Draft Stormwater Discharge Master General Permit Renewal

PHILIP D. MURPHY

DEPARTMENT OF ENVIRONMENTAL PROTECTION

SHAWN M. LATOURETTE

Governor

Mail Code - 501-02A

Commissioner

Bureau of NJPDES Stormwater Permitting and Water Quality Management

SHEILA Y. OLIVER

P.O. Box 420 – 501 E State St., 1

Flr.

Lt. Governor

Trenton, NJ 08625-0420

Phone: (609) 633-7021 / Fax: (609) 777-0432

http://www.state.nj.us/dep/dwq/bnpc_home.htm

Date: July 28, 2022

To: Interested Parties

Re: Draft Stormwater Discharge Master General Permit Renewal NJ0141852 (Category Code R9)

For Tier A Municipal Separate Storm Sewer Systems (aka the Tier A MS4 NJPDES Permit)

The

New Jersey Department of Environmental Protection (the Department) is proposing to renew the Tier A MS4

NJPDES Master General Permit (NJ0141852). The conditions of this permit were last renewed in 2018 and

continue in force pending completion of the renewal process (see N.J.A.C. 7:14A-2-8). A copy of the draft Tier A

MS4 NJPDES Master General Permit is attached to this cover letter.

Enclosed is the public notice for the draft renewal of the Tier A MS4 NJPDES Master General Permit. The permit

renewal will also be public noticed in the Atlantic City Press, Star-Ledger, The Times, and on August 3 in the DEP

Bulletin. Included in the public notice are instructions and requirements for the submittal of comments by a

specified date, information about a public hearing, and other procedures for reaching a final permit decision in

accordance with N.J.A.C. 7:14A-15, 16, and 17.

The

draft Tier A MS4 NJPDES Master General Permit and supporting documents will be posted at

www.nj.gov/dep/dwq/tier_a.htm. I trust that these documents will be useful in understanding the draft permit as

well as for preparing comments on the draft permit. Specific questions about the renewal process may be addressed

to stormwatermanager@dep.nj.gov.

ncerely,

briel Mahon, Bureau Chief

Bureau of NJPDES Stormwater Permitting and Water Quality Management

cc:

Enclosures

New Jersey Department of Environmental Protection

Bureau of NJPDES Stormwater Permitting and Water Quality Management

PUBLIC NOTICE

Notice is hereby given that the New Jersey Department of Environmental Protection (Department) proposes to

renew the Tier A New Jersey Pollutant Discharge Elimination System (NJPDES) Master General Permit

(NJ0141852). Renewal of this permit is in accordance with N.J.A.C. 7:14A, and by authority of the Water

Pollution Control Act at N.J.S.A. 58:10A-1 et seq.

This permit renewal serves to authorize discharges from Municipal Separate Storm Sewer Systems (MS4) from

New Jersey Tier A Municipalities. Stormwater runoff is commonly transported through MS4s before discharging

into local waterbodies. A full copy of the proposed Master General Permit renewal for Tier A is available at

www.nj.gov/dep/dwq/tier_a.htm.

The regulation of stormwater runoff through the Tier A MS4 NJPDES permit is intended to provide water quality

benefits and prevent increased flooding and erosion. The permit is a regulatory mechanism which addresses

stormwater quality and quantity issues related to public works operations, new development, redevelopment, and

existing developed areas by requiring Tier A Municipalities to implement stormwater programs. New Jersey’s

MS4 permit program is prescriptive in nature in that it clearly defines specific permit requirements that incorporate

the Statewide Basic Requirements (SBRs) and other regulatory requirements applicable to Tier A Municipalities.

This includes requirements that pertain to Public Involvement and Participation, Local Public Education and

Outreach, Post Construction Stormwater Management in New Development and Redevelopment, Pollution

Prevention/Good Housekeeping for Municipal Operators, MS4 Mapping, Stream Scouring Detection and Control,

Illicit Discharge Detection and Elimination, and development of a Watershed Improvement Plan.

The Department is establishing a 45-day public comment period for this proposed permit renewal. Written

comments may be submitted via e-mail to stormwatermanag[email protected]. Written comments may also be

submitted to Gabriel Mahon, Chief, or Attention: Comments on Public Notice NJ0141852, at Mail Code 501-

02A, Bureau of NJPDES Stormwater Permitting and Water Quality Management, P.O. Box 420, Trenton, NJ

08625-0420. The public comment period closes 45 calendar days after the last publication in the newspaper or

September 20, 2022 whichever is later. All persons who believe that any conditions of this draft document are

inappropriate must raise all reasonable arguments and factual grounds supporting their position, including all

supporting materials, during the public comment period. All materials supporting a comment shall be included in

full and may not be incorporated by reference. The Department requests that comments submitted on this permit

renewal be numbered and identify the permit requirement subject to the comment in order to adequately respond

to all comments.

The Department will hold a virtual non-adversarial public hearing via Microsoft Teams to solicit public comment

on the Tier A draft permit on September 20, 2022 from 9 A.M. to 12 P.M. The public hearing will be re-opened

from 1:00 P.M. to 4:00 P.M. to accommodate additional individuals if the attendance limitation for the 9:00 A.M.

to 12:00 P.M. Microsoft Teams session is exceeded. The public hearing will close at 12:00 P.M. for the first

session and 4:00 P.M. if a second session is held, or at end of testimony, whichever comes first.

The hearing shall be held before a Hearing Officer designated by the Department. Interested persons will have

the opportunity to electronically present and submit information on the proposed action.

This draft NJPDES permit renewal has been prepared, based on the administrative record which is on file at the

offices of the Department, located at 401 East State Street, Trenton, New Jersey. It is available for inspection, by

appointment, Monday through Friday, between 8:30 A.M. and 4:00 P.M. Appointments for inspection may be

requested through the Open Public Records Act office. Details are available online at www.nj.gov/dep/opra, or

by calling (609) 341-3121.

The Department will respond to all significant and timely comments upon issuance of the final documents. All

individuals and entities that submit written comments will receive notice of the Department’s permit decisions.

New Jersey Department of Environmental Protection

Bureau of NJPDES Stormwater Permitting and Water Quality Management

This fact sheet sets forth the principal facts and the significant factual, legal, and policy considerations

examined during preparation of the draft permit. This action has been prepared in accordance with the

New Jersey Water Pollution Control Act and its implementing regulations at N.J.A.C. 7:14A-1 et seq. -

The New Jersey Pollutant Discharge Elimination System (NJPDES).

PERMIT ACTION: Tier A Municipal Stormwater New Jersey Pollutant Discharge Elimination

System Master General Permit Renewal for Municipal Separate Storm Sewer

Systems (the Tier A MS4 NJPDES Permit) – A Comprehensive General

Permit under 40 CFR 122.28

Precipitation that reaches the ground is either lost by evapotranspiration, infiltrates into the ground below

the root zone (becoming groundwater) or becomes stormwater runoff. Stormwater runoff flows from

rooftops, over paved areas and bare soil, and through sloped vegetated areas while picking up a variety of

sediments and pollutants on its way. The quantity and quality of stormwater runoff is affected by many

factors including the season, local meteorology, geography, topography, land cover, and the activities which

lie in the path of the flow. Impervious surfaces, such as rooftops and pavement, can increase the probability

of downstream erosion and flooding. The quality of the stormwater runoff depends on the associated

pollutants within the flow path of the stormwater. Although the amount of pollutants from a single site may

seem unimportant, the cumulative effect of pollutants accumulating in stormwater runoff from multiple

sites can negatively surface water quality.

Stormwater runoff is commonly transported through Municipal Separate Storm Sewer Systems (“MS4’s”)

before discharging into local waterbodies. In an effort to prevent harmful pollutants from being washed into

and/or transported from an MS4 into local waterbodies, Federal stormwater regulations require MS4

operators to obtain a National Pollutant Discharge Elimination System (NPDES) permit and implement a

stormwater management program. New Jersey Pollutant Discharge Elimination System (NJPDES”) rules

also require MS4 operators to obtain a NJPDES permit and develop a stormwater program. N.J.A.C. 7:14A-

24 and 25 et seq. This permit renewal is a Comprehensive General Permit (under 40 CFR 122.28), which

serves to authorize MS4 stormwater discharges from New Jersey Tier A municipalities and requires those

respective municipalities to develop a stormwater program.

The regulation of stormwater runoff through this permit renewal is intended to continue to provide

substantial water quality benefits, as well as provide enhanced water quality and quantity benefits through

changes the Department deems necessary. These changes are based on current information applicable to

stormwater related concerns, which includes, but is not limited to, surface water quality impairments as per

the final 2016 and draft 2018/2020 Integrated Reports, adopted/approved Total Maximum Daily Loads

(TMDLs), the presence of Harmful Algal Blooms (HABs), the Surface Water Quality Standard water

quality classification upgrades to N.J.A.C. 7:9B that occurred in May 19, 2003, November 3, 2003, August

2, 2004, June 20, 2005, June 16, 2008, and April 6, 2020, as well as the serious stormwater flooding that

has resulted from recent storm events, including Hurricane Ida.

Information gathered from across the country has shown that stormwater runoff has a high potential to

contain various pollutants. Pollutants found in stormwater runoff may include, but are not limited to;

FACT SHEET

1. Introduction

benzene and other volatile organic compounds (“VOCs”) from gasoline, motor oils and other vehicle fluids

(from spills, leaks and accidents); asbestos and various metals from brake pad and other vehicle component

wear and tear, rubber and other material from the breakdown of tires, excess phosphorous and nitrogen

from fertilizers, various oxygen demanding parameters from coffee, juice, soda, etc. being poured/spilled

by pedestrians, excess nutrients and pathogens from various wildlife such as birds, raccoons, etc. and illicit

connections, salt and related additives and/or impurities from deicing procedures, fertilizers and pesticides

from landscaping/lawn areas, and soaps and detergents from vehicle washing, or from power washing of

decks/sidewalks, and buildings. All of these pollutants have an effect on the surface and ground water

quality, including the numerous waters that are used for drinking water across the state. Some of these

pollutants are toxic or carcinogenic in very small amounts, such as benzene and asbestos, while the

pathogens from animal droppings and HAB’s can cause serious health effects for those that come in contact

with them. (see also How common road salts and organic additives alter freshwater food webs: in search

of safer alternatives - Schuler - 2017 - Journal of Applied Ecology - Wiley Online Library)

Water quality concerns were a main driving force behind the development of previous Tier A MS4 permit

requirements. A number of permit conditions have been added or enhanced in this renewal based on a more

recent, comprehensive statewide review of current water quality information and stormwater related

concerns. After completing compliance audits of 58 towns (almost 13% of the current 456 Tier A

municipalities) from 2015 through 2020, and online compliance evaluations of all of the Tier A

municipalities during the COVID pandemic, the Department found many instances of non-compliance with

permit conditions that can directly affect water quality. For example, for the 37 audits that were conducted

since the 2018 permit renewal became effective, many municipalities were not aware that the permit

required them to prioritize maintenance and repairs in the portions of their storm sewer system that

discharged into waterbodies assigned TMDLs. Many Stormwater Pollution Prevention Plans (“SPPP’s”)

did not contain the required basic identification of TMDL’s that affected the municipalities’ receiving

waterbodies, even though that information has been made readily available to the municipalities via the

Department’s TMDL Look-up tool (https://www.nj.gov/dep/dwq/msrp-tmdl-rh.htm

The proposed enhanced permit requirements that are related to inspection and proper operation and

maintenance of all permittee-owned or operated storm sewer infrastructure, are aimed to improve the

control of pollutants, such as nutrients, pathogens, solid and floatable materials, and other harmful

pollutants that can harm the quality of our surface and ground waters of the state. In addition, proper

operation and maintenance is also necessary to ensure that stormwater infrastructure is able to convey

stormwater to the designated discharge location and reduce localized flooding. The enhancements to the

conditions in the 2018 MS4 Tier A permit are generally based on the objective of furthering the

improvement of water quality and quantity impacts from stormwater runoff throughout the state and are

identified and discussed in Section 7 of this Fact Sheet, entitled, “Basis and Background of Tier A Permit

Requirements.” The Department maintains proper implementation of the conditions of this renewal permit

will provide a continued, iterative process towards improving stormwater quality.

The Department also maintains that no conditions contained in this renewal permit constitute an unfunded

mandate under Article VIII, Section II, paragraph 5 of the New Jersey Constitution, or N.J.S.A. 52-13H.

This determination is due to the fact that the requirements contained in this permit renewal are based on

improving water quality impairments and TMDLs as required by the Federal Clean Water Act (Act), and

because the MS4 permittees now have the ability to form stormwater utilities like many other jurisdictions

across the country since the 'Clean Stormwater and Flood Reduction Act' was signed into law in March of

2019. Specifically, where the legislative branch has provided an adequate funding mechanism that can

cover expenses associated to a mandate associated with a statute, rule, or regulation, the mandate cannot be

considered an unfunded mandate. (In the Matter of a Complaint Filed by Ocean Township (Monmouth

County) and Frankford Township. at 5-6 (Aug. 2 2002)).

The 'Clean Stormwater and Flood Reduction Act' became effective after the issuance of the 2018 permit,

and allows a municipality alone, or together with other municipalities, or as a part of a regional entity, to

form a stormwater utility to finance the improvement of the State's stormwater infrastructure, better control

water pollution and flooding, restore and enhance the quality of the State's waters, and protect the public

health, safety, and welfare and the environment by correcting inadequate stormwater infrastructure and

management. The stormwater utilities formed under this Act are required to charge fees based on a fair and

equitable proportional contribution of stormwater runoff from the properties in the utility’s jurisdiction in

order to fund their unique set of stormwater needs.

Specifically, as per the Act:

“The Legislature finds and declares that:

1. The State of New Jersey faces an extensive set of problems due to inadequate stormwater infrastructure

and management, and these problems directly affect the health, safety, economic well-being, and

quality of life of New Jersey residents. When storms occur, rainwater runs off of impervious surfaces

such as roads, roofs, and parking lots, and into stormwater management systems and waterways. This

stormwater carries with it oil, pesticides, other chemicals, sediments, and bacteria that may contaminate

State waters, potentially making them unsafe for drinking, fishing, and recreational purposes. It is

estimated that up to 60 percent of the State's existing water pollution is attributable to stormwater and

nonpoint sources of pollution. Additionally, if a stormwater management system is not in place or is

not able to adequately absorb, capture, or convey stormwater, then runoff in large volume and force

may cause flooding and damage to homes, businesses, and property. A projected increase in sea level

rise and more frequent and severe storms are expected to only increase flooding.

2. New Jersey, in particular, is prone to pollution and flooding problems, with over 10 percent of its land

area covered with impervious surfaces. These problems are particularly acute in the 21 urban New

Jersey municipalities that have combined sewer systems, which routinely overflow and discharge

untreated wastewater and stormwater into the State's waters, contributing to water pollution and

impairing the use and enjoyment of those waters.

3. Stormwater infrastructure in New Jersey currently lacks a dedicated source of funding and,

consequently, receives few upgrades and little maintenance once built. In some instances, stormwater

infrastructure goes unmonitored and unattended until it breaks down; in other instances, it is simply

inadequate to manage stormwater.

4. Establishment of local stormwater utilities presents an effective management strategy to address

stormwater issues. Currently, there are more than 1,500 stormwater utilities operating in 40 states across

the country and the District of Columbia. Stormwater utilities are often authorized to assess fair and

equitable fees to fund the development, improvement, and management of stormwater infrastructure.

The Legislature therefore determined that it is in the public interest to authorize the establishment of local

stormwater utilities, and to allow those utilities to assess fees that are based on a fair and equitable

approximation of the proportionate contribution of stormwater runoff from any real property, in order to

finance the improvement of the State's stormwater infrastructure, better control water pollution and

flooding, restore and enhance the quality of the State's waters, and protect the public health, safety, and

welfare and the environment.”

The Act allows the utilities to use the monies collected from these fees and other charges for various

activities related to stormwater management, as follows:

1. “Initial establishment of a stormwater utility pursuant to P.L2019, c.42 and ongoing related

administrative expenses;

2. Capital expenditures, including planning, design, engineering, acquisition, construction, and

improvement of a stormwater management system;

3. Operation and maintenance expenditures of a stormwater management system;

4. Development and implementation of an asset management program for a stormwater management

system;

5. Development and implementation of a stormwater management plan and stormwater control ordinances

pursuant to section 1 of P.L.1981, c.32 (C.40:55D-93);

6. Any action required pursuant to any New Jersey Pollutant Discharge Elimination System permit;

7. Development and implementation of any long-term control plan to mitigate combined sewer overflows

pursuant to State or Federal law, rule, regulation, permit, or consent decree;

8. Monitoring, inspection, and enforcement activities to carry out the purposes of P.L2019, c.42;

9. Public education and outreach related to stormwater management; and

10. Any other purpose related to stormwater management as may be authorized by the department, the

Division of Local Government Services in the Department of Community Affairs, or the Local Finance

Board pursuant to rules, regulations, or permits.”

More detailed information regarding the Act as well as the guidance information that the Act required the

Department to create is available on the Department’s website at

www.nj.gov/dep/dwq/SWU_stormwaterutility.html

Table of Contents – Fact Sheet

Section

Section Name

Page

Introduction

Federal Stormwater Regulations

New Jersey Municipal Stormwater Program

A. Regulatory Background

B. Regulation of Stormwater from Existing Development

C. Regulation of Stormwater from New Development and Redevelopment

D. Regulation of Groundwater

Tier A MS4 NJPDES Permit History

A. 2004 Tier A MS4 NJPDES Permit

B. 2005 Tier A MS4 NJPDES Permit Modification

C. 2009 Tier A MS4 NJPDES Permit

D. 2018 Tier A MS4 NJPDES Permit

E. Proposed Tier A MS4 NJPDES Master General Permit Renewal

F. Compliance Assistance and Stakeholder Outreach for the Current 2023 Permit Renewal

Identification of Tier A Municipalities

A. Regulatory Background

B. Issuance of Authorizations to Tier A Municipalities

C. Tier Assignment

Overview of Draft Municipal MS4 NJPDES Permit Requirements

A. Overview

B. Use of Best Management Practices to Reduce Pollutants to Maximum Extent Practicable

C. Eligible and Ineligible Discharges (Part II.A)

Basis and Background to Tier A MS4 NJPDES Permit Requirements

Statewide Basic Requirements and Associated Conditions

A. Stormwater Management Program (Part IV.A)

1. Stormwater Program Requirements

2. Stormwater Pollution Prevention Plan (SPPP) Requirements

3. Implementation of SPPP Conditions through Shared or Contracted Services

B. Minimum Standards for Public Involvement and Participation Including Public Notice (Part

IV.B)

1. Public Involvement and Participation Including Public Notice

2. Municipal Stormwater Webpage

C. Minimum Standards for Local Public Education and Outreach (Part IV.C)

1. Local Public Education and Outreach

D. Minimum Standards for Construction Site Stormwater Runoff (Part IV.D)

1. Construction Site Stormwater Runoff

E. Minimum Standards for Post Construction Stormwater Management in New Development and

Redevelopment (Part IV.E)

1. General

2. Municipal Stormwater Management Plan

3. Municipal Stormwater Control Ordinance

4. Mitigation Plans

F. Minimum Standards for Pollution Prevention / Good Housekeeping for Municipal Operators

(Part IV.F)

1. Community-wide Ordinances (Part IV.F.1)

2. Community-wide Measures (Part IV.F.2)

3. Inspection and Maintenance of Stormwater Facilities Owned or Operated by the Permittee

(Part IV.F.3)

4. Inspection and Maintenance of Stormwater Facilities Not Owned or Operated by the

Permittee (Part IV.F.4)

5. Municipal Maintenance Yards and Other Ancillary Operations (Part IV.F.5)

6. Stormwater Program Coordinator (SPC) Training (Part IV.F.6)

7. Annual Employee Training (Part IV.F.7)

8. Stormwater Management Design Review Training (Part IV.F.8)

9. Stormwater Management Rule Amendment Training (Part IV.F.9)

10. Municipal Board and Governing Body Member Related Training (Part IV.F.10)

G. Minimum Standards for MS4 Mapping, Stream Scouring, and Illicit Discharge Detection and

Elimination Program (Part IV.G)

1. MS4 Mapping

2. Stream Scouring

3. Illicit Discharge Detection and Elimination

H. Watershed Improvement Plan (Part IV.H)

1. Background

2. Addressing TMDLs through the 2018 Tier A MS4 NJPDES Permit

3. Addressing TMDL and Impaired Waters through this Tier A MS4 NJPDES Permit

Renewal

I. Optional Measures and Additional Measures (Part IV.I)

1. Optional Measures

2. Additional Measures

J. Recordkeeping (Part IV.J)

K. Annual Report and Certification (Part IV.K)

Electronic Reporting Requirements

Description of Procedures for Reaching a Final Decision on the Draft Action

10, 11, 12

Contact Information, Contents of the Administrative Record, Listing of Acronyms

82-86

Federal MS4 stormwater regulations were issued in two phases:

• Phase I, issued in 1990, requires medium and large cities or certain counties with populations of 100,000

or more to obtain NPDES permit coverage for their stormwater discharges;

• Phase II, issued in 1999, requires regulation of small MS4s (which are smaller jurisdictions) to obtain

NPDES permit coverage for their stormwater discharges; and

• The Phase II stormwater rule was revised by the United States Environmental Protection Agency (EPA

or USEPA) in 2016 as a result of litigation (see

www.epa.gov/npdes/npdes-st

ormwater-final-ms4-

general-permit-remand-rule). The 2016 rule change “does not change the stringency of the underlying

requirements in the statute or Phase II regulations to which small MS4 permittees are subject, nor does

it establish new substantive requirements for MS4 permittees” (81 F.R. 89322). The rule revision

primarily addresses procedural issues and “establishes two alternative approaches a permitting

authority can use to issue NPDES general permits for small MS4s and meet the requirements of the

court remand. The first option is to establish all necessary permit terms and conditions to require the

MS4 operator to reduce the discharge of pollutants from its MS4 to the MEP [maximum extent

practicable], to protect water quality, and to satisfy the appropriate water quality requirements of the

Clean Water Act (“MS4 permit standard”) upfront in one comprehensive permit. The second option

allows the permitting authority to establish the necessary permit terms and conditions in two steps: A

2. Federal Stormwater Regulations

first step to issue a base general permit that contains terms and conditions applicable to all small MS4s

covered by the permit and a second step to establish necessary permit terms and conditions for

individual MS4s that are not in the base general permit. Public notice and comment and opportunity to

request a hearing would be necessary for both steps of this two-step general permit. This final rule does

not establish any new substantive requirements for small MS4 permits.” [language added]. 81 Fed. Reg.

89320 (December 9, 2016). The Department is renewing this permit under the first option by issuing a

Comprehensive General Permit under 40 CFR. 122.28.

Small MS4s that are located within the boundaries of a Census Bureau defined "urbanized area" are

regulated under the EPA Phase II Stormwater Rule. Small MS4s also include those MS4s that are not

covered under the Phase I Regulation. Small MS4 means all municipal separate storm sewers (other than

“large” or “medium” municipal separate storm sewer systems as defined in N.J.A.C. 7:14A-1.2) that are:

• Owned or operated by municipalities described under N.J.A.C. 7:14A-25.2(a)1;

• Owned or operated by county, State, interstate, or Federal agencies, and located at public complexes as

described under N.J.A.C. 7:14A-25.2(a)2;

• Owned or operated by county, State, interstate, or Federal agencies, and located at highways and other

thoroughfares as described under N.J.A.C. 7:14A-25.2(a)3; or

• Owned or operated by county, State, interstate, Federal, or other agencies, and receive special

designation under N.J.A.C. 7:14A-25.2(a)4.

No urban areas in New Jersey currently qualify as a large or medium MS4s. Rather there are only small

MS4s. The Federal Phase I rules did identify Paterson, Perth Amboy and Jersey City as medium MS4’s,

and Newark as a large MS4. However, these municipalities are served primarily by combined sewers which

are regulated under NJPDES permits for combined sewer systems rather than as medium or large MS4’s.

The populations in the areas that are served by separate storm sewers within these municipalities are below

the threshold to trigger the medium or large MS4 permits. Therefore, all MS4s covered under this permit

are “small MS4s.”

The Federal regulations also require discharges to obtain NPDES permits for water quality reasons in

addition to the requirement based on population in an urbanized area that is discussed above. Stormwater

discharges that contribute to a water quality impairment or are a significant contributor of pollutants to the

receiving waters are not exempt from obtaining a NPDES permit. Specifically, 40 CFR 122.26 states that

“… discharges composed entirely of storm water shall not be required to obtain a NPDES permit except:

“…

(v) A discharge which the Director, or in States with approved NPDES programs, either the Director

or the EPA Regional Administrator, determines to contribute to a violation of a water quality standard

or is a significant contributor of pollutants to waters of the United States. This designation may include

a discharge from any conveyance or system of conveyances used for collecting and conveying storm

water runoff or a system of discharges from municipal separate storm sewers, except for those

discharges from conveyances which do not require a permit under

paragraph (a)(2) of this section or

agricultural storm water runoff which is exempted from the definition of point source at § 122.2.

The Director may designate discharges from municipal separate storm sewers on a system-wide or

jurisdiction-wide basis. In making this determination the Director may consider the following factors:

(A) The location of the discharge with respect to waters of the United States as defined at

40 CFR

122.2.

(B) The size of the discharge;

(D) Other relevant factors. ”

The Federal Phase II Rule at 40 CFR 122.34 requires that operators of small MS4s develop, implement,

and enforce a program that includes six minimum control measures to minimize the amount of pollutants

discharged into receiving waterbodies from small MS4s. The Federal Six Minimum Control Measures are

as follows:

1. P

ublic Education and Outreach: Distribution of educational materials and performance of outreach to

inform citizens about the impacts polluted stormwater runoff discharges can have on water quality;

2. P

ublic Involvement/Participation: Providing opportunities for citizens to participate in program

development and implementation;

3. I

llicit Discharge Detection and Elimination: Development and implementation of a program to detect

and eliminate illicit discharges to the MS4;

4. C

onstruction Site Storm Water Runoff Control: Development, implementation and enforcement of an

erosion and sediment control program for construction activities that disturb one or more acres of land;

5. Po

st-Construction Storm Water Management in New Development and Redevelopment: Development,

implementation, and enforcement of a program to address discharges of post-construction storm water

runoff from new development and redevelopment areas; and

6. P

ollution Prevention/Good Housekeeping for Municipal Operations: Development and implementation

of a program with the goal of preventing or reducing pollutant runoff from municipal operations.

A. Regulatory Background

Stormwater discharged from an MS4 is regulated through both Federal and state rules. In response to

EPA’s 1999 Phase II stormwater rules, the Department promulgated:

• The Phase II NJPDES Stormwater rules, N.J.A.C. 7:14A-24 & 25

(https://www.state.nj.us/dep/dwq/714a.htm

) ad

ministered as the Additional Requirements For

Certain Stormwater Discharges and the Municipal Stormwater Regulation Program

(www.nj.gov/dep/dwq/msrp_home.htm), respectively.

• The Stormwater Management rules, N.J.A.C. 7:8 administered as the Stormwater Management

Program (https://www.njstormwater.org/).

Formally defined at N.J.A.C. 7:14A-1.2, a “municipal separate storm sewer system,” aka MS4, is

generally a conveyance or system of conveyances that ultimately discharges to waters of the State and:

• Is owned or operated by a town, township, city, borough, village, county, state, or other public

entity;

3. New Jersey Municipal Stormwater Program

• Is designed or used to collect or convey stormwater;

• Is not a combined sewer;

• Is not part of a publicly owned treatment works (e.g., sewage treatment system); and

• Includes curbs, gutters, ditches, manmade channels, storm drains, catch basins, municipal streets,

or roads with drainage systems.

To protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water

Act, the MS4 State rules (N.J.A.C. 7:14A-25) require the Department to issue permits regulating each

small MS4. These MS4 permits specify the minimum control measures that must be implemented by

the permittee. These control measures serve to reduce the discharge of pollutants from the Tier A

municipality’s MS4, municipal maintenance yards and other ancillary operations, to the maximum

extent practicable pursuant to N.J.A.C. 7:14A-25.6(a)1 and 40 CFR 122.34(a) to protect water quality

and to satisfy the appropriate water quality requirements of the Clean Water Act. The benefit of this

approach was described in the NJPDES rule adoption notice published in the February 2, 2004 New

Jersey Register (See 36 N.J.R. 828-829).

New Jersey’s NJPDES MS4 permit program was developed under N.J.A.C. 7:14A-25 et seq., which

requires all New Jersey municipalities; state, county and interstate transportation entities; and certain

public complexes to apply for a NJPDES permit. N.J.A.C. 7:8 et seq. established the requirements for

stormwater management plans and stormwater control ordinances, design and performance standards

for stormwater management measures, and long-term operation and maintenance of stormwater

management measures. The following Master General Permits currently address stormwater discharges

from these MS4s in New Jersey:

• Tier A Permit (NJ0141852);

• Tier B Permit (NJ0141861);

• Public Complex Permit (NJ0141879); and

• Highway Agency Permit (NJ0141887).

To administer these Master General Permits, the Department issues each eligible entity a separate

General Permit Authorization to discharge under one of the above listed general permits. Because New

Jersey does not currently have any municipalities that operate medium or large MS4s, as explained

above, all municipalities operate “small MS4s.” The Tier A Municipal Stormwater Master General

NJPDES permit authorizes the discharge of stormwater from small MS4s for Tier A Municipalities in

New Jersey, which include eligible discharges from municipal maintenance yards and other ancillary

operations owned or operated by those Tier A municipalities. It should also be noted that stormwater

discharges from wood chipping and leaf composting activities are no longer authorized under this

general permit. Those discharges will now require authorization under the new Wood Waste Recycling

and Leaf Composting NJPDES Stormwater Master General Permit. Further discussion regarding this

change from the 2018 permit is included later in this fact sheet under Section 7.F.5., Municipal

Maintenance Yards and Ancillary Operations.

This MS4 NJPDES Master General Permit is a Comprehensive General Permit (under 40 CFR 122.28)

which identifies the requirements necessary to “reduce pollutants to the maximum extent practicable,

protect water quality and satisfy the appropriate water quality requirements of the Clean Water Act”

from stormwater discharges. Under the Department’s MS4 general permit program and consistent with

N.J.A.C. 7:14A-6.13, a general permit is the means by which the Department regulates a large number

of similar dischargers. To request authorization under the general permit, municipalities submit a

Request for Authorization (RFA) which represent a formal acceptance of the terms of the general

permit. See N.J.A.C. 7:14A-6.13(d). As provided by N.J.A.C. 7:14A-6.13(d)9 and 25.4(a)3, upon

reissuance of this general permit, existing authorizations shall be automatically renewed using the

information provided in the permittees’ most recently submitted RFA (see Part II.B.1 of the draft

permit) and the information collected by the Department in each permittee’s Annual Report and

Certification received electronically through the Department’s Regulatory Services Portal.

Alternately, a permittee may request their stormwater discharges be authorized under an individual

stormwater permit, as described in N.J.A.C. 7:14A-6.13(g). Any permittee pursuing authorization

under an individual stormwater permit shall submit an application (see

https://nj.gov/dep/dwq/forms_storm.htm

) under N.J.A.C. 7:14A-4 et seq. with reasons supporting the

request for the individual permit. Additionally, the application for the individual permit must contain

the information required under 40 CFR §122.33(b)(2). The Department will grant the request if the

reasons and information cited by the permittee are determined to be adequate to support the request.

B. Regulation of Stormwater from Existing Development

The pollutants discharged from small MS4s vary and may contain conventional and non-conventional

pollutants such as pathogens/bacteria, nutrients, total suspended solids, dissolved solids, petroleum

hydrocarbons, metals, volatiles, pesticides, PCBs, and solid and floatable material. The concentration

of pollutants as well as the volume of the stormwater discharged from each MS4 outfall is directly

linked to factors such as land use, development, percent of impervious surface, and human activities

that occur in the drainage area.

Under N.J.A.C. 7:14A-25.6 and as required under General Permit Authorizations issued under the

general permit, Tier A Municipalities are required to implement various control measures to reduce

pollutant loadings to watersheds from existing development. Specifically, and consistent with the

general permit requirements included under 40 CFR 122.28, each municipality must develop,

implement, and enforce a stormwater program. Pursuant to N.J.A.C. 7:14A-25.6(a)3, the Tier A

Municipality must document its stormwater program in a Stormwater Pollution Prevention Plan

(SPPP). The SPPP must describe the measures necessary for compliance with the permit, including the

Statewide Basic Requirements (as developed to implement the Federal six minimum control measures

at 40 CFR 122.34) and other permit conditions. Some examples of control measures that are required

to be described in the SPPP include documentation of permit required adoption and enforcement of a

pet waste disposal ordinance, prohibition on the feeding of unconfined wildlife on public property, and

catch basin cleaning. The Department has developed a free SPPP template at

https://nj.gov/dep/dwq/tier_a.htm

for municipalities to use to assist with this requirement.

C. Regulation of Stormwater from New Development and Redevelopment

Post-construction stormwater management in new development and redevelopment are components of

the minimum control measures at 40 CFR 122.34(b)(5). The regulatory standards to ensure that the

stormwater measures of such developments are both properly designed, constructed, and thereafter

maintained lie largely in the Stormwater Management rules (N.J.A.C. 7:8), which are incorporated as

part of the overall Federal municipal stormwater program consistent with 40 CFR 122.34(c).

The Stormwater Management rules at N.J.A.C. 7:8 set forth the required components of a Municipal

Stormwater Management Plan (MSWMP). As an integral part of a municipality’s master plan, the

MSWMP details the municipality’s strategy, measures, and process to manage post construction

stormwater runoff from new development and redevelopment to ensure compliance with N.J.A.C. 7:8.

The MSWMP is a significant component of the Stormwater Pollution Prevention Plan (SPPP), which

is a requirement under this permit and consistent with the written stormwater management program

document required by 40 CFR 122.34(b).

The Stormwater Management rules at N.J.A.C. 7:8 define what constitutes new development and

redevelopment projects. The Stormwater Management rules at N.J.A.C. 7:8-5 also establish the

stormwater management design and performance standards for water quality, water quantity,

groundwater recharge, and green infrastructure. The design and performance standards of the

Stormwater Management rules are implemented for major development by the municipalities under the

authority of Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) through the municipalities’

stormwater control ordinances adopted with the MSWMPs. Furthermore, the design and performance

standards of the Stormwater Management rules are incorporated by reference in the Residential Site

Improvement Standards (RSIS, N.J.A.C. 5:21- 7), which apply to residential developments. In addition

to implementation through the municipality’s land use approval, the design and performance standards

of the Stormwater Management rules are implemented by the Department through the review of permits

issued by the Division of Land Use Regulation (Flood Hazard, Freshwater Wetlands, Coastal Area

Facility Review Act (CAFRA), Waterfront Development, Coastal Wetlands, and Highlands Water

Protection and Planning).

The Stormwater Management rules require applicants for major development to minimize the impacts

of development on water quality, quantity (flooding), groundwater recharge and through the use of

green infrastructure. “Green infrastructure” is defined at N.J.A.C. 7:8-1.2 to mean stormwater

management measures that manage stormwater close to its source either by stormwater runoff treatment

through infiltration into subsoil, treatment by vegetation or soil, or storage for reuse. The Stormwater

Management rules under N.J.A.C. 7:8 overall implement various water quality, water quantity, and

groundwater recharge design and performance standards intended to provide water quality treatment

for total suspended solids (TSS) and nutrients, prevent increases to flooding and erosion, and prevent

the depletion of aquifers and base flow of watercourses, respectively.

