Significant Indirect Users (SIUs) Regulation

Significant Indirect Users (SIUs) are industrial (non-domestic) dischargers into a sanitary sewer system for further treatment at a publicly owned sewage treatment plant or POTW. If an indirect user meets any of the following criteria, it is classified as a SIU and is required to obtain a permit from the Department or from a delegated local agency depending on where the facility is located.

Frequently Asked Questions

What is a SIU?

Relevant definitions are found in N.J.A.C. 7:14A-1.2 within the NJPDES Regulations, including the following:

“Significant indirect user”* or “SIU” means…

  1. Any user in the State including, but not limited to, any significant industrial user* as defined in 40 CFR 403.3(t) but excluding municipal collection systems, who discharges wastewater into a local agency where:
    i. The user is subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N;
    ii. The user’s average volume of process wastewater** exceeds 25,000 gallons per day;
    iii. The amount of BOD, COD or Suspended Solids in the industrial process wastewater discharge exceeds the mass equivalent of 25,000 gallons per day of the domestic waste of the affected local agency;
    iv. The volume of industrial process wastewater in the discharge exceeds five percent or more of the average daily dry weather flow of the local agency;
    v. The user’s discharge of process wastewater contributes, five percent or more of the daily mass loading of any of the pollutants listed in N.J.A.C. 7:14A-4, Appendix A Tables II through V;
    vi. The user is designated as an SIU by the control authority on the basis that the user has a reasonable potential for adversely affecting the local agency’s operation;
    vii. The user is designated as an SIU by the control authority on the basis that the user has been in violation of any Federal, State, or local pretreatment standard or requirement, including, but not limited to, significant noncompliance as defined in 40 CFR 403.8(f)(2)(vii); or
    viii. The control authority determines it would be consistent with the intent of the Pretreatment Act or State Act to require a permit*** for the indirect user; and
  2. Any user in areas of the State in which the Department is the control authority where:
    i. The user is determined to be a hazardous waste facility that received a permit in accordance with N.J.A.C. 7:26-12;
    ii. The user’s discharge consists of landfill leachate, which is either pure, treated, or diluted; or
    iii. The user’s discharge consists of 25,000 gallons per day or more of process wastewater and/or polluted ground water which is pumped from the ground in order to decontaminate an aquifer…

Notes on the definition of SIU

*Historically, the terms “Significant Indirect User” and “Significant Industrial User” have been used interchangeably. EPA defines “Significant Industrial User” in 40 CFR 403.
**For this purpose, process wastewater includes any wastewater generated by a commercial or industrial activity and any wastewater which comes in contact with it before it enters the public sanitary or combined sewers or POTW treatment works. It does not include domestic sanitary wastewater or non-contact cooling water reaching public sewers through a separate sewer connection.
***Some delegated POTWs require additional classes of users to obtain permits.

When is an SIU Permit from the Department required?

An SIU Permit is required to be obtained for any wastewater to be discharged into a publicly owned sewage treatment plant by an SIU prior to beginning discharge. An existing discharger which becomes aware that it is an SIU must apply for a permit immediately. An existing or proposed discharger planning to modify activities in such a way as to become an SIU must apply at least 180 days prior to the proposed initiation of the relevant discharge, and cannot begin the discharge until the permit is issued.

A specific timeframe for filing an application may be established by the control authority, and is generally specified in any regulations that establishes a new class of SIUs, including any amendment to the Federal Categorical Pretreatment Standards.

To continue discharge, an SIU must continue to have an active SIU permit and to file timely permit renewal applications until and unless the control authority determines that it is no longer necessary.

If you discharge to a non-delegated agency and are not sure if you are an SIU, complete an SIU Determination Request Form  (pdf 133Kb) or e-mail dwq_pretreatment@njdepwptest.net.

Note that some non-delegated POTWs may require their indirect user to comply with additional conditions (which may include a permit or agreement issued by them). A permit, contract or other agreement issued by a non-delegated POTW is not a NJPDES SIU permit and does not eliminate any requirement to obtain or hold a NJPDES SIU permit.

How do I apply for an SIU Permit?

An SIU discharging to a Delegated Local Agency should contact that agency regarding forms and procedures. An SIU discharging to any other New Jersey sewage treatment plant must file an application on specific forms directly with the Department.

