N.J. Admin. Code § 7:14A-10.7

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:14A-10.7 - Hazardous constituents

(a) The Department shall specify in the NJPDES-DGW permit the hazardous constituents to which the ground water protection standard of 7:14A-10.6 applies. Hazardous constituents are constituents identified in 40 CFR Part 261 Appendix VIII that have been detected in ground water in the uppermost aquifer under lying a hazardous waste facility unit and that are reasonably expected to be in or derived from waste contained in a hazardous waste facility unit, unless the Department has excluded them under (b) below.

(b) The Department shall exclude a 40 CFR Part 261 Appendix VIII constituent from the list of hazardous constituents specified in the NJPDES-DGW permit if it finds that the constituent is not capable of posing a substantial present or potential hazard to human health or the environment based on the following:

1. Potential adverse effects on ground water quality, considering:

i. The physical and chemical characteristics of the waste in the hazardous waste facility unit, including its potential for migration;

ii. The hydrogeological characteristics of the facility and surrounding land;

iii. The quantity of ground water and the direction of ground water flow:

iv. The proximity and withdrawal rates of ground water users;

v. The current and future uses of ground water in the area;

vi. The existing quality of ground water, including other sources of contamination and their cumulative impact on the ground water quality;

vii. The potential for health risks caused by human exposure to waste constituents;

viii. The potential damage to wild life, crops, vegetation, and physical structures caused by exposure to waste constituents; and

ix. The persistence and permanence of the potential adverse effects;

2. Potential adverse effects on hydraulically connected surface water quality, considering:

i. The volume and physical and chemical characteristics of the waste in the hazardous waste facility unit;

ii. The hydrogeological characteristics of the facility and surrounding land;

iii. The quantity and quality of ground water, and the direction of ground water flow;

iv. The patterns of rainfall in the region;

v. The proximity of the hazardous waste facility unit to surface waters;

vi. The current and future uses of surface waters in the area and any water quality standards established for those surface waters;

vii. The existing quality of surface water, including other sources of contamination and the cumulative impact on surface water quality;

viii. The potential for health risks caused by human exposure to waste constituents;

ix. The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; and

x. The persistence and permanence of the potential adverse effects.

(c) In making any determination under (b) above, the Department shall assess any identified underground sources of drinking water.

N.J. Admin. Code § 7:14A-10.7