D. Regulation of Groundwater

This permit authorizes all new and existing stormwater discharges to surface water or ground water

from small MS4s owned or operated by Tier A Municipalities. To the extent that the permit regulates

underground injection, the permit also implements EPA’s regulations (found mainly at 40 CFR144-

148) for the Federal Underground Injection Control (UIC) Program. The UIC Program was created

pursuant to Part C of the Federal Safe Drinking Water Act (42 U.S.C. 300f et seq.). EPA recognizes

that States issue general as well as individual permits to regulate Class V injection wells (see 64 Fed.

Reg. 68554 (December 7, 1999), 67 Fed. Reg. 39590 (June 7, 2002), and the Class V Underground

Injection Control Study, Volume 1 (see

www.epa.gov/uic/class-v-underground-in

jection- control-

study). UIC is also covered in the NJPDES Regulations at N.J.A.C. 7:14A-8.

A. 2004 Tier A MS4 NJPDES Permit

New Jersey first issued the Tier A MS4 NJPDES Permit in 2004 consistent with the requirements of

N.J.A.C. 7:14A-25.6. This permit included the below listed Statewide Basic Requirements (SBRs) and

related best management practices (BMPs) that were designed to achieve the Federal Six Minimum

Measures discussed in Section 2, Federal Stormwater Regulations above. These permit requirements

were prescriptive in nature to aid in implementation where compliance of SBRs and related BMPs must

be detailed in the municipality’s SPPP. A summary of SBRs as included in the 2004 Tier A NJPDES

Permit included the following:

• Public Notice for public participation in the development of Tier A Municipality stormwater

4. Tier A MS4 NJPDES Permit History

programs;

• Post-Construction stormwater management in new development and redevelopment;

• Local public education;

• Ordinances addressing improper disposal of waste;

• Illicit connection elimination and MS4 outfall pipe mapping;

• Solids and floatable controls;

• Municipal maintenance yard operations;

• Employee training; and

• Construction site stormwater runoff control.

The 2004 permit also included a provision for additional measures. Pursuant to N.J.A.C. 7:14A-25.6(e),

additional measures are non-numeric or numeric effluent limitations that are expressly required to be

included in the stormwater program by an areawide or Statewide water quality management plan as

adopted in accordance with N.J.A.C. 7:15. Additional measures could also be required by the

Department based on an adopted Total Maximum Daily Load (TMDL) approved or established by

USEPA, or an equivalent analysis that determines such additional measures are needed to protect water

quality, or a regional stormwater management plan adopted under N.J.A.C. 7:8. For additional

measures other than numeric effluent limitations, the areawide or Statewide WQM plan shall specify

the BMPs that the permittee or another entity (see N.J.A.C. 7:14A-25.6(a)3 or 25.8(e)) will implement

along with the measurable goals for each of those BMPs.

The 2004 permit also included a provision for optional measures. Optional measures are BMPs that are

included at the municipality’s discretion (in addition to any other permit requirements) that are intended

to further prevent or reduce pollution of the waters of the state pursuant to N.J.A.C. 7:14A-25.6(i). In

the case of optional measures, the SPPP shall specifically identify such BMPs as optional measures and

identify actions to implement those optional measures.

B. 2005 Tier A MS4 NJPDES Permit Modification

The Department issued a modification to the 2004 permit to further develop and refine certain aspects

of the permit. This included the following changes:

• Expanded the scope of non-stormwater discharges allowable to include rinsing and wash water

from certain activities;

• Established a definition of “catch basin”;

• Revised requirements within the Post-Construction Stormwater Management in New Development

and Redevelopment section;

• Revised the Yard Waste Ordinance / Collection Program to provide Tier A Municipalities with

additional flexibility on yard waste collection; and

• Established an Equipment and Vehicle Washing permit requirement.

C. 2009 Tier A MS4 NJPDES Permit

The permit was renewed in 2009. A summary of the most significant changes included in the 2009

permit are itemized below:

• Established a definition for “Permanent Structure” to clarify eligible structures for De-Icing

Storage;

• Established a point system for the Local Public Education Program;

• Removed the 7-day requirement from the Yard Waste Collection Program and Ordinance;

• Required adoption and enforcement of a Fertilizer Management Ordinance for select

municipalities;

• Required adoption and enforcement of an ordinance mandating the retrofitting of storm drain inlets

by private entities when repaving parking lots or private roads;

• Required adoption and enforcement of an ordinance requiring certain private dumpsters and refuse

containers to be covered and leak proof;

• Removed the Road Erosion Control BMP requirement;

• Clarified the storm drain inlet retrofitting permit requirement to specifically state that “resurfacing

(including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen)” is

repaving;

• Revised the Solids and Floatables Control permit requirement so that catch basin cleaning becomes

a separate BMP with a schedule for catch basin inspection and cleaning;

• Required permittees to record where and when vehicle and equipment washing activities occur;

• Refined the language within the minimum standard of the Employee Training BMP; and

• Required revision of the SPPP on or before June 1, 2009 to incorporate the changes required by the

2009 renewal.

D. 2018 Tier A MS4 NJPDES Permit

The permit was renewed again in 2018. A summary of the most significant changes included in the

2018 permit are itemized below:

• The structure of the permit was reorganized and revised from a single Part I – narrative style permit

– in the 2009 renewal, to a multiple part permit in order to separate the broadest requirements from

the most specific in an effort to improve readability, clarity, and enforceability. These new parts

were:

o Part I General Requirements: NJPDES which lists broad citations applicable to all NJPDES

Permits;

o Part II General Requirements: Discharge Categories which provides general permit

requirements that are applicable only to this permit category (e.g., Eligibility, Administrative

Process and General Conditions);

o Part III Recordkeeping and Reporting which states the general obligation to maintain records

and report compliance status in the Annual Report and Certification;

o Part IV Specific Requirements: Narrative - Notes and Definitions which provides notes and

definitions including a list of acronyms used in Parts I through IV. References in this fact sheet

and within this permit to Part IV “Notes and Definitions” are preceded with the words “Notes

and Definitions” (e.g., Notes and Definitions Part IV.A.1); and

o Part IV Specific Requirements: Narrative - Tier A Municipal Stormwater General Permit which

includes a general overview and the specific requirements which a permittee was required to

meet in order to remain in compliance with the permit. References to Part IV “Tier A Municipal

Stormwater General Permit” are, for the sake of brevity, not preceded by descriptive text (e.g.,

Part IV.A.1).

• Two new sections were added to Notes and Definitions, Part IV.A.3 and 4, which are intended to

provide the permittee with a ready reference to state and Federal guidance documents. A list of

acronyms was added, and changes were made to some definitions. The Department added new

definitions; modified definitions found in the 2009 permit; and removed one definition found in the

2009 permit;

• New definitions were added for the following terms: “Green infrastructure”, “Maintenance Plan”,

“Major Development”, “Manufactured treatment device”, “Storm drain inlet”, "Stormwater

management basin", “Stormwater management measure”, “Stream scouring”, “Subsurface

infiltration/detention system”, “Tier A Municipality’s MS4”, “Wood waste”, and Yard trimmings”.

• Modifications were made to the definitions for the following terms: “Existing Permittee”, “Illicit

connection”, “Municipal separate storm sewer”, “New permittee”, “Permanent structure”, “Small

MS4”, “Solids and floatable materials” and “Stormwater facility.”;

• The definition of “Original EDPA” is removed since it is not used in this draft permit renewal as it

was intended for the first iteration of the permit as issued in 2004. Finally, the definition for “MS4”,

which was only the description of an acronym, has been removed from the definition section and

moved to the new list of acronyms;

• Eliminated the formula of Minimum Standard, Measurable Goal, and Implementation schedule

found throughout Part I of the 2009 permit and only stated Minimum Standard in the body of the

permit;

• Renamed the first permit requirement from the 2009 permit “Public Notice” to “Public Involvement

and Participation Including Public Notice” to align with the Federal minimum control measures

more closely;

• Renamed the second permit requirement from the 2009 permit “Local Public Education” to “Local

Public Education and Outreach” to align with the Federal minimum control measures more closely;

• Expanded local public education point system to include activities or events under five categories

and increased the amount of required points from 10 to 12;

• Includes new Part IV.A.3.e requiring the permittee to modify its stormwater program within one

year of any notification by the Department that such a change is necessary;

• Made the refuse container/dumpster ordinance optional;

• Removed the requirement for the fertilizer management ordinance;

• Added additional BMPs to be implemented at the maintenance yard for various activities

(inspections and good housekeeping, fueling operations, discharge of stormwater from secondary

containment, vehicle maintenance, equipment and vehicle washing and wash wastewater

containment, salt and de-icing material storage and handling, aggregate material storage, street

sweepings, catch basin clean out and other material storage, yard trimmings and wood waste

management sites); and

• Added the Stormwater Management Design Review (SWMDR) training requirement and

municipal board and governing body member related training requirement.

The final 2018 Tier A MS4 permit renewal was subsequently appealed following its issuance on

November 9, 2017. More specifically, the Delaware Riverkeeeper Network and Stony Brook-Millstone

Watershed Association, Save Barnegat Bay, Raritan Headwaters Association, NY/NJ Baykeeper,

Hackensack Riverkeeper, Association of New Jersey Environmental Commissions filed an appeal of

the November 9, 2017 NJPDES permit with the Appellate Division of the New Jersey Superior Court.

The New Jersey Appellate Division issued an opinion, Delaware Riverkeeper Network and Maya Van

Rossum, Delaware Riverkeeper v. NJ Department of Environmental Protection, Docket A-001821-

17T3 and A-1889-17T3, on March 18, 2020 affirming the NJPDES MS4 permit.

E. Proposed Tier A MS4 NJPDES Master General Permit Renewal

This subject draft Tier A MS4 NJPDES permit action serves to renew the 2018 Tier A MS4 NJPDES

permit. This Tier A MS4 NJDPES master general permit is proposed to be renewed and a summary of

the most significant changes proposed are listed below, with a detailed explanation of each of these

changes in Section 7 of this fact sheet below:

• Requiring all (including new) Tier As to develop a Watershed Improvement Plan (“WIP”) in stages

over the 5-year permit term to address water quality impairments, TMDLs & protect high quality

waters;

• Requiring mapping of all MS4 stormwater infrastructure;

• Removing authorizations for leaf composting operations at municipal maintenance yards under the

Tier A, and require authorizations under the new Wood Waste Recycling & Leaf Compost General

Permit to be issued concurrently with the Tier A renewal;

• Increasing street sweeping from monthly on some town roads - to all town roads 1-3 times per year,

depending on presence of storm drain inlets;

• Requiring the review of de-icing additive ingredients;

• Requiring towns to finish storm drain inlet retrofits by end of the 5-year permit cycle;

• Adding a minimum inspection frequency for public and private BMPs to ensure proper

maintenance;

• Adding a requirement for towns to require commercial/industrial facilities to cover salt piles year-

round when not in use (such as mall parking lots);

• Requiring enhanced Best Management Practices at Municipal Maintenance Yards - will require

covering of additional types of materials stored in the yards & include links to the Wood Waste

Recycling & Leaf Compost General Permit;

• Requiring removal of piles of excess residual salt on roads/parking lots deposited during spreading

operations;

• Requiring measurable time frames for stream scouring and illicit connection program remediation;

• Requiring towns to establish a dedicated stormwater webpage (we have a template posted on our

webpage which has already been used by some towns );

• Increasing frequency of some employee stormwater training to annual to be reflective of annual

SPPP updates;

• Adding the road erosion sediment control requirement back into the permit; and

• Enhancing the SWMDR training requirement to require a short update course to cover rule

amendments.

It should also be noted that the five attachments to the 2018 permit have been revised. These changes

are summarized below with additional descriptions included in Section F:

• Attachments A and A-1 - Measurable Goals and Implementation Schedule, which reiterated many

of the permit requirements in tabular form and included due dates for existing permittees and new

permittees, respectively, has been removed and all permit requirements from this attachment have

been incorporated throughout the body of the permit;

• Attachment B - Point System for Public Outreach and Education has been revised to remove points

for creating a dedicated stormwater webpage, as well as other minor updates, and is now

Attachment A;

• Attachment C - Design Standards for Storm Drain Inlets has been revised slightly to remove the

reference to the netting facility and is now Attachment B;

• Attachment D – Major Development Stormwater Survey, has been removed from the permit, and

now a revised version of that form is required to be submitted with the Supplemental Questionnaire

with each Annual Report;

• Attachment E – Best Management Practices for Municipal Maintenance Yards and other Ancillary

Operations, has been removed and all permit requirements from this attachment have been

incorporated into the body of the permit.

F. Compliance Assistance and Stakeholder Outreach for the Current 2023 Permit Renewal

In an effort to improve overall effectiveness of the permit renewal process and to maximize stakeholder

input, the Department held three virtual preliminary outreach sessions in August of 2021:

MS4 Permit Renewal Preliminary Outreach

Meeting Dates

MS4 Outreach – South

8/25/2021

MS4 Outreach – Central

8/26/2021

MS4 Outreach – North

8/31/2021

These preliminary outreach sessions were held to explain and gather feedback about potential new MS4

permit renewal conditions to address current water quality concerns, including TMDLs and water

quality impairments. The invitations to these sessions were emailed on August 6, 2021, to the

Stormwater Program Coordinators of the 456 Tier A municipalities and 101 Tier B municipalities.

These invitations were also open to each municipality’s respective consultants as well. Invitations were

also sent to 92 interested parties, including various environmental groups. A total of 122 people

attended these sessions, some of whom attended more than one session, and some consultants

represented multiple towns. Requests were received to address the following various stormwater

related topics:

• Enhance the stormwater management measure BMP inventory, maintenance, inspection, and

enforcement requirements;

• Require the retrofitting of existing development with stormwater management BMPs;

• Ensure that the permit requires permittees to conduct meaningful public outreach;

• Require annual updating of contact information in SPPP’s to maintain continuity through municipal

staff turnover;

• Consider making funding available and what the cost associated with compliance with new or

revised permit requirements would be;

• Consider climate change related concerns including data collection and costs incurred by

municipalities due to the impacts of climate change such as increased flooding and sea level rise;

• Require improved personnel training, including better online stormwater training, and requiring

operator licenses for storm sewer operators; and

• Incorporate enhanced TMDL considerations into local stormwater management planning,

including pollution reduction targets and water quality monitoring.

The Department then prepared a pre-draft of the permit renewal, which was emailed on March 2, 2022,

to the Stormwater Program Coordinators of the 456 Tier A towns, 101 Tier B towns, and 63 interested

parties, and scheduled the following virtual outreach sessions. Emails including the pre-draft permit

were also sent to the mayors of all Tier A and Tier B towns.

MS4 Permit Renewal Pre-Draft Outreach

Meeting Dates

MS4 Outreach 1

3/22/2022

MS4 Outreach 2

3/24/2022

Emails went to fewer members of interested parties for the March outreach sessions based on the

undeliverable and returned emails from the August outreach. A total of 71 people attended these

sessions, representing at least 53 Tier A municipalities, an unknown number of Tier B municipalities,

12 interested parties, and 3 phone-in attendees of unknown affiliation.

During the March 2022 outreach sessions, the Department received the following questions and

comments:

• Will the ordinances requiring covering of private salt storage and tree removal also require an

enforcement component by the municipalities and will the Department provide models of these two

new ordinances?

• Clarify the following issues regarding the Watershed Improvement Plan (WIP):

o Will the development of a WIP make towns eligible for 319(h) funding and are public-private

partnerships an option for funding of the WIP?

o Will the Watershed Improvement Plan require towns to achieve the percent reductions

specified in each TMDL and will TMDLs be revised to include other contaminants such as

microplastics or PFAS?

o Will towns be required to incorporate existing Watershed Restoration Plan recommendations

into the WIP and can municipalities take a regional/watershed-based approach to the WIP?

o How are the pollutant reduction goals of the Watershed Management Plan determined, and how

do they correlate to the TMDL percent reductions?

o As part of the Watershed Inventory Report for the WIP, the permittee must submit an electronic

map of overburdened communities and prioritize the needs of overburdened communities in

the final WIP. Hasn't NJDEP already developed a GIS layer that provides a determination of

overburdened communities and can be used for this?

o Does the requirement to map storm drain inlets just apply to inlets that are owned/operated by

permittee and what satisfies the location requirement?

o Provide clarification on what sort of timeline municipalities should be considering when they

think about watershed improvements? For example, should municipalities be implementing

these improvements over 10 years? 20 Years?

• Clarify if Stream Scouring and erosion happen to sections of streams or other waterbodies not near

a municipal outfall, does the permit still require streambank stabilization :

• Provide direction/clarification on what to look for during Illicit Discharge Detection & Elimination

inspections, how to request an extension for illicit discharge remediation after month 11, and will

the Department have an ultimate deadline for illicit discharges to be remediated.

• Clarify if the Mapping of Stormwater Facilities include all outfalls or just outfalls that discharge

directly to surface water and whether it applies to privately owned stormwater management

facilities as well.

• Provide clarification on whether the new Storm Drain Inlet Retrofit requirement is required for

privately owned storm drain inlets? And can this requirement be moved under the WIP section of

the permit.

• Are Optional Measures being removed from the permit renewal and if so, can they be put back?

• The Residential Site Improvement Standards (RSIS) has no grounds to regulate stormwater

statewide and references should be removed from the permit.

The Department explained during the outreach sessions that we will provide model language for both

the Privately-Owned Salt Storage Ordinance and the Tree Removal/Replacement Ordinance.

Municipalities will need to adopt the ordinances and establish an enforcement policy, though the

improper storage of salt on private properties that results in illicit discharge to stormwater may already

be enforced through the Illicit Connection Ordinance which is a condition of the 2018 permit.

While some stakeholders were pleased to see the addition of a Watershed Improvement Plan in the

MS4 permit, particularly given the potential to improve local water quality and flooding problems,

other participants were concerned about funding. They asked if the formation of a Stormwater Utility

would be an appropriate source of funds and/or if there would be grant money available to fulfill the

requirements in the Watershed Improvement Plan and other permit conditions that pose budgetary

concerns for municipalities to be compliant. Discussion followed to advise that 319(h) grants may be

available for projects involving green infrastructure and that Stormwater Utility fees would also be an

appropriate source of funding. Some stakeholders asked if it is required to incorporate existing

watershed restoration plans. The Department advised that this would be encouraged but is not required,

as is collaborating with neighboring municipalities to establish a regional approach. For stakeholders

who expressed strong interest in being involved in municipalities’ Watershed Improvement Plans, the

Department noted that there will be a 60-day public comment period for each report/phase of the

development of plans and for each project thereafter, and that it is open for anyone to participate.

A stakeholder asked if existing developments could be included in the retrofits of storm drain inlets and

the Department advised that the municipality is already required under the 2018 Tier A permit to adopt

and enforce an ordinance requiring the retrofitting of existing storm drain inlets on private property but

may also choose to include additional private storm drain inlet retrofitting requirements as part of their

Watershed Improvement Plan.

Stakeholders asked a few questions regarding clarification of the stormwater infrastructure mapping

requirements. It was clarified that under this permit, mapping is only required to be completed by the

municipality and not by private entities since they are not MS4 permittees. However, private stormwater

infrastructure is required to be included on the permittee’s maps as part of the Watershed Improvement

Plan. A stakeholder asked if green infrastructure is required to be mapped and it was clarified that all

stormwater facilities are required to be mapped and that green infrastructure falls under the definition

of a stormwater facility.

Optional Measures were removed from the pre-draft Tier A renewal permit and a commenter requested

that it to be added back into the permit. It was answered that it was taken out as there is no restriction

on the town being able to adopt Optional Measures. It was also discussed that Optional Measures are

not enforceable by DEP. However, in response, the Department has added this section back into the

permit renewal.

A commenter requested that references to RSIS be deleted and to also include language that references

the Clean Water Act and the New Jersey Pollutant Discharge Elimination System (NJPDES) rules to

make it clear that the goal is to improve water quality.

The Department received 21 comments from the USEPA, which are summarized here:

• Include definitions for measurable goal, surface water body, and waters of the State;

• Make language in certain sections of Part IV more clear, specific, and measurable;

• Include publicly-owned green infrastructure in the Infrastructure Map;

• Require proposed changes to the MSWMP be reviewed by the county planning agency before local

adoption;

• Add additional specifications to catch basin inspection requirements and catch basin cleaning;

• Do not rely on fluoride concentrations as an indicator in the Illicit Connection Report Form and

guidance as most of New Jersey’s water supplies are not fluoridated;

• Clarify if the permittee will need a map of drainage areas to each outfall for identifying sources of

stormwater that contribute to scouring;

• EPA supports the improved TMDL language requiring permittees to know the TMDLs associated

with their MS4s and develop a plan to meet their TMDLs;

• Add details on how the Watershed Improvement Plan section includes waste load allocations;

• Define “overburdened communities” or provide a method for permittees to determine such

communities (i.e., with use of NJ State environmental justice GIS maps);

The Department also received 575 emailed comments from various stakeholders, including

municipalities, environmental groups, and other individuals. Many of these comments were similar to

those received during the two outreach sessions in March 2022, while comments on additional topics

were also received, including:

• Provide clarification to the statement in Part IV.E.1.i. that RSIS only applies to areas in the

municipalities that contribute stormwater to ‘eligible stormwater discharges;’

• Consider that vegetation, terrain, density and other factors are so different between communities in

the southern, central and northern regions, that the concept of one Tree Ordinance for all is

unrealistic;

• Support for the water quality related requirements pertaining to impairments and TMDLs;

• Provide clarification that the Stormwater Program Coordinator must be duly appointed or

authorized by such;

• Amend Part IV.A.1.f. to include an additional statutory citation that Master Plans shall include

MSWMPs;

• Suggested the removal of references to “STORMWATER UTILITY” from the permitting language

at Part IV.A. 3.a; and

• Recommended the inclusion of a compliance schedule in Part IV.G.2 or 3 and extending the

deadline for expansion of permittees’ illicit connection programs to include stormwater outfalls

that are not pipes.

The Department also held many earlier stakeholder outreach sessions during the preparation of the

March 2, 2020, amendments to the Stormwater Management rules at N.J.A.C. 7:8 and formed

subgroups to address some of the remaining issues that were brought up by stakeholders but were

outside the scope of the Stormwater Management rules amendments being discussed at that time. One

of the subgroups that was formed, the TMDL subgroup, focused on how the Department should address

stormwater discharges to waters that are subject to TMDLs. The subgroup consisted of stakeholders

representing developers, consultants and environmental groups, including three of the environmental

groups that appealed the 2018 MS4 renewal. See Delaware Riverkeeper Network v. New Jersey

Department of Environmental Protection, Dkt. A-1821-17T3). Although consensus was not reached in

the subgroup, one of the requests of the environmental groups was to enhance the protection of surface

waters that were impaired or the subject of an approved TMDL from pollutants in municipal stormwater

discharges.

Additionally, the USEPA submitted the following comment in response to the issuance of the draft

2018 permit renewal:

“Please explain how municipalities will evaluate the impact of direct discharges on downstream

water quality and track their progress in reducing stormwater loadings for waters with a TMDL,

that are listed as impaired, that are on the state’s 303(d) list, or have in place other pollutant

reduction plans approved by NJDEP. EPA suggests considering requiring a modest level of

municipal outfall monitoring in the MS4 permit similar to Connecticut’s MS4 program as noted at

the following website:

http://www.ct.gov/deep/lib/deep/Permits_and_Licenses/Water_Discharge_General_Permits/MS4

_gp.pdf.

EPA also suggests cooperation with, where available, active citizen and non-government

organization water quality monitoring programs which can furnish valuable information if provided

guidance by NJDEP.”

The USEPA also provided the following recommendation in the National Pollutant Discharge

Elimination System Permit Quality Review report for New Jersey, performed by USEPA Region 2 and

dated September 7, 2017.

Stormwater-

Tier A MS4

NJDEP should strengthen the TMDL requirements in the permit to ensure that

stormwater WLAs will be complied with in order to be consistent with EPA

regulations at 40 CFR §122.44(d)(1)(vii)(B).

The USEPA Permit Quality Reviews (PQR) consist of evaluations of select sets of NPDES permits to

determine whether permits are being developed in a manner consistent with applicable requirements

established in the Clean Water Act (CWA) and NPDES regulations. Through this review mechanism,

the USEPA promotes national consistency, identifies successes in implementation of the NPDES

program, and identifies opportunities for improvement in the development of NPDES permits. The

USEPA conducted the review of the New Jersey State Pollutant Discharge Elimination System

(NJPDES) permitting program, which included desktop permit reviews and an on-site visit to the

Department’s offices in Trenton, NJ, on May 31 and June 1, 2016. While this review was conducted

prior to the issuance of the 2018 permit, the PQR report was not received by the Department until

September 7, 2017. This was well after the issuance of the 2017 draft permit renewal and would have

delayed the renewal of the final 2018 permit renewal which had been expired since 2014 and would

have constituted a significant change between draft and final permit issuance requiring preparation of

a new draft permit and a new public comment period, further delaying the issuance of the renewal.

Therefore, the Department opted to finalize the draft permit and evaluate various methods to address

TMDLs for consideration in the following permit renewal. The Watershed Improvement Plan, detailed

in Section H of this fact sheet, is the method by which the Department has chosen to address TMDL

requirements, as well as concerns regarding other impaired waters.

The Department has created a multitude of resources, including guidance documents, checklists, and

training modules to assist with compliance with the current permit and is working to update many of

these documents for this renewal as well. The Department maintains that these resources will assist

municipalities to implement compliant MS4 stormwater programs which will positively impact water

quality. Resources for Tier A Municipalities are available at www.nj.gov/dep/dwq/tier_a.htm

and links

are provided within this draft permit in Part IV. Additionally, the Department has posted a stormwater

index at

www.state.nj.us/dep/dwq/fd.htm which guides stormwater management professionals,

permittees and the general public to the Department's stormwater related technical information,

guidance materials, educational resources, forms, and applications.

As stated in the fact sheet of the 2018 MS4 permit renewal, “…the Department is engaged in an

assessment of and improvements to its municipal stormwater program which includes efforts to better

gauge the effectiveness of the MS4 program. These efforts include development of a new Supplemental

Questionnaire relative to the annual report form and a stormwater audit process intended to provide

focused compliance assistance to municipalities. These efforts will provide a platform for discussion

between municipalities and Department staff to foster an adaptive approach to municipal stormwater

management planning.”

In implementing the improvements discussed above, the Department conducted 58 Compliance

Assistance Audits of Tier A municipalities’ stormwater programs and developed other documents and

templates to assist municipalities in complying with their permit requirements. These other materials

include an SPPP template that follows the 2018 permit outline, and which will be updated to follow

this permit renewal as well. The Department also created a stormwater webpage template so towns

could consolidate all of their stormwater related materials, or links to those materials, on one page.

Stormwater outfall inspection forms for general inspections, illicit connection inspections and stream

scouring inspections have been developed and posted on the webpage as well. These and other

stormwater related materials are posted at www.nj.gov/dep/dwq/msrp_home.htm.

A. Regulatory Background

Pursuant to N.J.A.C. 7:14A-25.3, Tier A Municipalities include those New Jersey municipalities that

are:

• Located entirely or partially within an urbanized area and have a population of at least 1,000 within

the urbanized area (as defined by the latest Decennial Census);

• Have a population density of at least 1,000 per square mile and a population of at least 10,000 as

determined by that Census;

• Have a stormwater sewer system discharging directly into the salt waters of Monmouth, Ocean,

Atlantic, or Cape May counties;

• Request to be Tier A; or

• Operates a stormwater discharge(s) identified under N.J.A.C. 7:14A-25.2(a)4 (special

designations), provided that the Department determines that such identification warrants

assignment of the municipality to Tier A.

There is a separate MS4 NJPDES permit for Tier B Municipalities which was renewed concurrently

with the Tier A renewal in 2018 and is available at www.state.nj.us/dep/dwq/tier_b.htm.

he Tier B

permit is a subset of the Tier A permit where fewer requirements apply. Permittees and interested parties

should refer to the complete text of the Tier B permit for those requirements. In general terms, the

current Tier B MS4 NJPDES permit includes requirements pertaining to: Post Construction Stormwater

Management in New Development and Redevelopment (including proper operation and maintenance

of stormwater facilities), Local Public Education; and the labeling and design of storm drain inlets. The

Tier B permit is not being proposed for renewal at this time as all 101 current Tier B municipalities

have been notified by letter dated July 1, 2022, that they are being reassigned to Tier A, which is

planned to occur simultaneously with the renewal of this Tier A renewal permit. However the current

Tier B permit can be found at

www.state.nj.us/dep/dwq/tier_b.htm. The Tier B permit is not in any

respect a NPDES permit under section 402 of the Clean Water Act (see N.J.A.C. 7:14A-25.8(a)).

B. Issu

ance of Authorizations to Tier A Municipalities

Upon completion of the public comment and public notice process pursuant to N.J.A.C. 7:14A-16.4,

the Department will make a determination whether to finalize this permit. If finalized, the Department

will then issue this Master General Permit as well as the individual authorizations to each eligible Tier

A Municipality in accordance with N.J.A.C. 7:14A-6.13.

C. Tier Assignment

The current designation of Tier A or Tier B municipalities was based on the 2000 Decennial Census.

A listing of Tier A Municipalities is located at www.nj.gov/dep/dwq/msrp_home.htm co

nsistent with

N.J.A.C. 7:14A-25.3(a)3. Although the Census was updated in 2010, no reassignments were made in

accordance with the criteria under N.J.A.C. 7:14A-25.3 during the term of the 2009 or 2018 MS4

general permits.

s noted above, the Department has notified each of the 101 current Tier B municipalities that they are

5. Identification of Tier A Municipalities

being reassigned to Tier A, along with information regarding the justification and submission

requirements for a Request for Authorization (RFA) under this permit. Municipalities that received

this notice from the Department pursuant to N.J.A.C. 7:14A-25.2(e) and/or N.J.A.C. 7:14A- 25.3(a)3

were advised the deadline to submit the RFA under the Tier A permit is 180 days after the receipt of

that notice. This Tier A permit renewal contains compliance schedules for new permit requirements for

new Tier A permittees that will be required to enhance their stormwater programs. The specific

compliance schedule due dates are noted under each permit condition in Section 7 below. Although

reassignment from Tier B to Tier A is being done concurrently with this renewal, reassignment is

neither part of the Tier A renewal nor subject to public comment, consistent with N.J.A.C. 7:14A-25.3.

A. Overview

The Tier A Municipality (i.e., the permittee) is required to develop, update, implement and enforce an

MS4 stormwater program. A primary objective of the MS4 stormwater program is for permittees to

implement best management practices (“BMP’s”) and other control measures to implement the

Statewide Basic Requirements (N.J.A.C. 7:14A-25) and other permit requirements set forth in the

permit. The permit requirements serve to reduce the discharge of pollutants from the Tier A

Municipality’s MS4, municipal maintenance yards and other ancillary operations to the maximum

extent practicable pursuant to N.J.A.C. 7:14A-25.6(a)1 and 40 CFR 122.34(a), to protect and restore

water quality, and to satisfy the applicable water quality requirements of the Clean Water Act.

The Stormwater Pollution Prevention Plan (SPPP) documents the Tier A Municipality’s stormwater

program and describes the measures necessary for each municipality’s compliance with the Statewide

Basic Requirements as well as any Other Control Measures, Optional Measures and Additional

Measures. The Tier A Municipality shall submit an Annual Report and Certification summarizing the

status of compliance with this permit. See Part IV.K (Annual Report and Certification).

Part IV.E.2 of this permit and N.J.A.C. 7:8-4.3(a) require the municipality to develop a Municipal

Stormwater Management Plan (MSWMP.) The MSWMP describes the municipality’s strategy,

structure, and process for addressing stormwater runoff from new development and redevelopment to

ensure compliance with the Stormwater Management rules (N.J.A.C. 7:8.) This strategy, structure and

process constitute much of the post construction stormwater management program in this permit. The

MSWMP is also a component of the municipal master plan (N.J.S.A. 40:55D-94) and the municipality’s

SPPP must be consistent with its MSWMP.

B. Use of Best Management Practices to Reduce Pollutants to Maximum Extent Practicable

Consistent with the EPA Phase II stormwater rules for small MS4s, the NJPDES regulations at N.J.A.C.

7:14A-25 outline in broad terms what must be included in NJPDES MS4 permits. Beginning with the

issuance of the 2004 MS4 NJPDES permits, the Department has been prescriptive in its approach to

defining permit conditions. This is partly due to the fact that state and Federal regulations (N.J.A.C.

7:14A-25.6(a)1 and 40 CFR 122.34(a)) stipulate that compliance with the standard of reducing

pollutants to the maximum extent practicable is accomplished through the implementation of BMPs or

control measures. This draft permit is a Comprehensive General Permit (under 40 CFR 122.28) which

requires permittees to develop, update, implement and enforce a stormwater program (as documented

in an SPPP) to ensure compliance with Statewide Basic Requirements (SBRs), the actions developed

to implement the six Federal Minimum Measures, as well as any Optional Measures, Additional

Measures and other permit requirements. The Department provides an appropriate level of specificity

in establishing Tier A NJPDES MS4 permit conditions by specifying BMPs, measurable goals through

6. Overview of Tier A MS4 NJPDES Permit Requirements

the detailed permit requirements, and implementation schedules for these permit requirements and other

measures. This provides permittees, the public and regulators with clarity regarding what

municipalities must do to comply with the permit.

Without specific conditions, this permit would be difficult to enforce and would give permittees little

direction as to how to meet the requirements of State and Federal Rules. The Department has taken care

to issue specific MS4 permit conditions with clear stormwater program requirements since 2004 in

order to establish a standard of compliance rather than requiring New Jersey’s current 456 Tier A

municipalities, and new 101 Tier A municipalities to independently create compliance conditions for

public and Department individual review and approval.

The Department is not requiring numeric effluent limitations in this draft permit which is consistent

with the Federal Clean Water Act and EPA Phase II regulations at 40 CFR Part 122. The Federal Clean

Water Act defines the term “effluent limit” broadly to include BMPs that would restrict the quantities,

rates, and concentrations of constituents within a discharge. Thus, BMPs provide treatment pursuant to

the Department’s authority under the Clean Water Act with the goal of meeting water quality standards.

Specifically, Section 402(p)(3)(B)(iii) of the Clean Water Act requires that permits for discharges from

municipal storm sewers require:

“…controls to reduce the discharge of pollutants to the maximum extent practicable, including

management practices, control techniques and system, design and engineering methods, and such

other provisions as the Administrator or the State determines appropriate for the control of such

pollutants.”

Similarly, inclusion of best management practices as effluent limitations is also consistent with the

NJPDES Regulations at N.J.A.C. 7:14A-25.6(a)1 which states:

“Best management practice (BMP) requirements are generally the most appropriate form of

effluent limitations when designed to satisfy technology-based requirements (including reductions

of pollutants to the maximum extent practicable) and to protect water quality. Implementation of

BMPs (other than OMs [Optional Measures]) consistent with the provision of the stormwater

program required … and the provisions of the NJPDES permit … constitutes compliance with the

standard of reducing pollutants to the maximum extent practicable.”

