Current through Register Vol. 56, No. 24, December 18, 2024
(a) The Department shall issue a general
permit to authorize a category of surface water, ground water, or indirect
discharges, residual use or disposal practices, or facilities within a
geographic area, described in (b) below, except those otherwise eligible for
authorization but which are authorized pursuant to individual permits or other
general permits. The area shall correspond to existing geographic or political
boundaries, such as:
1. Designated planning
areas under Sections 208 and 303 of the Federal Act and Section 5 of the "New
Jersey Water Quality Planning Act",
N.J.S.A. 58:11A-1 et seq.;
2. Sewer districts or sewerage
agencies;
3. City, county, or State
political boundaries;
4. State
highway systems;
5. Standard
metropolitan statistical areas as defined by the Office of Management and
Budget;
6. Urbanized areas as
designated by the Bureau of Census according to criteria in 39 FR 15202 (May 1,
1974); or
7. Any other appropriate
division or combination of boundaries.
(b) A general permit may be written to
regulate within the area described in (a) above, either:
1. Stormwater discharges;
2. Non-contact cooling water
discharges;
3. Combined sewer
overflows; or
4. A category of
discharges other than those listed in (b)1 through 3 above, if they all:
i. Involve the same or substantially similar
types of operations;
ii. Discharge
the same type of wastes or engage in similar residual use or disposal
practices;
iii. Require the same or
similar effluent limitations, operating conditions, or standards for residual
use or disposal;
iv. Require the
same or similar monitoring; and
v.
In the opinion of the Department, are more appropriately controlled under a
general permit than under individual permits.
(c) General permits may be issued, modified,
revoked and reissued, suspended, or revoked in accordance with applicable
requirements of N.J.A.C. 7:14A-15, 16 and 17. The Department shall publish in
the New Jersey Register a notice of administrative change revising the list of
general permits in the table below to reflect any of these general permit
actions. The list in this table is for informational purposes only. The
Department advises prospective applicants to obtain a copy of the most recent
general permit list from the Department's Division of Water Quality at PO Box
029, Trenton, New Jersey 08625, or from the Division's website (http://www.state.nj.us/dep/dwq). A
copy of any general permit on the list may be obtained from the same address.
| NJPDES | Discharge | Year |
| Permit
No. | Category | Name of General
Permit | Type<1> | Issued |
| NJ0108308 | I1 | Stormwater Basins at
Sanitary Landfills | DGW | 2007, modified |
| in 2007 |
| NJ0108642 | I2 | Potable Water Treatment
Plant |
| Basins and Drying Beds |
DGW |
2003 |
| NJ0130281 | T1 | Existing Sanitary
Subsurface |
| Disposal Systems |
DGW |
2008 |
| NJ0142051 | LSI | Lined Surface
Impoundment | DGW | 2009 |
| NJ0138622 | R7 | Wood
Recyclers | DGW | 2007 |
| NJ0168416 | K2 | Dental Facilities
Onsite | DGW | 2007 |
| Wastewater Treatment Systems |
| NJ0138631 | R8 | Concentrated Animal
Feeding Operation (CAFO) | DGW/DSW | 2008 |
| NJ0107671 | SM | Scrap Metal
Processing/Auto Recycling | DGW/DSW | 2005 |
| NJ0088315 | 5G2 | Basic Industrial
Stormwater | DGW/DSW | 2007 |
| NJ0141852 | R9 | Tier A Municipal
Stormwater | DGW/DSW | 2009 |
| NJ0141861 | R10 | Tier B Municipal
Stormwater | DGW/DSW | 2009 |
| NJ0141879 | R11 | Public Complex
Stormwater | DGW/DSW | 2009 |
| NJ0141887 | R12 | Highway Agency
Stormwater | DGW/DSW | 2009 |
| NJ0141950 | R13 | Mining and Quarrying
ActivityStormwater | DGW/DSW | 2005, modified |
| in 2007 |
| NJ0088323 | 5G3 | Construction Activity
Stormwater | DSW | 2007, modified |
| in 2009 |
| NJ0108456 | CPM | Concrete Products
Manufacturing Stormwater | DGW/DSW | 2003, modified |
| in 2008 |
| NJ0134791 | R5 | Newark Airport Complex
Stormwater | DSW | 2005 |
| NJ0132721 | R4 | Hot Mix Asphalt Producers
Stormwater | DGW/DSW | 2009 |
| NJ0070203 | CG | Non-contact Cooling
Water | DSW | 2006 |
| NJ0102709 | B4B | Groundwater Petroleum
Product Clean-up | DSW | 2008 |
| NJ0142581 | ABR | Wastewater Beneficial
Reuse | DSW | 2006 |
| NJ0155438 | BGR | Groundwater Remediation
Cleanup | DSW | 2005 |
| NJ0105023 | CSO | Combined Sewer
Systems | DSW | 2004, modified |
| in 2006 |
| NJ0128589 | B6 | Swimming Pool
Discharges | DSW | 1998 |
| NJ0132993 | BG | Hydrostatic Test
Water | DSW | 2005 |
| NJ0134511 | B7 | Construction
Dewatering | DSW | 2005 |
| NJ0105767 | EG | Land Application Food
Processing Residuals | RES | 2003 |
| NJ0132519 | ZG | Residuals Transfer
Facilities | RES | 2004 |
| NJ0132501 | 4G | Residuals--Reed
Beds | RES | 2008 |
| <1> Acronyms identifying "Discharge
Type" have the following meanings: |
| DGW | Discharge to Groundwater |
| DSW | Discharge to Surface Water |
| RES | Residual Use or Disposal |
(d)
An authorization under a general permit shall be obtained as follows:
1. Except as provided in (d)7 and 8 below,
persons seeking authorization under a general permit shall submit to the
Department a written request for authorization. A person who fails to submit a
request for authorization in accordance with the terms of the permit is not
authorized to discharge under the terms of the general permit unless:
i. The general permit, in accordance with
(d)7 below, contains a provision that a request for authorization is not
required; or
ii. The Department
notifies a person that the discharge is authorized by a general permit in
accordance with (d)8 below.
