Current through Register Vol. 56, No. 18, September 16, 2024
(a) The NJPDES small MS4
permit shall require at a minimum that the permittee develop, implement, and enforce
a stormwater program designed to reduce the discharge of pollutants from the
permittee's small MS4 to the maximum extent practicable, to protect water quality,
and to satisfy the appropriate water quality requirements of the Federal Act and the
State Act. The stormwater program required under a general permit shall include the
Statewide Basic Requirements (SBRs) that are listed under (b)1 and (b)3 through 8
below (and that may be set forth in more detail in the NJPDES permit). The
stormwater program shall also include any additional measures (AMs) required under
(e) below, and any other control or evaluation measures specified in the NJPDES
permit. At the permittee's discretion, the stormwater program may also include
optional measures (OMs) in accordance with (i) below. Except as provided in
N.J.A.C.
7:14A-25.8(e)1 and (g), this
section and
N.J.A.C.
7:14A-25.7 do not apply to the Tier B Municipal
Stormwater General Permit.
1. Best management
practice (BMP) requirements are generally the most appropriate form of effluent
limitations when designed to satisfy technology-based requirements (including
reductions of pollutants to the maximum extent practicable) and to protect water
quality. Implementation of BMPs (other than OMs) consistent with the provisions of
the stormwater program required pursuant to this section and the provisions of the
NJPDES permit required pursuant to
N.J.A.C.
7:14A-25.2(a) constitutes
compliance with the standard of reducing pollutants to the maximum extent
practicable.
2. The NJPDES permit shall
specify (for the permittee's first permit term) a time period of up to five years
from the date of notification of general permit authorization (or the date of
individual permit issuance) for the permittee to fully develop and implement its
stormwater program for SBRs, and for any other measures specified in the NJPDES
permit. For an AM required under (e) below, the areawide or Statewide water quality
management plan will specify a time period for the permittee to fully develop and
implement its stormwater program for that AM, and that time period will be listed in
the permit when the permit is issued or in a minor modification to the
permit.
3. The permittee shall prepare
and implement a written stormwater pollution prevention plan (SPPP) that describes
the permittee's stormwater program, and identifies the person or persons responsible
for implementing or coordinating that program (including, at the permittee's
discretion, OMs). If the permittee wants to share responsibilities for implementing
one or more control measures (other than OMs) with one or more other entities
pursuant to
N.J.A.C.
7:14A-25.7(a), the SPPP must
describe which measure(s) the permittee will implement, and identify the entity(ies)
that will implement the other measure(s) within the area served by the permittee's
small MS4.
4. The Department shall
include the requirements in
N.J.A.C.
7:14A-25.4 through 25.7 in any NJPDES permit
issued for small MS4s, or develop limits in an individual NJPDES permit based on a
permit application submitted for a small MS4 under
N.J.A.C.
7:14A-25.5 and 25.9.
5. The Department shall issue under
N.J.A.C. 7:14A-6.13
one or more general NJPDES permits for stormwater discharges from small MS4s. The
Department shall make guidance available to assist permittees in the design and
implementation of stormwater programs.
(b) The Statewide Basic Requirements (SBRs) are as
follows:
1. Public involvement/participation: The
permittee shall, at a minimum, comply with applicable State and local public notice
requirements when providing for public participation in the development and
implementation of the permittee's stormwater program.
2. Construction site stormwater runoff control:
This SBR applies to discharges to surface water only. Under
N.J.A.C.
7:14A-25.7(b), any NJPDES permit
issued for small MS4s shall recognize that the Department is responsible for
developing, implementing, and enforcing a NJPDES permit program to reduce pollutants
in stormwater runoff to small MS4s from construction activities that result in a
land disturbance of one acre or more. Reduction of pollutants in stormwater
discharges from construction activity disturbing less than one acre shall be
included in the program if the construction activity is part of a larger common plan
of development or sale that would disturb one acre or more. This program is part of
the NJPDES permit program for stormwater discharges associated with construction
activity addressed under
N.J.A.C.
7:14A-24.10.
3. Post-construction stormwater management in new
development and redevelopment:
i. To prevent or
minimize water quality impacts, the permittee shall develop, implement, and enforce
a program to address stormwater runoff from new development and redevelopment
projects that disturb one acre or more, including projects less than one acre that
are part of a larger common plan of development or sale, that discharge into the
permittee's small MS4. The permittee shall, in its program:
(1) Develop and implement strategies which include
a combination of structural and/or nonstructural BMPs appropriate for the
permittee's small MS4;
(2) Use an
ordinance or other regulatory mechanism to address post-construction runoff from new
development and redevelopment projects to the extent allowable under State law (or
Federal law, if the permittee is a Federal agency); and
(3) Ensure adequate long-term operation and
maintenance of BMPs.
ii. The
program under (b)3i above shall require compliance with the applicable design and
performance standards established under N.J.A.C. 7:8 for major development as
defined in N.J.A.C. 7:8-1, unless:
(1) Those
standards do not apply because of a variance or exemption under N.J.A.C. 7:8;
or
(2) Alternative standards are
applicable under a water quality management plan adopted in accordance with N.J.A.C.