In accordance with 40 CFR. 122.34(a), the Department must “include terms and conditions that meet

the requirements of this section based on its evaluation of the current permit requirements, record or

permittee compliance, and program implementation progress, current water quality conditions, and

other relevant information.” Continued efforts by the Department’s Municipal Stormwater Regulation

Program, including review of compliance evaluations, Annual Reports and Certifications, and

Supplemental Questionnaires; outreach efforts; and implementation of a municipal stormwater program

audit process, constitute evaluation of the permit requirements and the progress of municipal

stormwater programs. Based on the Department’s evaluations of current municipal stormwater

programs, the requirements contained in this permit renewal have been developed to account for the

information gathered since the issuance of the 2018 Tier A MS4 NPDES permit. The requirements

included in this permit constitute the Department’s determination of reasonable progress toward

reducing pollutant discharges to the maximum extent practicable.

Any municipality authorized under the 2004 Tier A permit was required to and continues to be required

to develop a stormwater program. The Tier A permittees’ stormwater programs must be documented

in their respective SPPPs. The SPPPs must be retained on site and made available for review by the

Department. Additionally, a new requirement of this renewal is the requirement for the permittee to

submit their SPPP to the Department. To certify compliance with the permit, Tier A Municipalities

complete an Annual Report and Certification which queries specific details regarding the Tier A

Municipality’s stormwater program.

C. Eligible and Ineligible Discharges (Part II.A)

This permit is intended to continue to authorize and control new and existing stormwater discharges to

surface water and groundwater from small MS4s owned or operated by municipalities assigned to Tier

A and from municipal maintenance yards and other ancillary operations owned or operated by Tier A

Municipalities. A NJPDES permit is required for these stormwater discharges under N.J.A.C. 7:14A-

25.2(a) and 24.2(a). Permit conditions regarding eligible stormwater discharges are included in Part

II.A.2.a. Part II.A.2.a includes a specific reference to municipal maintenance yards and other ancillary

operations which is further explained in Section 7.A.5.c, below. However, stormwater discharges from

wood waste recycling and composting activities will not be authorized under this Tier A MS4 permit

renewal; once this permit is final and effective, continued stormwater discharges from these activities

will need to be authorized under the Department’s new Wood Waste Recycling and Leaf Composting

Master General Stormwater Permit.

This permit renewal continues to authorize certain non-stormwater discharges (e.g., certain potable

water sources, uncontaminated groundwater, and irrigation water) from small MS4s owned or operated

by Tier A Municipalities. A complete list of the eligible non-stormwater discharges is included in Part

II.A.2.b of this permit. If any of these discharges are identified by the municipality as a significant

contributor of pollutants, the permittee must address the discharge as an illicit connection or as an

incident of improper disposal of waste (see Part II.A.3.e).

This permit does not authorize “stormwater discharges associated with industrial activity” or

“stormwater discharges associated with construction activity,” except as otherwise provided in the

permit in Part II.C. Specifically, in Part II.C.2(a)2, the permit lists activities that commonly occur at

municipal maintenance yards and ancillary operations that are regulated under this permit in Part

IV.F.5. Any permittee that operates an industrial facility or construction site beyond what is specifically

authorized in Part II.C, must obtain a separate NJPDES permit for that discharge. as required in Part

II.C.4. In addition, this permit does not authorize any stormwater discharge that is authorized under

another NJPDES permit so long as that other permit is in effect for that discharge. Also, to implement

statutory and regulatory provisions governing consistency of NJPDES permits with Water Quality

Management (WQM) Plans (e.g., N.J.S.A. 58:10A-6 and 58:11A-10), this permit does not authorize

stormwater discharges from projects or activities that conflict with an adopted WQM Plan.

Statewide Basic Requirements and Associated Conditions

The Tier A permit must address the six Federal Minimum Control Measures under CFR 122.34(b): (1)

Public Education and Outreach on Stormwater Impacts; (2) Public Involvement/Participation; (3) Illicit

Discharge Detection/Elimination; (4) Construction site runoff control; (5) Post-Construction management;

and (6) Pollution Prevention or Good Housekeeping for Municipal Operations and the following Statewide

Basic Requirements (SBRs): (1) Public Involvement/Participation; (2) Construction Site Stormwater

Runoff Control; (3) Post-construction Stormwater Management in New Development and Redevelopment;

(4) Public Education on Stormwater Impacts; (5) Prohibiting Improper Disposal of Waste; (6) Control of

Solid and Floatable Materials; (7) Maintenance Yards and Highway Service Areas; (8) Employee Training.

7. Basis and Background to Tier A MS4 NJPDES Permit Requirements

This permit implements the Federal Minimum Control Measures and includes Statewide Basic

Requirements and associated BMPs, consistent with the 2004, 2009 and 2018 Tier A permits. Many

requirements are retained from the 2004, 2009, and 2018 Tier A permits and, for any new requirements in

this permit renewal, the permit provides delayed compliance due dates pursuant to N.J.A.C. 7:14A- 25.6(a)

and (c), to give permittees time to prepare for implementation.

This renewal permit retains the permit requirements as they were restructured to be consistent with the six

Federal Minimum Measures in the 2018 Tier A permit, described in Section 2 of this fact sheet under

Federal Stormwater Regulations, above. A detailed basis and background for each permit requirement, as

well as an explanation of any changes from the 2018 Tier A permit, is included below. A discussion of the

2018 Tier B permit requirements is also included, where applicable.

A. Stormwater Management Program (Part IV.A)

1. Stormwater Program Requirements

This permit renewal, similar to the 2018 Tier A permit, continues to require each permittee to

develop, update, implement, and enforce an MS4 stormwater program in accordance with N.J.A.C.

7:14A-25.6(a), with the primary objective to implement best management practices and other

measures designed to reduce the discharge of pollutants from the permittee’s MS4, municipal

maintenance yards and other ancillary operations to the maximum extent practicable, to protect

water quality, and to satisfy the appropriate water quality requirements of the Federal Act and the

State Act. The permittee will continue to be required to modify their stormwater program to

conform with all applicable new legislation or rule amendments within 12 months from written

notification by the Department. This permit renewal also still requires permittees to document their

stormwater program in a written Stormwater Pollution Prevention Plan (SPPP) as per N.J.A.C.

25.6(a)3, describing the measures necessary for the permittee to comply with each permit

conditions.

The 2018 Tier B permit required each permittee to develop, update, implement, and enforce an

MS4 stormwater program to continue to provide substantial water quality benefits, including an

emphasis on proper operation and maintenance of stormwater facilities to control nutrients,

pathogens, solid and floatable materials, and other pollutants as well as to reduce stormwater runoff

quantity. As per N.J.A.C. 7:14A-25.8(e), the Tier B permittees’ stormwater program was required

to include the ‘Post-construction stormwater management in new development and redevelopment’

and the ‘Public education on stormwater impacts’ Statewide Basic Requirements, as listed in Part

IV.B, as well as any Additional Measures required by Part IV.C of that permit. However, there

were no Additional Measures included in the Tier B permit.

This permit renewal requires a principal executive officer or a ranking elected official to designate

a Stormwater Program Coordinator (SPC) who has the knowledge to manage the implementation

and compliance of the permittee’s MS4 stormwater program as per N.J.A.C. 7:14A-4.9 and

25.6(a)3. As the SPC, this individual is responsible for:

• Coordinating the permittee’s implementation of its MS4 stormwater program, permit

conditions, and SPPP;

• Signing and dating the SPPP; and

• The completion and submittal of the Municipal Stormwater Regulation Program (MSRP)

Annual Report.

Permittees should form a Stormwater Pollution Prevention Team that is made up of individuals

responsible for overseeing the implementation of the various permit requirements. Due to the wide

range of tasks required, a variety of municipal personnel should be involved in planning and

implementing the stormwater program. This should include public works officials, municipal

engineer(s), municipal clerks, planning and zoning boards, code enforcement officers, police

officers, and the environmental commissions. Team members are not limited to only municipal

personnel; they could also include local volunteers, members of local watershed associations,

environmental groups, and educational professionals.

If a Stormwater Coordinator assignment changes at any time, a new assignment of responsibility

shall be submitted to the Department within 30 days of such change taking place. This is

accomplished through completion of the online MSRP Annual Report, or the Stormwater Program

Coordinator Information Update Sheet found at https://www.nj.gov/dep/dwq/msrp_home.htm.

The MS4 stormwater program and the SPPP shall be consistent with the Municipal Stormwater

Management Plan (MSWMP), which is a component of the municipal master plan as per N.J.A.C.

7:8-4.3(a). The MSWMP describes the municipality’s strategy for addressing stormwater runoff

from new development and redevelopment to ensure compliance with the Stormwater Management

rules (N.J.A.C. 7:8) and is described in further detail below. It should be noted that both the SPPP

and MSWMP have been requirements since the first iteration of the Tier A permit issued in 2004.

2. Stormwater Pollution Prevention Plan (SPPP) Requirement

The permittee is required to document their municipality’s MS4 stormwater program in their

Stormwater Pollution Prevention Plan (SPPP) as per N.J.A.C. 7:14A-25.6(a)3. This requirement

was originally required in the 2004 Tier A MS4 permit. The SPPP is required to describe how the

permittee will implement each permit requirement and also provides a place for record keeping

documenting when and how permit requirements were met. The SPPP is a living document that is

never “completed.” The SPPP shall be reviewed at least annually and updated as often as necessary

to reflect changes related to the municipality’s Tier A MS4 Stormwater Program.

The SPPP shall include information regarding the location of any records required by this permit.

The Department may notify the permittee at any time that the SPPP does not meet one or more of

the permit requirements. Within thirty (30) days after receiving such notification, unless otherwise

specified by the Department, the permittee shall amend the SPPP to adequately address all

deficiencies, and written certification of such amendments shall be submitted to the Department.

The current SPPP shall be posted on the permittee’s dedicated stormwater webpage with updates

posted at least annually thereafter. The version posted on the dedicated stormwater webpage can

exclude inspection logs and other required record keeping. It is advisable for each member of the

Stormwater Pollution Prevention Team or affected municipal employees to have access to the SPPP

for reference and compiling record keeping data.

Existing Tier A permittees will need to update their SPPP to reflect the 2023 permit renewal

conditions by the Effective Date of Permit Authorization (“EDPA”) + 3 months. New Tier A

permittees will have until EDPA + 12 months to create an SPPP.

3. Implementation of SPPP Conditions through Shared or Contracted Services

As allowed in the previous Tier A MS4 permits starting in 2004, the permittee may rely on another

entity (e.g., governmental, stormwater utility, private, or nonprofit organization such as a watershed

association) to satisfy one or more of the permit conditions, or component(s) of any permit

condition, provided the other entity implements the contracted services in compliance with the

corresponding permit requirements and agrees to such in writing (See N.J.A.C. 7:14A-3 and 7:14A-

25.7(a)). However, the permittee remains responsible for compliance with the permit conditions if

the other entity fails to implement any of the measure(s) or component(s).

B. Minimum Standards for Public Involvement and Participation Including Public Notice (Part

IV.B)

1. Public Involvement and Participation Including Public Notice

The 2018 Tier A permit renamed this permit requirement “Public Involvement and Participation

Including Public Notice” consistent with N.J.A.C. 7:14A-25.6(b)1 and with the six Federal

Minimum Control Measures at 40 CFR 122.34(b)(2) (see

www.epa.gov/npdes/npdes-stormwater-

program and Section 2, Federal Stormwater Regulations above). In the 2018 Tier A permit

renewal, the Department also consolidated several previous permit requirements within this permit

requirement for clarity and to ensure that applicable public participation and involvement

requirements were met. This permit renewal retains these changes, as follows:

a. The permittee shall comply with applicable State and local public notice requirements when

providing for public participation in the development and implementation of the MS4

stormwater program. Requirements include, but are not limited to:

i. The Open Public Meetings Act (“Sunshine Law,” N.J.S.A. 10:4-6 et seq.);

ii. Statutory procedures for the enactment of ordinances (N.J.S.A. 40:49-2); and

iii. The Municipal Land Use Law concerning the adoption or amendment of the MSWMP

(N.J.S.A. 40:55D-13, 28 and 94), and the review of applications for development

(N.J.S.A. 40:55D-12).

b. The permittee shall maintain records necessary to demonstrate compliance with the public

participation requirements of a, above.

This permit requirement ensures notification and opportunity for public involvement in those

elements of the permittee’s stormwater program, and ensures transparent development, updating

and implementation of the permittee’s stormwater program.

Since these requirements have been applicable to all Tier A and Tier B municipalities, no additional

time is necessary for new Tier A permittees to come into compliance, and therefore compliance

with these requirements is due on EDPA for all existing and new Tier A permittees.

2. Municipal Stormwater Webpage

This permit renewal contains a new requirement for permittees to develop and maintain a dedicated

stormwater webpage on their municipal website (see example stormwater webpage at

www.nj.gov/dep/dwq/msrp_outreach_material.htm

). Previously, stormwater related materials

were required to be posted anywhere on the municipality’s website. This requirement will create

greater accessibility for the public by consolidating these materials on a dedicated stormwater page

on the municipality’s website, rather than simply anywhere on their site. The first eleven

documents listed below were required to be posted on the Tier A permittees’ websites as per the

2018 Tier A permit:

1) SPPP (excluding inspection logs and other recordkeeping documents);

2) Municipal Stormwater Management Plan (MSWMP);

3) Stormwater Control Ordinance (SCO);

4) Pet Waste Ordinance;

5) Wildlife Feeding Ordinance;

6) Litter Control Ordinance;

7) Improper Disposal of Waste Ordinance;

8) Containerized Yard Waste/Yard Waste Collection Program Ordinances;

9) Private Storm Drain Inlet Retrofitting Ordinance;

10) Illicit Connection Ordinance;

11) MS4 Outfall Pipe Map;

12) Tree Removal/Replacement Ordinance (due on or before EDPA + 12 months as per Part IV.F);

13) Privately-Owned Salt Storage Ordinance (due on or before EDPA + 12 months as per Part

IV.F);

14) MS4 Infrastructure Map (due on or before EDPA + 36 months as per Part IV.G); and

15) Watershed Improvement Plan (due beginning on or before EDPA+36 months, as per Part

IV.H).

The Department will provide an easy-to-fill HTML stormwater webpage template on or before the

issuance of the final permit for municipal webpage administrators to use. and designated contacts,

as noted on the Department’s example templates, to provide 1-on-1 assistance if needed. A

webpage template has already been provided for the 2018 permit, which several towns are currently

using (see https://www.nj.gov/dep/dwq/msrp_outreach_material.htm

Existing Tier A permittees will have 3 months to develop this dedicated stormwater webpage with

links to the above referenced documents, with the exception of the Tree Ordinance and Salt Storage

Ordinance, which are not required to be posted until EDPA + 12 months; or the MS4 Infrastructure

Map, which is not required to be posted until EDPA + 36 months.

New Tier A permittees will have EDPA + 12 months to develop this dedicated stormwater webpage

with links to the above referenced documents, with the exception of the MS4 Infrastructure Map,

which is not required to be posted until EDPA + 36 months. Please also see Section F.1 of this fact

sheet below for information concerning the compliance dates for development of the ordinances

listed above.

Existing and New Tier A permittees note that the dates for posting materials related to the

Watershed Improvement Plan are noted in Part IV.H of the permit, and Section 7.H of this Fact

Sheet, and begin on EDPA + 36 months.

C. Minimum Standards for Local Public Education and Outreach (Part IV.C)

The 2018 Tier A and Tier B permits changed the name of this section from “Local Public Education”

to “Minimum Standards for Local Public Education and Outreach.” This retained the 2009 name but

expanded it to be more reflective of one of the six Federal Minimum Control Measures namely “Public

Education and Outreach,” which is codified at CFR 122.34(b)(1) (see

www.epa.gov/npdes/stormwater-

discharges). The first component of the Local Public Education and Outreach requirement in this permit

renewal continues the public education program as well as a point system as detailed in the Attachment

entitled, “Points System for Public Education and Outreach Activities,” previously included as

Attachment B, is now included as Attachment A.

This renewal permit retains the requirement in accordance with N.J.A.C. 7:14A-25.6(b)4 to achieve a

total of 12 points from three of the five categories for both Tier A and Tier B permittees but removes

the possibility of earning points for having a dedicated stormwater webpage, which is now a permit

requirement under Part IV.B.2. This renewal permit enhances the social media options available for

points under the “General Public Outreach” category, allowing for one point for each social media

platform used, for a maximum of three points. There is now a limit on the number of newspaper ads

and radio/television ads that can be used; one point maximum for newspapers and two points maximum

for radio/television. One of the “Mailing or e-Mailing Campaign” activities in Category 2 has been

renamed to “Private Stormwater Facilities Education,” making it more connected to the description of

the activity and it no longer has the same name as another activity. The remaining “Mailing or e-

mailing Campaign” category has been given a maximum of two points allowed.

Please note that former Tier B permittees who become new Tier A permittees under this permit renewal

can no longer earn points for Stormwater Management Design Review Training and Municipal Board

and Governing Body Member Related Training, as those training activities are permit requirements of

this renewal at Part IV.F.7-9, and new Tier A permittees will no longer be able to receive points for

those activities.

Additionally, this renewal permit, consistent with the 2018 Tier A permit, allows the option of earning

points for Ordinance Education to residents and businesses in the municipality. The 2018 Tier B permit

did not have any permit conditions for required ordinance education, so this will be a new way of

earning points for new Tier A permittees.

The second component of this section in the 2018 Tier A, and Tier B permit, concerned the labeling,

maintenance, and replacement of municipally owned or operated storm drain inlets with a message such

as “No dumping, drains to river.” However, the labeling requirement has been moved to Part IV.F.2.iii

of this renewal permit under the “Community-wide Measures” section. All storm drains that do not

have permanent wording cast into them are required to be labeled. This label serves to educate the

public that storm drains shall not be treated as trash receptacles and to convey the message that the

storm drain inlet drains to a waterbody. This labeling applies to all storm drain inlets along sidewalks

that are adjacent to municipal streets, as well as to storm drain inlets within plazas, parking areas or

maintenance yards that are operated by the municipality.

Since these requirements were included in both the 2018 Tier A and B permits, no additional time is

necessary for new Tier A permittees to come into compliance. Therefore, compliance with these

requirements is due on EDPA for all new and existing Tier A permittees.

D. Minimum Standards for Construction Site Stormwater Runoff (Part IV.D)

Stormwater runoff from construction sites can cause significant harm to New Jersey’s rivers, lakes, and

coastal waters if not managed properly. To address these impacts, it is necessary to control soil erosion

and sedimentation during land disturbance, as well as minimize stormwater contamination from other

construction related activities. Managing construction site stormwater runoff is one of the six Federal

Minimum Control Measures, codified at CFR 122.34(b)(4). 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.

The Department satisfies this Minimum Control Measure under a separate Construction Activity

Stormwater General Permit (NJPDES Permit No. NJ0088323). The Construction Activity Stormwater

General Permit (5G3) controls stormwater discharges to surface water from certain construction

activities, including clearing, grading, and excavation. Generally, this includes construction activity

that disturbs at least one acre, or disturbs less than one acre but is part of a larger common plan of

development or sale that ultimately disturbs more than one acre.

The Construction Activity Stormwater General Permit is administered by the Department’s Bureau of

NJPDES Stormwater Permitting and Water Quality Management in coordination with the New Jersey

Department of Agriculture and the State Soil Conservation Committee through its 14 Soil Conservation

Districts located throughout the State (see www.nj.gov/agriculture/divisions/anr/nrc/njdep.html

). The

result of this effort is a program that emphasizes implementation at the district level and maximum

utilization of existing requirements and resources.

Construction activity that may result in stormwater discharges authorized by the Construction Activity

Stormwater General Permit shall be executed only in accordance with a specific Stormwater Pollution

Prevention Plan (SPPP) required by that general permit and is subject to routine inspections identifying

the effectiveness of the SPPP. This SPPP is specific to construction activity under the 5G3 permit and

not to be confused with the municipality’s MS4 SPPP. As a result, and as retained from the 2018 Tier

A permit, the Tier A permittee is not required to specifically address construction site stormwater runoff

control in its MS4 SPPP since it is already regulated in a separate permit.

As a result, and as retained from the 2018 Tier A permit, the Tier A permittee is not required to

specifically address construction site stormwater runoff control in its MS4 SPPP since it is already

regulated in a separate permit. A similar permit condition was included in Part II.C.3.b of the 2018 Tier

B permit under ‘Discharges Not Authorized Under the Tier B MS4 NJPDES Permit’ which stated that,

“Any municipality that operates a construction site with such a discharge shall submit a separate RFA

under NJPDES Permit No. NJ0088323 (General Stormwater Permit Construction Activity), or an

application for an individual permit for that discharge. The Construction Activity Stormwater General

Permit (NJ0088323) and associated guidance is posted at www.nj.gov/dep/dwq/5g3.htm

Since these requirements were included in both the 2018 Tier A and B permits, no additional time is

necessary for new Tier A permittees to come into compliance, and therefore compliance with these

requirements is due on EDPA for all existing and new Tier A permittees.

E. Minimum Standards for Post Construction Stormwater Management in New Development and

Redevelopment (Part IV.E)

1. General

This renewal permit requires the permittee to implement and enforce a post construction stormwater

management program to address Post Construction Stormwater Management in New Development

and Redevelopment and to ensure compliance with the Stormwater Management rules at N.J.A.C.

7:8 et seq. Post Construction Stormwater Management in New Development and Redevelopment

are components of the minimum control measures at 40 CFR. 122.34(b)(5). The regulatory process

to ensure that such development is both properly designed and thereafter maintained lies largely in

the Stormwater Management rules (N.J.A.C. 7:8) and is complimented by and, in part, implemented

through the NJPDES Stormwater Rules at N.J.A.C. 7:14A-25.6(b)3.

The municipality’s post construction stormwater management program shall require compliance

with the applicable design, performance, and maintenance standards established under the

Stormwater Management rules, N.J.A.C. 7:8 et seq. In general, the Stormwater Management rules

at N.J.A.C. 7:8 et. seq. include the following:

• Contain requirements for municipal stormwater management plans (MSWMPs) and

stormwater control ordinances (SCOs);

• Provide information for the adoption and implementation of MSWMPs and regional

stormwater management plans; and

• Establish design and performance standards for stormwater management measures and

establish safety standards for stormwater management basins.

The Stormwater Management rules at N.J.A.C. 7:8 et seq. establish the stormwater management

design and performance standards for new development and redevelopment and require applicants

to design their projects to minimize the adverse impact of stormwater runoff on water quality and

water quantity and loss of groundwater recharge in receiving water bodies. Pursuant to amendments

to those rules adopted in March of 2020, applicants must utilize green infrastructure to achieve

those goals. This permit requires municipalities to implement these rules, or a more stringent

standard, at the local level.

The design and performance components of the Stormwater Management rules are implemented

by the Department through the review of permits issued by the Watershed and Land Management

Program (Flood Hazard, Freshwater Wetlands, Coastal Area Facility Review Act (CAFRA), and

Waterfront Development) and by local authorities through the Municipal Land Use Law (N.J.S.A.

40:55D-1 et seq.), the Residential Site Improvement Standards (RSIS, N.J.A.C. 5:21-7) and local

ordinances. The RSIS are applicable to any residential application that goes before a local board.

Through the RSIS, the Stormwater Management rules become applicable whenever a project meets

or exceeds the definition of major development. (See also

www.nj.gov/dep/stormwater/sw_rule_faqs.htm

The post construction stormwater management program established by the permittee shall address

stormwater runoff from “major development” as defined in the Stormwater Management rules at

N.J.A.C. 7:8 et seq. unless any additional development is defined as “major development” by the

permittee’s SCO, which applies to non-residential developments and residential developments that

are not subject to the RSIS. The post construction stormwater management program established by

the permittee shall require compliance with the applicable design and performance standards

established under N.J.A.C. 7:8 et seq., and the permittee’s SCO if it contains more stringent

requirements, for major development.

The permittee shall review and analyze development plans for compliance with N.J.A.C. 7:8 et seq.

and the permittee’s SCO or Residential Site Improvement Standards (RSIS) as applicable, even if

a permit is required by the Department for the same or similar activity (e.g., a Flood Hazard Area

permit). Additionally, the post construction stormwater management program shall ensure that any

residential development and redevelopment projects that are subject to the RSIS for stormwater

management (N.J.A.C. 5:21-7) include any exception, waiver, or special area standard that was

approved under N.J.A.C. 5:21. The Stormwater Management rules (N.J.A.C. 7:8) and the RSIS for

stormwater management (N.J.A.C. 5:21-7), independently and as implemented in this permit, apply

to all areas of the Tier A Municipality.

This permit condition, common to both 2018 Tier A and Tier B permits, is retained largely

unchanged from the 2018 permits, with the exception that the Stormwater Management Design

Review (SWMDR) course was only an optional condition for Tier B permittees where they were

welcome to attend and could accrue certain Public Education points if they did attend. This is

further explained below in Section 7.8 of this fact sheet.

One enhancement to this permit renewal is a clarification that compliance with N.J.A.C. 7:8 et seq.

requires the permittee’s review engineer be independent from the design engineer and shall not

have been involved in the design of the development plans. This permit renewal retains the

requirement from the 2018 Tier A permit that the design review engineer shall have completed the

Department’s SWMDR Course within the last five years.

This permit renewal also removes Attachment D, the Major Development Stormwater Summary,

which required detailed information for each structural and nonstructural stormwater management

measure and replaces it with a requirement to include all major development projects approved

each year on the Major Development Project List. A revised version of this attachment, the Major

Development Project List, will now be required to be submitted to the Department annually with

the MSRP Annual Report as part of the Supplemental Questionnaire, which is required to be

uploaded via the RSP.

Since these requirements were included in both the 2018 Tier A and B permits, and the Major

Development Project List is required to be completed for the calendar year beginning on the EDPA

and submitted by the following May 1, no additional time is necessary for new Tier A permittees

to come into compliance, and therefore compliance with these requirements is due on EDPA for

all existing and new Tier A permittees.

2. Municipal Stormwater Management Plan

The renewal permit retains the requirement from the 2018 Tier A and B permit for the permittee to

adopt, amend, and implement a written Municipal Stormwater Management Plan (MSWMP),

pursuant to N.J.A.C. 7:8-4 et seq. to describe the framework of the permittee’s strategy, structure,

and process for addressing stormwater runoff from new development and redevelopment in its post

construction stormwater management program. The MSWMP is a component of the municipality’s

master plan and the elements of an MSWMP are listed in N.J.A.C. 7:8 et seq.

The permittee shall conduct a reexamination of its MSWMP as part of the reexamination of its

municipal master plan in accordance with N.J.A.C. 7:8-4.3(c),4.3(d), and N.J.S.A. 40:55D-89, at

least every 10 years, or more often as necessary to reflect changes related to the permittee’s

stormwater management program (e.g., if required due to amendments to the Stormwater

Management rules at N.J.A.C. 7:8 et seq.).

The permittee shall submit the adopted MSWMP to the county review agency for review and

approval pursuant to the requirements at N.J.A.C. 7:8-4.4 (this includes MSWMP reexaminations

without change). Within thirty (30) days of the effective date of the plan this permit requires the

permittee to electronically submit the county approved MSWMP and any amendments to the

Department and post the county approved MSWMP and any amendments on the permittee’s

dedicated stormwater webpage.

This requirement, common to both 2018 Tier A and Tier B permits, also remains largely unchanged

from the 2018 Tier A and Tier B permits, but with minor enhancements. These enhancements are

that the permittee must submit the MSWMP reexaminations to the county review agencies, as noted

above, for their review and approval, and that the permittee must include on the MSWMP the date

of the last reexamination/revision approved by the county review agency.

Since these requirements were included in both the 2018 Tier A and B permits, no additional time

is necessary for new Tier A permittees to come into compliance, and therefore compliance with

these requirements is due on EDPA for all existing and new Tier A permittees.

3. Stormwater Control Ordinances

In order to implement the post construction stormwater management program, the permittee shall

adopt, amend, implement, and enforce a stormwater control ordinance (SCO) in accordance with

N.J.A.C. 7:8 and N.J.A.C 14A-25.6(b)3.iv(3). The SCO shall include, at a minimum, the following

elements:

• Control aspects of residential development and redevelopment projects that are not pre-empted

by the RSIS;

• Control stormwater from non-residential development and redevelopment projects, in

accordance with the requirements at N.J.A.C. 7:8; and

• Set forth special area standards approved by the Site Improvement Advisory Board for

residential development or redevelopment projects under N.J.A.C. 5:21-3.5.

A model SCO consistent with the requirements of the Stormwater Management rules, as well as a

model SCO for towns that are subject to the regulatory requirements of the Pinelands Commission,

are posted at https://www.nj.gov/dep/dwq/example_ordinance.htm

. These model SCOs are

provided as a courtesy and are not required to be adopted verbatim by the permittee as long as the

applicable permit and regulatory requirements are met. For example, the permittee could adopt

more stringent stormwater management requirements in its SCO pursuant to N.J.A.C. 7:8-1.5(a).

Where the Pinelands Commission regulatory requirements at N.J.A.C. 7:50- 3 are applicable, the

municipal SCO (and any amendments) shall be certified by the Pinelands Commission. See

www.nj.gov/dep/stormwater/pinelands.htm or contact the Pinelands Commission for a model

Pinelands’ SCO.

The municipal SCO was originally required in the 2004 Tier A and Tier B permit, however, on

March 2, 2020, amendments to the Stormwater Management rules at N.J.A.C. 7:8 et seq. were

adopted necessitating required changes to each municipality’s SCO. In order to require that a

municipality keep its ordinances up-to-date (with this permit or with any legislative or regulatory

changes that occur outside of this permit), and consistent with N.J.A.C. 7:8-4.3(b), this permit

continues to require (Part IV.A.1.b) the permittee to modify and update its stormwater program

within one year of any notification by the Department that such a change is necessary. On March

2, 2020, a letter was sent to all municipal MS4 permittees providing written notification that their

stormwater programs, including their SCOs, must be revised within 12 months of the notice to

conform with the amended Stormwater Management rules. More specifically, their municipal SCO

was required to be revised to conform with these amendments by March 3, 2021.

Since these requirements were included in both the 2018 Tier A and B permits, no additional time

is necessary for new Tier A permittees to come into compliance, and therefore compliance with

these requirements is due on EDPA for all existing and new Tier A permittees.

4. Mitigation Plans

This permit renewal retains the permit condition from the 2018 Tier A and Tier B permits that states

that a municipality can grant a variance from the design and performance standards for stormwater

management measures, if the conditions at N.J.A.C. 7:8-4.6(a)1 and (a)2 are met, provided the

permittee has a mitigation plan included in an approved MSWMP, which meets the following

requirements:

• A mitigation plan identifies what measures are necessary, potential mitigation projects, and/or

criteria to evaluate mitigation projects that can then be used to offset the deficit created by a

municipality granting a variance from an approved MSWMP and SCO. The mitigation plan

must comply with the Stormwater Management rules at N.J.A.C. 7:8-4.6. N.J.A.C. 7:8-

4.2(c)11. Additional information regarding mitigation plans can be found in Chapter 3 of the

NJ Stormwater BMP Manual at https://www.njstormwater.org

;

• The mitigation project is in accordance with the requirements provided in N.J.A.C. 7:8-

4.6(a)3.i through (a)3.x; and

• The permittee submits, within (30) days after approving a variance, a written report to the to

the county review agency and to the Department via email (

dwq-bnpc-

stormwatermanag[email protected]) describing the variance and the required mitigation. See

N.J.A.C. 7:8-4.6(b).

Since these requirements were included in both the 2018 Tier A and B permits, no additional time

is necessary for new Tier A permittees to come into compliance, and therefore compliance with

these requirements is due on EDPA for all existing and new Tier A permittees.

F. Minimum Standards for Pollution Prevention / Good Housekeeping for Municipal Operators

(Part IV.F)

Since there are many requirements within this section of the renewal permit, the Department is

providing F – 1 as a tabular outline of the heading changes and re-ordering of topics from the 2018 Tier

A permit to this renewal permit under the Minimum Standards for Pollution Prevention/Good

Housekeeping for Municipal Operators section to assist with readability. The specific discussions

regarding the requirements, and the changes thereto, are included in the order they appear in the renewal

permit following the table.

2018 Permit Sections

Permit Renewal Sections

Community-wide Ordinances

• Pet waste ordinance

• Wildlife feeding ordinance

• Litter ordinance

• Improper disposal of waste ordinance

• Yard waste ordinance/collection

program

• Private storm drain inlet retrofitting

ordinance

Community-wide Ordinances

• Pet Waste Ordinance

• Wildlife Feeding Ordinance

• Litter Ordinance

• Improper Disposal of Waste Ordinance

• Yard Waste Ordinance/Collection Program

• Private Storm Drain Inlet Retrofitting Ordinance

• Privately-Owned Salt Storage Ordinance

• Tree Removal/Restoration Ordinance

• Optional Privately-Owned Refuse Container/Dumpster

Ordinance

Community-wide Measures

• Street Sweeping

• Catch Basin and Storm Drain Inlet

Inspection and Cleaning

• Tier A Storm Drain Inlet Retrofit

• Triannual Street Sweeping

• Annual Street Sweeping

• Storm Drain Inlet Labeling

• Storm Drain Inlet Retrofit

• Storm Drain Installation

• Herbicide Application Management

• Excess De-icing Material Management

• Roadside Vegetative Waste Management

• Roadside Erosion Control

Community-wide Measures

• Catch Basin and Storm Drain Inlet

Inspection and Cleaning

Other Control Measures

• Minimum Standards for Stormwater

Facilities Maintenance

Inspection and Maintenance of Stormwater Facilities Owned

or Operated by the Permittee

• Storm Drain Inlet Inspection

• Storm Drain Inlet Cleaning and Maintenance

• Catch Basin Inspection

• Catch Basin Cleaning

• MS4 Conveyance Inspection and Cleaning

• Stormwater Infrastructure Inspection

• Stormwater Infrastructure Maintenance

• Maintain a log sufficient to demonstrate compliance with

this section

•

Complete corrective maintenance and repairs within 90 days

Other Control Measures

• Minimum Standards for Stormwater

Facilities Maintenance

Inspection and Maintenance of Stormwater Facilities Not

Owned or Operated by the Permittee

• Facility Maintenance

• Annual Facility Inspections

• Document Activities

Municipal Maintenance Yards and Other

Ancillary Operations & Attachment E

• Inspections and good housekeeping

• Fueling operations

• Discharge of stormwater from

secondary containment

• Vehicle maintenance

• Equipment and vehicle washing and

wash wastewater containment

• Salt and de-icing material storage and

handling

• Aggregate material and construction

debris storage

• Street Sweepings, Catch Basin Clean

Out, and Other Material Storage

• Yard Trimmings and Wood Waste

Management Sites

• Roadside Vegetation Management

Municipal Maintenance Yards and Other Ancillary

Operations

• BMPs

• Site Inspections

• Inventory List

• Container Labels

• Spill Kits

• Bulk Liquid Material

• Fueling Operations

• Discharge of Stormwater from Secondary Containment

• Vehicle/Equipment Maintenance and/or Repair

• Wash Wastewater Containment

• Salt & Other Granular De-icing Material Storage/Handling

• Aggregate Material and Finished Compost Storage

• Cold Patch Asphalt Storage

• Street Sweepings / Storm Sewer Clean-out Material Storage

• Construction and Demolition Waste, Wood Waste, and

Yard

Trimmings Storage

• Scrap Tires

• Inoperable Vehicles or Equipment

• Containers and Dumpsters

Employee Training

Annual Employee Training

Stormwater Program Coordinator Training - NEW

Stormwater Management Design Review

Training

Stormwater Management Design Review (SWMDR) Training

Stormwater Management Rule Amendment Training

Municipal Board and Governing Body

Member Related Training

Municipal Board and Governing Body Member Related

Training

General Overview

The 2009 Tier A permit contained the following four sections:

• Improper Disposal of Waste (N.J.A.C. 7:14A-25.6(b)5);

• Solids and Floatable Controls (N.J.A.C. 7:14A-25.6(b)6);

• Maintenance Yard Operations (N.J.A.C. 7:14A-25.6(b)7); and

• Employee Training (N.J.A.C. 7:14A-25.6(b)8).

