N.J. Admin. Code § 7:14A-24.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:14A-24.4 - Deadlines to apply for NJPDES permit for stormwater discharges

(a) Any operating entity for a stormwater DSW or DGW identified under (a)1 through 8 below that does not have an effective NJPDES permit authorizing its stormwater discharges shall submit a request for authorization for a general NJPDES permit, or an application for an individual NJPDES permit, in accordance with the following deadlines:

1. Except as provided in (a)1i through vii below, for any "stormwater discharge associated with industrial activity" as defined in 7:14A-1.2 that is not authorized by a stormwater general permit, the request for authorization for a stormwater DSW general permit, or an application for an individual stormwater DSW permit made pursuant to 7:14A-24.7, shall have been submitted by April 1, 1993.

i. For any stormwater discharge associated with industrial activity from a facility (other than an airport, powerplant, or uncontrolled sanitary landfill) that is owned or operated by a municipality with a population of less than 100,000, the request for authorization or individual permit application shall be submitted by March 3, 2004.

ii. Facilities that are owned or operated by a municipality and that were rejected by the USEPA as members of part 1 group application under 40 C.F.R. 122.26(e)(2) shall have submitted the request for authorization or individual permit application no later than 180 days after the date of receipt of the notice of rejection or April 1, 1993, whichever was later.

iii. If the discharge is from a nonpoint source and is not identified under (a)1iv below, the request for authorization or individual permit application shall have been submitted by November 3, 1997. No NJPDES permit shall have required pollutants in such a discharge to be controlled before November 3, 1997.

iv. If the Department classifies the discharge as a "stormwater discharge associated with industrial activity" under paragraph 2 in the definition of that term in N.J.A.C. 7:14A-1.2, the request for authorization or individual permit application shall be submitted within 180 days of receipt of written notice of such classification, unless the Department approves a later date.

v. A group application submitted to USEPA under 40 C.F.R. 122.26(e)(2) does not qualify under this paragraph as a request for authorization under a NJPDES general permit, or as an application for an individual NJPDES permit. If a facility was approved by the USEPA as a member of a group application pursuant to 40 C.F.R. 122.26(e)(2), or if a facility which was a participant of a group application was not approved or rejected by the USEPA pursuant to 40 C.F.R. 122.26(e)(2) by April 1, 1993, the facility shall have either have submitted a written request for authorization under an applicable NJPDES general permit, or applied for an individual NJPDES permit, by October 1, 1993 (except as provided in (a)1i above).

vi. When an individual permit application for discharges of stormwater is submitted pursuant to 7:14A-24.7 for a facility that already has an individual DSW permit that does not authorize all of those discharges, then that application shall be submitted in the following manner:

(1) If that DSW permit has expired, or is due to expire within 180 days of the submission of that application, then that application shall be submitted as part of the application for renewal of that DSW permit (such submission may supplement a renewal application previously submitted to the Department).

(2) If that DSW permit has not expired and is not due to expire within 180 days of the submission of that application, then that application shall be submitted either as part of the application for renewal of that DSW permit, or in a request under 7:14A-16.4 to modify that DSW permit to authorize all of those discharges of stormwater.

vii. The following is applicable to entities proposing new discharges of stormwater associated with industrial activity. General permits for such discharges shall specify deadlines for submitting requests for authorization under such permits. An entity submitting an individual permit application for such a discharge shall submit an application at least 180 days before that entity intends to commence industrial activity which may result in a discharge of stormwater associated with that industrial activity (unless (a)1vii(1) below is applicable, or the Department approves a later date).

(1) An entity submitting an individual permit application for a stormwater discharge from construction activity as described under subparagraph 1x of the definition of "stormwater discharge associated with industrial activity" in 7:14A-1.2 shall submit an application at least 90 days before the date on which construction is to commence (unless the Department approves a later date).

