N.J. Admin. Code § 7:14A-25.7

Current through Register Vol. 56, No. 17, September 3, 2024

Section 7:14A-25.7 - Sharing of responsibility to implement control measures for a small MS4

(a) A permittee may rely on another governmental, private, or nonprofit entity (for example, a watershed association) to satisfy the permittee's NJPDES permit obligations to implement one or more control measures (or component(s) thereof) for that permittee's small MS4 if:

1. The other entity, in fact, implements the measure(s), or component(s) thereof;

2. The particular measure(s), or component(s) thereof, is at least as stringent as the corresponding NJPDES permit requirement; and

3. The other entity agrees in writing (or is required by law) to implement the measure(s), or component(s) thereof, on the permittee's behalf. The permittee is responsible for compliance with the permittee's NJPDES permit obligations if the other entity fails to implement the measure(s), or component(s) thereof. In the annual reports the permittee must submit under N.J.A.C. 7:14A-25.6(j)3, the permittee shall specify that it is relying on another entity to satisfy some of the permittee's NJPDES permit obligations. If the permittee is relying on another entity regulated under the NJPDES permit program to satisfy all of that permittee's NJPDES permit obligations, including that permittee's obligation to file annual reports required by N.J.A.C. 7:14A-25.6(j)3, the permittee shall notify the Department of this reliance in writing, and shall also note this reliance in the permittee's SPPP.

(b) In some cases, the Department may recognize, either in an individual NJPDES permit or in a general NJPDES permit, that a governmental entity other than the permittee in question is responsible under a NJPDES permit for implementing one or more of the control measures, or component(s) thereof, for that permittee's small MS4, or that the Department itself is responsible. Where the NJPDES permit provides such recognition, the permittee in question is not required to include such measure(s), or component(s) thereof, in that permittee's stormwater program. The permittee is not responsible for such measure(s), or component(s) thereof, but is responsible for all other measure(s), or component(s) thereof, in the stormwater program. Under N.J.A.C. 7:14A-16.4(b)21, the NJPDES permit may be reopened and modified to include the requirement to implement a measure(s), or component(s) thereof, if the other governmental entity or the Department does not implement it. At a minimum, any NJPDES permit issued for small MS4s shall recognize that under N.J.A.C. 7:14A-25.6(b)2, the Department is responsible for implementing the SBR for construction site stormwater runoff control.

N.J. Admin. Code § 7:14A-25.7

Administrative change.
See: 36 New Jersey Register 4133(a).