Current through Register Vol. 56, No. 18, September 16, 2024
(a) A NJPDES permit is
required for the stormwater discharges to surface water or groundwater identified in
(a)1 through 4 below. The operating entities for those discharges shall apply for a
NJPDES permit in accordance with
7:14A-25.4(a) and
25.5(a).
1. Tier A municipalities: All stormwater
discharges from small MS4s that are owned or operated by and located in a
municipality that is assigned to Tier A under
7:14A-25.3(a)1;
2. Public complexes: All stormwater discharges
from small MS4s that are owned or operated by a county, State, interstate, or
Federal agency at a "public complex" located entirely or partially in a municipality
that is assigned to Tier A under
7:14A-25.3(a)1, or in a
municipality that receives a waiver under (d) below. For purposes of this
subsection, a "public complex" is a single lot (or two or more lots that are
contiguous or on a college or university campus) which contains at least two
buildings owned or operated by the same governmental entity, and:
i. Is at a campus of a college or university which
Statewide has a combined total of at least 1,000 employees (usually present at least
six hours per day on weekdays) or full-time students; or
ii. Is at any other public facility (for example,
a military base, hospital, prison, or general administration facility), and has a
combined total of at least 1,000 employees, military personnel, or residents
(including patients or prisoners) usually present at least six hours per day on
weekdays.
3. Highways or
other thoroughfares: All stormwater discharges from small MS4s that are owned or
operated by a county, State, interstate, or Federal agency at a highway or other
thoroughfare (including a maintenance or service facility or rest area for such a
thoroughfare). For purposes of this subsection, a "highway or other thoroughfare"
does not include:
i. Any thoroughfare confined to
the grounds of a single building, or of two or more buildings that are not a "public
complex" as described under (a)2 above (unless that building(s) is a maintenance or
service facility for a highway or other thoroughfare not confined to such
grounds);
ii. Any thoroughfare confined
to the grounds of a "public complex" (each such thoroughfare is instead considered
part of the "public complex"); or
iii.
Any thoroughfare (other than the Palisades Interstate Parkway) confined to an
officially designated park, forest, recreational area, natural area, wildlife
management area, or area set aside for water supply protection.
4. Special designations: All of the following
stormwater discharges from municipal separate storm sewers (which for purposes of
this paragraph does not include "large" or "medium" municipal separate storm sewer
systems, or separate storm sewers in very discrete areas, such as individual
buildings):
i. All stormwater discharges from
municipal separate storm sewers that the Department designates as "small MS4s that
contribute substantially to the pollutant loadings of a physically interconnected
municipal separate storm sewer that requires a NJPDES permit" under this subsection,
or under 7:14A-24.2(a)5, 7 or
9;
ii. All stormwater discharges that
are from municipal separate storm sewers, and that are designated under
7:14A-24.2(a)7 or
9;
iii. All stormwater discharges that
are from municipal separate storm sewers, and that are determined to require a
NJPDES permit in response to a petition under
7:14A-24.3;
iv. All stormwater discharges whose operating
entity is granted a waiver under (d) below, but that are subsequently determined to
require a NJPDES permit under (e) below; and
v. All stormwater discharges from municipal
separate storm sewers designated by USEPA under
40
C.F.R. 123.35(b).
(b) Each municipality that
is assigned to Tier B under
7:14A-25.3(a)2, and
that operates a small MS4 that discharges to surface water or groundwater, shall
apply for the Tier B Municipal Stormwater General Permit under
N.J.A.C.
7:14A-25.8.
(c) All stormwater discharges to surface water or
groundwater that are from small MS4s but not identified under (a) or (b) above are
exempt from the requirement to obtain a NJPDES permit from the Department, except as
provided in 7:14A-8.3, Prohibition of underground
injection.
(d) The duty to obtain a
permit under section 402 of the Federal Act (
33 U.S.C. §
1342) is waived for all operating entities for
each small MS4 that is:
1. Owned or operated by
and located in a municipality that is assigned to Tier B under
7:14A-25.3(a)2;
and
2. Located within an urbanized area
as determined by the 2000 Decennial Census by the Bureau of the Census or a
subsequent and superseding Decennial Census.