The 2018 Tier A permit merged those sections into a newly named section entitled “Pollution

Prevention/Good Housekeeping for Municipal Operators.” This name is derived from one of the

six Federal Minimum Control Measures (See CFR 122.34(b)(6)) and clarifies that Tier A

municipalities can utilize Federal guidance for this permit requirement. See the “National Menu of

Best Management Practices (BMPs) for Stormwater” at

https://www.epa.gov/npdes/stormwater-

discharges-municipal-sources.

The 2018 Tier A permit included the four previous sections from the 2009 Tier A permit, with the

addition of:

• Community-wide Ordinances; and

• Community-wide Measures.

The 2018 Tier A and Tier B permits had the same requirement for Storm Drain Inlet Labeling,

which was included under the Local Public Education and Outreach section of both permits. In

this permit renewal, Storm Drain Inlet Labeling has been moved to the Community-wide Measures

section.

This permit renewal retains the “Minimum Standards for Pollution Prevention / Good

Housekeeping for Municipal Operators” heading from the 2018 Tier A permit and includes four of

the six of the sections noted above from the 2018 Tier A permit, excluding Improper Disposal of

Waste and Solids and Floatable Controls. The requirements from these 2 sections have been

retained in this permit but have been moved under different sections of this permit renewal;

permittees are required to have an Improper Disposal of Waste Ordinance per Part IV.F.1.iv., and

solids and floatables are controlled through the various BMPs described in the Community-wide

Measures section detailed in Part.IV.F.2.

The following sections have been added under the “Minimum Standards for Pollution Prevention /

Good Housekeeping for Municipal Operators” heading in this permit renewal:

• Inspection and Maintenance of Permittee Owned or Operated Stormwater Facilities; and

• Inspection and Maintenance of Stormwater Facilities not Owned or Operated by the Permittee.

These requirements were previously included under Minimum Standards for Stormwater Facilities

Maintenance in the Other Control Measures section of the 2018 Tier A permit and in the Minimum

Standards for Post Construction Stormwater Management in New Development and

Redevelopment section of the 2018 Tier B permit. This permit renewal also adds another new

requirement, the Stormwater Management Rule Amendment Training, under this heading. The

following conditions have also been retained from the 2018 permit but clarified with revisions in

this permit renewal:

• Annual Employee Training;

• Stormwater Management Design Review (SWMDR) Training; and

• Municipal Board and Governing Body Member Related Training.

This permit renewal also includes two new Community-wide Ordinances which are the Tree

Removal/Restoration Ordinance and Privately Owned Salt Storage Ordinance. The permit renewal

also rearranged, added, and clarified the Community-wide Measures section. This section in the

2018 Tier A permit only had three requirements, Street Sweeping, Catch Basin and Inlet Inspection

and Cleaning, and Storm Drain Inlet Retrofitting. The 2018 Tier B permit indirectly required catch

basin and inlet inspection and cleaning as those activities are necessary to ensure the requirement

to provide adequate long-term cleaning, operation and maintenance of stormwater management

measures was met. The Community-wide Measures section in the draft permit renewal now

contains nine requirements: Triannual Street Sweeping, Annual Street Sweeping, Storm Drain Inlet

Labeling, Storm Drain Inlet Retrofitting, Storm Drain Installation, Herbicide Application

Management, Excess De-icing Material Management, Roadside Vegetative Waste Management,

and Roadside Erosion Control. The street sweeping requirements have been divided into two

sections, Triannual Street Sweeping and Annual Street Sweeping. Catch Basin and Storm Drain

Inlet Inspection and Cleaning has moved to Part IV.F.3.i-iv in this draft renewal, which has been

titled “Inspection and Maintenance of Permittee Owned or Operated Stormwater Facilities” and

has been divided into four categories to clarify requirements; Storm Drain Inlet Inspection, Storm

Drain Inlet Cleaning and Maintenance, Catch Basin Inspection, and Catch Basin Cleaning. The

Tier A Storm Drain Inlet Retrofit requirement has also been renamed to the new “Storm Drain Inlet

Retrofitting” requirement. The 2018 Tier B permit had the same requirement as the 2018 Tier A

permit for Storm Drain Inlet Labeling under the Local Public Education and Outreach section in

both permits. In this permit renewal, Storm Drain Inlet Labeling has been moved to the

Community-wide Measures section.

A detailed basis and background, including an explanation of any changes, for each permit

requirement is included below.

1. Community-wide Ordinances (Part IV.B.5.a)

This permit renewal proposes to retain the six Community-wide ordinances (pet waste, wildlife

feeding, litter control, improper disposal of waste, yard waste collection, and private storm drain

inlet retrofitting) from the 2018 Tier A permit, which state:

i. Pet Waste Ordinance: Adopt and enforce an ordinance that requires pet owners or their

keepers to immediately and properly dispose of their pet's solid waste deposited on any

property, public or private, not owned or possessed by that person. Information on the Pet

Waste Ordinance and the benefits of proper disposal of pet solid waste shall be distributed with

pet licenses. See the Tier A Municipal Guidance document

(

www.nj.gov/dep/dwq/tier_a_guidance.htm) for a sample ordinance;

ii. Wildlife Feeding Ordinance: Adopt and enforce an ordinance that prohibits the feeding of

any wildlife (e.g., Canada Geese) in any public park or on any other property owned or operated

by the Tier A Municipality. Exclusions include wildlife confined in zoos, parks, or

rehabilitation centers as well the following unconfined animals: (1) wildlife at environmental

education centers; (2) feral cats as part of an approved Trap-Neuter-Release program; and (3)

other kinds of unconfined animals, if any, that the ordinance specifically lists and excludes for

reasons set forth in the ordinance. See the Tier A Municipal Guidance document

(www.nj.gov/dep/dwq/tier_a_guidance.htm

) for a sample ordinance;

iii. Litter Control Ordinance: Adopt and enforce a litter ordinance or enforce the existing State

litter statute at N.J.S.A 13:1E-99.3. See the Tier A Municipal Guidance document

(

www.nj.gov/dep/dwq/tier_a_guidance.htm) for a sample ordinance;

iv. Improper Disposal of Waste Ordinance: Adopt and enforce an ordinance prohibiting the

improper spilling, dumping, or disposal of materials other than stormwater into the MS4 system

excluding those discharges as allowable under Part II.C.2.b. See the Tier A Municipal

Guidance document (

www.nj.gov/dep/dwq/tier_a_guidance.htm) for a sample ordinance;

v. Containerized Yard Waste/Yard Waste Collection Program Ordinances: (1) Adopt and

enforce an ordinance that prohibits placing non-containerized yard wastes (defined as leaves

and/or grass clippings) into the street; or (2) develop and implement a non-containerized yard

waste collection and disposal program that includes adoption and enforcement of an ordinance

that prohibits placing non-containerized yard waste at the curb or along the street within 10 feet

of any storm drain inlet and at any time other than a set yard waste collection schedule. The

frequency of yard waste pickups shall be determined at the discretion of the Tier A Municipality

but shall be part of a set yard waste collection schedule which is noticed to all municipal

residents and businesses. Any area, which the municipality determines to have no yard waste,

will be exempt from the collections. See the Tier A Municipal Guidance document

(

www.nj.gov/dep/dwq/tier_a_guidance.htm) for sample ordinances; and

vi. Private Storm Drain Inlet Retrofitting Ordinance: Adopt and enforce an ordinance

requiring the retrofitting of existing storm drain inlets on private property to meet the standard

in Attachment C (Design Standard for Storm Drain Inlets). Specifically, this ordinance: 1) shall

apply to storm drain inlets, on property not owned or operated by the Tier A Municipality (e.g.,

condominium associations), that are in direct contact (i.e. contiguous) to repaving; repairing

(excluding individual pothole repair); resurfacing (including top coating or chip sealing with

asphalt emulsion or a thin base of hot bitumen); and reconstruction or alteration of facilities;

and 2) shall not apply to a residential lot with one single family house. For a sample ordinance

see

www.nj.gov/dep/dwq/tier_a.htm.

The permittee, via these ordinances and consistent with N.J.A.C. 7:14A-25.6(b)5.iii, must effectively

prohibit improper disposal of waste into the permittee’s MS4 and implement appropriate enforcement

procedures and actions. Consistent with the 2004, 2009, and 2018 Tier A permits, the Department

continues to provide model ordinances posted at www.nj.gov/dep/dwq/tier_a.htm.

These models of

the eight Community-wide Ordinances, including the newly required ordinances discussed below, have

been developed as a courtesy, but municipal ordinances are not required to be adopted verbatim as long

as applicable permit and regulatory requirements are met.

The content of the permit requirements regarding ordinances, as well as the suggested model ordinances

for pet waste, litter, improper disposal of waste, wildlife feeding, yard waste collection, and private

storm drain inlet retrofitting, are consistent with the 2018 Tier A permit. Because this has been a

longstanding Tier A permit requirement, existing Tier A Municipalities should already be in

compliance and not have to readopt or amend those ordinances for the purposes of this permit renewal.

This does not relieve a municipality from the requirement to keep all ordinances up to date with any

legislative or regulatory changes that occur outside of this permit.

In addition to those ordinance requirements retained, the Department has included 2 additional

ordinances:

vii. Privately-Owned Salt Storage Ordinance: This renewal requires permittees to adopt and

enforce an ordinance requiring salt and other solid (granular) de-icing material to be covered

when not in use to prevent exposure to rain, snow, or stormwater run-on. The use of anti-icing

agents is critical to the public safety and economy of the state during winter precipitation

events. Their use is widespread, both publicly and privately, despite the environmental impacts

that de-icing agents can cause. When uncovered, pollutants from these piles are transported by

winds, waters, human activities, etc. into the nearest storm drain inlet. Road salt being

deposited into the receiving surface waters has become a nationwide problem, as the increase

in chloride levels can be toxic to aquatic life and can contaminate surface and ground water

drinking water supplies. While these discharges of salt laden runoff could have been enforced

by the permittee through the improper disposal of waste ordinance that is already required,

discharges from uncovered piles were witnessed in many locations within municipalities during

our MS4 stormwater compliance audits and enforcement inspections, which were reported to

the Department via complaints received from the general public. The requirement to develop

and implement this ordinance is therefore being added to this permit renewal so that the

permittees’ municipal authority in this regard is very clear.

This ordinance is intended to reduce the detrimental effects of salt laden stormwater runoff on

our surface and ground waters due to unnecessary runoff from improperly stored, private

stockpiles by further empowering permittees to hold privately owned salt stockpiles (e.g., at

commercial or industrial locations, such as shopping centers or industrial parks) to similar

management requirements as the municipality and industrial permittees. Similar to the

ordinance requirements in the prior Tier A Permit, the Department will provide a sample salt

storage ordinance at https://nj.gov/dep/dwq/tier_a.htm

viii. Tree Removal/Restoration Ordinance: This new permit requirement to adopt and enforce an

ordinance to control tree removal and the replacement of any trees that are removed is derived

from stakeholder involvement during 2019 regarding improvements to the Stormwater

Management program and rule language, and the ongoing need for enhanced stormwater

management strategies. Trees play a critical, often overlooked, role in the water cycle and can

mitigate stormwater runoff issues. This ordinance is intended to ensure that permittees are

considering these undervalued assets in their water quality management efforts. This permit

renewal requires permittees to adopt and enforce an ordinance to control tree removal and

replacement to reduce stormwater runoff and pollutants, and to promote infiltration of

rainwater into the soil. The minimum standards would be provided in a model ordinance to be

developed by the Department for each municipality for consideration of their own tree

ordinance.

The Department recognizes that permittees may be concerned that adopting and enforcing these two

additional stormwater ordinances will expand the burden of enforcement activities and incur more costs

and municipal resources. However, it should be noted that there is no requirement for permittees to

schedule inspections for compliance of these ordinances, and that the enforcement of these ordinances

may be incidental to other municipal activities, by any municipal employees, including those with

enforcement responsibilities. As such, the permittee should not incur any additional significant costs

due to enforcement of these activities. The permittee may opt to require fees for permits to remove any

trees that meet the ordinance specifications and/or instruct police officers to scrutinize any private salt

piles they come across during routine patrols. Permittees may choose to include penalty language in

their ordinance(s) for violators to cover any costs associated with any enforcement actions, but are not

required to.

The requirement to adopt the ordinances listed in i through vi above was included in the previous Tier

A permits, therefore. no additional time is necessary for existing Tier A permittees to come into

compliance, and compliance with those requirements is due on EDPA. However, existing Tier A

permittees will have 12 months from EDPA to adopt the two new ordinances for Privately Owned Salt

Storage and Tree Removal/Restoration.

New Tier A permittees will have 12 months from EDPA to adopt all Community-wide Ordinances.

ix. Optional Privately-Owned Refuse Container/Dumpster Ordinance: The 2009 permit

required the adoption and enforcement of an ordinance for dumpsters and other refuse

containers that are outdoors or exposed to stormwater to be covered at all times. However, this

requirement was not carried forward as a permit requirement in this draft permit based on a

December 21, 2011 decision by the Council on Local Mandates in response to a complaint filed

by Roxbury Township. As a result, the Department has moved the Refuse Container / Dumpster

Ordinance from the 2009 permit from a permit requirement to an Optional Measure.

Specifically, Tier A Municipalities have the option of adopting and enforcing an ordinance

requiring dumpsters and other refuse containers that are outdoors or exposed to stormwater to

be covered at all times. According to Annual Reports submitted by Tier A Municipalities for

the 2015 reporting year, 434 of New Jersey’s 457 year 2009 Tier A permittees adopted a Refuse

Container / Dumpster Ordinance. Municipalities that are not maintaining this ordinance must,

as required at Part IV.B.5.b.ii (Catch Basin and Storm Drain Inlet Inspection and Cleaning),

clean any municipally owned or operated storm drain inlet or catch basin more frequently to

eliminate recurring problems and restore proper function due, in this case, to uncovered refuse

containers that are outdoors or exposed to stormwater. The purpose of the ordinance is to

prohibit the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids

from these containers, thus reducing the need to frequently clean those municipal storm drains

or catch basins. This ordinance is not intended for: litter receptacles; individual homeowner

trash and recycling containers; containers that hold large bulky items (e.g., furniture, bound

carpet, and padding); permitted temporary demolition containers; and refuse containers at

industrial facilities authorized to discharge stormwater under a valid NJPDES permit. For a

model ordinance, see

www.nj.gov/dep/dwq/tier_a.htm.

2. Community-wide Measures (Part IV.F.2)

As described in Table F-1 , this permit renewal contains nine requirements under the heading of

“Community-wide Measures.” Most of these community-wide pollution prevention and good

housekeeping measures are required to control solid and floatable materials. Herbicide Application

Management and Excess De-icing Material Management are required to protect water quality from

direct discharges from inappropriate roadside herbicide application and saline discharges from

excess piles of road salt that would have otherwise remained on the road until they completely

dissolved into the stormwater runoff.

The 2018 Tier A permit contained three sections under this heading:

• Street Sweeping;

• Catch Basin and Storm Drain Inlet Inspection and Cleaning

o (this requirement has been moved under ‘Inspection and Maintenance of Permittee Owned

or Operated Stormwater Facilities’ at Part IV.F.3.i-iv of the permit and is described below)

• Tier A Municipality Storm Drain Inlet Retrofit.

This renewal permit contains nine sections under this heading:

• Triannual Street Sweeping;

• Annual Street Sweeping (the street sweeping requirements have been divided into these two

sections, Triannual Street Sweeping and Annual Street Sweeping)

• Storm Drain Inlet Labeling;

• Storm Drain Inlet Retrofitting;

• Storm Drain Installation;

• Herbicide Application Management;

• Excess De-icing Material Management;

• Roadside Vegetative Waste Management; and

• Roadside Erosion Control.

i. Street Sweeping:

Street Sweeping has been a permit requirement since the 2004 Tier A Permit. The sweeping

requirement proposed in this permit renewal would be broadened to apply to all permittee

owned roads, as opposed to only some permittee owned roads as per the 2018 Tier A permit.

However, the frequency requirement would be reduced to either one of two different

frequencies: triannually or annually dependent on whether the segments of the roads have storm

drains that discharge to surface waters, or not, respectively. The Department proposes that these

revised street sweeping requirements constitute an overall increase in the road miles that will

be swept on an annual basis and consequently, a reduction in solid and floatable materials

discharged to surface waters. This requirement is being enhanced to meet the

reduction/elimination of solid and floatable materials requirement in the Federal MS4 rule at

40 CFR 122.34(b)(6)(ii) and N.J.A.C. 7:14A-25.6(b)6. The Department made similar changes

to the Public Complex and Highway Agency MS4 permits for 2019 and 2020, respectively.

This change is being made because the number of municipal road miles required to be swept

monthly under the existing permit is limited, as those roads had to be in a predominantly

commercial area, have storm drain inlets, curbs, and a posted speed limit of 35 MPH or less.

The majority of the roads that meet the proposed sweeping conditions are county or New Jersey

Department of Transportation roads, and, thus, are not the responsibility of the municipality.

The Department acknowledges that many permittees already implement more frequent and

widespread street sweeping than required by the 2018 Tier A permit.

Since the sweeping frequency is proposed to be reduced concurrent with an increase in the area

to be swept, additional costs should be minimal in most towns. Permittees may further reduce

their financial burden under this requirement by sharing services with other entities. This may

include other MS4 permittees, such as municipalities and Highway Agencies. Any increase in

sweeping costs should be offset by the reduced costs associated with reduced catch basin

cleaning and vacuuming. These revised sweeping requirements will also reduce flooding due

to clogged storm drain inlets, and thus be more protective of public health and safety.

Specifically, the 2018 Tier A permit required permittees to:

“Sweep, at a minimum of once per month (weather and street surface conditions permitting),

all streets (including roads or highways) that meet all of the following criteria: (1) the street is

owned or operated by the municipality; (2) the street is curbed and has storm drains; (3) the

street has a posted speed limit of 35 miles per hour or less; (4) the street is not an entrance or

exit ramp; and (5) the street is in a predominantly commercial area.”

In this permit renewal, street sweeping for the permittee has been split into Triannual Street

Sweeping and Annual Street Sweeping. For Triannual Sweeping:

“The permittee shall sweep, at a minimum of once every four months, or more frequently as

necessary to eliminate recurring problems, all segments of roads that are owned or operated by

the permittee and have storm drain inlets that discharge to surface water. Existing Permittees

shall continue with monthly street sweeping until the new triannual sweeping program is

implemented on or before EDPA + 12 months. New Permittees shall begin this sweeping

program on or before EDPA + 12 months.”

For the Annual Street Sweeping requirement:

“The permittee shall sweep, at a minimum of once per year, or more frequently as necessary to

eliminate recurring problems, all segments of roads that are owned or operated by the permittee

that do not have storm drain inlets that discharge to surface water. Existing Permittees shall

continue with monthly street sweeping until the new annual sweeping program is implemented

on or before EDPA + 12 months. New Permittees shall begin this sweeping program on or

before EDPA + 12 months.”

ii. Storm Drain Inlet Labeling:

Storm drain inlet labeling in the 2018 Tier A and Tier B permits was located under the

“Minimum Standards for Local Public Education and Outreach” heading. This has moved to

the “Community-wide Measures” section in this permit renewal” and states:

“The permittee shall label all permittee owned or operated storm drain inlets that do not have

permanent wording cast into the structure of the inlet.”

“This applies to inlets that are located along sidewalks that are adjacent to municipal streets,

and within plazas, parking areas, maintenance yards or other ancillary activities that are

operated by the permittee.”

Since these requirements were included in both the 2018 Tier A and B permits, no additional

time is necessary for new Tier A permittees to come into compliance, and therefore compliance

with these requirements is due on EDPA for all existing and new Tier A permittees.

iii. Storm Drain Inlet Retrofitting:

The Tier A Municipality Storm Drain Inlet Retrofit condition from the 2018 Tier A permit has

been renamed to “Storm Drain Inlet Retrofitting” in this renewal permit. In the 2018 Tier A

and Tier B permit, retrofitting of municipally owned or operated storm drain inlets was only

required when:

“(1) in direct contact with any repaving, repairing (excluding any pothole repair), or

resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of

hot bitumen); or (2) in direct contact with any reconstruction or alteration of facilities.

Storm drain inlet retrofits shall meet the standard in Attachment C (Design Standards for

Storm Drain Inlets).”

In the draft permit renewal, the requirement has changed to state:

“The permittee shall comply with the standards set forth in Attachment B (Design

Standards for Storm Drain Inlets) of this permit to control passage of solid and floatable

materials through storm drain inlets installed by the permittee. The permittee shall retrofit

all permittee owned or operated storm drain inlets with the standards set forth in

Attachment B on or before EDPA + 59 months.”

As noted above, the due date for existing and new Tier A permittees to retrofit all remaining

permittee owned or operated storm drain inlets with the standards set forth in Attachment B is

EDPA + 59 months. Tier A and Tier B municipalities have been required to retrofit any storm

drain inlets that come in contact with repaving since the first iteration of the MS4 general

permits in 2004. Storm drain inlets must be replaced or retrofitted to restrict the passage of

solids/floatables, and in doing so, reduces the municipality’s costs of needing to employ the

use of a vacuum truck to clean the catch basin below the inlet.

The Department asserts that it is appropriate to set a deadline of EDPA + 59 months for all

storm drain inlets to be retrofit since permittees have been required to retrofit them for repaving

and utility projects for over 20 years. We anticipate that the number of inlets that municipalities

will need to retrofit (outside of those that are in non-compliance of the existing requirement

during repaving, etc.) has been reduced significantly since 2004. Retrofitting can be

accomplished with relatively insignificant costs by bolting a grate over the large curb opening,

which would be much less costly than replacing the entire inlet structure. Not all municipalities

have fully complied with this requirement during repaving or have left a buffer of pavement

around the old inlet as to avoid triggering the need to retrofit during a repaving project. Some

retrofits have not occurred due to a lack of repaving/maintenance, even though the lifespan of

most asphalt roads is 20 years or less.

Since the requirement to retrofit in accordance with Attachment B (formerly Attachment C))

when repaving, repairing, or resurfacing roads, or during reconstruction or alteration of

facilities, was included in both the 2018 Tier A and B permits, no additional time is necessary

for new Tier A permittees to come into compliance, and therefore compliance with that

requirement is due on EDPA for all existing and new Tier A permittees.

iv. Storm Drain Inlet Installation:

The renewal permit includes a new section not included in the 2018 permits called “Storm

Drain Inlet Installation.” This requirement applies to the installation of new storm drain

infrastructure and is not a requirement to begin retrofitting existing storm drains. This

requirement is being added in the renewal permit to reduce the amount of solid and floatable

material being discharged into the receiving waters and to meet the reduction/elimination of

solid and floatable materials requirement in the Federal rule at 40 CFR 122.34(b)(6)(ii). The

requirement in this permit states:

“The permittee shall not install storm drains that do not include a catch basin or other BMP

designed for solids collection.”

Additional costs should be minimal for most permittees as retrofitting of stormwater inlet

BMPs is not required. This requirement will only be triggered when permittees install new

storm drain inlets, and the cost of installing a new inlet with a catch basin should be minimal

relative to the cost of the overall improvement project and are minimal compared to the overall

water quality benefit they produce. Further, the catch basin would only be required when there

is no other BMP (such as a stormwater basin or MTD) located between the new inlet and the

outfall.

Existing Tier A permittees and new Tier A permittees shall implement this requirement upon

EDPA.

v. Herbicide Application Management:

Some permittees apply herbicides as part of their municipal services. Management of this

application was addressed in the 2018 Tier A permit under the heading “Roadside Vegetation

Management” found in Attachment E (Best Management Practices for Municipal Maintenance

Yards and Other Ancillary Operations). This provided BMPs for roadside vegetation

management. The name of this requirement is being revised for clarification in this renewal

permit to “Herbicide Application Management” and it is being moved under the “Community-

wide Measures” section, but the text of the requirement is retained from the 2018 Tier A permit,

and still states:

“The permittee shall restrict the application of herbicides to prevent herbicides from being

washed into the waters of the State and to prevent erosion caused by de-vegetation. At a

minimum, the permittee shall: (1) not apply herbicides on or adjacent to storm drain inlets,

or on steeply sloping ground; (2) only apply herbicides along curb lines and unobstructed

shoulders that contain unwanted vegetation; and (3) only apply herbicides within a 2-foot

radius around structures where overgrowth presents a safety hazard and where it is unsafe

to mow.”

The Department already incorporated this clarification in the 2019 Public Complex MS4 permit

renewal and in the 2020 Highway Agency MS4 permit renewal.

Application of herbicides is an optional practice so this requirement may not be applicable to

every municipality. Since these requirements do not require purchase of equipment and the

program is to essentially ‘not’ spray herbicide in certain areas, compliance with these

requirements is due on EDPA for all existing and new Tier A permittees.

vi. Excess De-Icing Material Management:

The Department has added a new requirement in this renewal permit for Excess De-Icing

Material Management. This requirement is in response to citizen complaints and the

Department’s observations in the field regarding piles of excess road salt that have remained

on or adjacent to the roadways, parking lots, etc. long after storms had passed. This condition

requires permittees cleanup excess de-icing material deposited during spreading operations

(e.g., piles resulting from accidental spillage or when spreading equipment is started or

stopped) on all streets and parking areas owned or operated by the permittee, after a storm

event. This requirement is intended to target unintentionally created salt piles that are formed

from stopping and starting the salt spreaders, or any other means. The permittee will be required

to remove any excess salt piles from these surfaces remaining after 72 hours of the end of the

storm, conditions permitting. This requirement has already been added and implemented in

the 2020 Highway Agency MS4 permit. The renewal permit requirement states:

“The permittee shall remove, within 72 hours after the end of the storm event, conditions

permitting, piles of excess salt and de-icing materials that have been deposited during

spreading operations (e.g., piles resulting from accidental spillage or when spreading

equipment is started or stopped) on all streets and parking areas owned or operated by the

permittee. Excess de-icing material removed from streets and parking areas may be

returned to storage or properly managed if unsuitable for reuse.”

Since these requirements do not require any additional equipment and should not require a

significant increase in staff time as there should not be a large number of these piles, and the

permittees have 72 hours to address these piles, no additional time should be necessary for new

or existing Tier A permittees to come into compliance, and therefore compliance with these

requirements is due on EDPA for all existing and new Tier A permittees.

vii. Roadside Vegetative Waste Management:

As noted above in Section 7.F.2 of this Fact Sheet, in the 2018 Tier A permit, Roadside

Vegetation Management was listed under Part IV.B.5.c. “Municipal Maintenance Yards and

Other Ancillary Operations” under the heading “Minimum Standards for Pollution Prevention

/ Good Housekeeping for Municipal Operators.” However, that requirement addressed the

application of herbicides along roadsides in order to prevent it from being washed by

stormwater into the waters of the State and to prevent erosion caused by de-vegetation. That

condition has been renamed ‘Herbicide Application Management’ and is discussed above.

This renewal permit has added a new requirement entitled, “Roadside Vegetative Waste

Management” and it states:

“The permittee shall ensure the proper pickup, handling, storage and disposal of wood

waste and yard trimmings generated by the permittee. Wood waste and yard trimmings

shall be managed to minimize the impact of vegetative maintenance activities on

stormwater discharge quality and shall be prohibited from being blown or deposited into

storm drain inlets and stormwater facilities.”

This requirement is intended to ensure appropriate management of materials generated from

activities such as mowing, tree trimming, and wood chipping along municipal roads or

municipal properties so that these materials are not transported into the MS4, thus increasing

maintenance requirements and resulting costs for the permittees. This requirement is also

intended to eliminate these materials from being transported to and have negative impacts on

the receiving waters. This update has already been incorporated into the 2020 Highway

Agency MS4 permit.

Since these requirements do not require any additional equipment and should not require any

significant increase in staff time to restrict the ability of these materials to be transported via

stormwater, no additional time should be necessary for new or existing Tier A permittees to

come into compliance, and therefore compliance with these requirements is due on EDPA for

all existing and new Tier A permittees.

viii. Roadside Erosion Control:

This renewal permit reincorporates the requirement for Roadside Erosion Control from the

original 2004 Tier A permit. In the 2004 Tier A permit there was a section called “Roadside

Erosion Control Maintenance” at Part I.F.7.d. that was implemented to require Tier A

municipalities to develop a roadside erosion control maintenance program. The 2004 permit

stated that the minimum standard for Tier A municipalities shall be to:

“Develop a roadside erosion control maintenance program to identify and repair erosion

along streets (including roads or highways) operated by the municipality. Tier A

Municipalities are also required to regularly inspect and maintain the stability of shoulders,

embankments, ditches, and soils along these streets to ensure that they are not eroding and

contributing to sedimentation of receiving waters. Repairs shall be made in accordance

with the Standards for Soil Erosion and Sediment Control in New Jersey (N.J.A.C. 2:90-

1).”

This section was removed in the 2009 Tier A permit because, at the time, it was viewed as a

redundancy, since municipalities are required to control erosion under the Standards for Soil

Erosion and Sediment Control in New Jersey (N.J.A.C. 2:90-1). This section was also kept out

of the 2018 permit for the same reason. However, those standards only applied to construction

sites, while this permit requirement will apply to existing roadways. In this permit renewal

permit, this requirement has been reintroduced in response to citizen complaints and

Department inspections and observations of roadside erosion. This condition is also being

restored in the permit to provide additional water quality protection, and as a stormwater

facility maintenance requirement, as roads are considered to be part of the municipalities’

stormwater conveyance systems. New Jersey has approximately 35,600 miles of roads, and

more highways per square mile than any other state. Erosion of or along these streets, highways,

and other roads contributes suspended solids, sediment and other materials to storm sewer

systems and waterways.

Permittees will be required to re-implement the road and roadside erosion control maintenance

program to identify and repair erosion along streets (including roads or highways) operated by

the permittee. Permittees would also be required to regularly inspect and maintain the stability

of shoulders, embankments, ditches, and soils along these streets to ensure that they are not

eroding and contributing to clogging or destabilization of stormwater infrastructure, or

sedimentation of receiving waters.

Sedimentation not only causes an increase of permittee costs for ditch, culvert and catch basin

cleaning to ensure proper operation and maintenance and prevent associated flooding, it is also

the single largest contributor of pollution to our nation’s waters. Sedimentation and the

deposition of material eroded by runoff from roads and roadsides can significantly impact water

quality, and when not maintained, this erosion can also convey a significant amount of

pollutants in the stormwater runoff. Sedimentation can also lead to a decrease in water carrying

and storage capacities of streams and reservoirs, as well as destroy fish and other aquatic

habitats. For example, sedimentation can fill the pores between gravel and cobble stream

bottoms, greatly decreasing the spawning areas for many fish species (including native trout)

and the habitat for macroinvertebrates, which serve as food for many fish species.

The reintroduced “Roadside Erosion Control” requirement has been added under “Community-

wide Measures” and states:

“The permittee shall develop a program to detect and repair erosion along the roads owned

or operated by the permittee and to inspect and maintain the stability of shoulders,

embankments, ditches, and soils along these roads to ensure that they are not eroding and

contributing to the sedimentation of receiving waters. Any repairs shall be completed as

soon as practicable, but no later than 90 days from discovery, unless another timeframe is

authorized by the Department, and be made in accordance with the Standards for Soil

Erosion and Sediment Control in New Jersey, N.J.A.C. 2:90-1.”

The Department recognizes that permittees may be concerned that implementing this condition

will expand the burden of inspection activities and incur more costs and municipal resources.

However, it should be noted that there is no requirement for permittees to schedule separate

inspections as these road and roadside inspections can occur incidental to conducting other

ordinary municipal activities, including the inspection of storm drain inlets, street sweeping, or

police patrols. As such, the permittee should not incur any additional significant costs due to

inspection. And any road repairs would need to be conducted for public safety reasons, as well

as to ensure the proper operations and maintenance of the stormwater conveyance system.

New and existing Tier A permits will have 12 months from EDPA to comply with this

requirement.

3. Inspection and Maintenance of Stormwater Facilities Owned or Operated by the Permittee

(Part IV.F.3)

The 2004 and 2009 Tier A permits required permittees to ensure adequate long-term operation and

maintenance of stormwater facilities owned or operated by the municipality.

Consistent with, but more specific than the 2004 and 2009 permit requirements, the 2018 Tier A

permit required permittees to develop a program to ensure adequate long-term cleaning, operation,

and maintenance of all municipally owned or operated stormwater facilities under Minimum

Standards for Stormwater Facilities Maintenance in Part IV.C.1.a. which stated:

“The Tier A Municipality shall develop, update and implement a program to ensure adequate long-

term cleaning, operation and maintenance of all municipally owned or operated stormwater

facilities.

• Stormwater facility inspection and maintenance must be performed pursuant to any

maintenance plans, or more frequently as needed, to ensure the proper function and operation

of the stormwater facility.

• The Tier A Municipality shall maintain a log sufficient to demonstrate compliance with this

section; including but not limited to the stormwater facility inspected, location information of

the facility inspected (location information must be specific enough to locate and identify the

stormwater facility in the field; e.g., geographic coordinates), name of inspector, date of

inspection, findings, and any preventative and corrective maintenance performed.

• The Tier A Municipality shall certify annually that municipally owned or operated stormwater

facilities are properly functioning.

• If stormwater facilities were found not to be functioning properly and repairs were not made,

then necessary preventive and corrective maintenance shall be documented and prioritized, and

a schedule for such repairs shall be maintained. The Tier A Municipality shall prioritize this

schedule based upon but not limited to: (1) environmental, health and safety concerns; (2) the

findings of catch basin and storm drain inlet inspections performed pursuant to Part IV.B.5.b.ii,

above; (3) the findings of stream scouring inspections performed pursuant to Part IV.B.6.b,

above; and (4) to incorporate the findings pursuant to Part IV.C.2”

The 2018 Tier A permit also included specific requirements in this section for “Catch Basin and

Storm Drain Inlet Inspection and Cleaning” which stated:

“The Tier A Municipality shall inspect storm drain inlets and any associated catch basins that

it owns or operates and remove sediment, trash, or debris when present. Each catch basin and

inlet shall be inspected at least once every five years. The Tier A Municipality shall clean any

municipally owned or operated storm drain inlet or catch basin as frequently as necessary to

eliminate recurring problems and restore proper function.”

Under this permit condition, permittees were required to perform maintenance according to existing

maintenance manuals for specific infrastructure, or more frequently as needed to ensure the proper

function and operation of the stormwater facility, perform repairs as necessary, maintain logs to

document compliance, and certify compliance annually.

The 2009 Tier B permit required permittees to “Ensure adequate long-term operation and

maintenance of BMPs on property owned or operated by the municipality.” The 2018 Tier B permit

expanded on this language under Minimum Standards for Post Construction Stormwater

Management in New Development and Redevelopment in Part IV.B.2 and Attachment E as

follows:

• “The Tier B Municipality shall ensure, as set forth in Attachment E (Stormwater Facilities

Maintenance), adequate long-term cleaning, operation and maintenance of stormwater

management measures:

o Owned or operated by the Tier B Municipality; and

o Not owned or operated by the Tier B Municipality and not subject to the conditions of

another NJPDES stormwater permit.”

