N.J. Admin. Code § 7:14A-24.4 - Deadlines to apply for NJPDES permit for stormwater discharges
(a) Any operating
entity for a stormwater DSW or DGW identified under (a)1 through 8 below that
does not have an effective NJPDES permit authorizing its stormwater discharges
shall submit a request for authorization for a general NJPDES permit, or an
application for an individual NJPDES permit, in accordance with the following
deadlines:
1. Except as provided in (a)1i
through vii below, for any "stormwater discharge associated with industrial
activity" as defined in
7:14A-1.2 that is not authorized by
a stormwater general permit, the request for authorization for a stormwater DSW
general permit, or an application for an individual stormwater DSW permit made
pursuant to
7:14A-24.7, shall have been
submitted by April 1, 1993.
i. For any
stormwater discharge associated with industrial activity from a facility (other
than an airport, powerplant, or uncontrolled sanitary landfill) that is owned
or operated by a municipality with a population of less than 100,000, the
request for authorization or individual permit application shall be submitted
by March 3, 2004.
ii. Facilities
that are owned or operated by a municipality and that were rejected by the
USEPA as members of part 1 group application under
40
C.F.R. 122.26(e)(2) shall
have submitted the request for authorization or individual permit application
no later than 180 days after the date of receipt of the notice of rejection or
April 1, 1993, whichever was later.
iii. If the discharge is from a nonpoint
source and is not identified under (a)1iv below, the request for authorization
or individual permit application shall have been submitted by November 3, 1997.
No NJPDES permit shall have required pollutants in such a discharge to be
controlled before November 3, 1997.
iv. If the Department classifies the
discharge as a "stormwater discharge associated with industrial activity" under
paragraph 2 in the definition of that term in N.J.A.C. 7:14A-1.2, the request
for authorization or individual permit application shall be submitted within
180 days of receipt of written notice of such classification, unless the
Department approves a later date.
v. A group application submitted to USEPA
under
40
C.F.R. 122.26(e)(2) does not
qualify under this paragraph as a request for authorization under a NJPDES
general permit, or as an application for an individual NJPDES permit. If a
facility was approved by the USEPA as a member of a group application pursuant
to
40
C.F.R. 122.26(e)(2), or if a
facility which was a participant of a group application was not approved or
rejected by the USEPA pursuant to
40
C.F.R. 122.26(e)(2) by April
1, 1993, the facility shall have either have submitted a written request for
authorization under an applicable NJPDES general permit, or applied for an
individual NJPDES permit, by October 1, 1993 (except as provided in (a)1i
above).
vi. When an individual
permit application for discharges of stormwater is submitted pursuant to
7:14A-24.7 for a facility that
already has an individual DSW permit that does not authorize all of those
discharges, then that application shall be submitted in the following manner:
(1) If that DSW permit has expired, or is due
to expire within 180 days of the submission of that application, then that
application shall be submitted as part of the application for renewal of that
DSW permit (such submission may supplement a renewal application previously
submitted to the Department).
(2)
If that DSW permit has not expired and is not due to expire within 180 days of
the submission of that application, then that application shall be submitted
either as part of the application for renewal of that DSW permit, or in a
request under
7:14A-16.4 to modify that DSW
permit to authorize all of those discharges of stormwater.
vii. The following is applicable to entities
proposing new discharges of stormwater associated with industrial activity.
General permits for such discharges shall specify deadlines for submitting
requests for authorization under such permits. An entity submitting an
individual permit application for such a discharge shall submit an application
at least 180 days before that entity intends to commence industrial activity
which may result in a discharge of stormwater associated with that industrial
activity (unless (a)1vii(1) below is applicable, or the Department approves a
later date).
(1) An entity submitting an
individual permit application for a stormwater discharge from construction
activity as described under subparagraph 1x of the definition of "stormwater
discharge associated with industrial activity" in
7:14A-1.2 shall submit an
application at least 90 days before the date on which construction is to
commence (unless the Department approves a later date).