2. The contents of the request for
authorization shall be specified in the general permit and shall require the
submission of information necessary for adequate program implementation,
including, at a minimum, the legal name and address of the owner and operating
entity, the facility name and address, type of facility or discharges, the
receiving surface or ground water(s) or DTW, and the certification required
under (d)3 below. Unless the general permit specifies otherwise, the request
for authorization shall include all of the forms, information, signatures, and
certification(s) that this chapter requires to be included in an application
for a NJPDES permit. The request for authorization shall also include any other
certification specified in the general permit.
3. In addition to the information required
under (d)2 above, the request for authorization shall include, when specified
in the general permit, a certification that arrangements have been made for
publication, in a daily or weekly newspaper within the area affected by the
facility, of a notice which states that a request for authorization under a
general permit has been submitted pursuant to
N.J.A.C.
7:14A-6.13(d). This notice
shall also identify the general permit under which authorization is sought, the
legal name and address of the owner and operating entity or, the facility name
and address, type of facility or discharges, and the receiving surface or
ground water(s) or DTW. Each general permit shall set forth the form of notice
appropriate to that general permit.
4. General permits shall specify the
deadlines for submitting requests for authorization and the date(s) when a
person is authorized to discharge under the permit.
5. General permits shall specify whether a
person that has submitted a complete and timely request for authorization in
accordance with the general permit, and that is eligible for authorization
under the permit, is authorized to discharge in accordance with the permit
either upon:
i. Receipt of the request for
authorization by the Department, after a waiting period specified in the
general permit, where applicable;
ii. On a date specified in the general
permit; or
iii. Upon the person's
receipt of notification of authorization by the Department.
6. Authorization may be suspended,
revoked, or denied in accordance with (j) through (m) below. The Department
shall publish in the DEP Bulletin, or other similar DEP publication, a
quarterly report of each authorization issued under a general permit.
7. Discharges from DTWs, combined sewer
overflows, municipal separate storm sewer systems, primary industrial
facilities, and stormwater discharges associated with industrial activity shall
submit a request for authorization to the Department. Other discharges may, at
the discretion of the Department, be authorized under a general permit without
submission of a request for authorization where the Department finds that a
request for authorization requirement is inappropriate. The Department shall
provide in the public notice of the general permit the reasons for not
requiring a request for authorization. In making such a finding, the Department
shall consider:
i. The type of
discharges;
ii. The expected nature
of the discharges;
iii. The
potential for toxic and conventional pollutants in the discharges;
iv. The expected volume of the
discharges;
v. Other means of
identifying discharges authorized by the permit; and
vi. The estimated number of discharges to be
authorized by the permit.
8. The Department may notify a person that
the discharge is authorized by a general permit, even if the person has not
submitted a request for authorization. A person so notified may nonetheless
request an individual permit under (i) below.
9. A general permit may provide for automatic
renewal of authorization when that general permit is reissued, provided the
discharge authorized under the general permit continues to be eligible. If such
a general permit requires a request for authorization under (d)1 above, the
most recently submitted request for authorization is also a timely and complete
request for authorization under the reissued permit (for any permittee who had
authorization under the permit immediately prior to the effective date of the
reissued permit), and the Department shall issue a notice of renewed
authorization to the permittee.
i. If the
permittee is aware that any information in that most recently submitted request
for authorization is no longer true, accurate, and/or complete, the permittee
shall provide the correct information to the Department within 90 days after
that effective date, if the permittee has not done so already.
ii. A permittee whose authorization is
renewed under this paragraph may request to be excluded from the reissued
general permit in accordance with (g) below, and may also request a stay of the
application to that permittee of any conditions of the reissued permit in
accordance with
N.J.A.C.
