N.J. Admin. Code § 7:14A-25.9

Current through Register Vol. 56, No. 23, December 2, 2024

Section 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.

N.J. Admin. Code § 7:14A-25.9