7:15.
iii. The program under
(b)3i above shall also require compliance with standards set forth in the NJPDES
permit to control passage of solid and floatable materials through storm drainage
inlets. For purposes of this subsection, "solid and floatable materials" means
sediment, debris, trash, and other floating, suspended, or settleable
solids.
iv. If the permittee is a
municipality, the municipality shall, in its program under (b)3i above:
(1) Ensure that any residential development and
redevelopment projects that are subject to the Residential Site Improvement
Standards for stormwater management (N.J.A.C. 5:21-7) comply with those standards
(including any exception, waiver, or special area standard that was approved under
N.J.A.C. 5:21-3);
(2) Adopt and
reexamine a municipal stormwater management plan in accordance with N.J.A.C. 7:8;
and
(3) Adopt and implement a municipal
stormwater control ordinance or ordinances in accordance with N.J.A.C. 7:8. The
ordinance(s) shall control stormwater from non-residential development and
redevelopment projects. Where necessary to implement the municipal stormwater
management plan, the ordinance(s) shall also:
(A)
Control aspects of residential development and redevelopment projects that are not
pre-empted by the Residential Site Improvement Standards; and
(B) Set forth special area standards approved by
the Site Improvement Advisory Board for residential development or redevelopment
projects under
N.J.A.C.
5:21-3.5.
4. Public education on stormwater impacts: The
permittee shall implement a public education program about the impacts of stormwater
discharges on surface water and groundwater, and about the steps that the public can
take to reduce pollutants in stormwater runoff. As part of this education program,
the permittee shall inform public employees, businesses, and the general public of
hazards associated with illicit connections and improper disposal of
waste.
5. Prohibiting improper disposal
of waste:
i. The permittee shall develop a map,
showing the location of the end of all MS4 outfall pipes (if any) that are operated
by the permittee, and that discharge within the permittee's jurisdiction to a
surface water body (for example, a lake or pond, the Atlantic Ocean or one of its
estuaries, or a river or stream including an intermittent stream). This map shall
also show the location (and name, where known to the permittee) of all surface water
bodies receiving discharges from those outfall pipes. The permittee shall submit a
copy of this map to the Department if requested.
ii. The permittee shall develop, implement and
enforce a program to detect and eliminate illicit connections to the permittee's
small MS4. The permittee shall, to the extent allowable under State law (or Federal
law, if the permittee is a Federal agency), effectively prohibit, through ordinance
or other regulatory mechanism, illicit connections to the permittee's small MS4, and
implement appropriate enforcement procedures and actions.
iii. The permittee shall, to the extent allowable
under State law (or Federal law, if the permittee is a Federal agency), effectively
prohibit, through ordinance or other regulatory mechanism, other improper disposal
of waste into the permittee's small MS4, and implement appropriate enforcement
procedures and actions. "Improper disposal of waste" does not include any discharge
that is regulated by a NJPDES permit other than the NJPDES permit for discharges
from the permittee's small MS4.
iv. The
permittee shall coordinate its programs under (b)5i, ii and iii above with related
components of the permittee's education program under (b)4
above.
6. Control of solid and
floatable materials: The permittee shall develop and implement an operation and
maintenance program that prevents or reduces the discharge of solid and floatable
materials resulting from the permittee's small MS4. This program is applicable to
areas owned or operated by the permittee (including roads).
7. Maintenance yards and highway service areas:
The permittee shall develop and implement an operation and maintenance program that
prevents or reduces pollutant runoff from maintenance yards and highway service
areas owned or operated by the permittee.
8. Employee training: Using training materials
that are available from USEPA, the Department or another State agency, or other
organizations, the programs under (b)3, (b)5iii, (b)6 and (b)7 above shall include
(where applicable) employee training to prevent and reduce stormwater-related
pollution from activities such as park and open space maintenance, vehicle fleet and
building maintenance, new construction and land disturbances, and stormwater system
maintenance.
(c) For each of
the SBRs listed under (b)1 and (b)3 through 8 above, BMPs and measurable goals shall
be specified or identified as follows:
1. Any
general NJPDES permit for small MS4s shall specify:
i. The BMPs that the permittee or another entity
(see (a)3 above) will implement for each of those SBRs; and
ii. The measurable goals for each of those BMPs
including, as appropriate, an implementation schedule specifying the month and year
in which the permittee or another entity will undertake each required action,
including interim milestones and the frequency of the action.
2. Individual NJPDES permit applications under
N.J.A.C.
7:14A-25.9(d) shall identify the
information in (c)1i and ii above. The individual NJPDES permit as issued may
specify BMPs and measurable goals that are the same as or different from the BMPs
and measurable goals identified in the application.