• From Attachment E:

o “The Tier B Municipality shall develop, update and implement a program to ensure

adequate long-term cleaning, operation and maintenance of all municipally owned or

operated stormwater facilities as follows:

 Stormwater facility inspection and maintenance must be performed pursuant to any

maintenance plans, or as needed to ensure the proper function and operation of the

stormwater facility (see );

 The Tier B Municipality shall maintain a log sufficient to demonstrate compliance with

this section; including but not limited to the stormwater facility inspected, location

information of the facility inspected (location information must be specific enough to

locate and identify the stormwater facility in the field: e.g. geographic coordinates),

name of inspector, date of inspection, findings, and any preventative and corrective

maintenance performed. Example Maintenance Logs and Inspection Records forms

which are sufficient to demonstrate compliance with this section are available at ;

 Certify annually that municipally owned or operated stormwater facilities are properly

functioning; and

 If stormwater facilities were found not to be functioning properly and repairs were not

made, then necessary preventive and corrective maintenance shall be documented and

prioritized, and a schedule for such repairs shall be maintained.”

This renewal permit proposes to further clarify and expand the expected actions that are considered

adequate long-term cleaning, operation, and maintenance; the inclusion of inspection frequencies

of stormwater facilities to ensure better operation; clarification of the requirements for catch basins;

the addition of specific requirements for stormwater conveyance system inspection and cleaning;

inclusion of inspections for all other stormwater infrastructure; as well as retaining the requirement

maintain logs and records of cleanings and inspections of all facilities.

Revisions to this section also separate the requirements for inspecting inlets from inspecting catch

basins and clarify that inlets and catch basins are separate devices and only need to be cleaned

based on the results of the inspections if it is indicated that cleaning is necessary to remove

sediment, trash, or other debris to control it from entering the waters of the State, to eliminate

recurring problems, or maintain proper function. For guidance related to catch basin cleaning, refer

to the EPA Catch Basin Technology Overview and Assessment in the Highway Agency Guidance

document (https://www.nj.gov/dep/dwq/highway_guidance.htm

). The requirements in the renewal

permit state:

“The permittee shall develop, update, and implement a program to ensure adequate long-term

cleaning, operation, and maintenance of all municipally owned or operated stormwater facilities,

which includes but is not limited to:

i. Storm Drain Inlet Inspection: The permittee shall inspect, at a minimum of once per year,

all storm drain inlets that it owns or operates;

ii. Storm Drain Inlet Cleaning and Maintenance: The permittee shall develop, update, and

implement a storm drain inlet cleaning and maintenance program. The program shall

establish the conditions under which a storm drain inlet must be cleaned, and maintenance

performed. Cleaning and maintenance shall be conducted, at a minimum, as frequently as

necessary to ensure that sediment, trash, or other debris is removed as necessary to restrict it

from entering the waters of the State; to eliminate recurring problems; and maintain proper

function;

iii. Catch Basin Inspection: The permittee shall inspect all catch basins that it owns or operates.

At a minimum, permittees who own or operate less than 1,000 catch basins shall inspect them

once per year. Permittees who own or operate 1,000 or more catch basins shall inspect a

minimum of 20% of the total or 1,000 per year, whichever is greater, rotating the schedule

in such a way that all catch basins are inspected at least once every five years on

approximately the same frequency;

iv. Catch Basin Cleaning: The permittee shall develop, update, and implement a catch basin

cleaning and maintenance program. The program shall establish when a catch basin must be

cleaned and maintained and include procedures for cleaning and maintenance. Cleaning and

maintenance shall be implemented as frequently as necessary to ensure, at a minimum, that

sediment, trash, or other debris is removed as necessary to control it from entering the waters

of the State; to eliminate recurring problems; and maintain proper function. (See EPA’s

guidance as noted above at

https://www.nj.gov/dep/dwq/highway_guidance.htm);

v. MS4 Conveyance Inspection and Cleaning: The permittee shall develop, update, and

implement a MS4 conveyance inspection, cleaning, and maintenance program. The program

shall establish when the MS4 conveyance must be cleaned and maintained to ensure proper

function and operation;

vi. Stormwater Infrastructure Inspection: (excluding infrastructure in i. – v. above): The

permittee shall inspect all stormwater infrastructure that it owns or operates pursuant to

approved maintenance plans. If there are no approved maintenance plans for certain

stormwater infrastructure, the permittee shall inspect that infrastructure at least 4 times

annually, and after each rainstorm exceeding 1 inch of total rainfall, unless the NJ Stormwater

BMP Manual recommends a less frequent schedule;

vii. Stormwater Infrastructure Maintenance: (excluding infrastructure in i. – v. above): The

permittee shall perform maintenance pursuant to approved maintenance plans, or more

frequently as needed, to ensure the proper function and operation. See

www.njstormwater.org; for maintenance guidance;

viii. Inspection/Maintenance Records: The permittee shall maintain a log sufficient to

demonstrate compliance with this section, including but not limited to the type of stormwater

facility; location information of the facility with geographic coordinates; name of inspector;

date of inspection; observations of the structural integrity; history of complaints; evidence of

current or previous flooding; any preventative and corrective maintenance performed; and

any additional information or findings. Example Maintenance Logs and Inspection Records

forms are available at www.njstormwater.org

under the maintenance guidance link; and

ix. Corrective Maintenance: If stormwater facilities are found not to be functioning properly,

corrective maintenance and repairs shall be completed as soon as practicable, but no later

than 90 days from discovery, unless another timeframe is authorized by the Department. The

permittee shall prioritize these activities based upon environmental, health and safety

concerns.

The changes proposed in this permit renewal are intended to ensure permittees are developing,

updating, and implementing a program that sufficiently ensures adequate long-term cleaning,

operation, and maintenance of all municipally owned or operated stormwater facilities.

Additionally, “storm drain inlet” has been defined in this permit to mean the point of entry into the

storm sewer system. This is important since some inlets do not have catch basins but still require

inspection and cleaning. The permittee must also ensure that any given catch basin or storm drain

inlet is cleaned as frequently as necessary to ensure proper function and operation. These

requirements are being included to ensure proper operation of these stormwater facilities, including

reducing and eliminating localized stormwater flooding.

Since these requirements were included in both the 2018 Tier A and B permits, no additional time

is necessary for new Tier A permittees to come into compliance, and therefore compliance with

these requirements is due on EDPA for all existing and new Tier A permittees.

4. Inspection and Maintenance of Stormwater Facilities Not Owned or Operated by the

Permittee (Part IV.F.4)

The 2009 Tier A permit required that permittees ensure adequate long-term operation and

maintenance of stormwater facilities not owned or operated by the municipality. The 2018 Tier A

permit retained this requirement, labeled as “Minimum Standards for Stormwater Facilities

Maintenance” with the enhancement that the permittees develop, update, implement and enforce a

program to ensure adequate long-term cleaning, operation and maintenance of all stormwater

facilities not owned or operated by the permittee and not subject to the conditions of another

NJPDES stormwater permit under the Other Control Measures section at Part IV.C.1.b. as follows:

“The Tier A Municipality shall develop, update, implement and enforce a program to ensure

adequate long-term cleaning, operation and maintenance of stormwater facilities not owned or

operated by the Tier A Municipality, not subject to the conditions of another NJPDES

stormwater permit and constructed after February 7, 1984.

i. The Tier A Municipality shall ensure that stormwater facility maintenance is performed

pursuant to any maintenance plans, or more frequently as needed to ensure the proper

function and operation of the stormwater facility. See

www.nj.gov/dep/stormwater/maintenance_guidance.htm

; and

ii. The Tier A Municipality shall maintain a log sufficient to demonstrate compliance with

this section; including but not limited to the actions taken by the municipality to enforce

compliance with the long-term cleaning, operation and maintenance program; the

stormwater facility that was the subject of the action; location information of the facility

that was the subject of the action (location information must be specific enough to locate

and identify the stormwater facility in the field; e.g. geographic coordinates); the name of

person taking the action; the date of the action; and the findings. Example Maintenance

Logs and Inspection Records forms which are sufficient to demonstrate compliance with

this section are available at www.nj.gov/dep/stormwater/maintenance_guidance.htm

.”

The 2009 Tier B permit required that those permittees ensure adequate long-term operation and

maintenance of BMPs on property not owned or operated by the municipality and the 2018 Tier B

permit also continued this requirement in Part IV, Section B.2.j. which states:

“The Tier B Municipality shall ensure, as set forth in Attachment E (Stormwater Facilities

Maintenance), adequate long-term cleaning, operation and maintenance of stormwater

management measures:

i. (Owned or operated by the Tier B Municipality; and)

ii. Not owned or operated by the Tier B Municipality and not subject to the conditions of

another NJPDES stormwater permit.

And from Attachment E of the 2018 Tier B permit which states:

“The Tier B Municipality shall develop, update, implement and enforce a program to ensure

adequate long-term cleaning, operation and maintenance of stormwater facilities not owned or

operated by the Tier B Municipality; not subject to the conditions of another NJPDES

stormwater permit; and constructed after February 7, 1984; as follows:

i. Ensure that stormwater facility maintenance is performed pursuant to any maintenance

plans, or more frequently as needed, to ensure the proper function and operation of the

stormwater facility (see www.njstormwater.org/maintenance_guidance.htm

); and

ii. Maintain a log sufficient to demonstrate compliance with this section; including but not

limited to the actions taken by the municipality to enforce compliance with the long-term

cleaning, operation and maintenance program; the stormwater facility that was subject of

the action; location information of the facility that was subject of the action (location

information must be specific enough to locate and identify the stormwater facility in the

field; e.g. geographic coordinates); the name of the person taking the action; the date of the

action; and the findings. Example Maintenance Logs and Inspection Records forms which

are sufficient to demonstrate compliance with this section are available at

www.njstormwater.org/maintenance_guidance.htm

.”

This permit renewal has moved these requirements to the section labeled “Inspection and

Maintenance of Stormwater Facilities Not Owned or Operated by the Permittee” which is now

under the section Minimum Standards for Pollution Prevention / Good Housekeeping for Municipal

Operators. This permit renewal has retained similar language from the 2018 Tier A permit, but it

has been updated to include a minimum frequency of inspection and maintenance of stormwater

facilities not owned or operated by the permittee. The renewal permit language is as follows:

“The permittee shall develop, update, implement and enforce a program to ensure adequate

long-term cleaning, operation and maintenance of stormwater facilities not owned or operated

by the permittee, not subject to the conditions of another NJPDES stormwater permit and which

were constructed after February 7, 1984.

The permittee shall ensure that stormwater facilities not owned or operated by the permittee

are inspected and maintained pursuant to approved maintenance plans, or more frequently as

needed to ensure the proper function and operation of the stormwater facility, but at a frequency

of not less than once per year.”

This requirement is sometimes assumed to be applicable only to privately owned or operated

facilities approved under the permittee’s Post Construction Stormwater Management program

(typically after March 1, 2004) and only to stormwater facilities that are connected to the

permittee’s MS4. This renewal permit clarifies that the permittee’s obligation to enforce cleaning,

operation, and maintenance also encompasses the stormwater facilities approved by the permittee

after February 7, 1984, regardless of location within the municipality, which is consistent with state

and Federal regulations.

The maintenance program requirements of this permit renewal are consistent with, but more

specific than the 2018 Tier A and Tier B permit requirements, and state:

“The permittee shall ensure that proper maintenance includes cleaning and removal of solid

and floatable materials, including trash/litter, excess leaves or grass clippings, branches, logs,

any other debris, or excess growth. These materials have the potential to impede the proper

function and/or restrict flow causing flooding or excessive discharge velocity or may be

discharged to the receiving waters. The permittee may require the owners or operators of these

facilities to take measures to prevent the accumulation, discharge, or other hazards caused by

such debris in the stormwater facilities (e.g., catch basins along roads and parking areas, and

detention basins).

The permittee shall maintain a log sufficient to demonstrate compliance with this section, including,

but not limited to, the actions taken by the permittee to enforce compliance with the long-term

cleaning, operation, and maintenance program; the stormwater facility that was the subject of the

action; location information of the facility with geographic coordinates; the name and title of person

responsible for enforcement; the date of the action; and the findings.

The permittee shall maintain copies of all maintenance plans, as defined in Notes and Definitions,

Part IV.B.1.a.vi, of this permit, for stormwater facilities approved by the municipality. The

permittee shall provide copies of these maintenance plans to the Department upon request.”

In order to guide operations and maintenance of a designed system, a maintenance plan is required

to be developed for stormwater facilities. A maintenance plan is defined in this draft permit in the

Notes and Definitions section as follows:

“Maintenance plan” means a maintenance plan pursuant to N.J.A.C. 7:8-5.2(b) and 5.8

prepared by the design engineer for the stormwater management measures incorporated into

the design of a major development.

Note that a maintenance plan is not an operation and maintenance manual as described in the

NJPDES rules at N.J.A.C. 7:14A-6.12. While the Tier A Municipality is required to comply with

applicable operation and maintenance requirements of N.J.A.C. 7:14A-6.12(a), the Tier A

Municipality is exempt from the operations and maintenance manual requirements of N.J.A.C.

7:14A-6.12(c).

This renewal permit continues to require that Tier A permittees obtain geospatial location

information for privately owned stormwater facilities. This requirement is also included under the

Watershed Improvement Inventory in Part IV.H of the permit, as described in section H of this fact

sheet, where privately owned stormwater facilities need to be inventoried by the permittee and

included on the electronic map. Additional information regarding existing mapping of stormwater

management facilities can be found in that section, below, of this fact sheet.

Since the Department’s adoption of the 1983 Stormwater Management rules at N.J.A.C. 7:8, Tier

A and Tier B permittees were required to adopt Stormwater Control Ordinances to enforce the

maintenance duty upon private developments, with the option of including conditions to assess

penalties on private entities negligent of maintenance and perform maintenance work and back

charge maintenance costs to those negligent private owners. Therefore, this renewal permit

readdresses this enforcement privilege and obligation that has been exercised by many permittees

upon privately owned stormwater facilities prior to 2004. Moreover, the provisions of the

Stormwater Management rule from 1983 onward and related to ensuring proper operation and

maintenance of privately owned or operated stormwater facilities apply to stormwater facilities

approved by permittees regardless of their relationship to a MS4. Proposed Part IV.C.1.b

establishes the date frame “constructed after February 7, 1984” to accommodate the time needed

for municipalities to adopt stormwater ordinances following the February 7, 1983 adoption of first

adopted Stormwater Management rules.

The New Jersey Hydrologic Modeling Database (or H&H Database) is posted online and

encompasses several decades of data collection by NJ Soil Conservation Districts and the New

Jersey Department of Agriculture. This database contains a wealth of information regarding

stormwater management basins and data can be downloaded based on location. See

https://hydro.rutgers.edu/ to view the database map or

https://hydro.rutgers.edu/public_data/ to

download data in an Excel format. The information in this database may help permittees to identify

stormwater basins in the municipality that they were not aware of. This will help to identify basins

that may require maintenance and can help the permittee to develop a more robust inventory as a

result.

Since these requirements were included in both the 2018 Tier A and B permits, no additional time

is necessary for new Tier A permittees to come into compliance, and therefore compliance with

these requirements is due on EDPA for all existing and new Tier A permittees.

5. Municipal Maintenance Yards and Other Ancillary Operations (Part IV.F.5)

The requirements pertaining to municipal maintenance yards and other ancillary operations were

included in Part IV.B.5.c of the 2018 Tier A permit, with detailed best management practices in

Attachment E of that permit. These activities could be otherwise regulated under individual

industrial stormwater permits, but the Department has determined that this general permit is the

most efficient and appropriate means to regulate a large number of similar dischargers (see also

N.J.A.C. 7:14A-6.13).

Consistent with 40 CFR. 122.34(b)(6) and N.J.A.C. 7:14A-25.6(b)7, each iteration of New Jersey’s

Tier A MS4 NJPDES permit since 2004 has included requirements related to municipal

maintenance yard (MMY) operations. N.J.A.C. 7:14A-25.6(b)7 states:

“Maintenance yards and highway service areas: The permittee shall develop and implement an

operation and maintenance program that prevents or reduces pollutant runoff from maintenance

yards and highway service areas owned or operated by the permittee.”

In Part IV.F.5 of this permit renewal, these requirements, representing common activities at MMYs,

are presented under the heading “Municipal Maintenance Yards and Other Ancillary Operations.”

This section of the permit has been expanded to incorporate all applicable BMPs and control

measures which were previously included in Attachment E of the 2018 Tier A permit, and since

these conditions have been moved from Attachment E into the body of the permit, Attachment E is

no longer necessary and has been removed from this renewal permit.

Based on information from MS4 stormwater compliance audits discussed above, it was determined

that the 2018 Tier A permit did not accurately regulate all the activities that may be exposing

pollutant sources to stormwater at MMY locations. This permit renewal proposes to remedy this

gap by expanding this section and including additional BMPs or control measures that must be

implemented to minimize or eliminate pollutant source exposure to stormwater for each activity.

The Department has determined that expanding coverage under this permit renewal for additional

activities commonly occurring at MMYs is appropriate since such activities can be significant

contributors of pollutants to surface water if not managed properly (see N.J.A.C. 7:14A-24.2(a)7).

Therefore, this permit renewal incorporates enhanced requirements for documenting each MMY

and ancillary operation in the Stormwater Pollution Prevention Plan (SPPP); providing secondary

containment for bulk liquid material storage tanks; ensuring proper storage of aggregate material

and finished compost (with no processing activities); setting a time limit on and ensuring proper

storage of construction and demolition waste, wood waste, and yard trimmings (with no processing

activities); storing cold patch asphalt in a permanent structure or covered on an impervious surface;

storing scrap tires in a covered container or under cover; setting a time limit on and ensuring proper

storage of inoperable vehicles or equipment; and ensuring refuse containers and dumpsters are kept

covered.

The permit renewal enhancements differentiate between aggregate material (e.g., sand, gravel,

stone, and topsoil) and solid waste by setting a specific time limit on the storage of solid waste. The

storage of aggregate material, wood chips, and finished compost does not have a time limit;

however, the storage of construction and demolition waste, wood waste, and yard trimmings is only

authorized for a limited time. The discharge of stormwater from the processing of any of these

materials is not authorized under this renewal permit and sites conducting processing activities will

need to apply for an applicable industrial stormwater permit. Further, Tier A permittees are not

exempt from the requirement to apply for an industrial stormwater permit for any activity addressed

in this section if required to do so, for due cause, by the Department (See N.J.A.C. 7:14A-6.13).

Wood waste recycling and leaf composting are regulated industrial activities that requires a

NJPDES stormwater permit. Wood waste recycling and leaf composting operations at MMYs were

only authorized under the 2018 Tier A permit provided there were no discharges to surface water

from those activities. However, this was not the case for any municipal wood waste recycling or

leaf composting operations inspected during the MS4 stormwater compliance audits. Based on the

lack of ability of the MMYs to prevent discharges to surface water from these industrial activities,

the Department determined that these activities were not being regulated adequately under the Tier

A permit and that it was necessary to draft a new stormwater general permit with appropriate BMPs

to regulate those discharges to surface water. Thus, the discharge of stormwater from Tier A MMYs

and ancillary operations that process wood waste, yard trimmings, and leaf compost will no longer

be authorized under the Tier A permit upon the effective date of this permit renewal. Those MMY’s

must obtain reauthorization for those activities via the new Wood Waste Recycling and Leaf

Composting (WRC) Stormwater General Permit Authorizations regulating recycling/composting

activities, which will be made available to each municipality that performs these activities. This

new WRC permit was issued draft on July 21, 2022 and will be issued final no later than the

issuance of the final Tier A permit renewal.

In addition, Roadside Vegetation Management has been renamed Herbicide Application

Management and moved from this section in the 2018 Tier A permit to Part IV.F.2.a. of this renewal

permit under Community-wide Measures and is discussed in more detail in that section above.

Inclusion of this more comprehensive set of activities for MMYs is an important component of this

permit renewal regarding the protection of water quality and is consistent with 40 CFR

122.34(b)(6)(ii) which states:

“…EPA recommends that the permit address the following: . . . controls for reducing or

eliminating the discharge of pollutants from . . . maintenance and storage yards, fleet or

maintenance shops with outdoor storage areas, salt/sand storage locations and snow disposal

areas . . . procedures for properly disposing of waste removed from the separate storm sewers

and areas listed above (such as dredge spoil, accumulated sediments, floatables, and other

debris) . . .”

The Department is proposing to expand the requirements for permittees to cover additional source

materials at their municipal maintenance yards. These changes are based on the MS4 stormwater

compliance audits of Tier A permittees which confirmed that many permittees are storing materials

such as cold patch asphalt and scrap tires uncovered in these yards. Permittees already are required

to employ federally required “good housekeeping” measures for small MS4 compliance at their

maintenance yards to eliminate run-on/runoff from materials they store. Permittees should not incur

any additional significant costs as they are already managing these materials and this permit

condition is clarifying those handling procedures. Additionally, these source material piles are

relatively small and the cost of covers or tarps would be insignificant in comparison to the cost of

compliance with a NJPDES industrial stormwater discharge permit, which would otherwise be

required for piles that remain exposed. These piles would be considered sources of stormwater

discharges associated with industrial activity requiring an industrial stormwater permit.

The BMPs in this renewal permit are intended to improve stormwater quality through the

implementation of techniques to minimize the exposure of pollutants to stormwater as follows:

• Documenting Best Management Practices (BMPs) at all MMYs

Properly implemented good housekeeping measures and BMPs can eliminate or minimize

contact between stormwater and source materials. It was observed during MS4 stormwater

compliance audits of Tier A permittees that some permittees had more than one MMY or were

performing ancillary operations at various locations. Often, Department staff were unaware of

these locations unless municipal staff mentioned them. To remedy this gap, an enhancement

added to Part IV.F.5.a of this section requires each individual MMY and ancillary operation to

be identified with its own form in the SPPP, including a description of the site-specific activities

and associated BMPs.

Existing Tier A permittees shall implement this requirement upon EDPA. New Tier A

permittees shall include these updated MMY forms in the SPPP by EDPA + 12 months.

• Site Inspections

There is no change from the 2018 Tier A permit regarding monthly site inspection

requirements. The requirement shall continue for Tier A permittees to track site inspections on

a maintenance log. The maintenance log must contain (at a minimum) a record of inspections

of all operations detailed in Part IV.F.5, including dates and times of the inspections, the name

of the person conducting the inspection and relevant findings. This maintenance log must be

kept on-site with the SPPP and made available to the Department upon request.

Existing Tier A permittees shall implement this requirement upon EDPA since there is no

change from the 2018 Tier A permit requirements. New Tier A permittees shall implement this

requirement upon EDPA + 12 months.

• Inventory List

There is no change from the 2018 Tier A permit regarding the inventory list requirements. The

requirement shall continue for Tier A permittees to implement good housekeeping procedures

including maintaining an inventory of materials and machinery which could be a source of

pollutants in stormwater discharges.

Existing Tier A permittees shall implement this requirement upon EDPA since there is no

change from the 2018 permit requirements. New Tier A permittees shall implement this

requirement upon EDPA + 12 months.

• Container Labels

There is no change from the 2018 Tier A permit regarding container label requirements. The

requirement shall continue for Tier A permittees to properly label all containers with labels that

are legible, clean, and visible. Permittees shall keep containers in good condition, protected

from damage and spillage, and tightly closed when not in use.

Existing Tier A permittees shall implement this requirement upon EDPA since there is no

change from the 2018 permit requirements. New Tier A permittees shall implement this

requirement upon EDPA + 12 months.

• Spill Kits

There is no substantial change from the 2018 Tier A permit regarding the handling of spills.

The requirement shall continue for Tier A permittees to conduct cleanups of spills of liquids or

dry materials immediately after discovery. The permit renewal now includes the following

sentence: “Spills that are suspected to be a threat to human health or the environmental shall

be immediately reported to the NJDEP Hotline at 1-877-WARNDEP (1-877-927-6337).” The

permit retains the following requirements from the 2018 Tier A permit: “All spills shall be

cleaned using dry cleaning methods only. Clean up spills with a dry, absorbent material (i.e.,

kitty litter, sawdust, etc.) and sweep the rest of the area. Dispose of collected waste properly.

Store clean-up materials, spill kits and drip pans near all liquid transfer areas, protected from

rainfall.”

Existing Tier A permittees shall implement this requirement upon EDPA. New Tier A

permittees shall implement this requirement upon EDPA + 12 months.

• Bulk Liquid Material

This is a new requirement for all Tier A permittees. Secondary containment of the containers

utilized in the normal course of storage, transfer, or use, is necessary for preventing leaks of

bulk liquid materials from becoming discharges. Secondary containment is also required to trap

leaks and leakage where they can be cleaned up and removed prior to their escape onto the

land, groundwaters or surface waters of the State. Tier A permittees shall have secondary

containment (e.g., spill containment dikes, double walled tanks with no exposed valves and

hoses, etc.) for all aboveground storage tanks containing bulk liquid materials (including but

not limited to gasoline, diesel fuel, heating oil, hydraulic oil, used oil and liquid de-icing

materials). The containment area must be impervious and be able to contain the volumetric

capacity of at least 110% of the largest tank’s capacity within the containment area. The

containment area must be constructed so that no volume of bulk liquid material can escape

through drains, storm sewer systems, or to the surface waters or ground waters of the state. All

accessory pipes, hoses, valves, and pumps must also be located within the containment area or

otherwise stored in a manner with no exposure to stormwater. It is recommended that the

secondary containment area be protected from the weather with a metal roof to prevent

stormwater from accumulating in the containment structure so that there is no need to determine

of that accumulated stormwater can be discharged, as discussed below.

Existing and new Tier A permittees shall implement this requirement by EDPA + 12 months.

• Fueling Operations

There is no change from the 2018 Tier A permit regarding fueling operations. Stormwater

contamination can occur from residual spillage that may occur from topping off fuel tanks, not

being attentive during loading and unloading procedures, or improper cleanup after a spill

occurs. This requirement shall continue for Tier A permittees to establish, maintain, and

implement standard BMPs for vehicle fueling; receipt of bulk fuel deliveries; and inspection

and maintenance of storage tanks, including the associated piping and fuel pumps.

Existing Tier A permittees shall implement this requirement upon EDPA. New Tier A

permittees shall implement this requirement by EDPA + 12 months.

• Discharge of Stormwater from Secondary Containment

There is no change from the 2018 Tier A permit regarding discharge of stormwater from secondary

containment. This requirement shall continue for Tier A permittees to implement BMPs for

discharges of stormwater from secondary containment systems (e.g., waste oil storage). Permittees

may only discharge stormwater accumulated in a secondary containment area if it can be

ascertained that the stormwater has not come into contact with stored product.

Since these requirements do not require any additional equipment and should not require any

increase in staff time to restrict the discharge from a secondary containment system, no

additional time should be necessary for new or existing Tier A permittees to come into

compliance, and therefore compliance with these requirements is due on EDPA for all existing

and new Tier A permittees.

• Vehicle/Equipment Maintenance and/or Repair

There is no change from the 2018 Tier A permit regarding vehicle and equipment maintenance

and/or repair. This requirement continues for Tier A permittees to implement BMPs for vehicle

and equipment maintenance and/or repair. When stormwater is exposed to pollutants associated

with these activities it can become polluted with toxic or other deleterious materials (e.g.,

petroleum hydrocarbons).

Since compliance with this requirement would only entail the use of minimal and inexpensive

equipment, such as portable tents or covers, and drip pans, and since the discharge of vehicle

fluids would be considered an illegal unpermitted discharge, existing and new Tier A

permittees shall implement this requirement upon EDPA.

• Wash Wastewater Containment

There is no change from the 2018 Tier A permit regarding wash wastewater containment. This

requirement continues to require permittees to manage any equipment and vehicle washing

activities so that there are no unpermitted discharges of wash wastewater to storm sewer inlets

or to waters of the State. A permittee that cannot discharge wash wastewater to a sanitary sewer

may temporarily store wash wastewater in a containment structure prior to proper disposal

while following the conditions in the permit for:

o Structural Inspections;

o Visual Inspections;

o Overfill Prevention;

o Leak Remediation;

o Pump-outs (including Clean-outs);

o Annual Engineer’s Certification; and

o Recordkeeping

The wash wastewater containment structure language provides Tier A permittees that are

otherwise unable to manage equipment and vehicle washing activities without unpermitted

discharges of wash wastewater to storm sewer inlets or to waters of the State with the option

to temporarily contain wash wastewater prior to proper disposal. Such containment structures

are typically installed at public works facilities which are not connected to a sanitary sewer

system.

Permittees are required to maintain all logs, inspection records and certifications on-site and

available to the Department upon request.

The Department maintains that these conditions provide prescriptive, pragmatic conditions that

prevent the inappropriate discharge of equipment and vehicle wash wastewater. Since vehicle

washing can be done at commercial wash locations or can be contained on impervious surfaces

with booms and vacuumed up without discharge to surface or ground waters of the state, and

since the discharge of vehicle wash wastewater would be considered an illegal unpermitted

discharge, existing and new Tier A permittees shall implement this requirement upon EDPA.

• Salt and Other Granular De-icing Material Storage and Handling

There is no change from the 2018 Tier A permit requiring permittees to install a permanent

structure for salt and other granular de-icing material storage and handling to prevent

stormwater from coming into contact with salt and de-icing material, with the exception of the

text “other granular” being added to this condition.

When salt and other de-icing materials are stored outside and uncovered, they can easily

dissolve and be transported by stormwater to the surface waters and ground waters of the state.

Temporary outdoor storage is only allowable when a permanent structure is under construction,

repair, or replacement, and provided certain conditions are met. “Permanent structure” is

explicitly defined in Part IV, Notes and Definitions section of the permit. Requiring indoor

storage of salt and de-icing materials is an effective pollution prevention technique which helps

to eliminate pollutant loadings to surface and ground water. The Department’s goal is to ensure

that these materials are properly handled, stored, or covered, so that they are not transported by

stormwater and discharged to surface and ground waters of the state.

Existing Tier A permittees shall implement this requirement upon EDPA. New Tier A

permittees shall implement this requirement by EDPA + 36 months.

• Aggregate Material, Wood Chips and Finished Compost Storage

Storage for aggregate materials and construction debris was addressed in the 2018 Tier A

permit’s Attachment E. This condition has been modified and incorporated into the body of the

permit renewal. This renewal permit authorizes permittees to store aggregate material (e.g.,

sand, gravel, stone, and topsoil) provided these materials are stored and managed with

appropriate stormwater pollution prevention BMPs. Since construction debris is classified as

solid waste and there are requirements under the Solid Waste program restricting the temporary

storage of these materials, they are no longer addressed in this section and have been moved to

the section below that includes other solid waste materials, such as wood waste and yard

trimmings. Also, wood chips and finished compost have been added to this section as they are

not considered to be solid waste.

In addition, this renewal permit prohibits the processing of materials (i.e., composting,

chipping, grinding, screening, and/or size reducing.) The discharge of stormwater from the

processing of materials is not authorized under this Tier A permit. Facilities conducting

processing activities shall contact the Industrial Stormwater Permitting Unit for information

regarding obtaining the applicable NJPDES individual or general industrial stormwater

discharge permit.

For existing Tier A permittees, this condition continues the implementation of measures to

minimize stormwater run-on and pollutant run-off via surface grading, dikes and/or berms

(which may include sandbags, hay bales and curbing) or three-sided storage bays. Other

measures, such as the 50-foot setback from surface water bodies, storm sewer inlets and/or

ditches or other stormwater conveyance channels, also continue to apply.

Inclusion of these enhanced requirements serve to improve the permit by specifying practical

measures to minimize stormwater contact with aggregate material, wood chips, and finished

compost storage material. The Department’s goal is to ensure that these materials are properly

handled and stored so that contact with stormwater can be minimized.

Existing Tier A permittees shall implement this requirement upon EDPA. New Tier A

permittees shall implement this requirement by EDPA + 6 months.

• Cold Patch Asphalt Storage

This is a new requirement for all Tier A permittees to store cold patch asphalt in a permanent

structure or on an impervious surface and covered with a waterproof material (i.e., tarpaulin or

10-mil plastic sheeting) and contained (e.g., contained by berms) to control leachate and

stormwater run-on or run through. MS4 Stormwater compliance audits confirmed that many

permittees are storing cold patch asphalt uncovered in their MMYs, and some cold patch piles

have been observed with a rainbow sheen in the runoff. Review of some Material Safety Data

Sheets showed residual concentrations of benzene as part of the composition of cold patch

asphalt.

The Department maintains that these conditions provide prescriptive, pragmatic conditions that

prevent the inappropriate discharge of benzene from cold patch asphalt stockpiles.

Since cold patch stockpiles are generally small and can be readily stored in an existing

permanent structure or easily contained on an impervious surface with the appropriate type of

cover, and since the discharge of benzene would be considered an illegal unpermitted

discharge, existing and new Tier A permittees shall implement this requirement upon EDPA.

• Street Sweepings and Storm Sewer Clean-out Material Storage

There is no significant change from the 2018 Tier A permit regarding street sweepings and

storm sewer clean-out material storage, except for the added enhancement for materials that

are bermed on an impervious surface be stored under a waterproof cover. Part IV.F.5.n provides

BMPs for the temporary storage of street sweepings, storm sewer and catch basin clean-out

materials, stormwater management basin clean-out materials and other similar materials that

may be collected during road cleanup operations. These BMPs do not address materials such

as liquids, wastes which are removed from municipal sanitary sewer systems, or material which

constitutes hazardous waste in accordance with N.J.A.C. 7:26G. Any of these materials,

collected in conformance with this BMP, must be stored in leak-proof containers or on an

impervious surface that is contained (e.g., bermed) and covered with a waterproof material (i.e.,

tarpaulin or 10-mil plastic sheeting) to control leachate and stormwater run-on or run-through;

and be removed for disposal within six (6) months of placement into storage.

Inclusion of this change serves to improve the permit and protect surface and ground water

quality by specifying another practical measure to minimize stormwater contact with these

materials. The Department’s goal is to ensure that these materials are properly handled and

stored so that contact with stormwater that is discharged to surface and ground waters can be

minimized. Existing Tier A permittees shall implement this requirement upon EDPA. New Tier

A permittees shall implement this requirement by EDPA + 6 months.

• Construction and Demolition Waste, Wood Waste, and Yard Trimmings Storage

Many Tier A permittees provide yard trimmings and wood waste pick-up as part of their

municipal services; thus, management of these materials was addressed in the 2018 Tier A

permit. Stormwater discharges from these activities at MMYs were authorized under the 2018

Tier A permit, provided that certain BMPs were followed. However, based on observations

made during the MS4 stormwater compliance audits, the current BMPs are not protective

enough and require further enhancement. In addition, because the Department determined that

similar BMPs are required, construction and demolition waste is also included in this section.

This permit renewal enhancement authorizes permittees to temporarily store rubble such as

asphalt millings, asphalt pavement, concrete, brick, block, and asphalt-based roofing scrap, and

vegetative waste such as wood waste and yard trimmings, provided these materials are:

• Stored a minimum of 50 feet from surface water bodies, storm sewer inlets, and/or ditches or

other stormwater conveyance channels;

• Stored in a manner as to minimize stormwater run-on and pollutant run-off via surface grading,

dikes and/or berms (which may include sandbags, hay bales and curbing, among others) or

three-sided storage bays. Where possible the open side of storage bays shall be situated on the

upslope. The area in front of storage bays and adjacent to storage areas shall be swept clean

after loading/unloading;

• Removed within six (6) months of placement into storage; and

• Not Being Processed (i.e., composting, chipping, grinding, screening, and or size reducing).

