N.J. Admin. Code § 7:14A-25.8 - Tier B Municipal Stormwater General Permit

(a) Each municipality that is assigned to Tier B under 7:14A-25.3(a)2, and that operates a small MS4 that discharges to surface water or groundwater, shall apply for the Department's Tier B Municipal Stormwater General Permit (Tier B Permit). The Department shall make this general NJPDES permit available to Tier B municipalities throughout the State. This general permit is not in any respect a permit under section 402 of the Federal Act ( 33 U.S.C. § 1342) .

(b) The deadline for Tier B municipalities to apply for authorization under this general permit is March 3, 2004, except as provided in (b)1 and 2 below.

1. If a municipality receives notice from the Department that the municipality has been reassigned from Tier A to Tier B, the deadline is 90 days after receipt of that notice.

2. If the municipality does not operate a small MS4 on March 3, 2004, but is proposing to operate a new small MS4 after that date, the deadline is 90 days before the date on which operation is proposed to commence, or March 3, 2004, whichever is later.

(c) The Tier B Permit shall provide for automatic renewal of authorization when the Department renews the general permit (see 7:14A-4.2(e)3 and 6.13(d)9).

(d) To apply, the municipality shall submit to the Department a written request for authorization (RFA). The RFA shall include a certification acknowledging the best management practices (BMPs) and measurable goals specified in this general permit and required by (f) or (g) below, and shall also include information specified in the general permit in accordance with 7:14A-6.13(d)2. After receiving the RFA, the Department shall notify the municipality in writing that the municipality is authorized to discharge under this general permit, or that the municipality is not authorized to discharge under this general permit because the municipality is assigned to Tier A under 7:14A-25.3(a)1. The Department shall publish a list of municipalities that are authorized to discharge under this general permit on the Division's website (http://www.state.nj.us/dep/dwq).

(e) Each municipality that is authorized to discharge under the Tier B Permit shall develop, implement, and enforce a stormwater program that includes the Statewide Basic Requirements (SBRs) listed in (e)1 and 2 below (and that may be set forth in more detail in the general permit). The stormwater program shall also include any additional measures (AMs) required under (g) below. The municipality may share responsibilities for implementing any of these SBRs or AMs with one or more other entities. Nothing in this section shall be construed as preventing the municipality from also implementing other stormwater control measures as allowed by statute. Such control measures are not governed by the Tier B stormwater program. The SBRs are as follows:

1. Post-construction stormwater management in new development and redevelopment: To prevent or minimize water quality impacts, the municipality shall develop, implement, and enforce a program to address stormwater runoff from new development and redevelopment projects. This program shall meet the requirements listed in 7:14A-25.6(b)3.

2. Public education on stormwater impacts: The municipality shall implement a local 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.

(f) The Tier B Permit shall specify:

1. The BMPs that the Tier B municipality or another entity will implement for each of the SBRs listed under (e) above; and

2. The measurable goals for each of those BMPs including, as appropriate, an implementation schedule specifying the month and year in which the municipality or another entity will undertake each required action, including interim milestones and the frequency of the action.

(g) The Tier B municipality'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 (e)1 and 2 above. AMs required under this subsection are subject to 7:14A-25.6(e)1.

(h) Tier B municipalities shall meet measurable goals specified under (f) or (g) above. The Department shall make guidance available to assist municipalities in the design and implementation of Tier B stormwater programs.

(i) Requirements for recordkeeping and reporting are as follows:

1. The Tier B municipality shall keep records required by this general permit for at least five years from the date of the record. The municipality shall submit these records to the Department if requested.

2. The Tier B municipality shall submit an annual report to the Department. The report, which shall be submitted on a form provided by the Department, shall evaluate progress towards achieving the measurable goals specified for BMPs under (f) or (g) above.

Notes

N.J. Admin. Code § 7:14A-25.8