 | Vol. 3 No. 1 June 1995 |
| A Newsletter About New Jersey's Water Quality Programs |
Task Force updating pretreatment regs
by James Murphy, Bureau of Pretreatment and Residuals
As reported in the June 1994 issue, the New Jersey Pretreatment Task Force was reconvened to examine issues related to pretreatment implementation and enforcement throughout the state. During calendar year 1994, the task force, comprised of representatives from industries, delegated and non-delegated local agencies, environmental organizations, and DEP personnel, met on seven occasions to review regulatory topics proposed by the Bureau of Pretreatment and Residuals (BPR). As a starting point for the meetings, a document containing draft pretreatment regulations was presented to task force members for comment. The task force provided invaluable input to the division, resulting in modifications and clarifications to the following regulatory areas:
- Pretreatment program regulations: Significant modifications were made to the draft pretreatment program requirements for delegated and non-delegated local agencies. These regulations will be proposed under N.J.A.C. 7:14A-19, entitled Pretreatment Program Requirements for Local Agencies.
- Penalty determination for indirect discharger violations: This topic, which has not been resolved and is currently being discussed, may require a control authority to assess minimum fines in the same manner the department follows for actions in a non-delegated local agency (DLA) service area. The regulations could also include the use of a penalty matrix by the department or DLA when assessing civil administrative penalties against indirect users of a municipal treatment works. (Reference - N.J.A.C. 7:14-8.16, entitled Civil Administrative Penalty Determination for Indirect Dischargers.)
- Penalty determination for failure to implement or enforce an approved industrial pretreatment program: Also pending discussions, this section could include specific requirements relative to pretreatment program implementation, enforcement by DLAs, and corresponding penalties for failure to implement the pretreatment program criteria. (Reference - N.J.A.C. 7:14-8.17, entitled Civil Administrative Penalty for Failure to Implement an Approved Industrial Pretreatment Program.
- Enforcement response plan (ERP): As indicated under 40 CFR Part 403.8(f)(5), all delegated local agencies are required to develop and implement an ERP. The task force was instrumental in developing a model ERP which DLAs will utilize to enforce the pretreatment program requirements. The ERP will also clarify the minimum DLA enforcement response required when a facility meets the significant non-compliance (SNC) criteria as defined by state statute (N.J.S.A. 58:10A-3.w) or the federal regulations (40 CFR Part 403.8(f)(2)(vii). The ERP will be included as Appendix A under the Pretreatment Program Requirements for Local Agencies, N.J.A.C. 7:14A-19.
The BPR is grateful to each task force member for the time, effort, and dedication which made this forum a success. As could be expected, a consensus was not always reached on each point of discussion, however, the advice and divergent viewpoints assisted and guided the division in developing these regulations.
Summaries of each task force meeting are available upon request. If you have any questions about the task force's activities or the development of these regulations, please contact Jim Murphy or Valentin Kouame, of the Bureau of Pretreatment and Residuals, at (609) 633-3823.
Articles appearing in the New Jersey Discharger may be reprinted provided source credit is given.
Tom Cosmas converted the original text into this HTML and is willing to accept most of the blame for any typo errors.
Last revision 4/15/96