The discharge of stormwater from the processing of these materials is not authorized under this

permit. Please see below for additional permitting information for these activities.

Originally included in Attachment E of the 2018 Tier A permit, the requirement that road

millings to be managed in conformance with the Division of Solid and Hazardous Waste’s

(DSHW’s) March 2013 “Recycled Asphalt Pavement and Asphalt Millings (RAP) Reuse

Guidance” no longer applies because this document contained guidance on alternate uses for

RAP and no guidance on the proper storage of RAP at municipal maintenance yards. In

addition, the NJDEP Science Advisory Board’s 2019 report on asphalt millings determined that

RAP is not specifically defined in any of New Jersey’s regulations, and the definitions and

requirements for RAP in this guidance document is inconsistent with other State agency

guidance; thus, this RAP Reuse Guidance document was removed from the DSHW’s webpage.

Also, the Division of Land Use Regulation reference has been removed because it was

redundant. This reference was included in Attachment E of the 2018 Tier A permit when the

requirements for aggregate storage at municipal maintenance yards were first added. All Tier

A permit iterations since the initial 2004 permit issuance have maintained the statement “In

accordance with N.J.A.C. 7:14A-6.2(a)7, this permit does not authorize any infringement of

State or local law or regulations;” thus, the Division of Land Use Regulation reference was

deemed unnecessary.

Existing Tier A permittees shall implement this requirement upon EDPA. New Tier A

permittees shall implement this requirement by EDPA + 6 months.

• Scrap Tires

While many Tier A municipalities store scrap tires at their MMYs, management of this

stormwater pollution source material was not addressed in the 2018 Tier A permit. MS4

stormwater compliance audits confirmed that many permittees are storing scrap tires uncovered

in their yards. This new condition of the permit renewal requires Tier A permittees to cover

scrap tires with a tarp on an impervious surface or in a covered container or enclosure to prevent

the exposure to stormwater.

Since compliance with this requirement would only entail the use of minimal and inexpensive

equipment, such as tarps or covered containers, existing and new Tier A permittees shall

implement this requirement upon EDPA.

• Inoperable Vehicles or Equipment

While many permittees store inoperable vehicles or equipment at their MMYs, management of

these stormwater pollution sources was not addressed in the 2018 Tier A permit. Tier A MS4

stormwater compliance audits confirmed that many permittees are storing vehicles and/or

equipment in various states of disrepair in their maintenance yards. This permit renewal

authorizes permittees to temporarily store inoperable vehicles or equipment for up to six (6)

months, provided portable tents or covers are placed over and drip pans under any leaking

vehicle or equipment, and use designated areas away from storm drains for the storage of

inoperable vehicles or equipment. Monthly inspections are required to check vehicles and

equipment for leaks and filled drip pans in compliance with the Site Inspections requirement

in section IV.F.5.b of the renewal permit.

Since compliance with this requirement would only entail the use of minimal and inexpensive

equipment, such as portable tents or covers, and drip pans, and since the discharge of vehicle

fluids would be considered an illegal unpermitted discharge, existing and new Tier A

permittees shall implement this requirement upon EDPA.

• Refuse Containers and Dumpsters

Existing Tier A Municipalities already are required to follow good housekeeping practices at

their municipal maintenance yards to eliminate run-on/run-off from other stored materials. The

2018 Tier A permit requires onsite trash to be stored in leak-proof containers or on an

impervious surface that is contained (e.g., bermed) to control leachate and litter. This permit

renewal enhances the requirements for refuse containers and dumpsters by requiring permittees

to ensure that dumpsters and outdoor refuse containers exposed to stormwater at their MMYs

are kept covered. This serves to prevent the spilling, dumping, leaking, or discharging of

liquids, semi-liquids, or solids from the containers. This measure is not intended for temporary

demolition containers (e.g., rubble or construction waste, and wood waste) or containers that

hold large bulky items (e.g., furniture), provided they do not contain putrescible waste.

Since compliance with this requirement would only entail the use of minimal and inexpensive

equipment, such as portable tents, covers or tarps, and since the discharge of stormwater that

had become exposed to source materials would be considered an illegal unpermitted discharge,

existing and new Tier A permittees shall implement this requirement upon EDPA.

6. Stormwater Program Coordinator Training (Part IV.F.6)

Since the 2004 Tier A MS4 permit, the Department has received feedback from permittees and

NJDEP Compliance and Enforcement staff requesting training and guidance for Stormwater

Program Coordinators (SPCs) to better understand their responsibilities in overseeing and

implementing their stormwater programs. Since 2016, the Department has also conducted MS4

stormwater compliance assistance audits of several Tier A municipalities during which the

permittee has demonstrated inconsistent understanding of permit conditions and Best Management

Practices. In addition, upon SPC staff turnover, the MS4 unit and NJDEP Compliance and

Enforcement staff have received requests from individuals who are new to the SPC role asking for

clarification and assistance with their program responsibilities.

In response to these requests and observations, the Department will provide training for SPCs with

details related to the permit requirements and due dates for actions and submissions, SPC

responsibilities, including webpage postings, employee training, and annual MSRP reporting

requirements. The Department will notify all SPCs of record via email of the scheduled dates of

the training.

The Department will conduct this free training via an interactive webinar or in person sessions at

least twice per year.

Current SPCs are required to attend this training within EDPA + 36 months and once per permit

cycle thereafter. Upon commencement of duties of a new SPC, the permittee shall notify the

Department of the new SPC as per the conditions set forth in Part IV.A.1.e. and ensure that the new

SPC attends the next available SPC training session. The recording of the latest SPC training

sessions will be posted on the MS4 Tier A webpage for informational purposes between training

sessions.

7. Annual Employee Training (Part IV.F.7)

Since the issuance of the 2004 Tier A MS4 permit, the Department has required training of

municipal staff whose job responsibilities include activities required by the stormwater permit.

Training on certain topics was required every year while other the training on other topics was

required every other year. The Department is now proposing that training be conducted on all

topics each year, which changes the frequency of training for those topics that had previously only

been required every two years. The 2018 Tier A permit requires municipalities to provide employee

training on ten topics, with training on three of those topics required annually and the others every

two years. However, one of the three annual topics is on the Stormwater Pollution Prevention Plan

(SPPP), which encompasses all of the biennial topics, resulting in effectively requiring annual

training on those biennial topics. Additionally, many municipalities have had a number of permit

deficiencies noted during the MS4 stormwater compliance audits, and the Department has

determined that additional training will help resolve some of these deficiencies.

This change in the required training schedule is being made in acknowledgement of the

‘overlapping’ annual and biennial training requirements of the 2018 Tier A permit. This change in

frequency will also promote further compliance under the pollution prevention and good

housekeeping minimum control measures to the maximum extent practical under federal

requirements. Municipalities should not see any significant increase in cost, as they already conduct

annual training for some topics, and the annual training would cover some topics that were

inadvertently listed as biennial but covered annually during the SPPP training. Annual training also

supports the annual reviews/updates that municipalities make to the SPPP every year and will

ensure that staff is trained using the most current information. The order and naming of training

categories differ slightly as noted in the chart below, e.g., Yard Waste Collection Program training

is now included with the other Community-wide Measures.

2018 Permit Training Requirements

Permit Renewal Training Requirements

Every Year

• Maintenance Yard Operations

• Stormwater Facility Maintenance

• SPPP Training & Recordkeeping

Every 2 Years

• Yard Waste Collection Program

• Monthly Sweeping of Certain Streets in

Predominantly Commercial Areas

• Illicit Connection Elimination and Outfall

Pipe Mapping

•

Outfall Pipe Stream Scouring Detection and

Control

• Waste Disposal Education

• Municipal Ordinances

• Construction Activity/Post Construction

Stormwater Management in New

Every Year

• SPPP Training & Recordkeeping

• Construction Site Stormwater Runoff

• Post-Construction Stormwater

Management in New Development and

Redevelopment

• Community-wide Ordinances

• Community-wide Measures

• Stormwater Facilities Management

• Municipal Maintenance Yard Operations

and Other Ancillary Operations

• MS4 Mapping

• Outfall Stream Scouring Detection and

Control

• Illicit Discharge Detection and Elimination

• Watershed Improvement Plan (new)

Training shall occur annually and shall include the following topics, at a minimum, commensurate with an

employee’s title and duties. Training for new employees shall occur within three months of commencement

of duties. In order to assist permittees in meeting training requirements; the Department has posted a

Stormwater Training link to training materials at www.nj.gov/dep/stormwater/training.htm.

This link will

continue to be updated by the Department as training resources are developed or identified. In summary,

municipal employee training must cover the following topics, at a minimum, and shall occur at least once

every year:

• SPPP – Provide training on the content of the current SPPP, applicable recordkeeping

requirements, and provide detailed training to employees on any specific component applicable

to their title and duties;

• Construction Activity – Provide training regarding the need for applicable construction sites

to obtain a Construction Site Stormwater Runoff General Permit Authorization. (See Part IV.D

of the permit);

• Post Construction Stormwater Management in New Development and Redevelopment –

Provide training on the requirements for Post Construction Stormwater Management in New

Development and Redevelopment. (See part IV.E of the permit);

• Community-wide Ordinances – Provide training on the following ordinances: Pet Waste

Ordinance; Wildlife Feeding Ordinance; Litter Control Ordinance; Improper Disposal of Waste

Ordinance; Yard Waste Collection Ordinance; Private Storm Drain Inlet Retrofitting

Ordinance, Privately Owned Salt Storage Ordinance, Tree Ordinance, Stormwater Control

Ordinance, Illicit Connection Ordinance, and if applicable, the Optional Refuse

Container/Dumpster Ordinance. Training shall include an overview of these ordinance

requirements, enforcement policies and the repercussions of non-compliance with these

ordinances. (See Part F.1 of the permit);

• Community-wide Measures – Provide training on the following measures: Triannual Street

Sweeping, Annual Street Sweeping, Storm Drain Inlet Labeling, Storm Drain Inlet Retrofitting,

Storm Drain Installation, Herbicide Application Management, Excess De-Icing Material

Management, Roadside Vegetative Waste Management, and Roadside Erosion Control. (See

Part F.2 of the permit);

• Stormwater Facility Maintenance – Provide training on requirements for maintenance of

inventoried stormwater facilities owned or operated by the municipality as well as ensuring

maintenance on those stormwater facilities not owned or operated by the municipality. (See

Part F.3 and 4 of the permit);

• Maintenance Yard Operations and Other Ancillary Operations – Provide training on

implementing BMPs, good housekeeping measures, and conducting and documenting site

inspections at municipally owned or operated Maintenance Yard Operations and Other

Ancillary Operations. (See Part F.5 of the permit);

• MS4 Mapping – Provide training on mapping MS4 infrastructure within the municipality. (See

Development and Redevelopment

Part G.1 of the permit);

• Outfall Pipe Stream Scouring Detection and Control – Provide training on how to inspect,

identify, correct, and document outfall pipe stream scouring and contributing factors. (See Part

G.2 of the permit);

• Illicit Discharge Detection and Elimination – Provide training on how to inspect, identify,

and eliminate illicit connections, and how to document the actions taken, and provide training

on the details of the program including investigation techniques, physical observations, and

field sampling. See the National Menu of Stormwater Best Management Practices at

https://www.epa.gov/npdes/national-menu-best-management-practices-bmps-stormwater

(See Part G.3 of the permit); and

• Watershed Improvement Plan – Provide training on the requirements for developing a

Watershed Improvement Plan, explaining the overall purpose and components of the plan. (See

Part H of the permit)

Increased employee awareness through training will increase the effectiveness of the stormwater

program and will ensure each employee is consistently implementing the permit conditions

necessary to comply with the stormwater permit.

This requirement applies at EDPA for all existing permittees. New permittees have 12 months to

create their SPPP and shall conduct training immediately upon completion. As such, the

requirement for new Tier A permittees is EDPA+12 months.

8. Stormwater Management Design Review Training (Part IV.F.8)

The draft permit renewal retains the stormwater management design review training requirement

that was first introduced in 2018. Specifically, permittees shall ensure that all design engineers,

municipal engineers and other individuals who review the stormwater management designs for

development and redevelopment projects on behalf of the municipality (see Part IV.E.1), complete

the Stormwater Management Design Review Course (see

www.nj.gov/dep/stormwater/training.htm

) once every five years. This course covers the

Stormwater Management rule criteria and the NJ Stormwater BMP Manual. For both designers of

stormwater management facilities and the public officials who review them, implementing the

Stormwater Management rules requires an understanding of both the municipal planning

requirements and the technical standards. The class is intended for those involved in the technical

planning, design, and review process for compliance with the Stormwater Management rules.

The course is taught by Department staff and is held either virtually through an interactive webinar,

or in person in a classroom setting over two or more days, totaling approximately 12 hours.

Attendees can earn Continuing Processional Competency credits (CPCs) upon completion.

Individuals who review stormwater management designs and have not completed this training

within the past five years must attend the next scheduled course offering. If unable to attend a

scheduled course offering, the permittee must notify the Department in writing no later than thirty

days after the missed course offering explaining why attendance was not possible and what

alternate arrangements are being made. The Department will offer this course free of charge, twice

per year.

Permittees shall ensure that all individuals that review and approve stormwater management

designs for major development projects on behalf of the permittee for compliance with the

Stormwater Management rules at N.J.A.C. 7:8 et seq. have completed this mandatory Department

provided training.

Existing Tier A permittees shall implement this requirement upon EDPA. New Tier A permittees

shall implement this condition within 12 months of EDPA.

9. Stormwater Management Rule Amendment Training (Part IV.F.9)

This new permit condition requires the same individuals that review and approve stormwater

management designs for major development projects on behalf of the permittee for compliance

with the Stormwater Management rules at N.J.A.C. 7:8 et seq. also complete this mandatory

Department provided training within one year of the adoption of the rule amendments if they are

not due to take the full course again in that same timeframe, if the Department determines that the

amendments warrant training. This ensures that these individuals are educated on the various

ongoing rule amendments within a reasonable amount of time and that their interpretation and

implementation is correct as soon as possible, rather than waiting for years after they were effective,

which could lead to stormwater management designs being reviewed and approved incorrectly

during that time. The course will be taught by Department staff and held either virtually through an

interactive webinar, or in person in a classroom setting. Attendees can earn CPCs upon completion.

The Department will offer this course free of charge.

Existing and new permittees shall implement this condition upon notification by the Department

that this amendment training is needed, which will allow the design review engineers one year to

take the training.

10. Municipal Board and Governing Body Member Related Training (Part IV.F.10)

As per the 2018 Tier A permit, permittees shall ensure that municipal board and governing body

members that review and approve applications for development and redevelopment projects,

complete the “Asking the Right Questions in Stormwater Review Training Tool” posted at

www.nj.gov/dep/stormwater/training.htm.

This free online interactive training tool is designed for

Municipal Board and Governing Body members to provide a general understanding of post

construction requirements. This course must be completed by those individuals that review any

projects for compliance with Part IV.F.7 of this permit.

The Municipality is required to maintain a list of the dates and names of training program

participants in its SPPP.

Existing Tier A permittees have already been required to implement this training and therefore

training must be completed by current municipal board and governing body members on or before

EDPA and by new members within six months of commencing duties. Once per term of service

thereafter, municipal board and governing body members must also review at least of one of the

tools offered under Post-Construction Stormwater Management found at the website above.

New permittees shall ensure that their current municipal board and governing body members

complete the training on or before EDPA + 6 months. Additionally, new board members for new

Tier A permittees must complete this training within six months of commencing duties. Once per

term of service thereafter, municipal board and governing body members must also review at least

of one of the tools offered under Post-Construction Stormwater Management found at the website

above.

G. Minimum Standards for MS4 Mapping, Stream Scouring, and Illicit Discharge Detection and

Elimination Programs (Part IV.G)

A summary of these components as included in the 2018 Tier A permit is as follows:

• Outfall Pipe Mapping – Existing permittees were required to develop, update and maintain an

outfall pipe map showing the location of the end of all MS4 outfall pipes (tidal and non-tidal)

owned or operated by the permittee which discharge to a surface water body. The outfall pipe map

was to be submitted to the Department in an electronic format by December 21, 2020;

• Stream Scouring – Existing permittees were required to develop, update and implement a program

to detect, investigate and control any localized stream scouring from stormwater outfall pipes

owned or operated by the municipality. Permittees were required to, at a minimum, inspect each

outfall pipe which discharges to a stream for localized stream scouring in the vicinity of the outfall

pipe at least once every five years and to inspect any outfall pipes newly identified for localized

stream scouring in the vicinity of the outfall pipe. If scouring was detected, the permittee was

required to document sources of stormwater that contribute to the outfall pipes identified as having

scouring, investigate each identified source of scouring, prioritize, schedule and complete

remediation of identified localized stream scouring and make all stream scouring restoration in

accordance with the Standards for Soil Erosion and Sediment Control in New Jersey at N.J.A.C.

2:90-1.3 (e.g., Conduit Outlet Protection 12-1) and the requirements for bank stabilization and

channel restoration found at N.J.A.C. 7:13-12.14. All associated maintenance or repairs to

stormwater facilities were required to be made in accordance with N.J.A.C. 7:8-5.8.; and

• Illicit Discharge Detection and Elimination – Illicit Discharge Detection and Elimination (IDDE)

is one of the six Federal Minimum Control Measures (see

www.epa.gov/npdes/stormwater-

discharges-municipal-sources and 40 CFR 122.34(b)(3)) which the 2018 Tier A permit addressed

through requirements under the heading “Minimum Standards for MS4 Outfall Pipe Mapping, and

Illicit Discharge and Scouring Detection and Control.” In the 2018 Tier A permit, permittees were

required to develop, update, implement and enforce an ongoing IDDE Program. This program was

required to be documented in the SPPP. Permittees were required to, at a minimum, conduct visual

dry weather inspection of all outfall pipes owned or operated by the municipality at least once every

five years to determine if dry weather flow or other evidence of illicit discharge is present,

investigate the source if evidence of illicit discharge is found, eliminate non-stormwater discharges

that are traced to their source and found to be illicit connections, document investigations and

actions taken using the Department’s Illicit Connection Inspection Report Form, inspect any outfall

pipes newly identified for illicit discharges, investigate dry weather flows discovered during routine

inspection and maintenance of other elements of the MS4, and investigate, within three months of

receipt, complaints and reports of illicit connections, including those from operating entities of

interconnected MS4s. The 2004 and 2009 permits also contained similar requirements for IDDE.

This permit renewal retains and enhances these requirements with changes to include mapping

requirements for all storm sewer infrastructure, as well as including minimum timeframes for

completion of permit requirements for stream scouring and illicit discharge detection and elimination.

This permit renewal also includes a minor revision to the heading of these requirements to reflect the

enhanced requirements. A summary of the proposed requirements is as follows:

1. MS4 Mapping

• The permittee shall develop, update, and maintain a MS4 Infrastructure Map that delineates the

location of the following stormwater features that are owned or operated by the permittee,

including their associated attributes noted in parentheses:

o MS4 outfalls (receiving surface water name, type of outfall);

o MS4 ground water discharge points (type);

o MS4 interconnections (type into/from, entity);

o Storm drain inlets (type, catch basin present, label present, retrofitted);

o MS4 manholes;

o MS4 conveyance (type, direction of flow);

o MS4 pump stations;

o Stormwater facilities (type); and

o Property boundaries of maintenance yard(s) and other ancillary operations (type).

• The permittee shall ensure that the MS4 Infrastructure map be:

o Reviewed annually, or more frequently as necessary, and updated to include the location

or attributes of any new or newly identified MS4 infrastructure;

o Posted on the permittee’s dedicated stormwater webpage and included as a weblink within

the SPPP;

o Submitted electronically to the Department as a georeferenced shapefile, geodatabase, or

an AutoCAD file (with all other non-applicable data stripped out). If the DEP Mapping

Application (https://www.nj.gov/dep/dwq/msrp_map_aid.htm

) is used, then no submittal

is required as the data is automatically submitted to the Department via the mapping

application; and

o Provided to the Department on or before EDPA + 36 months for existing and new

permittees.

o Existing permittees: This time frame does not extend the deadline of December 21, 2020,

for the submission of the MS4 outfall pipe map.

These enhanced MS4 mapping requirements will expand on the requirements of the 2018 Tier A

permit. Permittees will be required to map their entire storm sewer system including outfalls,

ground water discharge points, interconnections, storm drain inlets, manholes, conveyance, pump

stations, stormwater facilities, and maintenance yard boundaries. This MS4 Infrastructure Map will

be required to be posted on the permittee’s dedicated stormwater webpage. Consistent with the

requirements of the 2018 permit, the Department is requiring that the submission of the MS4 map

be in an electronic format.

The deadline for submitting the map is EDPA + 36 months for existing and new Tier A permittees.

As noted in Section 1, Introduction, above, the Department has determined that this enhanced

mapping is necessary to improve the proper operation and maintenance of the storm sewer systems

throughout the state. Mapping of infrastructure is crucial for proper asset management as

permittees must be aware of the location of their storm sewer system components in order to

conduct proper operation and maintenance. Knowing the location of storm sewer system

components is also necessary when implementing a stream scouring and illicit discharge detection

and elimination program.

The Department is continuing to provide a free to use, ArcGIS Online based, stormwater

infrastructure mapping “application” or “app”. This application was developed with the intention

of providing a method for municipalities to easily create a detailed map of stormwater

infrastructure. As part of the application development process, the Department acquired a pool of

licenses that are to be distributed to municipalities who are interested in the using the ArcGIS

Online based application. These licenses, which otherwise would cost money for municipalities to

obtain, are being offered free of charge. Municipalities who already have access to an ArcGIS

Online license can be invited to the application using their existing user information and may

continue to use their license to collect stormwater infrastructure data. Permittees can satisfy the

MS4 mapping requirements of this permit by using this application to upload stormwater

infrastructure location information directly to the Department. Permittees can also provide

stormwater infrastructure locational coordinates to the Department in the form of an ESRI

Shapefile, ESRI Geodatabase, AutoCAD DWG, or MS Excel spreadsheet which the Department

can then upload into the application’s data layer. The use of this application for submittal of

stormwater infrastructure mapping data will constitute compliance with the NPDES Electronic

Reporting Rule. Use of this application for collection and submittal of data for newly mapped

stormwater infrastructure would be advantageous, as it will likely prevent duplication of efforts

required to comply with both the permit requirement and the Federal Electronic Reporting

requirement. This application can also be used by permittees in conjunction with facilities

maintenance activities; stream scouring detection and elimination activities; and illicit discharge

detection and control activities, at their convenience.

2. Stream Scouring

The permittee shall develop, update, and implement a program to detect, investigate and control

any localized stream scouring from stormwater outfalls owned or operated by the permittee. This

program shall be described in the SPPP.

The permittee shall, at a minimum:

• Inspect each MS4 outfall that discharges to a stream, and the surrounding area in the vicinity

of the MS4 outfall, for localized scouring of the stream banks or bottom caused by the outfall.

Each outfall shall be inspected at least once every five years, with a minimum of 20% of the

total number of outfalls or 100 per year, whichever is greater;

• Inspect, within 30 days of identification, any new and/or newly identified outfalls as required

above for localized scouring of the stream banks or bottom caused by the outfall;

• Investigate, within 30 days of receipt, all complaints and reports of stream scouring;

• When localized stream scouring is detected, identify sources of stormwater that contribute to

the scouring from the outfall within 3 months;

• Where identified sources are located on property owned or operated by the permittee, corrective

action shall be taken by the permittee to reduce stormwater rate or volume when feasible;

• Where identified sources are within the jurisdiction of the permittee, but not located on property

owned or operated by the permittee, the permittee shall ensure that proper operation and

maintenance of stormwater facilities is performed by the entity responsible for the facility;

• Prioritize, schedule and complete remediation of identified localized stream scouring as soon

as possible, taking action based upon the requirements above. If not able to be completed within

12 months, a schedule for completion shall be submitted to the MS4 Case Manager before the

12 month deadline. (See https://www.nj.gov/dep/dwq/msrp_managers.htm

). This schedule of

completion shall be maintained with updated information and provided to the MS4 Case

Manager on a quarterly basis until completion;

• All stream scouring restoration shall be made in accordance with the Standards for Soil Erosion

and Sediment Control in New Jersey at N.J.A.C. 2:90-1.3 (e.g., Conduit Outlet Protection 12-

1) and the requirements for bank stabilization and channel restoration found at N.J.A.C. 7:13-

12.14;

• All associated maintenance or repairs to stormwater facilities shall be made in accordance with

N.J.A.C 7:8-5.8. Any changes to stormwater facilities that were originally approved as part of

a major development project must be reviewed for compliance with N.J.A.C. 7:8 et seq. and

the permittee’s SCO or RSIS, as applicable, by a design review engineer who has completed

the Department’s Stormwater Design Review course; and

• Maintain a log and document all investigations and actions taken sufficient to demonstrate

compliance with this requirement. Outfall inspections shall include all information requested

on the Department’s Outfall Inspection Form. Documentation of stream scouring shall include

all of the information requested on the Department’s Stream Scouring Investigation

Recordkeeping Form. (See https://www.nj.gov/dep/dwq/tier_a.htm

). These forms request

information related to the outfall location, date visited, name of inspector, and observations of

the outfall’s structural integrity and if and what maintenance or repairs need to take place, etc.

The Stream Scouring requirements of this permit are included to protect water quality from

negative effects of erosion and have been enhanced to include minimum timeframes for

completion. The Stream Scouring requirements of this permit align the physical inspection of the

outfall pipes with the Illicit Discharge Detection and Control requirements so that the municipality

could do both outfall pipe stream scouring detection and illicit discharge inspection on the same

schedule. As with the 2018 permit, this permit retains references to “localized” stream scouring “in

the vicinity of the outfall pipe.” A definition of “stream scouring” is in Notes and Definitions where

stream scouring means the erosion or removal of streambed or bank material by the physical action

of flowing water and the sediment that it carries. The stream scouring permit conditions require

identification, documentation, investigation and, when feasible, reduction of sources of stormwater

that contribute to outfall pipe stream scouring.

Existing Tier A permittees should already have this program in place, so compliance is required at

EDPA. New Tier A permittees must create and implement this program by EDPA + 12 months.

3. Illicit Discharge Detection and Elimination

The permittee shall develop, update, implement and enforce an ongoing Illicit Discharge Detection

and Elimination Program. This program shall be described in the SPPP, as required in Part IV.A.2.

The permittee shall, at a minimum:

• Conduct visual dry weather inspection of all outfalls owned or operated by the permittee at

least once every five years, with a minimum of 20% of the total number of outfalls or 100 per

year, whichever is greater, to determine if dry weather flow (flow occurring 72 hours after a

rain event) or other evidence of illicit discharge is present;

• Inspect, within 30 days of identification, any new and/or newly identified outfalls, as required

in Part IV.G.1.b.i above, to determine if dry weather flow or other evidence of illicit

connections or discharge is present;

• Investigate, within 30 days of identification, dry weather flows or other evidence of illicit

connections or discharge discovered during routine inspection and maintenance of other

elements of the MS4;

• Investigate, within 30 days of receipt, complaints and reports of dry weather flows or other

evidence of illicit connections or discharge, including those from operating entities of

interconnected MS4s;

• Conduct follow-up investigations, within 30 days of discovering dry weather flows or other

evidence of illicit connections or discharge, to determine the source;

• Eliminate as soon as possible, but no later than within one year of discovery, non-stormwater

discharges that are traced to their source and found to be illicit connections or discharges. If

unable to eliminate a non-stormwater discharge within one year, the permittee must request an

extension from the Department no later than thirty days before the end of the one-year

timeframe. If unable to make significant progress at any time during this process, please contact

your case manager. (See https://www.nj.gov/dep/dwq/msrp_managers.htm

); and

• Document all investigations and actions taken using the Department’s Illicit Connection

Inspection Report Form. (See https://www.nj.gov/dep/dwq/tier_a.htm

The permittee shall adopt and enforce an ordinance that prohibits illicit connections to the MS4

owned or operated by the permittee. (See https://www.nj.gov/dep/dwq/example_ordinance.htm

for

a model ordinance.)

The Illicit Discharge Detection and Control requirements of this permit are enhanced to include

minimum timeframes for completion of permit requirements. These timeframes include:

conducting visual dry weather inspections of all outfalls owned or operated by the permittee once

every five years; inspecting all new and/or newly identified outfalls within 30 days of identification

for dry weather flow; inspecting dry weather flows that were discovered during routine inspections

within 30 days of identification; investigating complaints and reports of illicit connections within

30 days of receipt; investigating to discover the source of illicit connection within 30 days; and

eliminating illicit connections within one year of discovery. This is in part due to comments

received by the Department from the EPA on the 2018 Tier A Permit, the 2019 Public Complex

Permit, and the 2020 Highway Agency Permit. The Department has included a link to both the

NJDEP Illicit Connection Inspection Report Form and the USEPA Guidance Document as a useful

resource for the illicit discharge program. As specified in the Notes and Definitions section, “illicit

connection” is defined to mean any physical or non-physical (i.e., leak, flow, or overflow into the

municipal separate storm sewer system) connection to an MS4 that discharges domestic sewage;

non-contact cooling water, process wastewater, or other industrial waste (other than stormwater);

or category of non-stormwater discharges that a permittee for the MS4 identifies as a source or

significant contributor of pollutants pursuant to 40 CFR. 122.34(b)(3)(iii), unless that discharge is

authorized under a NJPDES permit. Finally, the requirement to maintain and enforce an ordinance

prohibiting illicit connections is continued from the 2018 permit.

Existing Tier A permittees should already have this program in place, so compliance is required at

EDPA. New Tier A permittees must create and implement this program by EDPA + 12 months.

H. Watershed Improvement Plan (Part IV.H)

1. Background

The Department conducts and oversees a wide array of ambient monitoring for freshwater (rivers,

streams, lakes), marine waters (bays, oceans) and tidal rivers. This ambient stream monitoring is

conducted and used to regularly assess the ‘health’ of the waters of the state to determine if the

New Jersey Surface Water Quality Standards (NJSWQS) at N.J.A.C. 7:9B et seq. are met and to

assess if designated uses (fishable, swimmable, safe for drinking, etc.) are supported. Monitoring

is conducted for chemical/physical parameters (total suspended solids, phosphorus, nitrate, total

dissolved solids, dissolved oxygen, copper, lead, nickel, zinc, etc.); biological health (e.g., bottom-

dwelling communities, fish populations); phytoplankton (microscopic plants) and sanitary quality

(pathogenic indicators of bacteria and viruses that present a human health risk). One purpose for

ambient monitoring is to evaluate impaired waterways, and that data is required to be compiled and

presented in the biennial Integrated Report. Water quality monitoring networks include sampling

stations in each of the 20 Watershed Management Areas statewide. Waters that do not meet the

applicable standard(s) or support the applicable designated use(s) are considered “impaired” and

are placed on the 303(d) List of Water Quality Limited Waters (also available at

www.nj.gov/dep/wms/bears/assessment.htm

), which is a subpart of the “Integrated Water Quality

Assessment Report.” These impairments are listed in the report based on the subwatershed of the

surface water that the monitoring represents. These subwatersheds are also known as HUC 14s and

are identified by their 14-digit Hydrologic Unit Codes. There are 958 HUC 14s in New Jersey and

they are shown in figure H-1 and H-2 below.

Since 2014, the state has been conducting a rotating regional approach to integrated water quality

assessment as required under the Sections 303(d) and 305(b) of the Federal Clean Water Act. Under

this rotating regional approach, the Department conducts streamlined assessments of statewide

water quality with more comprehensive, detailed assessments conducted in one of the five Water

Regions across the state on a rotating basis every other year. This results in a comprehensive

assessment of the entire state every ten years.

The biennial “Integrated Water Quality Assessment Report”” must include the status of these

subwatersheds, or HUC 14s, in terms of overall water quality and support of designated uses, as

well as strategies to maintain and improve water quality. See

https://www.state.nj.us/dep/wms/bears/assessment.htm

and for additional information.

Figure H-1 Figure H-2

Once a HUC 14 is deemed impaired for one or more parameters, Section 303(d) of the Federal

Clean Water Act requires development of a TMDL for the pollutant(s) responsible for each

impairment. A TMDL may be viewed as a pollutant budget for an impaired waterbody, meaning it

is the maximum amount of a pollutant that a waterbody can receive and still meet the NJSWQS.

The regulatory authority for the imposition of TMDLs is found in EPA’s Water Quality Planning

and Management Regulations (40 CFR 130.7(c) and (e)), and in New Jersey’s Water Quality

Management Planning rules at N.J.A.C. 7:15-5 et seq.. The TMDL must be calculated so that the

NJSWQS can be attained in consideration of critical conditions and seasonal variation, yet also

include a margin of safety to account for uncertainty. The TMDL is allocated among all the sources

of the pollutant, including MS4 point sources as well as other point sources, nonpoint sources, and

natural contributions. TMDLs include implementation plans which identify a suite of measures

that may assist in reducing loads from each source. Ambient monitoring programs can be used as

a tool to evaluate progress in achieving the objectives of the TMDLs.

2. Addressing TMDLs through the 2018 Tier A MS4 NJPDES Permit

Stormwater point sources, like stormwater nonpoint sources, derive their pollutant loads from land

surface runoff. The distinction is that all point sources from Tier A municipal separate storm sewers

are regulated under the Federal Clean Water Act through the MS4 program. (See 40 CFR.

123.35(b)). These stormwater point sources are addressed through the SBRs, control measures and

best management practice requirements contained in the permit. In accordance with 40 CFR

122.34(a) and N.J.A.C. 7:14A-25.6(a)1, best management practices are generally the most

appropriate form of effluent limitations when designed to satisfy technology-based requirements.

The SBRs and other permit conditions that Tier A permittees are required to implement are

designed to reduce pollutant loadings in all watersheds, especially impaired watersheds. In the 2018

permit renewal, the Department stated that for waterbodies with approved or adopted TMDLs, the

reductions associated with compliant implementation of each SBR constituted reasonable progress

toward meeting the reductions specified in the TMDLs. Examples included: adoption and

enforcement of the pet waste disposal ordinance; prohibition of the feeding of unconfined wildlife

on public property; cleaning catch basins; street sweeping; performing good housekeeping at

maintenance yards; and providing related public education and employee training. These basic

requirements provide for a measure of load reduction from existing development. For example,

compliance with the pet disposal ordinance and prohibition of the feeding of unconfined wildlife

on public property will result in lesser quantities of pathogens and nutrients, such as fecal coliform

and Nitrates, being discharged to the waters of the state from the MS4 systems. Likewise,

compliance with street sweeping and catch basin cleaning requirements results in lesser quantities

of solids and any attached pollutants being discharged to the waters of the state from the MS4

systems. Also, compliance with good housekeeping at maintenance yards results in lesser quantities

of pollutants associated with common public works activities (e.g., road salt, and pollutants

associated with vehicle maintenance and vehicle fueling) from being discharged in stormwater

runoff. Finally, public education initiatives improve awareness of the impact that day to day

activities can have on stormwater quality (e.g., pet waste management, litter, landscaping activities

and inappropriate use of storm drains for disposal). Employee training serves to reinforce effective

implementation of the permittees’ MS4 programs.

