N.J. Admin. Code § 7:14A-24.7

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

Section 7:14A-24.7 - Permit application requirements for stormwater discharges associated with industrial activity or small construction activity, and for certain other stormwater DSW

(a) Operating entities for stormwater discharges associated with industrial activity or small construction activity (from point or nonpoint sources), and for industrial or commercial stormwater DSW (from point or nonpoint sources) identified under 7:14A-24.2(a)1 or 7, shall apply for an individual NJPDES DSW permit or request authorization under a final stormwater general NJPDES DSW permit in accordance with the deadlines set forth at N.J.A.C. 7:14A-24.4. Any such operating entity that is required or seeks to obtain an individual DSW permit shall submit an individual permit application in accordance with the requirements of N.J.A.C. 7:14A-4 as modified and supplemented by this section and 7:14A-24.8. Except as provided in (a)2 and (b) below, this individual permit application shall include (for discharges composed entirely of stormwater) the NJPDES-1 Form, NJPDES Form RF, and NJPDES Form R, Part A (the facility's residual use or residual disposal practices may require the completion of additional sections of Form R). If this individual permit application is for a stormwater discharge mixed with domestic sewage and/or an industrial nonstormwater discharge that requires a NJPDES-DSW permit, the operating entity shall comply with N.J.A.C. 7:14A-4, but is exempt from the requirements of (a)1 and 2 below, and shall not submit NJPDES Form RF.

1. Except as provided in (a)2 through 4, (a)6 and (b) below, an individual permit application for a stormwater DSW under this subsection shall include the following:

i. A site map showing:

(1) The facility boundaries;

(2) Topography (or indicating the outline of drainage areas covered in the application if a topographic map is unavailable) of the facility, including generalized stormwater flow and drainage patterns;

(3) The location and size (approximate size for earthen structures or channels) of each of the facility's drainage and discharge structures and natural drainage channels;

(4) The location, drainage area, and identification number of each stormwater outfall;

(5) The location and identification number of each drainage area not served by a stormwater outfall;

(6) Paved areas and buildings within each drainage area;

(7) Each area known to be used at present or in the three years prior to the submittal of this application for outdoor storage or disposal of "significant materials" as defined in 7:14A-1.2;

(8) Each existing structural control measure to reduce pollutants in stormwater runoff;

(9) Materials loading and access areas;

(10) Areas where pesticides, herbicides, soil conditioners and fertilizers are applied;

(11) Each of the facility's onsite residual or hazardous waste treatment, storage or disposal facilities (including each area not required to have a RCRA permit which is used for accumulating hazardous waste under 40 C.F.R. 262.34);

(12) The location (to the extent practicable) where solid, liquid, or hazardous waste is stored at the facility;

(13) Springs, streams, rivers, canals, lakes, ponds, bays, the ocean, or other surface water bodies which receive stormwater discharges from the facility; and

(14) Each sampling location for stormwater sampling data reported in the application;

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 facility boundaries. The facility boundaries must be marked on the copy;

iii. The latitude and longitude to the nearest second of each stormwater outfall, and the name of the receiving surface water(s) of each stormwater outfall and each drainage area not served by a stormwater outfall;

iv. If stormwater is discharged to receiving surface water(s) through an offsite public or private storm drainage system, the name of the owner(s) of that system;

v. An estimate of the area of impervious surfaces (including paved areas and building roofs) and the total drainage area of each outfall and of each area not served by an outfall and a narrative description of the following on-site features at the facility:

(1) "Significant materials" (as defined in 7:14A-1.2) known by the applicant to have been treated, stored or disposed in a manner to allow exposure to stormwater;

(2) Method of treatment, storage or disposal of such materials;

(3) Materials management practices employed currently (and in the past, if the applicant has information), to minimize contact by these materials with stormwater runoff;

(4) Materials loading and access areas;

(5) The location, manner and frequency in which pesticides, herbicides, soil conditioners and fertilizers are applied;

(6) The location and a description of existing structural and non-structural control measures to reduce pollutants in stormwater runoff; and

(7) A description of the treatment the stormwater receives, including the ultimate disposal of any solid, hazardous, or fluid wastes other than by discharge;

vi. A certification that all outfalls (and all drainage areas not served by outfalls) that should contain stormwater discharges associated with industrial activity have been tested or evaluated for the presence of non-stormwater discharges which are not authorized by a NJPDES permit; tests for such non-stormwater discharges may include smoke tests, fluorometric dye tests, analysis of accurate schematics, as well as other appropriate tests. The certification shall include a description of the method used, the date of any testing, and the on-site drainage locations that were directly observed during a test;

vii. Existing information the applicant has regarding significant leaks or spills of toxic or hazardous pollutants at the facility, including the approximate date and location of the spill or leak, and the type and amount of material released. For purposes of the preceding sentence, significant leaks or spills at a facility generally include releases of oil or hazardous substances in excess of reportable quantities under Section 311 of the Clean Water Act, 33 U.S.C. § 1321 (see 40 C.F.R. 110.10 and 40 C.F.R. 117.21) or Section 302 of CERCLA (see 40 C.F.R. 302.4);

viii. Quantitative data based on samples collected during storm events and collected in accordance with 7:14A-24.8 from all outfalls (and all drainage areas not served by outfalls) containing a stormwater discharge associated with industrial activity for the following parameters:

