N.J. Admin. Code § 7:14A-10.8

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

Section 7:14A-10.8 - Concentration limits

(a) The Department shall specify in the NJPDES-DGW permit concentration limits in the ground water for hazardous constituents established under 7:14A-10.7. The concentration of a hazardous constituent:

1. Shall not exceed the background level of that constituent in the ground water at the time that limit is specified in the permit;

2. For any of the constituents listed in (a)2i below, shall not exceed the ground water quality criteria of N.J.A.C. 7:9C, or the 40 CFR 264.93 Table 1 concentration, whichever is more stringent, if the background level of the constituent is below the more stringent of the relevant concentration limits for those parameters; or

i. The following constituents shall be evaluated in accordance with (a)2 above: arsenic, silver, barium, endrin, cadmium, lindane, chromium, methoxychlor, lead, toxaphene, mercury, 2, 4-D, selenium, 2, 4, 5-TP Silvex; or

3. Shall not exceed an alternate limit established by the Department under (b) below.

(b) The Department shall establish an alternate concentration limit for a hazardous constituent if it finds that the constituent shall not pose a substantial present or potential hazard to human health or the environment if such alternate concentration limit is not exceeded, 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 wildlife, 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 for those 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-10.8