To supplement the above described SBRs and other permit requirements, to raise awareness of

impaired waterbodies and TMDLs, and to promote municipal strategies to reduce pollutant

discharge from MS4s, the 2018 Tier A permit required permittees to identify pollutants listed in

any approved or adopted TMDLs for waterbodies bordering or within the Tier A Municipality for

inclusion in the SPPP on an annual basis. Additionally, the 2018 Tier A permit required

identification in the SPPP of strategies to address stormwater related pollutants associated with

TMDLs.

Language emphasizing the importance of understanding the conditions and needs of a

municipality’s receiving waters is included in EPA’s Measurable Goals Guidance for Phase II

Small MS4s as follows:

"If you haven't done so already, collect information on your city's receiving waters and what

pollutants and sources are impacting those waters. You should also know the various uses of

your receiving waters so you can design a program to protect those uses. Begin by asking

yourself the following questions: Do you know the names and locations of the waters that

receive a discharge from your MS4? Do you know the character and quality of these waters?

Are any of these waters listed as impaired on your State's 303(d) list? What are the pollutants

impacting these waters? Do you know the designated uses of these waters?"

To e

nsure that this requirement was user friendly and in consideration of limited municipal

resources, the Department developed the TMDL Look-Up Tool (

www.state.nj.us/dep/dwq/msrp-

tmdl-rh.htm). The TMDL Look-Up Tool is an on-line tool to streamline access to TMDL

information and was developed specifically to assist New Jersey’s municipal Stormwater

Coordinators with the identification of this information to use for developing strategies to further

reduce the impact of stormwater discharges from MS4s. The TMDL Look-Up Tool uses a

dropdown feature to locate the municipality and county. The tool then displays a list of watersheds

along with a link to any established, approved, or adopted TMDLs associated with any segment of

surface water wholly or partially within or bordering the municipality. TMDLs frequently include

short-term and long-term management strategies within the TMDL along with segment specific

recommendations. Tier A Municipalities have been able to review these strategies and use this

information to assess any local water quality issues in relation to operation and maintenance of the

MS4.

In accordance with 40 CFR 122.34(a)(2), the MS4 requirements should be based on the evaluation

of, among other things, current water quality criteria conditions and permittee compliance. TMDLs

are linked to water quality conditions and must be understood by permittees. Despite this, during

the MS4 stormwater compliance audits, and in preparation of the 2018 Tier A permit renewal, the

Department determined that there was a lack of awareness among municipal representatives

regarding TMDLs in waterbodies within a Tier A Municipality despite their relation to the MS4

system. This may have been partially due to the fact that TMDLs are apportioned by one or more

specific subwatersheds, which do not typically match municipal borders. In fact, multiple TMDLs

can apply within one municipality. The Department attempted to address this gap in awareness in

the 2018 Tier A permit by including the following requirements:

i. The Tier A Municipality was required to annually review approved or adopted TMDL reports

to identify stormwater related pollutants listed therein and associated with any segment of

surface water wholly or partially within or bordering the Tier A Municipality. This

information could be accessed at https://www.nj.gov/dep/dwq/msrp-tmdl-rh.htm

ii. The Tier A Municipality was also required to use this TMDL information identified to:

(1) assist in the prioritization of stormwater facility maintenance including schedules for

repairs required at Part IV.B.6.b.iv (Stream Scouring) and Part IV.C.1.a.iv (Stormwater

Facilities Maintenance); and

(2) identify and develop strategies to address specific sources of stormwater related pollutants

contributing to discharges authorized under the permit. Strategies may have included but

were not limited those found in the implementation section of approved or adopted TMDL

reports (for examples see “Total Maximum Daily Load (TMDL) Guidance for Tier A

MS4 Permittees” found at www.nj.gov/dep/dwq/msrp-tmdl-rh.htm

);

iii. The Tier A Municipality was required to annually update its SPPP to list information

identified in i and ii, above; and

iv. The Tier A Municipality was required to incorporate any strategies identified in ii(2), above

as an Optional Measure.

In accordance with Part IV.C.1 (Stormwater Facilities Maintenance) and IV.C.2 (TMDL

Information) of the 2018 Tier A permit, municipalities were required to use TMDL information to

prioritize stormwater facility maintenance. For example, permittees should have updated their

SPPPs to note that they performed repairs and other corrective maintenance on stormwater facilities

that discharge to TMDL waterbodies before other stormwater facilities, or they could have targeted

those facilities for more frequent preventative maintenance. Permittees were also required to use

TMDL information when prioritizing or scheduling repairs for stream scouring, as required at Part

IV.B.6.b.iv (Stream Scouring) of the 2018 Tier A permit.

In addition to the requirements explained above, permittees were required to identify and develop

strategies to address specific sources of stormwater related pollutants. Permittees could have used

any identified short-term, long-term or segment specific implementation strategies as contained in

the TMDLs to proactively incorporate strategies into their SPPP. Permittees could have also

included strategies as identified in approved restoration plans as well as any strategies developed

as a result of the review of the local municipality needs and local input. The Tier A permittee should

have incorporated any selected implementation strategy as an Optional Measure in the SPPP. These

Optional Measures were required to be identified in the SPPP, but failure to implement an Optional

Measure identified in the SPPP was not to be considered a violation of the NJPDES permit. These

Optional Measures could then be used in conjunction with the requirements to use TMDL

information to prioritize maintenance and repairs to attain reasonable progress toward achieving

the reductions specified in the approved or adopted TMDL. The Department complemented the

information posted with the TMDL Look-Up Tool new guidance entitled “Total Maximum Daily

Load (TMDL) Guidance for Tier A MS4 Permittees” to assist municipalities in evaluating

strategies (see www.nj.gov/dep/dwq/msrp-tmdl-rh.htm

3. Addressing TMDL and Impaired Waters through this Tier A MS4 NJPDES Permit Renewal

MS4 stormwater compliance audits were conducted for 37 Tier A permittees (8.1% of Tier A

permittees), which included online reviews of permittees’ online SPPPs, since the 2018 permit

became effective. Despite the requirements in the 2018 permit, most permittees did not include

their TMDLs in their SPPP. Furthermore, they did not explain in their SPPP plans to prioritize

maintenance and repairs in those areas, nor provide any strategies developed to improve water

quality in TMDL affected waters.

Changes in this permit renewal are based on current information and stormwater related concerns,

which includes, but is not limited to: surface water quality impairments as per the final 2018/2020

Integrated Report, adopted/approved Total Maximum Daily Loads (TMDLs), the presence of

Harmful Algal Blooms (HABs), the Surface Water Quality Standard water quality classification

upgrades to N.J.A.C. 7:9B that occurred in May 19, 2003, November 3, 2003, August 2, 2004, June

20, 2005, June 16, 2008, and April 6, 2020, as well as the serious stormwater flooding that has

resulted from recent storm events, including Hurricane Ida.

Further, as many of the surface waters subject to TMDLs and impairments do not have point source

discharges besides the contribution from the MS4 systems, the Department has determined that the

stormwater discharges from MS4s are having a significant impact on water quality throughout the

state.

The Watershed Improvement Plan (“WIP”) is a new requirement in this permit renewal, included

as Part IV, Section H of the proposed permit. The goal in instituting a WIP is to make reasonable

progress towards restoring water quality in the impaired waters of the state, including those waters

with adopted/approved TMDLs. The Department believes the requirement is necessary based on

available water quality data, a more thorough and comprehensive review of other water quality and

quantity concerns as noted in the Introduction section of this Fact Sheet, and in consideration of

the State’s policy (see N.J.A.C. 7:9B et seq.) to restore, maintain and enhance the chemical,

physical and biological integrity of its waters.

The ultimate implementation of this WIP is intended to ensure compliance with the water quality

requirements of the Federal Clean Water Act. A depiction of these waterbodies with TMDLs or

impairments is included Figure H-3. The Department has, therefore, determined that each Tier A

permittee must develop a WIP. Each WIP would be tailored to the unique circumstances of the

municipalities and their respective subwatersheds, rather than dictating detailed measures each

permittee must undertake to address the specific TMDLs/Impairments within and bordering the

waterbodies their MS4s discharge into.

The WIP is composed of three phases; the Watershed Inventory Report, Watershed Assessment

Report, and Watershed Improvement Plan Report. Each of these phases have deliverables to the

Department and the requirements are listed out below.

The Watershed Inventory Report is the first phase that is due EDPA +36 months and shall

summarize and include an electronic map of the following items:

• All stormwater outfalls owned/operated by the permittee;

• The drainage area for each outfall(s);

• The receiving waterbodies of those outfalls;

• The water quality classification of all receiving waterbody segments;

• All stormwater interconnections from the municipality into another entities’ storm or sanitary

sewer system,

• The drainage area for each interconnection into another entities’ storm or sanitary sewer

system,

• All stormwater connection points into the municipality from another entities’ storm sewer

system,

• All storm drain inlets,

• Area associated with each TMDL for waters that lie within or bordering the municipality,

• Area associated with each water quality impairment for waters that lie within or bordering the

municipality

• Overburdened communities,

• Impervious areas, and

• The Location and ownership of all privately (not/owned/operated) owned stormwater outfalls

and basins/infrastructure

The second phase that is due EDPA + 48 months is the Watershed Assessment Report that must

include but is not limited to:

• An assessment of potential water quality improvement projects by subwatershed and

parameter;

• An estimate of the percent reduction in loading of the TMDL/impaired parameters due to

project(s) above;

• A summary of feedback from public information sessions;

• An estimate of funding needs for each project, and identification of potential funding sources,

including the New Jersey Water Bank (NJWB); the formation of an SWU, using, 319 grants,

FEMA BRIC grants; Ag $, etc.; and

• An estimate of an implementation schedule.

The permittee also shall post the Watershed Assessment Report, along with an announcement of a

60-day comment period for formal public input on its municipal website.

The third phase that the permittee shall prepare and submit to the Department on or before EDPA

+ 59 months, the final Watershed Improvement Plan Report, which shall include:

• A summary of proposed locations and load reductions of water quality improvement projects,

both public and private, to be implemented;

• A summary of the public comments received, and the changes made to the Final Plan;

• A summary of how the projects will be coordinated with other regulatory requirements, such

as:

o flood protection; endangered habitat/species;

o surface & ground drinking water protection;

o climate change/resiliency;

o green infrastructure/SWM requirements;

o wildlife corridors;

o green acres;

o environmental justice;

o Combined Sewer Overflow Long Term Control Plans;

o wetlands;

o riparian buffers;

o forest corridors

o related ongoing projects;

o Pinelands Commission;

o Highlands Council; and

o Delaware River Basin Commission.

• The proposed implementation schedule for the water quality improvement projects;

• A schedule of the public information sessions to be held;

• Problems identified that are outside the jurisdiction of the permittee, if any. These can be related

to pollutant loading due to agricultural properties, or other lands not under the jurisdiction of

the municipality, and opportunities to address them;

• Costs, broken down by project and year, the funding opportunities that will be sought; and

• This plan shall describe how stormwater related problems in overburdened communities have

been prioritized.

The permittee shall begin to implement the WIP in accordance with the schedule set forth within

the Plan.

The WIP will be updated when necessary, based upon the biennial (every 2 years) review of the

revisions to the impairments of the permittee’s waterbodies as per the Department’s Integrated Report

and newly adopted TMDLs.

Figure H-3

This permit renewal allows each permittee 59 months to prepare their WIP, tailored to their water

quality, MS4 circumstances, and resource opportunities. There are three due dates for the three

stages of WIP development:

• Phase 1 is designated as the information gathering stage. Existing and new Tier A permittees

must submit the Watershed Inventory Report by EDPA + 36 months.

• Phase 2 is the development of a list of potential actions the permittee can choose from for the

final WIP. Existing and new Tier A permittees must submit the Watershed Assessment Report

by EDPA + 48 months.

• Phase 3 is the proposed final WIP with the list of potential actions boiled down to the specific

• Actions the permittee selected, along with a reasonable implementation schedule. Existing and

new Tier A permittees must submit the Watershed Improvement Plan Report by EDPA + 59

months.

The Department will be available to assist the permittees in this process. Much of the information

required in Phase 1 is already available on the Department’s GIS system and can be provided free

of charge. The list of potential projects should be comprehensive, and the chosen projects must

consider the MS4 percent reductions listed in all pertinent TMDLs. The full percent reductions

noted in the TMDLs do not have to be accounted for in the potential or chosen projects, as some

percent reductions should have already taken place through the implementation of the other permit

conditions. However, permittees are expected to develop a WIP that will reasonably reduce the

contribution of applicable pollutants. The WIPs implementation, in concert with other any other

referenced actions, will improve the quality of the stormwater runoff from within their jurisdiction

to, in turn, improve and restore the water quality of the waters of the state to achieve compliance

with the surface water quality standards.

It is understood that the Phase 2 and Phase 3 efforts will largely depend upon the individual

circumstances that lay within each municipality. However, the Department will provide whatever

assistance it has available to assist the permittees in this process. Once Stage 3 of the WIP is

submitted, the Department will review and provide comments as appropriate. It should also be

noted that while each permittee is individually responsible for complying with the requirement to

develop a WIP, the Department encourages municipalities to work together in developing more

regionalized WIPs where a regional approach would be more effective at meeting the surface water

quality standards or would result in accelerated water quality improvements. Regionalized WIPs

will be accepted as compliant with this requirement, as long as each permittee’s responsibilities

under the regional WIP are clearly outlined and agreed upon by the group of permittees covered by

the regional WIP. Further, the Department will prioritize regional WIPs in terms of Department

assistance, funding opportunities, and review and approval.

There is some data available to assist permittees with mapping privately owned stormwater

facilities. The New Jersey Hydrologic Modeling Database (or H&H Database) is posted online and

encompasses several decades of data collected by NJ Soil Conservation Districts and the New

Jersey Department of Agriculture. This database contains a wealth of information regarding

stormwater management basins and data can be downloaded based on location. See

https://hydro.rutgers.edu/ to view the database map or https://hydro.rutgers.edu/public_data/

download data in an Excel format. The information in this database may help permittees to identify

stormwater basins in the municipality that they were not aware of. For most stormwater facilities,

the database contains original design plans which may help to identify the maintenance

requirements of a stormwater facility and can help the permittee to develop a more robust inspection

and maintenance plan as a result.

Permittees are encouraged to explore both commercial and public resources for data collection and

management. This could include sharing equipment and resources with other entities, including

other permittees. Other public agencies, such as the New Jersey Highlands Council and County

agencies may already have a database containing information that would be useful to permittees.

Permittees may also be able to obtain stormwater facility locational information already collected

by these and other public organizations.

To assist permittees with the required collection of location information of stormwater facilities,

the Department developed a voluntary, free ArcGIS Online Mapping Tool. This application (app)

allows for permittees to inventory and map stormwater facilities at their convenience. The

Department anticipates that the app will be expanded in the future to allow the user to document

additional information, including records of maintenance actions. When the expanded app is

available, permittees may be able to use the app to demonstrate compliance with the maintenance

requirement in this permit.

While creating an inventory using this application, Tier A permittees are strongly encouraged to

capture additional information about components of the MS4 system in order to optimize operation

and maintenance activities. This information is best managed using an electronic database;

however, as previously stated, it is anticipated that future versions of this app will be expanded to

provide for more detailed information collection. Also, inspection notes, such as facility condition,

maintenance activity, date of inspection, evidence of flooding and photographs can be tracked in a

municipal stormwater database. This would be useful to the permittee and its Stormwater

Coordinator for overseeing and prioritizing operation and maintenance of its own infrastructure;

for ensuring proper operation and maintenance of infrastructure not owned or operated by the

municipality; and for collecting and reporting statistical information necessary to complete the

Annual Report required by this draft permit.

I. Optional Measures and Additional Measures (Part IV.I)

1. Optional Measures

Permittees may incorporate Optional Measures into the MS4 stormwater program that extend

beyond the requirements of the permit to further prevent or reduce pollution to waters of the State.

Optional Measures are typically BMPs or control measures that are developed by the Tier A

permittee at its own discretion. The objective of Optional Measures is to encourage municipalities

to be proactive and creative in implementing strategies to bolster their MS4 stormwater program.

Optional Measures are required to be identified in the SPPP but failure to implement an Optional

Measure identified in the SPPP shall not be considered a violation of this NJPDES permit. See also

N.J.A.C. 7:14A-25.6(a) and (i). The 2018 Tier A MS4 Permit included a Refuse

Container/Dumpster Ordinance as a potential Optional Measure in permit section IV.E.2. This

permit renewal also includes this as an optional ordinance (renamed as Optional

Container/Dumpster Ordinance) in the Community-wide Ordinance permit Section IV.F.ix.

2. Additional Measures

The requirements for Additional Measures are retained from the 2018 Tier A MS4 permit and were

also included in the 2018 Tier B MS4 permit. Additional Measures are non-numeric (e.g., best

management practices) or numeric effluent limitations that are expressly required to be included in

a municipality’s MS4 stormwater program by a TMDL, a regional stormwater management plan,

other elements of an adopted areawide Water Quality Management Plan, or the adopted Statewide

Water Quality Management Plan. Additional Measures are allowable pursuant to N.J.A.C. 7:14A-

25.6(a) and (e).

Additional Measures are not required for any municipality at this time. In the event that the

Department determines that Additional Measures are appropriate, the Department will provide

written notice of the adoption of any Additional Measures to any affected municipality. The

Department will list each adopted Additional Measure in a minor modification to the permit since

the adoption process of the underlying plan (i.e., TMDL; regional stormwater management plan;

other elements of an adopted areawide Water Quality Management Plan; or adopted Statewide

Water Quality Management Plan) will have already provided opportunity for public comment. For

any required Additional Measures other than numeric effluent limitations, the required Additional

Measures will specify, according to the underlying plan, the best management practices that shall

be implemented, measurable goals and an implementation schedule.

J. Recordkeeping (Part IV.J)

The permittee shall retain copies of all records required to be kept by this permit. Records must be

available to the Department upon request. This permit requirement remains unchanged from both the

2018 Tier A and Tier B MS4 permits, therefore must be implemented for both existing and new Tier A

permittees at EDPA.

Annual Report and Certification (Part IV.K)

Per the 2018 Tier A and Tier B MS4 permits, permittees were required to submit an Annual Report

and Certification and Supplemental Questionnaire summarizing the status of compliance with the

conditions of this permit using the electronic format provided by the Department via the MSRP Annual

Report service accessed through the Regulatory Services Portal (https://nj.gov/dep/online/

). T

his

permit renewal retains this requirement for all Tier A permittees to continue to submit the Annual

Report and Certification and Supplemental Questionnaire, uploaded as an attachment to the Annual

Report. These reports are due for submission by May 1 annually and shall summarize the status of

compliance with the permit conditions for the subject year between January 1 and December 31. The

permittee’s Stormwater Program Coordinator is responsible for electronically certifying, signing, and

dating the Annual Report.

e permittee shall retain any records necessary to demonstrate compliance on-site for a period of at

least five years.

Both existing and new Tier A permittees must comply with this condition at EDPA.

As noted in Part II.B.3, Tier A Municipalities are required to comply with the NPDES Electronic Reporting

rule at 40 CFR Part 127. As noted at Part II.B.3, this Federal rule requires electronic submission of General

Permit Authorization requests (i.e., RFAs); general permit termination/revocation requests; and MS4

program reports by December 21, 2025. Since submission of the Annual Report occurs electronically as

required in Part IV.K, the requirements of this rule are satisfied with respect to Annual Reports prior to the

2025 deadline.

A complete copy of this subject permit renewal has been posted on the Division’s website at

https://www.nj.gov/dep/dwq/tier_a.htm . P

ublic notice procedures are described in the DEP Bulletin as well

as in the following newspapers:

tlantic City Press The Star Ledger The Times

If you have any questions regarding this permit action, you may address them with the subject line “2023

Tier A Public Comments” to stormwatermanager@dep.nj.gov at

the Bureau of NJPDES Stormwater

Permitting and Water Quality Management.

The following items are used to establish the basis of the Draft Permit:

1. Rules and Regulations (NPI):

8. Electronic Reporting Requirements

9. Description of Procedures for Reaching a Final Decision on the Draft Action

10. Contact Information

11. Contents of the Administrative Record

2. 33 U.S.C. 1251 et seq., Federal Water Pollution Control Act.

3. 16 U.S.C. § 471I, Section 502 of the National Parks and Recreation Act of 1978.

4. 42 U.S.C. § 300f, Part C of the Federal Safe Drinking Water Act (42 U.S.C. 300f et seq.).

5. 40 CFR Part 131, Federal Water Quality Standards.

6. 40 CFR Part 122, National Pollutant Discharge Elimination System.

7. 40 CFR Part 127, NPDES Electronic Reporting.

8. 40 CFR Part 130, Water Quality Planning and Management Regulations.

9. 40 CFR Part 144-148, Federal Underground Injection Control Program.

10. N.J.S.A. 58:10A-1 et seq., New Jersey Water Pollution Control Act.

11. N.J.S.A. 58:11-10, New Jersey Water Supply Management Act.

12. N.J.S.A. 40:55D-1, Municipal Land Use Law.

13. N.J.S.A. 13:18A-1 et seq., Pinelands Protection Act.

14. N.J.A.C. 2:90, Standards for Soil Erosion and Sediment Control in New Jersey.

15. N.J.A.C. 7:14A-1 et seq., New Jersey Pollutant Discharge Elimination System

Regulations.

16. N.J.A.C. 7:9B-1 et seq., New Jersey Surface Water Quality Standards.

17. N.J.A.C. 7:9C, New Jersey Ground Water Quality Standards.

18. N.J.A.C. 7:9D, Well Construction Maintenance and Sealing Rules.

19. N.J.A.C. 7:8, Stormwater Management Rules.

20. N.J.A.C. 7:13, Flood Hazard Area Control Act Rules.

21. N

.J.A.C. 7:14C, Sludge Quality Assurance Regulations.

22. N.J.A.C. 7:15, Statewide Water Quality Management Planning Rules.

23. N.J.A.C. 7:26C, Administrative Requirements for the Remediation of Contaminated

Sites.

24. N.J.A.C. 7:26E, Technical Requirements for Site Remediation.

25. N.J.A.C. 7:26G, Hazardous Waste Regulations.

26. N.J.A.C. 5:21, Residential Site Improvement Standards.

27. N.J.A.C. 7:26A, Recycling Regulations.

28. N.J.A.C. 7:26, Solid Waste Regulations.

29. N.J.A.C. 7:50, Pinelands Comprehensive Management Plan.

Guidance Documents / Reports (NPI):

1. Guidance documents as listed in the Notes and Definitions Section of Part IV.

2. MS4 Permit Improvement Guide, EPA 833-R-10-001.

3. 2000 and 2010 Decennial Census.

4. 2018/2020 New Jersey Integrated Water Quality Assessment Report (includes

Clean Water Act 303(d) List and 305(b) Report).

https://www.state.nj.us/dep/wms/bears/assessment-report20182020.html

5. Tier A and Tier B Municipal Stormwater Guidance Document, Bureau of NJPDES Stormwater

Permitting and Water Quality Management, 2021.

https://www.nj.gov/dep/dwq/tier_a_guidance.htm

6. New Jersey Stormwater Best Management Practices Manual, 2004, revised 2021.

https://nj.gov/dep/stormwater/bmp_manual2.htm

7. NPDES Permit Quality Review New Jersey, 2017.

NPDES Permit Quality Review for New Jersey-2017 (epa.gov)

8. How common road salts and organic additives alter freshwater food webs: in search of safer

alternatives - Schuler - 2017 - Journal of Applied Ecology - Wiley Online Library)

Permits / Applications:

1. 2018 Tier A Permit issued November 9, 2017 and effective January 1, 2018.

2. 2009 Tier A Permit issued March 1, 2009 and effective March 1, 2009.

3. 2005 Tier A Permit Modification, issued August 1, 2005 and effective September 1, 2005.

4. 2004 Tier A Permit issued February 2, 2004 and effective March 3, 2004.

Written Comments Received on the Tier A Preliminary Draft Permit:

1. Virginia Wong, Chief, Clean Water Regulatory Branch, Water Division - EPA Region 2, dated

March 31, 2022.

2. Diane Schrauth, Policy Director, New Jersey Future:

• April 2022 – Recommendations for Preliminary Draft Tier A Municipal Stormwater General

Permit Ahead of 2023 Renewal

• June 2021 – Recommendations for Tier A and B Municipal Stormwater General Permit

(2018) Ahead of 2023 Renewal

3. Lawrence Jacobs, Mayor, Bedminster Township, dated March 31, 2022.

4. Matthew Dorsi, Mayor, Longhill Township, dated March 28, 2022.

5. Christine Serrano Glassner, Mayor, Mendham Borough, dated April 6, 2022.

6. Marie Potter, Mayor, Randolph Township, dated March 30, 2022.

7. Michael Zichelli, Administrator, Glen Ridge Borough, dated April 1, 2022.

8. James Pittinger, Mayor, Lebanon Borough, dated March 28, 2022.

9. Joseph H. Alessi, Mayor, North Caldwell Borough, dated March 28, 2022.

10. Michael Serra, Mayor, Pompton Lakes Borough, dated March 29, 2022.

11. Matthew T. Murello, Mayor, Washington Township, dated March 31, 2022.

12. Jim Baldassare, Jr., Mayor, and Tom Timko, Township Engineer, Bernards Township, dated

April 6, 2022.

13. Lisa Mastropolo, Urban Stormwater Associate Director, American Rivers, dated April 1, 2022.

14. L. Stanton Hales, Jr., Director, Barnegat Bay Partnership, dated April 1, 2022.

15. Britta Forsberg, Executive Director, Save Barnegat Bay, dated April 15, 2022.

16. Michael L. Pisauro, Jr., Policy Director, The Watershed Institute, dated April 14, 2022. Document

includes these undersigned organizations:

• Lucia Ruggerio, American Littoral Society

• Jaclyn Rhoads, Pinelands Preservation Alliance

• Fred Stine, Delaware Riverkeeper Network

• Doug O’Malley, Environment New Jersey

• Bill Kibler, Raritan Headwaters Association

• Lori Charkey, Bergen SWAN

• Michele Langa, NY/NJ Baykeeper

• Laurie Howard, Passaic River Coalition

• Fred Akers, Great Egg Harbor Watershed Association

• Laura McBride, Deal Lake Watershed Alliance

• Heather Fenyk, Lower Raritan Watershed Partnership

• Alan Hunt, Musconetcong Watershed Association

• Faith Teitelbaum, Whale Pond Brook Watershed Association

• Elliot Rugga, Highlands Coalition

• Britta Forsberg, Save Barnegat Bay

17. William P. Minervini, concerned citizen, dated April 2, 2022.

18. Daniel Burke, City Engineer, New Brunswick City, via emails dated March 21 and March 25,

2022.

19. Kevin C. Rabago, Sr., Business Administrator, Bridgeton City, via email dated March 30, 2022.

20. Jason J. Santoro, Stormwater Program Coordinator, Ocean City, via email dated April 13, 2022.

21. T

homas H. Gant, Project Manager, Environmental & Technical Services Engineers &

Consultants, via email dated April 8, 2022.

22. Frank Russo, Township Engineer, Pequannock Township, via email dated April 1, 2022.

23. Andrew J. Filippi, Sewer Engineer, Princeton, via email dated April 1, 2022.

24. Tim O'Brien, Associate, Project Manager, Van Cleef Engineering, via email dated March 25,

2022.

25. John A. Feairheller, Jr., Assistant Supervisor of Public Works, West Wildwood Borough, via

email dated March 17, 2022.

Public Presentations an

d Outreach

1. MS4 Permit Renewal Discussion Session on August 25, 2021 (virtual)

2. MS4 Permit Renewal Discussion Session on August 26, 2021 (virtual)

3. MS4 Permit Renewal Discussion Session on August 31, 2021 (virtual)

4. Pre-draft Tier A General Permit Outreach Session on March 22, 2022 (virtual)

5. Pre-draft Tier A General Permit Outreach Session on March 24, 2022 (virtual)

6. Pre-draft Wood Waste and Recycling and Leaf Composting Outreach General Permit Outreach

Session on March 15, 2022 (virtual)

7. Pre-draft Wood Waste and Recycling and Leaf Composting Outreach General Permit Outreach

Session on March 17, 2022 (virtual)

All w

ebsites, New Jersey Register notices, and other documents cited in this Fact Sheet (but not listed

above) (NPI)

*NPI indicates that the document is not physically included in the administrative record.

The following is a list of acronyms used throughout this Fact Sheet:

Acronym

Meaning

BMP

Best Management Practices

CAFRA

Coastal Area Facility Review Act

CFR

Code of Federal Regulations

EDP

Effective Date of Permit

EDPA

Effective Date of Permit Authorization

EPA or USEPA

United States Environmental Protection Agency

Green Infrastructure

GPS

Global Positioning System

MMY

MS4

Municipal Maintenance Yards

Municipal Separate Storm Sewer System

MRF

Monitoring Report Forms

MSWMP

Municipal Stormwater Management Plan

N.J.A.C

New Jersey Administrative Code

NJPDES

New Jersey Pollutant Discharge Elimination System

N.J.R.

New Jersey Register

N.J.S.A.

New Jersey Statutes Annotated

NJSWQS

New Jersey Surface Water Quality Standards

NPDES

National Pollutant Discharge Elimination System

POTW

Publicly Owned Treatment Works

RFA

Request for Authorization

12. Listing of Acronyms

RSIS

Residential Site Improvement Standards

SBRs

Statewide Basic Requirements

SCO

SPPP

Stormwater Control Ordinance

Stormwater Pollution Prevention Plan

SWRPA

Special Waters Resource Protection Areas

TMDL

Total Maximum Daily Load

TSS

Total Suspended Solids

UIC

Underground Injection Control

WIP

Watershed Improvement Plan

WQM

Water Quality Management

New Jersey Department of Environmental Protection

NEW JERSEY POLLUTANT

ISCHARGE ELIMINATION SYSTEM

The New Jersey Department of Environmental Protection hereby grants you a NJPDES permit for the facility/activity named in this

document. This permit is the regulatory mechanism used by the Department to help ensure your discharge will not harm the

environment. By complying with the terms and conditions specified, you are assuming an important role in protecting New Jersey’s

valuable water resources. Your acceptance of this permit is an agreement to conform with all of its provisions when constructing,

installing, modifying, or operating any facility for the collection, treatment, or discharge of pollutants to waters of the state. If you

have any questions about this document, please feel free to contact the Department representative listed in the permit cover letter.

Your cooperation in helping us protect and safeguard our state’s environment is appreciated.

Permit Number: NJ0141852

DRAFT: Stormwater Discharge Master General Permit Renewal

Permittee:

Co-Permittee:

NJPDES Master General Permit

Program Interest Group R9

501 East State St

Trenton, NJ 08625

Property Owner:

Location Of Activity:

NJPDES Master General Permit

Program Interest Group R9

501 East State St

Trenton, NJ 08625

NJPDES Master General Permit

Program Interest Group R9

501 East State St

Trenton, NJ 08625

Authorization(s) Covered Under This Approval

Issuance Date

Effective Date

Expiration Date

R9 -MS4 - Tier A Municipal Stormwater (GP)

Pending

By Authority of: __________________________

Commissioner's Office Gabriel Mahon, Bureau Chief

Bureau of NJPDES Stormwater Permitting & Water Quality

Management

(Terms, conditions and provisions attached hereto)

Division of Watershed Protection & Restoration

Permit No. NJ0141852

Tier A Permit Renewal

Master Permit

PART I

GENERAL REQUIREMENTS:

NJPDES

A. General Requirements of all NJPDES Permits

1. Requirements Incorporated by Reference

a. The permittee shall comply with all conditions set forth in this permit and with all the applicable

requirements incorporated into this permit by reference. The permittee is required to comply with

the regulations, including those cited in paragraphs b. through e. following, which are in effect as

of the effective date of the final permit.

b. General Conditions

Penalties for Violations N.J.A.C. 7:14-8.1 et seq.

Incorporation by Reference N.J.A.C. 7:14A-2.3

Toxic Pollutants N.J.A.C. 7:14A-6.2(a)4i

Duty to Comply N.J.A.C. 7:14A-6.2(a)1 & 4

Duty to Mitigate N.J.A.C. 7:14A-6.2(a)5 & 11

Inspection and Entry N.J.A.C. 7:14A-2.11(e)

Enforcement Action N.J.A.C. 7:14A-2.9

Duty to Reapply N.J.A.C. 7:14A-4.2(e)3

Signatory Requirements for Applications and Reports N.J.A.C. 7:14A-4.9

Effect of Permit/Other Laws N.J.A.C. 7:14A-6.2(a)6 & 7 & 2.9(c)

Severability N.J.A.C. 7:14A-2.2

Administrative Continuation of Permits N.J.A.C. 7:14A-2.8

Permit Actions N.J.A.C. 7:14A-2.7(c)

Reopener Clause N.J.A.C. 7:14A-6.2(a)10

Permit Duration and Renewal N.J.A.C. 7:14A-2.7(a) & (b)

Consolidation of Permit Process N.J.A.C. 7:14A-15.5

Confidentiality N.J.A.C. 7:14A-18.2 & 2.11(g)

Fee Schedule N.J.A.C. 7:14A-3.1

Treatment Works Approval N.J.A.C. 7:14A-22 & 23

c. Operation And Maintenance

Need to Halt or Reduce not a Defense N.J.A.C. 7:14A-2.9(b)

Proper Operation and Maintenance N.J.A.C. 7:14A-6.12

d. Monitoring And Records

Monitoring N.J.A.C. 7:14A-6.5

Recordkeeping N.J.A.C. 7:14A-6.6

Signatory Requirements for Monitoring Reports N.J.A.C. 7:14A-6.9

e. Reporting Requirements

Planned Changes N.J.A.C. 7:14A-6.7

Reporting of Monitoring Results N.J.A.C. 7:14A-6.8

Noncompliance Reporting N.J.A.C. 7:14A-6.10 & 6.8(h)

Hotline/Two Hour & Twenty-four Hour Reporting N.J.A.C. 7:14A-6.10(c) & (d)

Written Reporting N.J.A.C. 7:14A-6.10(e) &(f) & 6.8(h)

Duty to Provide Information N.J.A.C. 7:14A-2.11, 6.2(a)14 & 18.1

Schedules of Compliance N.J.A.C. 7:14A-6.4

Transfer N.J.A.C. 7:14A-6.2(a)8 & 16.2

Permit No. NJ0141852

Tier A Permit Renewal

Master Permit

PART II

GENERAL REQUIREMENTS:

DISCHARGE CATEGORIES

A. Additional Requirements Incorporated by Reference

1. Additional Requirements

a. In addition to the requirements in Part I of this permit, the permittee is required to comply

with the following requirements which are in effect as of the effective date of the final permit.

i. The Stormwater Management rules at N.J.A.C. 7:8.

ii. Conditions for General Permits at N.J.A.C. 7:14A-6.13.

iii. Additional Conditions applicable to UIC permits at N.J.A.C. 7:14A-8.9, UIC Corrective

Action (N.J.A.C. 7:14A-8.11) and UIC Operating Criteria (N.J.A.C. 7:14A-8.16).

iv. Conditions for reopening and modification of small MS4 permits at N.J.A.C. 7:14A-

16.4(b)21 and N.J.A.C. 7:14A-25.7(b).

v. Requirements for Discharges to Ground Water at N.J.A.C. 7:14A-7.

vi. National Pollutant Discharge Elimination System (NPDES) Electronic Reporting rule at

40 CFR Part 127.

B. General Conditions

1. Notification of Non-Compliance

a. The permittee shall notify the Department of any non-compliance when required by N.J.A.C.

