New Jersey § 58:10a-8

§ 58:10a-8.

Whenever the commissioner finds that discharges from a point source or a group of

point sources with the application of the effluent limitations authorized in this

act, which effluent limitations are as stringent as the best available technology

economically achievable as provided for in the Federal Act 1 or State law, would interfere with the attainment and maintenance of applicable water

quality standards, the commissioner may establish more stringent effluent limitations

for each such point source or group of point sources, which effluent limitations can

reasonably be expected to contribute to the attainment and maintenance of the applicable

water quality standards. Prior to the establishment of any more stringent effluent limitations under this

section, the commissioner shall publish a notice of his intent to establish such limitations

and, upon request of a person affected by any such limitations, the commissioner shall

hold a public hearing to determine if there is a reasonable relationship between the

economic and social costs of achieving such limitations, including any economic or

social dislocation in the affected community or communities, and the social and environmental

benefits to be obtained, including the objective of restoring and maintaining the

water quality of the State, and to determine whether such effluent limitations can

be implemented with available technology or with other control strategies. If a person affected by any such limitations demonstrates at the hearing that there

is no reasonable relationship between the economic and social costs of compliance

and the benefits to be obtained, the commissioner shall modify any such limitations

as they may apply to that person. 1

P.L. 92-500; 33 U.S.C.A. § 1251 et seq.