2. Entities with existing NJPDES
DSW permits for stormwater discharges associated with industrial activity shall
maintain these permits unless these entities obtain different NJPDES permits
for these discharges. (These existing NJPDES permits are subject to
7:14A-2.7 and 2.8, and may be
renewed, modified, revoked and reissued, suspended, or revoked in accordance
with the applicable requirements of N.J.A.C. 7:14A-15, 16 and 17.) Any entity
planning to continue its stormwater discharges associated with industrial
activity after the expiration date of its NJPDES permit for that discharge
shall comply with
7:14A-4.2(e)3 and
24.7.
3. The following is
applicable if a large or medium municipal separate storm sewer system is
designated under paragraphs 3 or 4 of the definitions of "large municipal
separate storm sewer system" or "medium municipal separate storm sewer system"
in N.J.A.C. 7:14A-1.2. Part 1 of the application under
7:14A-25.10(a)
shall be submitted within 12 months after designation of a "large municipal
separate storm sewer system," or within 18 months after designation of a
"medium municipal separate storm sewer system." Based on information received
in the part 1 application, the Department will approve or deny a sampling plan
under
40
C.F.R. 122.26(d)(1)(iv)(E)
within 90 days after receiving the part 1 application. Part 2 of the
application shall be submitted to the Department within 12 months after the
deadline for submitting the part 1 application.
4. For a stormwater DSW or DGW that is the
subject of a notice under
7:14A-24.2(b), or
that is subject to
7:14A-24.7(a) 5,
a request for authorization for a stormwater general permit, or an application
for an individual permit, shall be submitted within 180 days of notice, unless
the Department approves a later date.
5. For stormwater DSW and DGW from nonpoint
sources regulated under
7:14A-2.5(d), the
discharger shall apply for a NJPDES permit in accordance with the deadline
contained in that subsection.
6.
Except as provided in (a)6i below, the deadline to obtain NJPDES permit
authorization for all stormwater DSW identified under paragraph 1 of the
definition of "stormwater discharge associated with small construction
activity" in
7:14A-1.2 is March 3, 2004, or the
date on which construction commences, whichever is later. General permits for
such discharges shall specify deadlines for submitting requests for
authorization under such permits. An entity submitting an individual permit
application for such discharges shall submit an application at least 90 days
before the date on which construction is to commence (unless the Department
approves a later date), or by March 3, 2004, whichever is later.
i. The deadline to obtain NJPDES permit
authorization for stormwater discharge associated with small construction
activity at oil and gas exploration, production, processing, and treatment
operations or transmission facilities is March 10, 2005, or the date on which
construction commences, whichever is later. General permits for such discharges
shall specify deadlines for submitting requests for authorization under such
permits. An entity submitting an individual permit application for such
discharges shall submit an application at least 90 days before the date on
which construction is to commence (unless the Department approves a later
date), or by December 10, 2004, whichever is later.
7. The deadline to apply for a NJPDES permit
for all stormwater DSW and DGW from small municipal separate storm sewer
systems (small MS4s) identified under
7:14A-25.2(a) is
March 3, 2004, except as provided in
7:14A-25.4(a)1
through 3.
8. The deadline for Tier
B municipalities to apply for the Tier B Municipal Stormwater General Permit
under 7:14A-25.8 (for stormwater DSW and
DGW from certain small MS4s) is March 3, 2004, except as provided in
7:14A-25.8(b)1
and 2.
(b) The
Department shall issue or deny individual permits (or authorization under
general permits) for the following DSW composed entirely of stormwater in
accordance with the following schedule:
1. The
Department shall issue or deny individual NJPDES permits (or authorization
under general NJPDES permits) for stormwater discharges associated with
industrial activity no later than April 1, 1994, or for new sources or existing
sources which did not submit a complete NJPDES individual permit application or
request for authorization by April 1, 1993, one year after receipt of a
complete NJPDES individual permit application or request for authorization
(unless the general permit specifies a shorter time period); and
2. The Department shall issue or deny permits
for large or medium municipal separate storm sewer systems by the deadlines
contained in
40
C.F.R. 122.26(e)(7)(ii) and
(iii), which are incorporated into this chapter by reference.
Notes
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