Current through Register Vol. 56, No. 24, December 18, 2024
(a)
Subject to the limitations and provisions in (g), (i) and (j) below, an
operating entity for an industrial facility is excluded from the requirement to
obtain a NJPDES DSW permit for discharge(s) composed entirely of stormwater if:
1. There is "Permanent No Exposure" of
industrial materials and activities to rain, snow, snowmelt and/or runoff and
runon discharged to surface water; and
2. The operating entity satisfies the
conditions in (d) below.
(b) Discharges that qualify for this
exclusion are not "stormwater discharges associated with industrial activity"
as defined in
N.J.A.C.
7:14A-1.2.
(c) For purposes of this section:
1. "Permanent No Exposure" means that all
industrial materials are stored and/or all industrial activities are performed
inside a permanent building or permanent structure that is anchored to a
permanent foundation, and that is completely roofed and walled (except as
provided in (f) below).
2.
"Industrial materials and activities" include, but are not limited to, material
handling equipment or activities, industrial machinery, raw materials,
intermediate products, by-products, final products, or waste products. Material
handling activities include the storage, loading and unloading, transportation,
or conveyance of any raw material, intermediate product, by-product, final
product or waste product.
(d) To qualify for this exclusion, the
operating entity for the industrial facility shall:
1. Attain the condition of "Permanent No
Exposure" identified under (a)1 above;
2. Complete and sign in accordance with
N.J.A.C.
7:14A-4.9 the Department's "Permanent No
Exposure Certification" form (see (h) below);
3. Submit the signed certification to the
Department once every five years;
4. Allow the Department to inspect the
facility to verify that the operating entity meets the applicable conditions,
and to make inspection reports available to the public upon request;
and
5. For facilities that
discharge through a municipal separate storm sewer system (MS4), and at the
request of that MS4's operating entity, submit a copy of the "Permanent No
Exposure Certification" to that entity, and allow inspection and public
reporting by that entity.
(e) The exclusion is not transferable. In the
event that the operating entity changes, the new operating entity must submit a
new "Permanent No Exposure Certification" and is subject to the same conditions
in (d) above.
(f) To qualify for
this exclusion, a permanent building or permanent structure is not required
for:
1. Dumpsters or other rigid containers
of similar or larger size, that are used only for routine collection and
temporary storage of industrial or other waste materials generated at the
facility, and that are watertight, leak proof, and covered, with no visible
residue or contamination on the external exposed surfaces;
2. Adequately maintained vehicles in normal
operating condition used in material handling; and
3. Pipe that is not deteriorated and does not
leak, and that is installed for use in the transportation or conveyance of
materials at or through the facility. For purposes of this paragraph, "pipe"
does not include pumps, inlet valves, or outlet valves.
(g) This exclusion is subject to the
following limitations:
1. Stormwater
discharges from construction activities as described under subparagraph 1x of
the definition of "stormwater discharge associated with industrial activity" in
N.J.A.C.
7:14A-1.2, and "stormwater discharge
associated with small construction activity" as defined at
N.J.A.C.
7:14A-1.2, are not eligible for this
exclusion.
2. This exclusion is
available on a facility-wide basis only, not for individual outfalls or
drainage areas.
3. If circumstances
change and industrial materials or activities become exposed to rain, snow,
snowmelt, and/or runoff and runon discharged to surface water (except as
provided in (f) above), the conditions for this exclusion no longer apply. In
such cases, a NJPDES permit shall be obtained for the discharge and the
discharge becomes subject to enforcement as an unpermitted discharge of
stormwater associated with industrial activity unless and until a permit is
obtained.
i. Any conditionally exempt
discharger who anticipates changes in circumstances should submit an
application or RFA and obtain a NJPDES permit authorization prior to the change
of circumstances.
4.
Notwithstanding the provisions of this section, the Department retains the
authority to require an operating entity to submit an application or RFA (and
deny this exclusion) upon making a determination that any stormwater discharge
from the facility causes, has a reasonable potential to cause, or contributes
to an excursion in surface waters above an applicable surface water quality
standard, including designated uses.
5. This section does not exclude any
operating entity for a municipal separate storm sewer system (MS4) from any
requirement under N.J.A.C. 7:14A-24 or 25 to obtain a NJPDES permit for
stormwater discharge from the MS4.
(h) A completed "Permanent No Exposure
Certification" shall include all of the following information, and must be
submitted on a form provided by the Department:
1. The name, mailing address and phone number
of the operating entity;
2. The
name, address, and location of the facility;
3. A statement that the person signing the
certification has read and understands the eligibility requirements for
claiming a condition of "Permanent No Exposure" and obtaining this exclusion;
and
4. A statement that the
operating entity has attained the condition of "Permanent No Exposure"
identified under (a)1 above, and understands its obligation to comply with all
applicable conditions for the exclusion under (d) above, and to apply for a
NJPDES permit prior to any discharge of stormwater associated with industrial
activity from the facility.
(i) For an operating entity that is
authorized to discharge stormwater under a valid NJPDES permit, the Department
shall perform an inspection to confirm that all applicable conditions for the
exclusion under (d) above have been met prior to modifying the permit to delete
such discharge in accordance with
N.J.A.C.
7:14A-16.4(b)1, revoking the
permit in accordance with
N.J.A.C.
7:14A-16.6(a)4, or revoking
authorization under a general permit in accordance with
N.J.A.C.
7:14A-6.13(j).
1. If the Department confirms that all
applicable conditions for the exclusion have been met, the modification or
revocation shall be effective as of the date of the Department's receipt of the
"Permanent No Exposure Certification."
i.
Until the operating entity receives a final modification or revocation from the
Department, the operating entity's authorization under the NJPDES permit and
all conditions of the permit, including any monitoring and reporting
requirements, remain fully effective and enforceable with respect to the
stormwater discharge.
2.
Based on an inspection of the facility, if the Department determines that one
or more applicable conditions for the exclusion have not been met, the
Department will respond in writing with the reasons for the denial. The
operating entity's authorization under the NJPDES permit and all conditions of
the permit remain fully effective and enforceable.
(j) For an operating entity that is not
authorized to discharge stormwater under a valid NJPDES permit, the conditional
exclusion shall be effective as of the date of the Department's receipt of the
"Permanent No Exposure Certification" if the conditions of this section have
been satisfied.
1. If the Department inspects
the facility in accordance with (d)4 above and determines that any condition of
this section has not been satisfied, the Department shall deny the conditional
exclusion and require the operating entity to submit a permit application or
RFA for the stormwater discharge associated with industrial activity.