Individual Permit For Discharge to POTW (Category L) – https://njdepwptest.net/dwq/permitting_information/permits_application_forms_and_checklists/#SIU

What else must I file?

A user must file a Baseline Report as required by 40 CFR 403.12(b) within 180 days of promulgation of a Federal Categorical Standard applicable to one or more of its activities; or prior to commencing any such activity. An SIU permit or modification of an existing permit may be required prior to discharge. Optional forms are available to assist non-delegated POTW users in determining applicability and filing Baseline Reports.

Individual Permit For Discharge to POTW (Category L) – https://njdepwptest.net/dwq/permitting_information/permits_application_forms_and_checklists/#SIU

Which local agency serves my area?

Your local service area is determined by your location. In the following table, please click on the municipality to find the sewerage authority serving your area. Note: Please be sure that you are using the official name of the municipality. There are several local neighborhoods in New Jersey that have the same names as municipalities, but are not in the same-named municipality.

If your municipality is listed under a local agency, contact that agency first, to determine if you are connected to that agency. Because of ongoing construction and some irregularities in service area boundaries, some locations may not be connected to the indicated agency and may actually be connected to another delegated local agency or to a non-delegated local agency that is not listed on this page. If your municipality is not listed or if the listed local agencies indicate that you are not connected, please email The Pretreatment Program of the Bureau of Surface Water and Pretreatment Permitting or call at (609) 292-4860.

Click here for Local Agency Area Lookup Table

Use the steps below to access NJ-Geo Web to search your address and identify the facility or local agency servicing your sewerage area:

  • Step 1: Go to NJ GeoWeb
  • Step 2: Click “Search”
  • Step 3: Click “Address Search”
  • Step 4: Click “Active Layer”
  • Step 5: Click “Sewer Service Area”
  • Step 6: Click the Identify Icon on the right column
  • Step 7: Move your mouse over your address on the map and click
  • Step 8: Look for “Facility Agency”

What is an SIU Permit?

SIU permits issued by the Department will contain limitations and pretreatment standards and related requirements based upon Federal and State laws and regulations. Additional information is found in N.J.A.C. 7:14A-21, in EPA and the Department basis documents, and in the Technical Manuals for the Division of Water Quality, Bureau of Surface Water and Pretreatment Permitting.

What is a control authority?

A Control Authority is (1) the delegated local agency, in the case of a POTW with an approved pretreatment program that meets the criteria established in 40 CFR Part 403 and that has been approved by the Department; or (2) the Department, in the case of a POTW without an approved pretreatment program.

What are the frequently used basis materials for SIU Permits?

The following list includes frequently used basis documents. Additional technical and regulatory basis documents and data are used when available and appropriate, and are specified in draft and emergency permits.

EPA Basis Documents Frequently Used
The Department Basis Documents
  • State Regulations, including, but not limited to N.J.A.C. 7:14A-1 et seq., as applicable.
  • NJDEP “Field Sampling Procedures Manual” , August, 2005.
  • Facility – Specific Data and Regulations applicable to Specific Categories of Users
  • Analytical data from the receiving local agency (i.e., sewage treatment plant).
  • Analytical data from SIU applications.
  • Monitoring data submitted by existing SIU permittees. Application data for proposed facilities may be compared with data for similar facilities to identify possible errors or areas of concern.
  • Applicable or relevant Federal General and Categorical Pretreatment Standards under 40 CFR Chapter I Subchapter N, adjusted if applicable in accordance with 40 CFR 403.6.
  • Any existing relevant court order, administrative order, or other legal decision by civil, criminal or administrative courts.
  • Duly promulgated regulations and specific requirements of promulgated statutes not requiring regulatory development in order to be implemented.
  • Specific conditions, where applicable, for prevention of slug loadings (sudden unusual releases of pollutants) and/or control of release of wastes which, if otherwise released or discharged, would meet the definition of “hazardous waste” under 40 CFR 261. 6. if appropriate.
  • Performance of existing and proposed wastewater treatment units, and relevant requirements for their operation, as appropriate.
  • Local discharge limitations which conform with N.J.A.C. 7:14A-21.10.