N.J. Admin. Code § 7:18-9.5

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

Section 7:18-9.5 - Requirements for acute toxicity testing samples

(a) Dilution water samples for acute toxicity testing shall be collected, handled and preserved in accordance with the following requirements:

1. Dilution water is acceptable for use in a toxicity test only if healthy test organisms survive in it through acclimation pursuant to 7:18-7.4(e)3 ii, without showing any signs of stress, including but not limited to, abnormal behavior, discoloration, infection or disease;

2. Dilution water samples shall either be representative of the receiving water system that the effluent is discharged into, or, as designated by the Department in the NJPDES permit, be an alternate or reference water. Dilution water samples shall be collected in the following manner:

i. In non-tidal waters, dilution water samples shall be collected from a location outside of the influence, but upstream of, the effluent, except when the effluent is discharged into the headwaters of the water body. Under those conditions the dilution water sample shall be obtained in accordance with the procedures specified in (a)4 below;

ii. In estuarine waters, dilution water samples shall be collected from a location outside of the influence of the effluent, except when the effluent is discharged into the headwaters of the water body. Under those conditions the dilution water sample shall be obtained in accordance with the procedures specified in (a)4 below. Samples shall also be collected during the outgoing tide up to and during low slack tide;

iii. In marine waters (that is, tidal saltwaters), dilution water samples shall be collected from a location outside of the influence of the effluent being tested;

iv. The sampling location shall be such that the salinity of the sample shall be within the salinity range for the receiving water immediately outside of the effluent mixing zone;

v. When samples are collected from streams or rivers, an integrated sample shall be collected. This is a sample that is collected from bottom to the top of the water column so that the sample collected is proportional to the flow. If only a grab sample can be taken it should be collected at mid-depth in midstream;

vi. When samples are collected from reservoirs or lakes, the effects of seasonal stratification, runoff, and previous rain fall upon the chemical-physical characteristics of the water shall be considered; and

vii. If the receiving water has a natural pH below 5.0 units, then the dilution water samples shall be adjusted to pH of 5.0 prior to their use in test organism acclimation and/or toxicity testing.

3. If the receiving water is influenced by other point sources of pollution so as to disqualify its use as dilution water in accordance with the NJPDES permit, then the dilution water sample(s) shall be either obtained from a location just above the other point sources in the case of streams, or outside the zone of influence of other point sources in the case of other water bodies;

4. If acceptable dilution water cannot be obtained from the receiving water at any location because an effluent is discharged into the receiving water headwaters, then some other unpolluted water, meeting the following requirements, shall be used as an alternate in the following order of preference:

i. Another surface water or groundwater having a natural quality similar to that of the receiving water prior to its pollution may be used; or

ii. Reconstituted or artificial freshwater or saltwater having a natural quality similar to that of the receiving water prior to its pollution may be used; and

iii. An alternate dilution water shall have a total hardness, alkalinity, salinity, and specific conductance within 25 percent and a pH within 0.4 units of the receiving water prior to its pollution, but not less than a pH of 5.0 units;

5. The preparation of reconstituted freshwater or saltwater, as an alternate dilution water, shall comply with the following:

i. Preparation of reconstituted freshwater shall be by the addition of reagent grade chemicals to laboratory pure water as specified in SM16 p. 699-701, or EPA Acute Methods #027F-1993; and

ii. Preparation of a substitute or reconstituted saltwater dilution water shall either be through the use of a hypersaline brine as specified in 7:18-7.4(b)8 ii, by using commercial sea salts, or by the addition of reagent grade chemicals to laboratory pure water as specified in SM16, p. 699-701 or EPA Acute Methods #027F-1993.

6. Alteration of dilution water samples shall be limited to the following:

i. Filtration through screening made of a non-toxic material as specified in 7:18-7.3(a)1. This screening shall have a mesh of two mm or larger for fishes or 0.45 microns or larger for zooplankton and macrocrustaceans; and

ii. Adjustment of the salinity of dilution water samples shall only be by either the addition of laboratory pure water to lower the salinity or by the addition of either a hypersaline brine or artificial sea salts to raise the salinity.