7:14A-17.6.
(e) The Department may require any permittee
authorized by a general permit to apply for and obtain an individual NJPDES
permit or seek and obtain authorization under another general permit. Also, any
person may, in accordance with the procedures set forth at (l)
below, petition the Department to take action under this subsection. An
individual NJPDES permit or another general permit may be required when:
1. There is evidence that the permittee may
be a significant contributor of pollutants. In making this determination, the
Department may consider the location of the discharge, facility, or activity,
the size of the discharge or activity, the quantity and nature of pollutants,
the quality of the receiving waters, and other relevant factors;
2. The permittee is not in compliance with
the conditions of the general permit;
3. A change has occurred in the availability
of demonstrated technology or practices for the control or abatement of
pollutants;
4. Effluent limitation
guidelines are promulgated for the activity authorized by the general
permit;
5. A Water Quality
Management Plan containing different requirements applicable to the permittee
is adopted;
6. Circumstances have
changed since the time of authorization or the request for authorization such
that the discharge is no longer appropriately controlled under the general
permit, or either a temporary or permanent reduction or elimination of the
authorized activity is necessary;
7. The Department acquires new information
indicating that the permittee otherwise is not eligible for the general permit
according to terms specified in the general permit; or
8. New standards for residual use or disposal
are promulgated for the residual use and disposal practice covered by the
general permit.
(f) To
require any permittee authorized by a general permit to apply for an individual
NJPDES permit or seek authorization under another general permit as provided in
(e) above, the Department shall notify the permittee in writing, as follows:
1. The notice shall include:
i. A brief statement of the reasons for the
determination that an individual permit or authorization under a different
general permit is necessary;
ii. An
application form or the applicable request for authorization form;
iii. A statement setting a time for the
permittee to file the application or the applicable request for authorization;
and
iv. A statement that on the
effective date of the individual NJPDES permit or on the date of the
permittee's authorization under another general permit, the individual
permittee's authorization under the general permit shall automatically
terminate.
2. The
Department may grant additional time for application for an individual permit
or request for authorization, upon request by the permittee. If a permittee
fails to submit in a timely manner an application form or request for
authorization form required by the Department under this subsection, the
permittee's authorization under the general permit will be automatically
revoked at the end of the day specified for submitting the application form or
request for authorization form.
(g) Any permittee authorized by a general
permit may request to be excluded from authorization under the general permit
by applying for an individual NJPDES permit or for another general permit. The
permittee shall submit an application under
N.J.A.C.
7:14A-4.1, or a request for authorization for
the other general permit (if required under (d) above), with reasons supporting
the request. A request for an individual permit shall be processed under
N.J.A.C. 7:14A-15, 16, and 17. A request for another general permit shall be
processed under this section and the terms of the other general permit. The
request shall be granted by the issuing of any individual permit, or by the
issuing of authorization under the other general permit, if the reasons cited
by the permittee are determined to be adequate to support the
request.
(h) When a permittee
authorized by a general NJPDES permit is issued an individual NJPDES permit for
the authorized discharge, or obtains authorization for that discharge under
another general permit, the permittee's authorization under the general permit
is automatically revoked on the effective date of the individual permit or on
the date of the permittee's authorization under another general permit,
whichever the case may be. When an individual NJPDES permit is denied to a
permittee authorized by a general permit, or the permittee is denied
authorization under another general permit, the permittee's authorization under
the general permit is automatically revoked on the date of such denial, unless
otherwise specified by the Department.
(i) If a permittee's discharge is excluded
from a general permit solely because that discharge already is authorized by an
individual permit or authorization under another general permit, the permittee
may request that the individual permit or authorization be revoked or modified,
as appropriate, and that the discharge be authorized by a general permit
identified in that request. The permittee shall submit a request for revocation
or modification, with reasons supporting the request, to the Department. The
permittee shall submit any request for revocation or modification of an
individual permit under N.J.A.C. 7:14A-16, and that request shall be processed
under N.J.A.C. 7:14A-15, 16 and 17. If the Department revokes or modifies the
individual permit or authorization, and if authorization under a general permit
is issued, after the permittee submits any request for authorization required
under (d) above, the permittee shall be authorized under the general permit. In
reviewing such requests, the Department may consider:
1. The location of the discharge;
2. The size of the discharge or
activity;
3. The quantity and
nature of pollutants reaching the surface or ground waters of the
State;
4. The quality of the
receiving waters;
5.
Antibacksliding requirements in
N.J.A.C.
