N.J. Admin. Code § 7:14A-24.5 - Requests for information about stormwater discharges associated with industrial activity

(a) The Department may, by written notice, request any person whom the Department has reason to believe may own or operate a facility with a "stormwater discharge associated with industrial activity" as defined in 7:14A-1.2 to either:

1. Declare to the Department that person's intent to obtain a DSW permit for a "stormwater discharge associated with industrial activity";

2. Submit a "Permanent No Exposure Certification" form to the Department under 7:14A-24.6; or

3. Provide other information to the Department that explains why, in that person's judgment, that person is not required to obtain, for property or operations owned or operated by that person, a DSW permit for a "stormwater discharge associated with industrial activity" as defined in 7:14A-1.2. Such information may include:

i. Information about the nature, source, and location of the stormwater discharge from such property or operations; or

ii. Information concerning that person (for example, information explaining why that person does not have a duty under 7:14A-4.2(c) to obtain a NJPDES permit).

(b) A written notice under (a) above shall include a statement that such notice was sent pursuant to this section and the State Act, and that failure to respond to such notice in the manner required by this section is a violation of the State Act. Such notice shall also briefly explain why the Department has reason to believe that person may own or operate a facility with a "stormwater discharge associated with industrial activity" as defined in 7:14A-1.2. (For example, one sufficient reason is information indicating that the person may own or operate an establishment classified under a Standard Industrial Classification (SIC) code expressly listed in the definition of "stormwater discharge associated with industrial activity," or a landfill, steam electric power generating plant, treatment works treating domestic sewage, or construction operation that results in the disturbance of land.) Such notice may also require the person's response to be on a form provided by the Department, and to include a certification substantially equivalent to that required in a permit application under 7:14A-4.9(d).

(c) Upon receipt of a written notice under (a) above, the person shall provide a written response in accordance with this section within 60 days, unless the notice specifies a longer time period. The Department, in its discretion, may also extend the time allowed for submitting a response for good cause shown.

(d) Nothing in (a) through (c) above shall exempt any person from any deadline to apply for a NJPDES permit under 7:14A-4.2(e) and 24.4, or prevent the Department from making other requests for information under 7:14A-2.11 or the State Act.

Notes

N.J. Admin. Code § 7:14A-24.5