N.J. Admin. Code § 7:14A-24.2 - Stormwater discharges for which a NJPDES permit is required under this subchapter; exemptions

(a) A NJPDES permit under this subchapter is required for the following stormwater DSW and DGW:

1. Stormwater DSW for which a permit was issued under Section 402 of the Federal Act ( 33 U.S.C. § 1342 ) prior to February 4, 1987 (see 7:14A-24.7(a) and (c) );

2. Stormwater DSW associated with industrial activity from point or nonpoint sources (see 7:14A-24.7(a) and (b) );

3. Stormwater DSW associated with small construction activity from point or nonpoint sources (see 7:14A-24.7(a) );

4. Stormwater DSW and DGW that are from concentrated animal feeding operations and for which a NJPDES permit is required under 7:14A-2.13 (see 7:14A-4.7 and 4.8);

5. Stormwater DSW from large or medium municipal separate storm sewer systems (see 7:14A-25.10 );

6. Stormwater DSW and DGW from small municipal separate storm sewer systems (small MS4s) identified under 7:14A-25.2(a) or (b) (see 7:14A-25.5 );

7. Stormwater DSW from point or nonpoint sources (other than activities identified under 7:14A-2.5(a)4 or 5) for which either the Department or the USEPA Regional Administrator determines (also see 7:14A-24.7(a) and (c), 25.2(a)4 and 25.5) that:

i. Stormwater controls are needed for the point source discharge based on total maximum daily loads (TMDLs) that address the pollutant(s) of concern; or

ii. The point or nonpoint source discharge, or category of discharges within a geographic area, contributes to a violation of a surface water quality standard, or is a significant contributor of pollutants to surface water;

8. Stormwater DSW and DGW from agricultural and silvicultural nonpoint sources regulated under 7:14A-2.5(d); and

9. Stormwater DGW otherwise exempt under 7:14A-7.4(a)5 i or ii, if the Department determines that the discharge is likely to contravene the Groundwater Quality Standards at N.J.A.C. 7:9C, or may result in violation of the Surface Water Quality Standards at N.J.A.C. 7:9B (see N.J.A.C. 7:14A-4.7, 25.2(a)4 and 25.5).

(b) Whenever it is determined that a NJPDES permit is required under (a)7 or 9 above, or under both (a)3 above and paragraph 2 of the 7:14A-1.2 definition of "stormwater discharge associated with small construction activity," 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. In such a case, and if the operating entity has applied for an individual NJPDES permit, 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), (a)(9)(i)(D) or (b)(15)(ii), or under 40 C.F.R. 123.35(b) or (c). The operating entity shall apply for a NJPDES permit in accordance with 7:14A-24.4.

(c) The following stormwater discharges are exempt from the requirement to obtain a NJPDES permit from the Department:

1. Stormwater DSW not identified under (a) above;

2. Stormwater DSW from mining operations or oil and gas exploration, production, processing or treatment operations or transmission facilities, composed entirely of flows which are from conveyances or systems of conveyances (including, but not limited to, pipes, conduits, ditches, and channels) used for collecting and conveying precipitation runoff and which are not contaminated by contact with or that has not come into contact with, any overburden, raw material, intermediate products, finished product, byproduct or waste products located on the site of such operations; and

3. Stormwater DGW that are from municipal separate storm sewers, residential areas (including residential streets, parking lots, easements, and open space), commercial areas other than areas of high pollutant loading as described under 7:14A-7.4(b)5 ii, or animal feeding operations, but that are not through underground injection regulated under N.J.A.C. 7:14A-8 and not identified under (a) above.

(d) The permit requirements for large and medium municipal separate storm sewer systems, and for stormwater discharges associated with industrial activity that discharge through such systems, contained in 40 C.F.R. 122.26(a)(3) and (a)(4) are incorporated into this chapter by reference.

(e) For stormwater discharges associated with industrial activity which discharge through a privately owned and operated separate storm sewer system (private conveyance system), the Department shall either:

1. Issue a single NJPDES permit (or a single authorization under a general NJPDES permit) to the operating entity for the portion of the private conveyance system that discharges to surface water, with each discharger to the private conveyance system a co-permittee to that permit (or to an authorization under a general permit); or

2. Issue individual permits (or authorizations under a general permit) to each discharger of stormwater associated with industrial activity through the private conveyance system.

3. Where there is more than one operating entity for a single private conveyance system, all operating entities for stormwater discharges associated with industrial activity shall submit applications (or requests for authorization under a general permit).

4. Any permit authorizing more than one operating entity shall identify the effluent limitations, or other permit conditions, if any, that apply to each operating entity.

(f) Combined sewer systems that discharge to waters of the State are point sources that require NJPDES permits applied for in accordance with N.J.A.C. 7:14A-4, and are not subject to the provisions of this subchapter or N.J.A.C. 7:14A-25. Stormwater discharges to combined or sanitary sewer systems are not subject to the provisions of this subchapter or N.J.A.C. 7:14A-25.

(g) Whether a stormwater discharge from a municipal separate storm sewer is or is not subject to regulation under this subchapter or N.J.A.C. 7:14A-25 shall have no bearing on whether the owner or operating entity for the discharge is eligible for funding under title II, title III or title VI of the Federal Act. See 40 C.F.R. Part 35, Subpart I, Appendix A(b) H.2.j.

Notes

N.J. Admin. Code § 7:14A-24.2

Administrative correction.
See: 37 N.J.R. 4245(a).