(d) If, at the time the NJPDES permit is issued,
modified, revoked and reissued, or renewed, a qualifying State or local program
requires the permittee to implement one or more of the SBRs (or SBR components)
listed under (b) above, or of the AMs (or AM components) required under (e) below,
the Department may include conditions in the NJPDES permit that direct the permittee
to follow that qualifying program's requirements rather than the corresponding
requirements under (b) above or (e) below. For purposes of this subsection, a
qualifying State or local program is a State or local municipal stormwater program
that imposes, at a minimum, the relevant requirements under (b) above or (e) below.
This subsection does not apply to the requirements in (b)2 above (construction site
stormwater runoff control), or to the requirements in (b)3 above for compliance with
the Stormwater Management Rules, N.J.A.C. 7:8, and the Residential Site Improvement
Standards, N.J.A.C. 5:21.
(e) The
permittee's stormwater program shall include any additional measures (AMs) required
under this subsection. AMs are non-numeric or numeric effluent limitations that are
expressly required to be included in the stormwater program by an areawide or
Statewide water quality management plan (WQM plan) adopted in accordance with
N.J.A.C. 7:15. AMs may modify, or be in addition to, SBRs listed under (b) above.
1. AMs may be adopted in an areawide or Statewide
WQM plan before or after the Department issues the NJPDES permit. The Department
shall provide written notice of the adoption of the AM to each permittee whose
stormwater program must include that AM, and shall list each adopted AM in the
permit when the permit is issued or in a minor modification to the permit. For AMs
other than numeric effluent limitations, the areawide or Statewide WQM plan shall
specify the BMPs that the permittee or another entity (see (a)3 above and
N.J.A.C.
7:14A-25.8(e)) will implement,
and the measurable goals for each of those BMPs. AMs may be required by:
i. A TMDL approved or established by USEPA, or an
equivalent analysis that determines such AMs are needed to protect water
quality;
ii. A regional stormwater
management plan adopted under N.J.A.C. 7:8; or
iii. Other elements of areawide or Statewide WQM
plans adopted in accordance with N.J.A.C. 7:15.
(f) Whenever a NJPDES permit specifies measures
other than SBRs, AMs, or numeric effluent limitations, the NJPDES permit shall
specify the BMPs that the permittee or another entity (see (a)3 above) shall
implement, and the measurable goals for each of those BMPs.
(g) Permittees shall meet measurable goals
specified under (c), (e) or (f) above in order to demonstrate compliance with SBRs,
AMs, or other measures, respectively. The Department shall make guidance available
for those measures prior to March 3, 2004 (for SBRs), when AMs are adopted in WQM
plans, or when the Department issues the NJPDES permit (for other
measures).
(h) The permittee shall
comply with other applicable NJPDES permit requirements, standards and conditions
established in the individual or general NJPDES permit.
(i) At the permittee's discretion, and to the
extent allowable under law, the stormwater program may also include optional
measures (OMs), which are BMPs that are not implemented for SBRs or AMs (or for
other measures specified in the NJPDES permit), but that prevent or reduce the
pollution of waters of the State. The SPPP shall specifically identify such BMPs (if
any) as OMs, and identify actions to implement those OMs. Failure to implement an OM
identified in the SPPP shall not be considered a violation of the NJPDES permit or
this section.
(j) Requirements for
evaluation, recordkeeping, and reporting are as follows:
1. The permittee shall evaluate compliance with
NJPDES permit conditions, including progress towards achieving the measurable goals
identified for BMPs under (c), (e) or (f) above.
2. The permittee shall keep records required by
the NJPDES permit for at least five years from the date of the record. The
Department may, at any time, extend this period through a written notice in
accordance with
N.J.A.C.
7:14A-6.6(a). The permittee shall
submit these records to the Department if requested. The permittee shall make these
records, including its SPPP, available to the public at reasonable times during
regular business hours (see N.J.A.C. 7:14A-18for confidentiality
provisions).
3. The permittee shall
submit an annual report to the Department unless the permittee is relying on another
entity to satisfy all of its NJPDES permit obligations under
N.J.A.C.
7:14A-25.7(a) (including its
obligation to file the annual report required by this paragraph). The report, which
shall be submitted on a form provided by the Department, shall include:
i. The status of compliance with NJPDES permit
conditions, including progress towards achieving the measurable goals;
ii. For those SBRs or AMs (if any) that give the
permittee a choice of BMPs, identification of the BMP(s) chosen by the permittee
(including any change in any BMP identified in the previous annual report), and a
summary of the actions that the permittee intends to undertake during the next 12
months to implement the chosen BMPs;
iii. A summary of the actions undertaken to
implement OMs, if any; and
iv. Notice
that the permittee is relying on another entity to satisfy some of its NJPDES permit
obligations (if applicable).