3. This waiver applies solely to stormwater
discharges from the small MS4s meeting the criteria at (d)1 and 2 above to surface
waters of the State, and is subject to (e) below. This waiver does not exempt any
Tier B municipality from the duty to obtain the Tier B Municipal Stormwater General
Permit where required under (b) above.
4. The Department shall publish in the New Jersey
Register a notice of administrative change revising (as appropriate under this
subsection or (e) below) the list of municipalities in the table below, and shall
mail notice of such revision to the affected municipality(ies) and county(ies). Each
notice under this subsection shall identify the reason for the revision. The list in
this table is for informational purposes only. Any person may obtain the most
current list of municipalities to which the waiver applies and which are assigned to
Tier B from the Department's Division of Water Quality, Bureau of Nonpoint Pollution
Control at PO Box 029, Trenton, New Jersey 08625, or from the Division's website
(
http://www.state.nj.us/dep/dwq).
Municipalities to which Waiver Applies and which Are Assigned to
Tier B
| Atlantic County |
| Estell Manor City |
| Bergen County |
| Ridgefield Park Village |
| Rockleigh Borough |
| Teterboro Borough |
| Burlington County |
| Chesterfield Township |
| Fieldsboro Borough |
| Springfield Township |
| Camden County |
| Pine Valley Borough |
| Tavistock Borough |
| Cumberland County |
| Deerfield Township |
| Gloucester County |
| Elk Township |
| Woolwich Township |
| Hudson County |
| Hoboken City |
| Hunterdon County |
| Bethlehem Township |
| Bloomsbury Borough |
| East Amwell Township |
| Franklin Township |
| Lebanon Township |
| Tewksbury Township |
| Union Township |
| West Amwell Township |
| Monmouth County |
| Interlaken Borough |
| Upper Freehold Township |
| Morris County |
| Harding Township |
| Salem County |
| Oldmans Township |
| Upper Pittsgrove Township |
| Somerset County |
| Far Hills Borough |
| Millstone Borough |
| Rocky Hill Borough |
| Sussex County |
| Andover Borough |
| Fredon Township |
| Warren County |
| Allamuchy Township |
| Harmony Township |
(e) The waiver under (d) above is based on the
fact that the small MS4s identified do not have any of the characteristics set forth
in (e)1 or 2 below, and based on the presumption that those small MS4s are of such
minimal extent and serve such a small population that none of their stormwater
discharges have any of the characteristics set forth in (e)3i through iii below. An
operating entity to which the waiver applies may subsequently be required to apply
for a NJPDES permit under (a) above if circumstances change. The Department shall
require any operating entity to which the waiver applies to apply for a NJPDES
permit under (a) above for a stormwater discharge from that entity's small MS4 if:
1. The municipality in which the small MS4 is
located is reassigned from Tier B to Tier A in accordance with
7:14A-25.3(a)1 (for a
reason other than the review under this subsection of the operating entity's
waiver);
2. That stormwater discharge is
identified under (a)4ii, iii or v above (special designations); or
3. Information specific to the small MS4
demonstrates to the Department's satisfaction that the stormwater discharge from the
small MS4:
i. Contributes substantially to the
pollutant loadings of a physically interconnected MS4 (see (a)4i above) that
requires a NJPDES permit under (a) above;
ii. Contains a pollutant(s) for which stormwater
controls have been established as part of a USEPA approved or established "total
maximum daily load" (TMDL) that addresses the pollutant(s) of concern; or
iii. Requires an individual UIC permit under
7:14A-8.5(d).
(f) Whenever a NJPDES permit
is required under (a)4 above (special designations), or a municipality is assigned
to Tier A under 7:14A-25.3(a)1 v, the
Department shall notify the operating entity in writing of the reasons for such a
determination, and shall include instructions on how to apply for a NJPDES permit.
1. If the operating entity applies for an
individual NJPDES permit in response to such notice, 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, unless the reason for that determination was a decision made by USEPA under
40
C.F.R. 122.26(a)(9)(i)(C) or
(a)(9)(i)(D), or under
40
C.F.R. 123.35(b) or
(c).
2. If the operating entity is a municipality that
has applied for or received authorization under the Tier B Municipal Stormwater
General Permit (see
7:14A-25.8) , the applicable
requirements of 7:14A-6.13 shall also be
followed.