2. Entities with existing NJPDES DSW permits for stormwater discharges associated with industrial activity shall maintain these permits unless these entities obtain different NJPDES permits for these discharges. (These existing NJPDES permits are subject to 7:14A-2.7 and 2.8, and may be renewed, modified, revoked and reissued, suspended, or revoked in accordance with the applicable requirements of N.J.A.C. 7:14A-15, 16 and 17.) Any entity planning to continue its stormwater discharges associated with industrial activity after the expiration date of its NJPDES permit for that discharge shall comply with 7:14A-4.2(e)3 and 24.7.

3. The following is applicable if a large or medium municipal separate storm sewer system is designated under paragraphs 3 or 4 of the definitions of "large municipal separate storm sewer system" or "medium municipal separate storm sewer system" in N.J.A.C. 7:14A-1.2. Part 1 of the application under 7:14A-25.10(a) shall be submitted within 12 months after designation of a "large municipal separate storm sewer system," or within 18 months after designation of a "medium municipal separate storm sewer system." Based on information received in the part 1 application, the Department will approve or deny a sampling plan under 40 C.F.R. 122.26(d)(1)(iv)(E) within 90 days after receiving the part 1 application. Part 2 of the application shall be submitted to the Department within 12 months after the deadline for submitting the part 1 application.

4. For a stormwater DSW or DGW that is the subject of a notice under 7:14A-24.2(b), or that is subject to 7:14A-24.7(a) 5, a request for authorization for a stormwater general permit, or an application for an individual permit, shall be submitted within 180 days of notice, unless the Department approves a later date.

5. For stormwater DSW and DGW from nonpoint sources regulated under 7:14A-2.5(d), the discharger shall apply for a NJPDES permit in accordance with the deadline contained in that subsection.

6. Except as provided in (a)6i below, the deadline to obtain NJPDES permit authorization for all stormwater DSW identified under paragraph 1 of the definition of "stormwater discharge associated with small construction activity" in 7:14A-1.2 is March 3, 2004, or the date on which construction commences, whichever is later. General permits for such discharges shall specify deadlines for submitting requests for authorization under such permits. An entity submitting an individual permit application for such discharges shall submit an application at least 90 days before the date on which construction is to commence (unless the Department approves a later date), or by March 3, 2004, whichever is later.

i. The deadline to obtain NJPDES permit authorization for stormwater discharge associated with small construction activity at oil and gas exploration, production, processing, and treatment operations or transmission facilities is March 10, 2005, or the date on which construction commences, whichever is later. General permits for such discharges shall specify deadlines for submitting requests for authorization under such permits. An entity submitting an individual permit application for such discharges shall submit an application at least 90 days before the date on which construction is to commence (unless the Department approves a later date), or by December 10, 2004, whichever is later.

7. The deadline to apply for a NJPDES permit for all stormwater DSW and DGW from small municipal separate storm sewer systems (small MS4s) identified under 7:14A-25.2(a) is March 3, 2004, except as provided in 7:14A-25.4(a)1 through 3.

8. The deadline for Tier B municipalities to apply for the Tier B Municipal Stormwater General Permit under 7:14A-25.8 (for stormwater DSW and DGW from certain small MS4s) is March 3, 2004, except as provided in 7:14A-25.8(b)1 and 2.

(b) The Department shall issue or deny individual permits (or authorization under general permits) for the following DSW composed entirely of stormwater in accordance with the following schedule:

1. The Department shall issue or deny individual NJPDES permits (or authorization under general NJPDES permits) for stormwater discharges associated with industrial activity no later than April 1, 1994, or for new sources or existing sources which did not submit a complete NJPDES individual permit application or request for authorization by April 1, 1993, one year after receipt of a complete NJPDES individual permit application or request for authorization (unless the general permit specifies a shorter time period); and

2. The Department shall issue or deny permits for large or medium municipal separate storm sewer systems by the deadlines contained in 40 C.F.R. 122.26(e)(7)(ii) and (iii), which are incorporated into this chapter by reference.

N.J. Admin. Code § 7:14A-24.4