IWMF.

2. A disclosure statement i s not required for a IWMF.

(b) For land treatment fa c i l i t i e s only.

In addition to complying with the requirements of N.J.A.C. 7:26-12.1 et seq. an applicant for a land treatment facility sHall comply with N.J.A.C. 7:14A-10.8 and 40 CFR 265.270 through 282.

(c) For surface impoundments only.

In addition to complying with the requirements of N.J.A.C. 7:26-12.1 et seq. an applicant for a IWMF permit for a surface impoundment which treats, stores, and or disposes of hazardous waste shall comply with N.J.A.C. 7:14A-10.7.

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Part IV - IWMF Page 5 ° f 10 Permit No. NJ0004120

(d) Existing IWMF facilities. Prior to final disposition of a IWMF permit application, an existing IWMF facility may continue to operate in accordance with the standards and procedures-set forth at N.J.A.C. 7:26-12.3. In addition to the requirements set forth at N.J.A.C. 7:26-12.3(e) an owner or operator of an existing land treatment facility shall comply with the standards set forth at 40 CFR 265.270 through 282.

Permits-by-rule

Notwithstanding any provision of this subchapter or N.J.A.C. 7:14A-7 and 8 wastewater treatment units shall be deemed to have a IWMF permit i f the conditions listed are met:

*

(a) Injection wells. The owner or operator of an injection well disposing of hazardous waste, i f the owner or operator:

1. Has a permit for underground injection issued under N.J.A.C. 7:14A-5.1 et seq.;

2. Complies with the conditions of that permit and the requirements of N.J.A.C. 7:14A-5.12 (requirements for wells injecting hazardous waste).

(b) Publicly owned treatment works, n POTW which accepts for treatment hazardous waste, i f the owner or operator:

1. Has a NJPOES permit as required by N.J.A.C. 7:14A-1.3;

2. Complies with the conditions of that permit; and

3. Complies with the following regulations:

i . N.J.A.C. 7:26-7.6(a) Identification number;

i i . N.J.A.C. 7:26-7.1 et seq. Use of manifest system;

i i i . N.J.A.C. 7:26-9.4(1) Operating record;

iv. N.J.A.C. 7:26-9.4(j) Annual report.

4. I f the waste meets a l l Federal, State, and local pretreatment requirements which would be applicable to the waste i f i t were being discharged into the DTW through a sewer, pipe, or similar conveyance.

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Part IV - IWMF Page 6 of 10 Permit No. NJ0004120

(c) Wastewater Treatment Units.

1. The owner or operator of a wastewater treatment unit i f he/she complies with the requirements of Section 4.6, unless required to have an individual permit under (c)2. of this paragraph.

2. The Department may terminate eligibility for a permit-by-rule under this section and require an owner or operator of a wastewater treatment unit to apply for and obtain a IWMF permit under this subchapter, i f :

i . The owner or operator violates any condition of Section 4.6.

*

i i . The owner or operator i s conducting other activities which require an individual IWMF permit; or

i i i . The Department determines that the requirements of Section 4.6 are not sufficient to protect public human health or the environment and that additional requirements concerning hazardous waste facilities (Rules of the Solid Waste Administration) pursuant to N.J.A.C. 7:26-10.1 et seq. are required to*provide such protection.

Standards for Wastewater Treatment Units subject to a permit-by-rule

(a) Purpose, scope, and applicability.

1. The purpose of this part i s to establish minimum standards which define the acceptable management of certain hazardous wastes and the acceptable practices for industrial waste management faci l i t i e s as defined in. Section 4.2(a) 1.

2. The standards in this part apply, in lieu of the requirements of N.J.A.C. 7:26-9.1 through 11.1 et seq. to owners and operators of eligible industrial waste management fa c i l i t i e s .

(b) EPA Identification Number.

1. The owner or operator must not treat or store a hazardous waste in a wastewater treatment unit without having received an EPA identification number.

