Most publicly owned treatment works (POTWs) in New Jersey have pretreatment program requirements incorporated into their NJPDES discharge permits. These pretreatment requirements pertain to industries that do not discharge their wastewater directly into a surface water body such as a stream or river, but into a sanitary sewer system. From there it is conveyed to a POTW where it is treated and discharged into a surface water body. If a POTW has been delegated pretreatment program authority, it is responsible for setting effluent limits on industries discharging into its system and enforcing those limits. Where a POTW does not have such delegation, pretreatment program requirements are still included within the POTWs NJPDES permit, but such requirements are not as extensive as those of a delegated agency. New Jersey presently has 23 Delegated Local Agencies (DLAs), plus approximately 125 non-delegated local agencies (NLAs) located throughout the State.

Pretreatment requirements for NLAs include submission mandates. The NJPDES regulations under N.J.A.C. 7:14A-19.3(b) require every local agency operating a public sewage treatment plant to submit a copy of their local sewer use ordinance, and to also submit an annual report regarding pretreatment program implementation. These pretreatment submission requirements are now incorporated into NJPDES permits using the DEP's New Jersey Environmental Management Systems (NJEMS) database. The NJEMS system also tracks compliance with the submission requirements, indicating what and when such reports are due.

To ensure submission of complete and comprehensive annual reports from the DLAs, the DEP issued an annual report guidance document in April 1992. To facilitate compliance of this reporting requirement for non-delegated local agencies, the DEP is in the early stages of developing a similar document specifically for NLAs.

Guidance for NLAs

Over the preceding 12 months, a large number of NLAs filed annual reports with the DEP. However, without guidance, the submittals varied tremendously, both in content and quality. Since these reports are used by the DEP to help identify dischargers with the potential to cause problems in receiving sewage treatment plants, it is important that they address the following issues:

1. The local agency should attempt to identify all contributory dischargers which meet any criterion in paragraph 1. or 2. of the Significant Indirect User (SIU) definition under N.J.A.C. 7:14A-1.3. In general, these are facilities (other than households and municipal collection systems) that discharge substantial amounts of process wastewater. However, some small facilities (especially those subject to Federal Categorical Pretreatment Standards) are by definition SIUs because of the strength and/or toxicity of potential discharges.

2. If the local agency is unsure whether a discharger is subject to Federal Categorical Pretreatment Standards or is an SIU for other reasons, the report should so indicate, along with available data regarding the discharger.

3. If the local agency is sure that it receives no discharge from SIUs, the annual report may be in the form of a letter indicating that it is submitted to satisfy the annual reporting requirement and that there are no SIUs. The following suggestions apply if there are known or suspect SIUs:

   1. The name, location (and mailing address if different), primary business, and estimated wastewater flow should be indicated for each known and suspect SIU, along with the criteria which classifies them an SIU, and whether the local agency is certain that they are an SIU. It is the local agency's responsibility to identify dischargers and their activities, although the DEP will assist if necessary.

   2. The local agency should not list dischargers which are not SIUs. Generally (but not always), non-SIUs include office buildings, restaurants and retailers.

Some guidance on pretreatment program implementation, as well as development of local discharge limitations, is available on our web site at http://www.state.nj.us/dep/dwq/sius.htm and linked pages. Further information regarding his matter will be forthcoming from the DEP.

A future article will focus on the development of local discharge limitations. If you have any questions on these reporting requirements you may contact Gary Torres, Bureau of Pretreatment and Residuals, at (609) 633-3823.