N.J. Admin. Code § 7:14A-25.6

Current through Register Vol. 56, No. 17, September 3, 2024

Section 7:14A-25.6 - Content of NJPDES permits for small MS4s

(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).

N.J. Admin. Code § 7:14A-25.6

Administrative change.
See: 36 N.J.R. 4133(a).