New Jersey Wastewater Variances regulations & environmental compliance analysis

New Jersey Wastewater Variances: What you need to know

Governing Law and Regulations

Variances from effluent limitations: New Jersey Administrative Code (NJAC) 7:14A-11.7

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Combined sewer overflow (CSO): NJAC 7:14A-11, Appendix C

Fundamental different factors (FDF) variance: NJAC 7:14A-21.5

Regulatory Agencies

New Jersey Department of Environmental Protection (DEP) Division of Water Quality

U.S. Environmental Protection Agency (EPA) Region 2

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. New Jersey's regulations generally reflect those established under federal guidelines for variances from effluent limitations or categorical pretreatment standards. See the national section WASTEWATER VARIANCES for federal requirements for a wastewater variance. New Jersey has also adopted the federal water quality variance policy for combined sewer overflows.

The state has established procedures for decisions for thermal discharges under Section 316(a) of the Clean Water Act in NJAC 7:14A-11.11. For additional guidance, see the state section THERMAL DISCHARGES.

Administration and enforcement. DEP's Division of Water Quality administers and enforces the water quality rules in New Jersey, including variance requests under the state's National Pollutant Discharge Elimination System (NPDES) permit program.

State Requirements


NJAC 7:14A-21.5

The state has established provisions for any interested person believing that factors relating to an indirect user are fundamentally different from the factors considered during development of a categorical pretreatment standard applicable to that indirect user. The existence of those factors ...

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