(1) Only a natural water source, meeting the requirements for laboratory grade salt waters, shall be used to produce a hypersaline brine; and

(2) A hypersaline brine shall not exceed a salinity of 100 ppt;

7. Sample collection and transport containers shall meet the requirements listed in 7:18-7.3(a)13. Prior to sample collection all containers shall be rinsed with the dilution water and then filled so that there should be little or no air in the container neck or cap;

8. Dilution water sample storage shall be in covered containers constructed of non-toxic materials as specified in 7:18-7.3(a)13; and

9. Except for samples of laboratory grade water being used as an alternate or reference dilution water as specified in (a)4 above, samples shall not be stored for more than 150 hours and shall be collected as close as possible to the time of use.

(b) Effluent samples for acute toxicity testing shall be collected, handled, and preserved in accordance with the following requirements:

1. The effluent sampling location shall be the same as that specified in the NJPDES permit as the toxicity test analysis sampling point unless otherwise specified by the Department. The Department may specify an alternative sampling location when either of the following conditions occur:

i. When there is better access to the effluent at a point located between the final treatment and the discharge outfall. That point shall be the sampling point; or

ii. When the chlorinated effluent is dechlorinated prior to discharge, and the purpose of the test is to determine the toxicity levels of the dechlorinated effluent. The sampling point shall be located after dechlorination.

2. Samples shall be representative of the discharge, taking into account the plant operating conditions and the retention time of the effluent in the wastewater treatment plant;

3. When performing flow-through toxicity tests the following sampling procedures shall be adhered to in order to insure a representative effluent sample:

i. If the facility discharges continuously, the effluent shall be pumped directly and continuously from the discharge line to the dilutor system for the duration of the test; or

ii. If the facility discharges continuously but the effluent cannot be pumped directly and continuously to the dilutor system, then the following procedures shall be used:

(1) Twenty-four hour composite samples consisting either of equal volumes taken once every hour, or flow-proportionate composite sampling shall be collected and transported to the dilutor daily for the duration of the test. Any surplus from the previous sample is to be discarded and the holding container refilled with fresh effluent sample.

iii. If the facility discharges intermittently, one of the following procedures shall be used:

(1) When the effluent is discharged continuously only during a single work shift, or two successive work shifts, at least one composite sample of sufficient volume to supply the dilutor for 24 hours shall be collected daily during a single discharge period for the duration of the test;

(2) When the facility retains the wastewater during a work shift, then treats and releases it in a batch discharge, a single grab sample of sufficient volume to supply the dilutor for the intervening hours shall be collected and stored in accordance with (b)10 below; and

(3) When the facility discharges wastewater to an estuary during an outgoing tide, a single grab sample or composite sample (as specified by the Department in the NJPDES permit), of sufficient volume to set up the toxicity test shall be collected on the outgoing tide. This procedure is repeated for the duration of flow-through toxicity tests.

4. In order to insure the collection of a representative effluent sample for a static or renewal toxicity test, the following sampling procedures shall be followed:

i. If a static toxicity test is to be conducted, effluent samples shall be collected only at the beginning of the test. If a renewal toxicity test is to be conducted, then effluent samples shall be collected at the beginning of the test and the test solutions renewed at least daily throughout the duration of the test. Sampling for these renewal solutions shall comply with the procedures specified in (b)4ii and iii below, and in (b)5 below;

ii. If the facility discharges wastewater continuously the following procedures shall be used:

(1) Twenty-four hour composite samples consisting of equal volumes collected at least once every hour or a flow proportionate 24 hour composite sample shall be collected and used to set up a single toxicity test. This procedure is repeated for the duration of renewal toxicity tests.

iii. If the facility discharges wastewater intermittently one of the following procedures shall be used:

(1) When the effluent is discharged continuously only during a single work shift, or two successive work shifts, at least one composite sample, of sufficient volume to set up the toxicity test, shall be collected. This procedure is repeated for the duration of renewal toxicity test;

(2) When a facility retains the wastewater during a work shift, then treats and releases it in a batch discharge, a grab sample shall be collected during the discharge period. Sufficient volume of sample shall be collected for the set up and renewal of the toxicity test during the hours intervening between effluent discharges. Effluent samples shall be collected and stored in accordance with (b)10 below; and

(3) When the facility discharges wastewater to an estuary only during an outgoing tide, a single grab sample or composite sample (as specified by the Department in the NJPDES permit), of sufficient volume to set up the toxicity test shall be collected on the outgoing tide. This procedure is repeated for the duration of renewal toxicity tests.

