N.J. Admin. Code § 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).
Notes
See: 36 N.J.R. 4133(a).
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