N.J. Admin. Code § 7:14A-24.6 - "Permanent No Exposure" of industrial activities and materials to stormwater

(a) Subject to the limitations and provisions in (g), (i) and (j) below, an operating entity for an industrial facility is excluded from the requirement to obtain a NJPDES DSW permit for discharge(s) composed entirely of stormwater if:

1. There is "Permanent No Exposure" of industrial materials and activities to rain, snow, snowmelt and/or runoff and runon discharged to surface water; and

2. The operating entity satisfies the conditions in (d) below.

(b) Discharges that qualify for this exclusion are not "stormwater discharges associated with industrial activity" as defined in 7:14A-1.2.

(c) For purposes of this section:

1. "Permanent No Exposure" means that all industrial materials are stored and/or all industrial activities are performed inside a permanent building or permanent structure that is anchored to a permanent foundation, and that is completely roofed and walled (except as provided in (f) below).

2. "Industrial materials and activities" include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, by-product, final product or waste product.

(d) To qualify for this exclusion, the operating entity for the industrial facility shall:

1. Attain the condition of "Permanent No Exposure" identified under (a)1 above;

2. Complete and sign in accordance with 7:14A-4.9 the Department's "Permanent No Exposure Certification" form (see (h) below);

3. Submit the signed certification to the Department once every five years;

4. Allow the Department to inspect the facility to verify that the operating entity meets the applicable conditions, and to make inspection reports available to the public upon request; and

5. For facilities that discharge through a municipal separate storm sewer system (MS4), and at the request of that MS4's operating entity, submit a copy of the "Permanent No Exposure Certification" to that entity, and allow inspection and public reporting by that entity.

(e) The exclusion is not transferable. In the event that the operating entity changes, the new operating entity must submit a new "Permanent No Exposure Certification" and is subject to the same conditions in (d) above.

(f) To qualify for this exclusion, a permanent building or permanent structure is not required for:

1. Dumpsters or other rigid containers of similar or larger size, that are used only for routine collection and temporary storage of industrial or other waste materials generated at the facility, and that are watertight, leak proof, and covered, with no visible residue or contamination on the external exposed surfaces;

2. Adequately maintained vehicles in normal operating condition used in material handling; and

3. Pipe that is not deteriorated and does not leak, and that is installed for use in the transportation or conveyance of materials at or through the facility. For purposes of this paragraph, "pipe" does not include pumps, inlet valves, or outlet valves.

(g) This exclusion is subject to the following limitations:

1. Stormwater discharges from construction activities as described under subparagraph 1x of the definition of "stormwater discharge associated with industrial activity" in 7:14A-1.2, and "stormwater discharge associated with small construction activity" as defined at 7:14A-1.2, are not eligible for this exclusion.

2. This exclusion is available on a facility-wide basis only, not for individual outfalls or drainage areas.

3. If circumstances change and industrial materials or activities become exposed to rain, snow, snowmelt, and/or runoff and runon discharged to surface water (except as provided in (f) above), the conditions for this exclusion no longer apply. In such cases, a NJPDES permit shall be obtained for the discharge and the discharge becomes subject to enforcement as an unpermitted discharge of stormwater associated with industrial activity unless and until a permit is obtained.

i. Any conditionally exempt discharger who anticipates changes in circumstances should submit an application or RFA and obtain a NJPDES permit authorization prior to the change of circumstances.

4. Notwithstanding the provisions of this section, the Department retains the authority to require an operating entity to submit an application or RFA (and deny this exclusion) upon making a determination that any stormwater discharge from the facility causes, has a reasonable potential to cause, or contributes to an excursion in surface waters above an applicable surface water quality standard, including designated uses.

5. This section does not exclude any operating entity for a municipal separate storm sewer system (MS4) from any requirement under N.J.A.C. 7:14A-24 or 25 to obtain a NJPDES permit for stormwater discharge from the MS4.

(h) A completed "Permanent No Exposure Certification" shall include all of the following information, and must be submitted on a form provided by the Department:

1. The name, mailing address and phone number of the operating entity;

2. The name, address, and location of the facility;

3. A statement that the person signing the certification has read and understands the eligibility requirements for claiming a condition of "Permanent No Exposure" and obtaining this exclusion; and

4. A statement that the operating entity has attained the condition of "Permanent No Exposure" identified under (a)1 above, and understands its obligation to comply with all applicable conditions for the exclusion under (d) above, and to apply for a NJPDES permit prior to any discharge of stormwater associated with industrial activity from the facility.

(i) For an operating entity that is authorized to discharge stormwater under a valid NJPDES permit, the Department shall perform an inspection to confirm that all applicable conditions for the exclusion under (d) above have been met prior to modifying the permit to delete such discharge in accordance with 7:14A-16.4(b)1, revoking the permit in accordance with 7:14A-16.6(a)4, or revoking authorization under a general permit in accordance with 7:14A-6.13(j).

1. If the Department confirms that all applicable conditions for the exclusion have been met, the modification or revocation shall be effective as of the date of the Department's receipt of the "Permanent No Exposure Certification."

i. Until the operating entity receives a final modification or revocation from the Department, the operating entity's authorization under the NJPDES permit and all conditions of the permit, including any monitoring and reporting requirements, remain fully effective and enforceable with respect to the stormwater discharge.

2. Based on an inspection of the facility, if the Department determines that one or more applicable conditions for the exclusion have not been met, the Department will respond in writing with the reasons for the denial. The operating entity's authorization under the NJPDES permit and all conditions of the permit remain fully effective and enforceable.

(j) For an operating entity that is not authorized to discharge stormwater under a valid NJPDES permit, the conditional exclusion shall be effective as of the date of the Department's receipt of the "Permanent No Exposure Certification" if the conditions of this section have been satisfied.

1. If the Department inspects the facility in accordance with (d)4 above and determines that any condition of this section has not been satisfied, the Department shall deny the conditional exclusion and require the operating entity to submit a permit application or RFA for the stormwater discharge associated with industrial activity.

Notes

N.J. Admin. Code § 7:14A-24.6