(1) Any pollutant limited in an effluent guideline to which the facility is subject;

(2) Any pollutant specifically limited in the facility's NJPDES DSW permit for its process wastewater (if the facility is operating under an existing NJPDES DSW permit);

(3) Oil and grease, pH, BOD5, COD, TSS, total phosphorus, total Kjeldahl nitrogen, and nitrate plus nitrite nitrogen;

(4) Any information on the discharge required under 7:14A-4.4(b)5 i and ii and (b)6. For purposes of those provisions, an applicant is expected to know or have reason to believe that a pollutant is present in an effluent based on an evaluation of the expected use, production, manufacturing of an intermediate or final product or byproduct, or storage of the pollutant, or on any previous analyses for the pollutant. (For example, any pesticide manufactured by a facility may be expected to be present in contaminated stormwater runoff from the facility.);

(5) Measurements or estimates of the maximum flow rate and of the total amount of discharge for the storm event(s) sampled, and the method of flow measurement or estimation. (This information and the information required under (a)1viii(6) below is required only for the storm event(s) which resulted in any maximum pollutant concentration reported under (a)1viii(1) through (4) above for the flow-weighted composite sample.); and

(6) The date and duration (in minutes) of the storm event(s) sampled, rainfall measurements or estimates of the storm event (in inches) which generated the sampled runoff and the duration between the storm event sampled and the end of the previous measurable (greater than 0.1 inch rainfall) storm event (in hours);

ix. The source(s) (if known) of each pollutant (except pH) listed in the application pursuant to (a)1viii above;

x. In preparing an individual permit application under (a)1 above, both outfalls and drainage areas not served by outfalls shall be regulated in the same manner as "outfalls" for purposes of (a)1viii(4) above and 7:14A-4.4(b) and 24.8;

xi. Any operating entity for a discharge composed entirely of stormwater is exempt from the requirements of 7:14A-4.3(a)15, 16, 17, 21 and 22, and 4.4(a), (b)3i and ii and (b)7; and

xii. Any operating entity for a new source or new discharge (as defined in 7:14A-1.2) composed in part or entirely of stormwater shall include estimates for the pollutants or parameters listed in (a)1viii above instead of actual sampling data, along with the source of each estimate. Any operating entity for a new source or new discharge composed in part or entirely of stormwater must provide quantitative data for the parameters listed in (a)1viii above within two years after commencement of discharge, unless such data has already been reported under the monitoring requirements of the NJPDES permit for the discharge. Any operating entity for a new source or new discharge composed entirely of stormwater is exempt from the requirements of 7:14A-4.3(a)15, 16, 17, 21iii and 22, and 4.4(b)3 through 7.

2. Except as provided in (a)5 below, the operating entity for an existing or new stormwater discharge that is associated with construction activity solely under subparagraph 1x of the definition of "stormwater discharge associated with industrial activity" in N.J.A.C. 7:14A-1.2, or solely under the definition of "stormwater discharge associated with small construction activity" in N.J.A.C. 7:14A-1.2, is exempt from the requirements of (a)1 above and 7:14A-4.3(a)11, (a)15 through 22, (c) and (d) and 4.4, and shall not submit NJPDES Form RF. Such operating entity shall, if applying for an individual NJPDES DSW permit, submit the NJPDES-1 Form, NJPDES Form RFC, and NJPDES Form R, Part A (the facility's residual use or residual disposal practices may require the completion of additional sections of Form R). The application shall include the following:

i. A narrative description of:

(1) The location and nature of the construction activity;

(2) The nature of fill material used or disturbed during the construction activity; and

(3) Existing data describing the soil or the quality of the stormwater discharge;

iii. If the facility is within the Pinelands Area (as defined by 13:18A-11) , documentation that the Pinelands Commission has reviewed and approved the facility, or that the Pinelands Commission will not review the facility based upon a certification or approval issued under the Soil Erosion and Sediment Control Act, 4:24-39 et seq.;

iv. A stormwater pollution prevention plan for the construction activity. This stormwater pollution prevention plan shall include:

(1) The total land area of the site (in acres);

(2) The land area of the site (in acres) that is expected to be cleared, graded, excavated, or otherwise disturbed during the term of the permit;

(3) The name of the receiving surface water(s);

(4) If stormwater is discharged to receiving surface water(s) through an offsite public or private storm drainage system, the name of the owner(s) of that system;

(5) A site map showing:

(A) Facility boundaries;

(B) Areas of land disturbance (existing and proposed);

