Current through Register Vol. 56, No. 18, September 16, 2024
(a) The following
activities are exempt from the requirements to obtain a NJPDES permit from the
Department:
1. Any direct discharge of sewage from
vessels, effluent from properly functioning marine engines, laundry, shower, and
galley sink wastes, or any other discharge incidental to the normal operation of a
vessel. This exemption does not apply to the following:
i. Rubbish, trash, garbage, or other such
materials discharged overboard; or
ii.
Other discharges when the vessel is operating in a capacity other than as a means of
transportation such as when used as an energy or mining facility, a storage facility
or a seafood processing facility, a residence, or when secured to a storage facility
or a seafood processing facility, or when secured to the bed of the ocean,
contiguous zone, or waters of the United States for the purpose of mineral or oil
exploration or development;
2. Discharges of dredged or fill material into
waters of the United States which are regulated under Section 404 of the Federal
Act;
3. Any discharge in compliance with
the instructions of an On-Scene Coordinator pursuant to 40 CFR 300 (The National Oil
and Hazardous Substances Pollution Plan) or 33 CFR 153.10(e) (Pollution by Oil and
Hazardous Substances), and the State Spill Compensation and Control Act, N.J.S.A.
58:10-23.1 1;
4. Any introduction of
pollutants from nonpoint source agricultural and silvicultural activities, including
runoff from orchards, cultivated crops, pastures, range lands, and forest lands.
This paragraph does not exempt the point source discharges from concentrated animal
feeding operations as defined at
7:14A-1.2, from concentrated aquatic
animal production facilities as defined at N.J.A.C. 7:14A-1.2, from silvicultural
point sources as defined at N.J.A.C. 7:14A-1.2, or to aquaculture projects as
defined at N.J.A.C. 7:14A-1.2;
5. Return
flows from irrigated agriculture;
6.
Indirect users which do not meet the SIU definition in N.J.A.C. 7:14A-1.2;
7. Indirect users which meet the SIU definition in
7:14A-1.2 and discharge to a delegated
local agency. IPP permits issued by delegated local agencies to indirect users under
this chapter are NJPDES permits. An exemption under this section does not limit the
authority of a delegated local agency to require a IPP permit;
8. Discharges into a privately owned treatment
works, except as the Department may otherwise require on a case-by-case basis. In
such a case, the Department shall specify in the statement of basis or fact sheet
prepared in accordance with
7:14A-15.7 and 15.8 the reason for
requiring the user to apply for a permit. Such dischargers shall comply with
N.J.A.C. 7:14A-4;
9. Discharges to
ground water at a facility for which a Hazardous Waste Facility permit is issued
under the Department's Hazardous Waste Rules at N.J.A.C. 7:26G-12, where that permit
includes ground water monitoring and remediation conditions as applicable;
and
10. Discharges to ground water at a
hazardous waste facility, as defined by N.J.A.C. 7:26G-8 and 9, that is undergoing
closure and/or post-closure care under the terms of an enforceable document. For the
purposes of this paragraph, the terms "closure" and "post-closure" have the meanings
set forth at 40 C.F.R. 264 and 265, as incorporated by reference at
7:26G-8.1 and 9.1, respectively, and the
term "enforceable document" has the meaning set forth at
40 C.F.R.
270.1(c)7, as incorporated by
reference at 7:26G-12.1.
(c) An exemption afforded under (a) above shall
not:
1. Limit the administrative, civil, or
criminal liability of any discharger; or
2. Exempt any discharger from approval or permit
requirements under any other provision of law.
(d) The Department may require a NJPDES permit for
the activities otherwise exempt under (a)4 and/or 5 above, in order to impose
appropriate management measures for sources of nonpoint pollution necessary to
achieve and maintain applicable water quality standards. Whenever the Department
determines that a NJPDES permit is required under this section, the Department shall
notify the discharger in writing of the reasons for such a determination and shall
include an application form with such notice. The discharger shall apply under
N.J.A.C. 7:14A-4 for a permit within 60 days of receipt of such notice. In such a
case, comment regarding the appropriateness of the initial determination may be
received during the public comment period under
7:14A-15.11 and in any subsequent
hearing.