7:14A-13.19, if applicable; and
6. Any other factors the Department considers
relevant to determining whether the discharge is best regulated under one
permit or the other.
(j)
The Department may suspend or revoke a permittee's authorization under a
general permit for causes specified in
N.J.A.C.
7:14A-16.6. Such suspension or revocation of
authorization is a type of permit suspension or revocation under
N.J.A.C.
7:14A-16.6. A requirement pursuant to (f)
above that a permittee apply for an individual permit or seek authorization
under another general permit is not a revocation within the meaning of
N.J.A.C.
7:14A-16.6, even if the permittee's
authorization is eventually revoked in favor of an individual permit or another
general permit, or is automatically revoked under (f)2 above, as a result of
the permittee's failure to submit in a timely manner an application form or
request for authorization form.
(k)
If the Department directs the permittee to apply for an individual permit or
seek authorization pursuant to another general permit, the permittee may ask
the Department to reconsider its decision by sending a letter to the
Commissioner within the 30 days of the issuance of the initial decision. The
letter shall be sent to:
New Jersey Department of Environmental Protection
Office of Administrative Hearings and Dispute
Resolution
ATTENTION: Adjudicatory Hearing Requests
401 E. State Street
Mail Code 401-07A
PO Box 420
Trenton, NJ 08625-0420
Both the envelope and the letter shall clearly indicate that
it is a "REQUEST FOR RECONSIDERATION OF GENERAL PERMIT DETERMINATION." The
Commissioner may act on the request with 60 days; if the Commissioner fails to
take any action the request shall be deemed denied. In no event shall an order
from the Department directing a permitee to apply for an individual permit or
seek authorization under another general permit (or a denial of a request to
reconsider that order) be deemed final agency action.
(l) The following requirements apply to
petitions filed under (e) above:
1. Any
petition shall state clearly and concisely:
i. The name, address, and telephone number of
the petitioner;
ii. The
petitioner's interest in the petition (including any organizational
affiliations and any economic interest);
iii. The name and address of the permittee
whose authorization could be affected by the petition;
iv. The number of the permit under which that
permittee is authorized; and
v. The
reasons why the petition should be granted (including any citations to any
relevant legal authority).
2. The petitioner shall serve the petition on
both the Department and the permittees whose authorization could be affected by
the petition.
3. The permittees
whose authorization could be affected shall have 30 days from the date the
petition was served to respond to the petition. Any response shall be served on
both the Department and the petitioner. The Department thereafter may in its
discretion seek further information relevant to the petition.
4. The Department shall determine whether to
grant the petition based upon materials submitted in accordance with this
subsection and based upon the criteria set forth in (e) above. The Department
shall notify both the petitioner and the permittees whose authorization is
affected by the petition of the Department's determination.
5. Either party may ask the Department to
reconsider its decision regarding a petition by sending a letter to the
Commissioner within 30 days of the issuance of the initial decision. The letter
shall be sent to the Department's Office of Legal Affairs, at the address
listed above, and both the envelope and the letter shall clearly indicate that
it is a "REQUEST FOR RECONSIDERATION OF PETITION DETERMINATION." The
Commissioner may act on the request within 60 days; if the Commissioner fails
to take any action the request shall be deemed denied. It shall be considered
final agency action where the ultimate outcome of the agency proceedings is
that the petition is denied by the Commissioner.
(m) The following requirements apply to
denial of requests for authorization:
1. The
Department shall deny a request for authorization if it determines that the
subject discharge is not eligible for the general permit for which the person
has requested authorization.
2. The
Department may deny a request for authorization if it determines that the
discharge is not appropriately regulated under the relevant general permit
because of:
ii. The size of the discharge or
activity;
iii. The quantity and
nature of pollutants reaching the waters of the State;
iv. The quality of the receiving waters;
or
v. Other relevant
factors.
3. If the
Department denies a request for authorization, it shall notify the person of
that denial in writing. A person whose request for authorization has been
denied may ask the Department to reconsider its decision by sending a letter to
the Commissioner within 30 days of the issuance of the initial denial. The
letter shall be sent to the Department's Office of Legal Affairs, at the
address listed above, and both the envelope and the letter shall clearly
indicate that it is a "REQUEST FOR RECONSIDERATION OF GENERAL PERMIT
DETERMINATION." The Commissioner may act on the request within 60 days; if the
Commissioner fails to take any action the request shall be deemed denied. In no
event shall a denial of a request for authorization, or a request to reconsider
that denial, be deemed final agency action.
(n) An authorization may be transferred to a
new permittee in accordance with the requirements for an automatic transfer at
N.J.A.C.
7:14A-16.2(d).
(o) With the consent of the permittee, the
Department shall revoke an authorization to discharge under a general permit
without following the procedures set forth in
N.J.A.C.
7:14A-15.6, if the discharge has
ceased.