(C) Areas where land will not be disturbed;

(D) The approximate location of the kinds of soil present (applicants may mark the facility boundaries on a copy of a detailed soil map published by the United States Department of Agriculture where available);

(E) Existing and proposed land cover (for example, wooded area, open grassed area, pavement, buildings);

(F) Generalized drainage patterns and approximate slopes (existing and proposed);

(G) Locations of major drainage and discharge features (existing and proposed) and natural drainage channels;

(H) Locations of soil storage piles (existing and proposed);

(I) Each existing onsite residual or hazardous waste treatment, storage or disposal facility;

(J) The location (to the extent practicable) of all storage or disposal sites at the facility for solid or liquid waste;

(K) Locations of proposed major structural and nonstructural best management practices (BMPs) to control stormwater pollutants during and after construction;

(L) Surface water bodies which receive stormwater discharges from the facility; and

(M) Whether the drainage system immediately receiving stormwater discharged from the facility is a surface water body, an offsite public or private storm drainage system, or other system as applicable;

(6) A narrative description of proposed BMPs to control pollutants in stormwater discharges during construction, including:

(A) Appropriate erosion and sediment control BMPs that at a minimum meet standards established under the Soil Erosion and Sediment Control Act, 4:24-39 et seq. (and implementing rules). The narrative description shall include a brief description of applicable State and local erosion and sediment control requirements; and

(B) BMPs to control waste such as discarded building materials, concrete truck washout, chemicals, litter, sanitary waste, and other solid or hazardous waste at the construction site;

(7) Copies of approved State or local requirements for BMPs under (a)2iv(6) above;

(8) Maintenance procedures and inspection procedures for BMPs under (a)2iv(6) above; and

(9) Identification of non-stormwater discharges;

v. An estimate of the post-construction runoff coefficient of the site, and the increase in the area of impervious surface after the construction addressed in the individual permit application is completed; and

vi. A narrative description of proposed BMPs to control pollutants in stormwater discharges that will occur after construction operations have been completed, including a brief description of applicable State or local stormwater management controls and erosion and sediment control requirements.

3. The operating entity for an existing or new discharge composed entirely of stormwater from an oil or gas exploration, production, processing, or treatment operation, or transmission facility is not required to apply for a NJPDES DSW permit in accordance with this section, unless the facility:

i. Has had a discharge of stormwater resulting in the discharge of a reportable quantity for which notification is or was required pursuant to 40 C.F.R. 117.21 or 40 C.F.R. 302.6 at anytime since November 16, 1987;

ii. Has had a discharge of stormwater resulting in the discharge of a reportable quantity for which notification is or was required pursuant to 40 C.F.R. 110.6 at any time since November 16, 1987; or

iii. Contributes to a violation of a surface water quality standard.

4. The operating entity for an existing or new discharge composed entirely of stormwater from a mining operation is not required to apply for a NJPDES DSW permit in accordance with this section, unless the discharge has come into contact with any overburden, raw material, intermediate products, finished product, byproduct or waste products located on the site of such operations.

5. Applicants shall provide such other information as the Department may reasonably require under 7:14A-4.3(e) to determine whether to issue a NJPDES DSW permit. The Department may require any operating entity subject to (a)2 above to comply with (a)1 above and submit NJPDES Form RF.

(b) A group application submitted to USEPA under former 40 C.F.R. 122.26(c)(2) does not qualify under (a) above as an application for an individual NJPDES permit, or as a request for authorization under a NJPDES general permit. However, 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) and applies to the Department for an individual NJPDES permit for a stormwater discharge associated with industrial activity, the Department may accept the quantitative data in Part 2 of that group application in lieu of quantitative data collected at the applicant's facility for that stormwater discharge, provided that:

1. The quantitative data in Part 2 of that group application is submitted to the Department by the entity that prepared the group application or by the applicant; and

2. The USEPA has not informed that entity that the quantitative data in Part 2 that was submitted to the Department is inaccurate or incomplete.

(c) Operating entities for stormwater DSW (from point or nonpoint sources) that are identified under 7:14A-24.2(a)1 or 7, but that are not from industrial or commercial facilities or from small MS4s, shall apply for an individual NJPDES DSW permit or request authorization under a final stormwater general NJPDES DSW permit in accordance with the deadlines set forth at 7:14A-24.4 (a)4. Any such operating entity that is required or seeks to obtain an individual DSW permit shall submit an individual permit application in accordance with the requirements of N.J.A.C. 7:14A-4 (except N.J.A.C. 7:14A-4.3(a)11, (a)15 through 24, (c) and (d) and 4.4). This individual permit application shall include:

1. The NJPDES-1 Form;

2. Other information required under 7:14A-4.3 (except as exempted above in this subsection);

3. 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 facility boundaries. The facility boundaries must be marked on the copy; and

4. Such other information as the Department may reasonably require under 7:14A-4.3(e).

N.J. Admin. Code § 7:14A-24.7