N.J. Admin. Code § 7:14A-25.9 - Individual NJPDES permit applications for small MS4s
(a) An operating
entity that is subject to
7:14A-25.5(a)
shall apply for an individual NJPDES permit under (c) or (d) below for
stormwater discharges from small MS4s if:
1.
An application is required pursuant to
7:14A-2.4(c) or
6.13(e), in which case the Department shall specify whether (c) and/or (d)
below is applicable; or
2. A
general NJPDES permit applicable to the entity's small MS4 stormwater discharge
is not available.
(b) An
operating entity that is not required under (a) above to apply for an
individual NJPDES permit may on its own initiative apply for an individual
NJPDES permit under (c) below for stormwater discharges from small
MS4s.
(c) The following is
applicable to an operating entity that seeks authorization to discharge under
an individual NJPDES permit, and seeks to implement under the permit a
stormwater program that is different from the stormwater program under
7:14A-25.6.
1. If the permit is for discharge to surface
water, the operating entity shall submit to the Department a permit application
that includes the information required by
7:14A-25.10(a).
The entity does not need to submit the information required by
40
C.F.R. 122.26(d)(1)(ii) and
(d)(2)(i) regarding the entity's legal
authority, unless the entity intends for the Department to take such
information into account when developing the entity's permit
conditions.
2. If the permit is for
discharge to groundwater, the operating entity shall submit to the Department a
permit application that includes:
i. The
information required by
7:14A-4.3 (except 4.3(a)11 and 15
through 24) and 7.9. In accordance with
7:14A-7.9(a)1, the
entity shall submit the information required pursuant to
7:14A-7.9(d),
except when, after consultation with the Department during a pre-application
conference, it is determined that the information is not necessary to develop
permit conditions for the small MS4;
ii. An 8.5 inch x 11 inch copy of a portion
of a U.S. Geological Survey Topographic Map(s), 7.5 minute Quadrangle Series
extending one mile beyond the area served by the small MS4 that is the subject
of the permit application. The boundaries of that area shall be marked on the
copy; and
iii. Any information
required by the Department under
7:14A-8.17 (if an individual UIC
permit is sought).
(d) An operating entity that seeks to
implement a stormwater program under
7:14A-25.6 may seek authorization
to discharge under an individual NJPDES permit only if the Department requires
that entity to submit an application under (a)1 above and this subsection, or
if an application is required under (a)2 above. The operating entity shall
submit to the Department an application that includes:
1. The information required under
7:14A-4.3(a)1, 2,
3, 6 and 9, and 25.6(c);
2. An
estimate of the area, in square miles, served by the entity's small
MS4;
3. A map, showing the location
of the end of MS4 outfall pipes, that satisfies the requirement for such a map
in 7:14A-25.6(b)5 i
(if the entity operates any MS4 outfall pipes);
4. Any information required under
7:14A-8.17 (if an individual UIC
permit is sought); and
5. Other
information required under
7:14A-4.3(e).
(e) If a small MS4 is in the same
urbanized area as a medium or large MS4 with a NJPDES stormwater permit, and if
the operating entity for the medium or large MS4 is willing to have the
operating entity for that small MS4 participate in its stormwater program, both
operating entities may jointly seek a modification of the medium or large MS4
permit to include the operating entity for the small MS4 as a limited
co-permittee. As a limited co-permittee, the operating entity for the small MS4
will be responsible for compliance with the NJPDES permit conditions applicable
to that entity's jurisdiction. If an operating entity for a small MS4 chooses
this option for discharge to surface water, the entity shall comply with
7:14A-25.10(a)
rather than N.J.A.C. 7:14A-25.6, except that the entity does not need to comply
with
40
C.F.R. 122.26(d)(1)(iii) and (iv) and
(d)(2)(iii) (discharge characterization). The
entity may satisfy the requirements in
40
C.F.R. 122.26(d)(1)(v) and
(d)(2)(iv) (identification of a management
program) by referring to the medium or large MS4's stormwater
program.
Notes
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