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2. An owner or operator who has not received an EPA identification number may obtain one by applying to the Department. - ng IWI*

i - <*ith t (c) Security. *t • .:26-i2

se £c; . N 7.A.C 1. The owner or operator must preventl. theiguniKjnojfi g

entry, and minimize the possibility far ;&*e fort unauthorized entry, or persons or livestock into or onto the wastewater treatment unit, unless: i . Physical contact with the waste contained in the

unit will not injure unknowing or unauthorized persons or livestock which may enter the1j3n.it, and c xis*ed a?

i i . Disturbance of the waste or equipmenfcabjojthe unknowing or unauthorized, e^tr^ef persons&r livestock into or onto the unit will not cause a violation of the requirements of this section.

ur --ounc ...jecti (d) Inspections. 1 * •* ;

1. The owner must inspect the wastewater tre^^m^tJinit for malfunctions and deterioration} operator, .errors, and discharges which may be causjrtig-or may fead to -(1) unauthorized release of hazardous waste to the environment or (2) a threat tft human health^pT^e owner or operator must conduct these inspe£&eP

nS: often enough to identify problems in time to correct them before they may pose a.tthreat to^fiarr^arwyhuman health or the environment. For DSWs, such inspections and the basis for the inspection shall be addressed in an emergency plan as required*ifftat N.J.A.C. 7:14A-3.12.

. o-2. £. The owner or operator must develop and follow a

written schedule for inspecting aUertHPfiaJtftffcng equipment, safety and emergency equipment, security devices, and operating. *M stryfltgral equipment (such as tank walls andpumps) that are important to preventing environmental or human health hazards, i- Operating re<

i i . The owner or operator must keep JtofcfcsSch^joVt at the facility.

*rd3ral, State, sn.r ' •» wi.icn would 1 v:s: ^eing-discharge

-?ioe .* sii-i i r.r conve

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i i i . The schedule must identify the types of problems (e.g., malfunctions or deterioration) which are to be looked for during the inspection (e.g., inoperative pump, leaking fitting, heavy corrosion).

iv. The frequency of inspection may vary for the items on the schedule. I t should be based on the rate of possible deterioration of the equipment and the probability of an environmental or human health incident i f any deterioration or malfunctiion or operator error goes undetected between inspections.

v. The owner or operator must remedy any deterioration or malfunction of equipment or '* structure detected in an inspection. This must . be done on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard i s imminent or has already occurred, remedial action must be taken immediately.

v i . The owner or operator must record inspections in an inspection log. He must keep these records for at least three years from the date of inspection. At the minimum, these records must include the date and time of each inspection, the name of the inspector, a recording of the observations made, and the date and nature of any repairs or other remedial actions taken as a result of inspection observations.

General operating requirements.

1. The emergency plan required in N.J.A.C. 7:14A-3.12 shall address the requirements of this paragraph.

2. The owner or operator of a wastewater treatment unit must ensure that the treatment process conducted in the unit does not:

i . Generate extreme heat or pressure, fire or explosion, or violent reaction;

i i . Produce uncontrolled toxic mists, fumes, or gases in sufficient quantities which may pose a threat to human health;

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i i i . Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosion;

iv. Damage the structural integrity of the tank or equipment containing the waste; or

v. Through like means may pose a threat to human health or the environment.

3. Hazardous waste or treatment reagents must not be placed in a wastewater treatment unit i f they could cause the unit or any of i t s equipment to rupture, leak, abnormally corrode, or otherwise f a i l before the end of its intended l i f e .

4. Wastewater treatment unit must be designed constructed and operated so as to prevent hazardous wastes from being discharged into or on any land or water during the operating l i f e of the unit.

(f) Manifest system recordkeeping and reporting.

The owner or operator must comply with the following requirements with respect to hazardous waste received from offsite sources:

1. N.J.A.C. 7:2607.1 et seg^, Use of manifest system;

2. N.J.A.C. 7:26-9.4(i), Operating record;

3. N.J.A.C. 7:26-9.4(j), Annual report.

(g) Closure.

At closure, the owner or operator of the wastewater treatment unit must remove a l l hazardous waste and hazardous waste residues from the unit and comply with N.J.A.C. 7:26-7.1 et seq.

(h) Reporting.

1. Any discharge of hazardous waste from a wastewater treatment unit must be reported to the Department in accordance with the "Spill Compensation and Control Act" N.J.S.A. 58:10-23.11(e), and the owner or operator of the unit must report to the Department the following information:

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*' o ? m | p e r f 2 S " S ' t e l e p h o n e n u j n b e r o f t h * owner

U " f ab i l i ty * n d t e l e P h o n e number of the

i i i . Date, time, and nature of the incident,

i v . Name and quantity of material(s) involved;

v. The extent of i n j u r i e s , i f any;

V l # h ^ I ' S i r r X * ° f • c t u a l o r Potential hazards to W U c S b i a e ; h a S I this i s

V i i * f S ^ f t e d , . 2 u a n t i t v a n d deposi t ion of recovered material that resulted from the incident?

WCM41-Bl:lml

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