5. When the effluent to be sampled is a stormwater discharge, the following sampling procedures shall be used for static, renewal, and flow through toxicity tests:

i. The stormwater discharge shall be a grab or composite sample either directly from the discharge pipe during the precipitation event or from the retention pond during or immediately after the precipitation event unless otherwise specified by the Department in the NJPDES permit; and

ii. Sufficient sample shall be collected during runoff from a precipitation event on the first day of sampling to provide either for the set up and renewal, where applicable, or the static or renewal toxicity test over its duration, or for the uninterrupted operation of the dilutor system over the duration of the flow through toxicity test. Samples shall be collected in this manner for each day the discharge persists during the test period. Test sample renewal shall be conducted with the newest sample available during the test period. Stormwater samples not used immediately shall be stored in approved containers as specified in 7:18-7.3(a)14, and preserved at 1.0 to 4.4 degrees Celsius. Samples shall not be stored for longer than 120 hours prior to use.

6. Alteration of effluent samples shall be limited to:

i. Filtration through screening having a mesh of two mm or larger;

ii. Introduction of dry artificial sea salts or a hypersaline brine for the purpose of adjusting the effluent test concentration salinity according to the procedures specified in 7:18-7.5(o);

iii. A laboratory may adjust an effluent sample using a dechlorinating agent to reduce the level of chlorine in an effluent sample. Since anhydrous sodium thiosulfate and other dechlorinating agents may contribute to sample toxicity, the laboratory shall include an additional control containing the dechlorinating agent in the acute toxicity test, in addition to the control chambers specified in 7:18-7.5(b)5. The amount of dechlorinating agent in the control shall be equal to that contained in the highest effluent concentration tested. The laboratory shall document and report adjustments and treatments of the effluent along with the test results. The laboratory shall include in the documentation the type and amount of dechlorinating agent which is added and the chlorine levels before and after dechlorination.

7. Composite or grab sample collection and handling containers shall meet the requirements listed in 7:18-7.3(a)14. Prior to sample collection, containers shall either be rinsed with the effluent or laboratory pure water, as specified in 7:18-7.4(a), and then filled so that there should be no air space in either the neck or the top of the container;

8. Effluent samples shall be stored in covered, sealed, containers constructed on non-toxic materials as specified in 7:18-7.3(a) 14;

9. Unless the purpose of the toxicity test is to ascertain the persistence of the toxic materials in an effluent, testing shall begin within 36 hours of the collection of an effluent. For stormwater discharge, the toxicity tests shall begin within 48 hours of collection conducted in accordance with (b)5 above; and

10. Samples that are collected for offsite testing shall be chilled during or immediately after collection until adjustment to the test temperature prior to initiating the test. When the sample arrives at the laboratory, the laboratory shall log the sample in, measure the temperature of the sample, and record the temperature on the chain-of-custody form and the raw data sheet. If samples are not immediately prepared for testing, the laboratory shall store them between 1.0 and 4.4 degrees Celsius until used.

(c) The following chain-of-custody procedures shall be followed for effluent and dilution water for all composite and grab samples in acute toxicity testing.

1. Only clean or new containers, as specified in 7:18-7.3(a)13 and 14, previously rinsed with either laboratory pure water or the material being sampled, shall be used for taking composite or grab samples;

2. Labels with an identification number shall be affixed to all samples;

3. After a sample has been collected, the appropriate information as to identity of the sample shall be written on the label and the label affixed. The label shall remain affixed until the test has begun and the surplus sample has been discarded;

4. Immediately upon delivery of a sample to the certified environmental laboratory, the sample collector shall complete the appropriate chain-of-custody section of the sample report form or chain-of-custody form;

5. The chain-of-custody form shall list at a minimum the following information:

i. The sample number;

ii. The description of samples;

iii. The specific location of sample collection;

iv. The identity of the person collecting the sample;

v. The date and time of sample collection;

vi. The date and time of custody transfer to laboratory (if the sample was collected by a person other than laboratory personnel);

vii. The identity of the person accepting custody (if the sample was collected by a person other than laboratory personnel);

viii. The date and time of initiation of analyses;

ix. The identity of the person performing analysis; and

x. The name and identification number of environmental laboratory performing the analyses; and

6. The laboratory personnel accepting responsibility for the sample, as well as all other laboratory personnel performing the analysis on that sample, shall sign the form containing the chain-of-custody information.

N.J. Admin. Code § 7:18-9.5

Administrative change.
See: 28 New Jersey Register 4098(a).
Amended by R.1997 d.192, effective 5/19/1997.
See: 28 New Jersey Register 4149(a), 29 New Jersey Register 2275(a).
In (b)9, changed time for toxicity testing from "24" to "36" hours; and substantially amended (b)10.