7:14A-6.10 by contacting the DEP Hotline at 1-877-WARN-DEP.

2. Discharge of Pollutants

a. For discharges authorized by this permit, the permittee is exempt from N.J.A.C. 7:14A-

6.2(a)2. This exemption means that the discharge of any pollutant not specifically regulated

in this NJPDES permit or listed and quantified in the RFA shall not constitute a violation of

the permit.

3. Standard Reporting Requirements – Electronic Reporting of NJPDES Information

a. The following documents and reports shall be electronically submitted via the Department’s

designated electronic submission service:

i. General permit authorization requests (i.e., RFAs);

ii. General permit termination/revocation requests; and

Permit No. NJ0141852

Tier A Permit Renewal

Master Permit

iii. Municipal separate storm sewer system (MS4) program reports (see Part IV.K).

4. Other Regulatory Requirements

a. Permit conditions remain in effect and enforceable until and unless the permit is modified,

renewed, or revoked by the Department.

b. The issuance of this permit shall not be considered as a waiver of any applicable federal,

State, or local rules, regulations, and ordinances.

c. In accordance with N.J.A.C. 7:14A-6.2(a)7, this permit does not authorize any infringement

of State or local law or regulations, including, but not limited to, N.J.A.C. 7:50 (the Pinelands

rules), N.J.A.C. 7:1-E (Discharges of Petroleum and other Hazardous Substances),

regulations concerning threatened and endangered species and their designated critical

habitat, and other Department rules. No discharge of hazardous substances (as defined in

N.J.A.C. 7:1E-1.6) resulting from an onsite spill shall be deemed to be “pursuant to and in

compliance with this permit” within the meaning of the Spill Compensation and Control Act

at N.J.S.A. 58:10-23.11c.

d. While the permittee is required to comply with applicable operation and maintenance

requirements of N.J.A.C. 7:14A-6.12(a), the permittee is exempt from the operations and

maintenance manual requirements of N.J.A.C. 7:14A-6.12(c). This exemption applies only to

discharges authorized under this permit and does not alter the operation and maintenance

requirements for municipally or privately-owned stormwater facilities specified in this permit

or N.J.A.C. 7:8.

C. Eligibility

1. Permit Scope

a. This permit applies to all municipalities assigned to Tier A under N.J.A.C. 7:14A-25.3(a)1.

b. This permit applies to the owner or operator of the Municipal Separate Storm Sewer System

(MS4) meaning the permittee. The owner or operator is responsible for ensuring compliance

with this permit.

2. Authorized Discharges

a. Authorized Stormwater Discharges – Except as provided in Part II.C.3 below, this permit

authorizes all new and existing stormwater discharges to surface water and groundwater

from:

i. Small MS4s (as defined at N.J.A.C. 7:14A-1.2) owned or operated by the permittee; and

ii. Municipal maintenance yards and other ancillary operations, excluding wood waste

recycling and leaf composting operations, owned or operated by the permittee. (See

definition of “municipal maintenance yards and other ancillary operations” in Part IV,

Notes and Definitions).

b. Authorized Non-Stormwater Discharges – Except as identified in Part II.C.3.e below, the

following new and existing non-stormwater discharges from small MS4s owned or operated

Permit No. NJ0141852

Tier A Permit Renewal

Master Permit

by the permittee and from municipal maintenance yards and other ancillary operations owned

or operated by the permittee are authorized under this permit:

i. Potable water line flushing and discharges from potable water sources, excluding the

discharge of filter backwash and first flush water from potable well

development/redevelopment activities utilizing chemicals in accordance with N.J.A.C.

7:9D. The volume of first flush water, which is a minimum of three times the volume of

the well water column, shall be handled and disposed of properly;

ii. Uncontaminated ground water (e.g., infiltration, crawl space or basement sump pumps,

foundation or footing drains, rising ground waters);

iii. Air conditioning condensate (excluding contact and non-contact cooling water; and

industrial refrigerant condensate);

iv. Irrigation water (including landscape and lawn watering runoff);

v. Flows from springs, riparian habitats, wetlands, water reservoir discharges and diverted

stream flows;

vi. Residential car washing water; and dechlorinated swimming pool discharges from single

family residential homes;

vii. Sidewalk, driveway, and street wash water;

viii. Flows from firefighting activities including the washing of fire fighting vehicles;

ix. Flows from clean water rinsing of beach maintenance equipment immediately following

use and only if the equipment is used for its intended purpose;

x. Flows from clean water rinsing of equipment and vehicles used in the application of salt

and de-icing materials. Prior to rinsing, all equipment shall be cleaned using dry methods

such as shoveling and sweeping. Recovered materials are to be returned to storage or

properly discarded; and

xi. Rinsing of equipment in Part II.C.2.b.ix and x, above is limited to exterior, undercarriage,

and exposed parts and does not apply to engines or other enclosed machinery.

3. Discharges Not Authorized

a. This permit does not authorize “stormwater discharge associated with industrial activity” as

defined in N.J.A.C. 7:14A-1.2 except as otherwise specifically provided in this permit:

i. Types of facilities that the permittee might operate and that are considered to be engaging

in “industrial activity” include but are not limited to certain: 1) landfills; 2) transportation

facilities (including certain local passenger transit and air transportation facilities); 3)

facilities handling domestic sewage or sewage sludge; 4) steam electric power generating

facilities; and 5) facilities processing and/or composting recyclable materials as defined

in N.J.A.C. 7:26A (Recycling Rules) including wood waste recycling and leaf

composting facilities; and

Permit No. NJ0141852

Tier A Permit Renewal

Master Permit

ii. Any permittee that operates an industrial facility with such a discharge must submit a

separate Request for Authorization (RFA) or individual permit application for that

discharge. An RFA submitted for this permit does not qualify as an RFA for such a

discharge.

b. This permit does not authorize “stormwater discharges associated with construction activity”

as described in N.J.A.C. 7:14A-24.10(a) which is defined as the discharge to surface water of

stormwater from construction activity that disturbs at least one acre:

i. Any permittee that operates a construction site with such a discharge shall submit a

separate RFA under NJPDES Permit No. NJ0088323 (General Stormwater Permit

Construction Activity, see www.nj.gov/dep/dwq/5g3.htm), or an application for an

individual permit for that discharge (see www.nj.gov/dep/dwq/bnpc_home.htm). An RFA

submitted for this permit does not qualify as an RFA for such a discharge (see Part

IV.B.3).

c. This permit does not authorize any stormwater discharge that is authorized under another

NJPDES permit. The permittee does not have to implement measures contained in this

NJPDES permit for stormwater discharges at facilities owned or operated by that permittee

that are regulated under a separate NJPDES stormwater permit authorizing those discharges.

d. This permit does not authorize stormwater discharges from projects or activities that conflict

with an adopted Areawide Water Quality Management Plan.

e. This permit does not authorize stormwater discharges listed in Part II.C.2.b above that are

determined to be a significant contributor of pollutants to or from the MS4, which must be

addressed as an illicit connection as specified in Part IV.G.3 of this permit, or as an improper

disposal of waste.

4. Exclusions

a. Any owner, operator, and/or discharger authorized by this general permit may request to be

excluded from the coverage of the general NJPDES permit by applying for an individual

permit. The owner, operator, and/or discharger shall submit an application in accordance with

N.J.A.C. 7:14A-4, with reasons supporting the request, to the NJDEP. The request shall be

processed under N.J.A.C. 7:14A-15, 16 and 17. The request shall be granted by the issuance

of an individual permit if the reasons cited by the owner, operator and/or discharger are

adequate to support the request.

b. An owner, operator, and/or discharger excluded from this general NJPDES permit solely

because of an existing individual permit may request that the individual permit be revoked or

modified, as appropriate, and that the discharge be authorized by the general NJPDES permit.

Upon revocation or modification of the individual permit, the permittee shall be authorized

under the general permit.

D. Administrative Process

1. Automatic Renewal of Authorizations

Permit No. NJ0141852

Tier A Permit Renewal

Master Permit

a. Upon reissuance of this general permit, existing authorizations shall be automatically

renewed as provided by N.J.A.C. 7:14A-6.13(d)9 and 25.4(a)3 using the information

provided in the permittee’s most recently submitted RFA.

2. Notification of Changes

a. The permittee shall provide an updated RFA to the Department within 90 days of the

effective date of a renewed authorization under this general permit if any information in its

most recently submitted RFA is no longer true, accurate, and/or complete.

b. The permittee shall notify the Department of any changes of its Municipal Stormwater

Program Coordinator information as specified in Part IV.A.1.e.

3. Requests for Authorization

a. A single RFA is required for the entire eligible discharge from the small MS4 owned or

operated by, and located within, a single municipality. Multiple RFAs are not required for

multiple municipal operations (e.g., municipally owned and operated maintenance yards or

other ancillary operations), however these municipal operations shall be included in the RFA

as applicable.

b. An RFA under this general permit shall include the following: A completed Checklist and

Request for MS4 Stormwater Permits (located at https://nj.gov/dep/dwq/forms_storm.htm)

and any other information as required by the Department.

c. Upon receipt of an RFA the Department may, in accordance with N.J.A.C. 7:14A-6.13, do

one of the following:

i. Issue notification of authorization under this permit;

ii. Deny authorization under this permit and require submittal of an application for an

individual permit; or

iii. Deny authorization under this permit and require submittal of an RFA for another

general permit.

d. The Department may notify a person that the discharge is authorized by a general permit,

even if the person has not submitted an RFA. A person so notified may nonetheless request

an individual permit under C.4 above.

Permit No. NJ0141852

Tier A Permit Renewal

Master Permit

PART III

Recordkeeping and Reporting

The permittee shall keep records necessary to document the status of compliance with the conditions of

this permit. The requirement to keep records and to submit an Annual Report and Certification is found at

Part IV.J and K of this permit, respectively.

Permit No. NJ0141852

Tier A Permit Renewal

Master Permit

PART IV

SPECIFIC REQUIREMENTS: NARRATIVE

Notes and Definitions

A. Footnotes

1. Acronyms

a. Stormwater acronyms included in this permit are as follows:

i. "BMP" - Best Management Practice

ii. "CFR" - Code of Federal Regulations

iii. "EDPA" - Effective Date of Permit Authorization

iv. “GI” - Green Infrastructure

v. “MMY” – Municipal Maintenance Yard

vi. "MS4" - Municipal Separate Storm Sewer System

vii. "MSWMP" - Municipal Stormwater Management Plan

viii. "MSRP" - Municipal Stormwater Regulation Program

ix. "MTD" - Manufactured Treatment Device

x. "N.J.A.C." - New Jersey Administrative Code

xi. "NJPDES" - New Jersey Pollutant Discharge Elimination System

xii. "N.J.S.A." - New Jersey Statutes Annotated

xiii. "RSIS" - Residential Site Improvement Standards

xiv. “SPC” – Stormwater Program Coordinator

xv. "SPPP" - Stormwater Pollution Prevention Plan

xvi. "TMDL" - Total Maximum Daily Load

2. Internal Cross References

a. For the purposes of this permit:

i. References to Part IV Notes and Definitions are preceded with the words "Notes and

Definitions" (e.g., Notes and Definitions Part IV.A.1 refers to Acronyms).

ii. References to Part IV Tier A MS4 NJPDES Permit are not preceded by descriptive text

(e.g., Part IV.A.1 refers to Stormwater Program Requirements).

3. MS4 Tier A Permit Resources

a. The MS4 Tier A webpage (www.nj.gov/dep/dwq/tier_a.htm

) has links to guidance and

related stormwater resources including, but not limited to, the following:

i. Tier A Permit and Supporting Documents;

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ii. Tier A Guidance Document;

iii. SPPP Template;

iv. Model Ordinances;

v. Sample MSWMP;

vi. Outfall Inspection, Illicit Connection Inspection, and Stream Scouring Forms;

vii. Annual Report Online Submittal Links and Tutorials;

viii. MS4 Case Manager List;

ix. Stormwater Coordinator Contact Update Form;

x. Total Maximum Daily Load (TMDL) Look-up Tool;

xi. Snow Removal and Disposal Policy;

xii. Stormwater Training;

xiii. Clean Water NJ;

xiv. Outreach Materials;

xv. MSRP Archive; and

xvi. MS4 Mapping and Inventory Assistance.

b. Stormwater Management website (www.njstormwater.org/

) and related documents:

i. Stormwater Management Rules N.J.A.C. 7:8;

ii. Stormwater management information and training tools;

iii. New Jersey Stormwater Best Management Manual; and

iv. Green Infrastructure and related links.

c. Construction Site Stormwater Runoff: www.nj.gov/dep/dwq/5g3.htm

d. Clean Communities, a statewide litter abatement program: www.njclean.org

4. EPA Resources for Guidance Relating to MS4 Issues

a. EPA's MS4 website and related links:

www.epa.gov/npdes/stormwater-discharges-municipal-sources

b. EPA’s National Menu of Stormwater Best Management Practices:

www.epa.gov/npdes/national-menu-best-management-practices-bmps-stormwater

c. EPA's guidance for Green Infrastructure: www.epa.gov/green-infrastructure

d. EPA's Trash Free Waters resource page: www.epa.gov/trash-free-waters

e. Illicit Discharge Detection and Elimination Guidance:

https://www3.epa.gov/npdes/pubs/idde_manualwithappendices.pdf

Permit No. NJ0141852

Tier A Permit Renewal

Master Permit

B. Definitions

1. Definitions

a. All words and terms used in this permit shall have meanings as defined in the

"Regulations Concerning the New Jersey Pollutant Discharge Elimination System"

(N.J.A.C. 7:14A), unless otherwise stated or unless the context clearly requires a different

meaning.

i. "Catch Basin" means a cistern, vault, chamber or well that is typically built along

a street and below an inlet grate as part of the storm sewer system that is

designed to capture and retain sediment, debris, and pollutants so those particles

do pass on to the stormwater sewer system.

ii. "Effective Date of Permit Authorization" means the date the permittee's

authorization to discharge under this permit becomes effective. This date may be

found on the permittee's Authorization to Discharge page.

iii. "Existing permittee" means a permittee that held an authorization to discharge

under the Tier A MS4 permit the day before the effective date of this permit.

iv. "Green infrastructure" (N.J.A.C. 7:8) means a stormwater management measure

that manages stormwater close to its source by: 1. Treating stormwater runoff

through infiltration into subsoil; 2. Treating stormwater runoff through filtration

by vegetation or soil; or 3. Storing stormwater runoff for reuse.

v. “Ground water discharge point” means the lowest invert elevation of any

stormwater facility where stormwater discharges into the surficial ground water

aquifer.

vi. "Illicit connection" means any physical or non-physical connection that

discharges the following to a municipal separate storm sewer system (unless that

discharge is authorized under a NJPDES permit other than the NJPDES permit

for discharges from that system): 1. Domestic sewage; 2. Non-contact cooling

water, process wastewater, or other industrial waste (other than stormwater); or 3.

Any category of non-stormwater discharges that a permittee for the MS4

identifies as a source or significant contributor of pollutants pursuant to 40

C.F.R. 122.26(d)(2)(iv)(B)(1) or 122.34(b)(3)(iii).

vii. "Maintenance plan" means a maintenance plan pursuant to N.J.A.C. 7:8-5.2(b)

and 5.8 prepared by the design engineer for the stormwater management

measures incorporated into the design of a major development.

viii. "Major development" means an individual “development,” as well as multiple

developments that are one or more acres of land, one-quarter acre of impervious

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surface, or one-quarter acre or more regulated motor vehicle surface. The

development or developments also qualify as a major development when there is

a combination of impervious surfaces and motor vehicle surfaces that equal to

one-quarter or more acres as defined in N.J.A.C. 7:8.

ix. “Manufactured treatment device" means a pre-fabricated stormwater treatment

structure utilizing settling, filtration, absorptive/adsorptive materials, vortex

separation, vegetative components, and/or other appropriate technology to

remove pollutants from stormwater runoff.

x. “MS4 interconnection” means any point at which an MS4 flows into or from

another MS4.

xi. “Municipal maintenance yard and ancillary operation” means a municipally

owned or operated maintenance and storage yard, including but not limited to,

fleet or maintenance shop with outdoor storage areas, impound yard, permanent

and mobile fueling location, salt/sand storage location, and snow disposal area.

xii. "Municipal separate storm sewer" (or MS4 conveyance) means a conveyance or

system of conveyances (including roads with drainage systems, municipal streets,

catch basins, curbs, gutters, ditches, manmade channels, or storm drains) as

defined in more detail at N.J.A.C. 7:14A-1.2.

xiii. "Municipality" means a municipality as defined in the Municipal Land Use Law

at N.J.S.A. 40:55D-5, that is, any city, borough, town, township, or village.

xiv. "New permittee" means a permittee that obtains its first authorization to

discharge under this permit on or after the effective date of this permit.

xv. “Outfall” means any point source which discharges directly to waters of the

United States and does not include open conveyances connecting two municipal

separate storm sewers, or pipes, tunnels or other conveyances which connect

segments of the same stream or other waters of the United States and are used to

convey waters of the United States.

xvi. "Permanent structure" means a permanent building or permanent structure that is

anchored to a permanent foundation with an impermeable floor, and that is

completely roofed and walled (new structures require a door or other means of

sealing the access way from wind driven rainfall).

A fabric frame structure is a permanent structure if it meets the following

specifications:

1. Concrete blocks, jersey barriers or other similar material shall be placed

around the interior of the structure to protect the side walls during loading

and unloading of de-icing materials;

2. The design shall prevent stormwater run-on and run through, and the

fabric cannot leak;

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3. The structure shall be erected on an impermeable slab;

4. The structure cannot be open sided; and

5. The structure shall have a roll up door or other means of sealing the

access way from wind driven rainfall.

xvii. “Point source” means any discernible, confined, and discrete conveyance,

including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well,

discrete fissure, container, rolling stock, concentrated animal feeding operation,

landfill leachate collection system, vessel, or other floating craft, from which

pollutants are or may be discharged. This term does not include return flows from

irrigated agriculture.

xviii. "Small MS4" means all municipal separate storm sewers (other than "large" or

"medium" municipal separate storm sewer systems as defined in N.J.A.C. 7:14A-

1.2) that are:

1. Owned or operated by municipalities described under N.J.A.C. 7:14A-

25.1(b);

2. Owned or operated by county, State, interstate, or Federal agencies, and

located at public complexes as described under N.J.A.C. 7:14A-25.2(a)2;

3. Owned or operated by county, State, interstate, or Federal agencies, and

located at highways and other thoroughfares as described under N.J.A.C.

7:14A-25.2(a)3; or

4. Owned or operated by county, State, interstate, Federal, or other agencies,

and receive special designation under N.J.A.C. 7:14A-25.2(a)4.

xix. "Solid and floatable materials" means sediment, debris, trash, and other floating,

suspended, or settleable solids.

xx. "Storm drain inlet" means the point of entry into the storm sewer system.

xxi. "Stormwater" means water resulting from precipitation (including rain and snow)

that runs off the land's surface; is transmitted to the subsurface; is captured by

separate storm sewers or other sewerage or drainage facilities; or is conveyed by

snow removal equipment.

xxii. "Stormwater facility" means stormwater infrastructure including, but not limited

to, catch basins, infiltration basins, detention basins, green infrastructure, filter

strips, riparian buffers, infiltration trenches, sand filters, constructed wetlands,

wet basins, bioretention systems, low flow bypasses, and stormwater

conveyances.

xxiii. "Stormwater management measure" (N.J.A.C. 7:8-1.2) means any practice,

technology, process, program, or other method intended to control or reduce

stormwater runoff and associated pollutants, or to induce or control the

infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal

non-stormwater discharges into stormwater conveyances.

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xxiv. "Stream scouring" means the erosion or removal of streambed or bank material

by the physical action of flowing water and the sediment that it carries.

xxv. “Total maximum daily load” or “TMDL” means a total maximum daily load

formally established pursuant to Section 7 of the Water Quality Planning Act

(N.J.S.A. 58:11A-7) and Section 303(d) of the Clean Water Act, 33 U.S.C.

§§12512 et seq. A TMDL is the sum of individual wasteload allocations for point

sources, load allocations for nonpoint sources of pollution, other sources such as

tributaries or adjacent segments, and allocations to a reserve or margin of safety

for an individual pollutant.

xxvi. “Wasteload allocation” means the portion of a receiving water's total maximum

daily load for a specific pollutant that is allocated to one of its existing or future

point sources of pollution. WLAs constitute a type of water quality-based

effluent limitation.

xxvii. “Waters of the State” means the ocean and its estuaries, all springs, streams and

bodies of surface or ground water, whether natural or artificial, within the

boundaries of the State of New Jersey or subject to its jurisdiction.

xxviii. "Wood waste" means source separated whole trees, tree trunks, tree parts, tree

stumps, brush, and lumber (non-chemically treated, glued, dyed, or painted).

xxix. "Yard trimmings" (N.J.A.C. 7:26A-1.3) means grass clippings, leaves, wood

chips from tree parts, and brush.

xxx. "Yard waste" means loose leaves and grass clippings.

Permit No. NJ0141852

Tier A Permit Renewal

Master Permit

Tier A Municipal Stormwater General Permit

A. Stormwater Management Program

1. Stormwater Program Requirements

a. The permittee shall develop, update, implement and enforce an MS4 stormwater program. A

primary objective of the MS4 stormwater program shall be to implement best management

practices and other measures that are designed to reduce the discharge of pollutants from the

permittee’s MS4, municipal maintenance yards and other ancillary operations, to the

maximum extent practicable pursuant to N.J.A.C. 7:14A-25.6(a)1 and 40 CFR 122.34(a), to

protect water quality, and to satisfy the applicable water quality requirements of the Clean

Water Act.

b. The permittee shall modify and update its MS4 stormwater program (including applicable

plans and ordinances) to conform with applicable new legislation or new or amended

regulations. Such modification and update shall be completed and effective within 12 months

of written notification by the Department of the need for modification and update.

c. The permittee shall develop, update, implement and maintain a written Stormwater Pollution

Prevention Plan (SPPP) that documents the permittee’s MS4 stormwater program and

describes the measures necessary for compliance with all permit conditions.

d. A principal executive officer or a ranking elected official shall designate a duly authorized

Stormwater Program Coordinator (SPC) who has the knowledge to manage the

implementation and compliance of the permittee’s MS4 stormwater program and shall be

responsible for the following:

i. Coordinating the permittee’s implementation of its MS4 stormwater program, permit

conditions, and SPPP;

ii. Signing and dating the SPPP; and

iii. The completion and submittal of the Municipal Stormwater Regulation Program

(MSRP) Annual Report, consistent with Part IV.K.

e. The permittee shall notify the Department of any designated SPC change within thirty (30)

days of the change through the completion of a NJPDES Contact Information Update Form,

which can be found on the MS4 Tier A webpage, or through the online MSRP Annual Report

submission. See Part IV.K.

f. The MS4 stormwater program and the SPPP shall be consistent with the Municipal

Stormwater Management Plan (MSWMP). The MSWMP is also a component of the

municipal master plan (N.J.S.A. 40:55D-94). The MSWMP describes the municipality’s

strategy, structure, and process for addressing stormwater runoff from new development and

redevelopment to ensure compliance with the Stormwater Management rules (N.J.A.C. 7:8).

Permit No. NJ0141852

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This strategy, structure and process also constitutes much of the post construction stormwater

management program in this permit. See Part IV.B.4.

2. Stormwater Pollution Prevention Plan (SPPP) Requirements

a. The permittee shall include in the SPPP, at a minimum, information that:

i. Identifies the person designated as the SPC per Part IV.A.1.d above, and the

members of the SPPP Team, which is comprised of the person(s) responsible for

implementing or coordinating the stormwater program activities;

ii. Describes the measures the permittee has established to ensure compliance with all

components of this permit with details regarding how each element of the stormwater

program is implemented. The permittee shall tailor their SPPP to describe the

specific measures applicable to their municipality;

iii. Identifies each individual municipal maintenance yard and ancillary operation,

including the site-specific details of each yard or ancillary operation. At a minimum,

the SPPP for permittees with multiple yards must include individual forms for each

yard or ancillary operation, as well as any other site specific SPPP Forms for each

yard or ancillary operation, where applicable;

iv. Documents all shared or contracted services as allowed under Part IV.A.3, below;

v. Notes the location of all records/documentation required by this permit; and

vi. Reflects the measurable goals, implementation schedules, recordkeeping, and other

requirements of this permit.

b. The permittee’s SPPP shall be submitted electronically to the Department by Existing

Permittees on or before EDPA + 3 months and by New Permittees on or before EDPA + 12

months. The SPPP shall also be posted on the permittee’s dedicated stormwater webpage

(See Part IV.B.2).

c. The permittee shall review the SPPP at least annually and update it as often as necessary to

reflect changes related to the permittee’s MS4 stormwater program. Any amendments to the

SPPP:

i. Shall continue to meet the requirements of this permit;

ii. Shall be incorporated into the SPPP and recorded on the SPPP revisions page;

iii. Shall be signed and dated by the SPC; and

iv. Shall be submitted electronically to the Department within thirty (30) days of the

amendments.

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d. The permittee shall amend the SPPP to adequately address any deficiencies identified by the

Department within thirty (30) days of notice, unless otherwise specified by the Department.

3. Implementation of SPPP Conditions through Shared or Contracted Services

a. The permittee may rely on another entity (e.g., governmental, stormwater utility, private, or

nonprofit organization such as a watershed association) to satisfy one or more of the permit

conditions, or component thereof, through the implementation of best management practices

or control measures, provided that:

i. The other entity implements best management practice(s), control measure(s), or

component(s) thereof, which are at least as stringent and as frequent as the

corresponding permit requirement;

ii. The other entity agrees in writing or is required by law to implement the measure(s),

or component(s) thereof, in such a manner that complies with the permit on the

permittee’s behalf; and

iii. The permittee specifies in its SPPP (1) which permit conditions will be implemented

by another entity and (2) the name of the responsible entity.

b. The permittee is responsible for compliance with this permit if the other entity fails to

implement the measure(s) or component(s), thereof.

B. Minimum Standards for Public Involvement and Participation Including

Public Notice

1. Public Involvement and Participation Including Public Notice

a. The permittee shall comply with applicable State and local public notice requirements when

providing for public participation in the development and implementation of the MS4

stormwater program. Requirements include, but are not limited to:

i. The Open Public Meetings Act (“Sunshine Law,” N.J.S.A. 10:4-6 et seq.);

ii. Statutory procedures for the enactment of ordinances (N.J.S.A. 40:49-2); and

iii. The Municipal Land Use Law concerning the adoption or amendment of the

MSWMP (N.J.S.A. 40:55D-13, 28 and 94), and the review of applications for

development (N.J.S.A. 40:55D-12).

b. The permittee shall maintain records necessary to demonstrate compliance with the public

participation requirements of a, above.

c. All permittees shall comply with this requirement on EDPA.

Permit No. NJ0141852

Tier A Permit Renewal

Master Permit

2. Municipal Stormwater Webpage

a. The permittee shall develop and maintain a dedicated stormwater webpage on its municipal

website (see example stormwater webpage at

www.nj.gov/dep/dwq/msrp_outreach_material.htm

). This webpage shall at a minimum,

make elements of the permittee’s MS4 stormwater program available to the public by

providing links to the latest version of each of the following:

i. Stormwater Pollution Prevention Plan (SPPP) (excluding inspection logs and other

recordkeeping documents);

ii. Municipal Stormwater Management Plan (MSWMP);

iii. Stormwater Control Ordinance (SCO);

iv. Pet Waste Ordinance;

v. Wildlife Feeding Ordinance;

vi. Litter Control Ordinance;

vii. Improper Disposal of Waste Ordinance;

viii. Containerized Yard Waste/Yard Waste Collection Program Ordinances;

ix. Private Storm Drain Inlet Retrofitting Ordinance;

x. Illicit Connection Ordinance;

xi. Tree Removal/Replacement Ordinance (due on or before EDPA + 12 months as per

Part IV.F);

xii. Privately-Owned Salt Storage Ordinance (due on or before EDPA + 12 months as per

Part IV.F);

xiii. MS4 Outfall Pipe Map;

xiv. MS4 Infrastructure Map (due on or before EDPA + 36 months as per Part IV.G); and

xv. Watershed Improvement Plan (due in accordance with the phases identified in Part

IV.H).

b. The permittee shall develop a dedicated stormwater webpage on its municipal website that

contains links to the minimum elements in a. above on or before EDPA + 3 months for

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existing permittees, and EDPA + 12 months for new permittees, unless a later date is

specified above.

C. Minimum Standards for Local Public Education and Outreach

1. Local Public Education and Outreach

a. The permittee shall implement a Public Education and Outreach Program that focuses on

educational and pollution prevention activities about the impacts of stormwater discharges on

surface water and ground water and involves the public in reducing pollutants in stormwater

and mitigating flow. The permittee shall:

i. Annually conduct activities that total at least 12 points and include activities from at

least three of the five categories as set forth in Attachment A;

ii. At a minimum, at least one of the activities shall involve educating businesses and

the general public of hazards associated with illicit connections and improper

disposal of waste; and

iii. Keep records necessary to demonstrate compliance, including date of activities and

any other relevant documentation.

b. All permittees shall comply with this requirement on EDPA.

D. Minimum Standards for Construction Site Stormwater Runoff

1. Construction Site Stormwater Runoff

a. Construction site stormwater runoff activities are authorized under a separate NJPDES

permit, which is typically the Construction Activity NJPDES Stormwater General Permit No.

NJ0088323 pursuant to N.J.A.C. 7:14A-25.6(b)2, or an individual permit pursuant to

N.J.A.C. 7:14A-24.7(a)2. See Part II.C.3.b and

www.nj.gov/dep/dwq/5g3.htm

b. Pursuant to N.J.A.C. 7:14A-25.7(b), the permittee is not required to reference construction

site stormwater runoff control in its SPPP.

c. All permittees shall comply with this requirement on EDPA.

E. Minimum Standards for Post Construction Stormwater Management in

New Development and Redevelopment

1. Stormwater Management Program to Address Post Construction Stormwater Management

in New Development and Redevelopment

Permit No. NJ0141852

Tier A Permit Renewal

Master Permit

a. The permittee shall develop, update, implement and enforce its stormwater management

program to address post construction stormwater runoff in new development and

redevelopment and to ensure compliance with the Stormwater Management rules at N.J.A.C.

7:8.

b. The post construction stormwater management program established by the permittee shall

address stormwater runoff from “major development” as defined in the Stormwater

Management rules at N.J.A.C. 7:8 unless any additional development is defined as “major

development” by the permittee’s Stormwater Control Ordinance.

c. The post construction stormwater management program established by the permittee shall

require compliance with the applicable design, performance and maintenance standards

established under N.J.A.C. 7:8 for “major development”.

d. The permittee shall review and analyze development plans for compliance with N.J.A.C. 7:8

and the permittee’s SCO or RSIS as applicable, even if a permit is required by the

Department for the same or similar activity (e.g., a Land Use permit).

e. The permittee shall ensure that “major development” projects are constructed in accordance

with the approved development plans.

f. The permittee’s review engineer for compliance with N.J.A.C. 7:8 shall be independent from

the design engineer, shall not have been involved in the design of the development plans, and

shall have completed the Department’s Stormwater Management Design Review Course

within the last 5 years and the Stormwater Management Rule Amendment Training, as per

Part IV.F.8 and 9.

g. The permittee shall ensure that the post construction stormwater management program

requires that any residential development and redevelopment projects that are subject to the

Residential Site Improvement Standards (RSIS) for stormwater management (N.J.A.C. 5:21-

7) comply with those standards, including any exception, waiver, or special area standard that

was approved under N.J.A.C. 5:21.

h. The permittee shall include each approved major development on the Major Development

Project List and submit the Major Development Project List to the Department annually with

the MSRP Annual Report.

i. The Stormwater Management rules (N.J.A.C. 7:8) and the Residential Site Improvement

Standards for stormwater management (N.J.A.C. 5:21-7), independently and as implemented

in this permit, apply to all areas of the municipality.

j. All permittees shall comply with this requirement on EDPA.

2. Municipal Stormwater Management Plan (MSWMP)

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Tier A Permit Renewal

Master Permit

a. The permittee shall adopt, amend, and implement a written MSWMP, pursuant to N.J.A.C.

7:8, to describe the framework of the permittee’s strategy, structure, and process for its post

construction stormwater management program according to the following:

i. Conduct a reexamination of its MSWMP as part of the reexamination of its municipal

master plan in accordance with N.J.A.C. 7:8-4.3(c) and (d), at least every 10 years, or

more often as necessary to reflect changes related to the permittee’s stormwater

management program (e.g., if required due to amendments to the Stormwater

Management rules at N.J.A.C. 7:8);

ii. Submit the adopted MSWMP to the county review agency for review and approval at

least 20 days prior to public hearing pursuant to the requirements at N.J.A.C. 7:8-4.4.

This includes MSWMP reexaminations without change;

iii. Electronically submit the county approved MSWMP and any amendments to the

Department within thirty (30) days of the effective date of the plan;

iv. Post the county approved MSWMP and any amendments on the permittee’s website

(see Part IV.B.2) within thirty (30) days of the effective date of the plan; and

The date on the MSWMP shall reflect the most recent reexamination/revision date

approved by the county review agency.

3. Municipal Stormwater Control Ordinance (SCO)

a. The permittee shall develop, adopt, amend, implement, and enforce a municipal SCO (see

example at www.nj.gov/dep/dwq/example_ordinance.htm

) in accordance with N.J.A.C. 7:8,

which shall, at a minimum:

i. Control aspects of residential development and redevelopment projects that are not

pre-empted by the RSIS;

ii. Control stormwater from non-residential development and redevelopment projects, in

accordance with the requirements at N.J.A.C. 7:8; and

iii. Set forth special area standards approved by the Site Improvement Advisory Board

for residential development or redevelopment projects under N.J.A.C. 5:21-3.5.

b. Additional requirements of the SCO include:

i. Submit SCO to permittee’s county planning board for approval.

ii. If all or part of the municipality is located within the Pinelands, the SCO for that

portion of the municipality must follow the Pinelands model SCO and be

approved by the Pinelands Commission.

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4. Mitigation Plan

a. The permittee shall only grant a variance from the design and performance standards for

stormwater management measures if the permittee has a mitigation plan included in an

approved MSWMP and SCO(s) which meets the following requirements:

i. The mitigation plan shall identify measures that are necessary to offset the deficit

created by granting the variance. The mitigation plan must satisfy the criteria in the

Stormwater Management rules at N.J.A.C. 7:8-4.2(c)11 and 4.6. (See Chapter 3 of

the NJ Stormwater BMP Manual at https://www.njstormwater.org

for guidance); and

ii. The permittee submits, within (30) days after approving a variance, a written report

to the county review agency and to the Department via email (

dwq-bnpc-

stormwatermanag[email protected]) describing the variance and the required

mitigation in accordance with N.J.A.C. 7:8-4.6(a)3.

F. Minimum Standards for Pollution Prevention / Good Housekeeping for

Municipal Operators

1. Community-wide Ordinances

a. The permittee shall adopt and enforce the following community-wide ordinances (New

Permittee: shall adopt and enforce the following community-wide ordinances on or before

EDPA + 12 months):

i. Pet Waste Ordinance: The permittee shall adopt and enforce an ordinance that requires pet

owners or their keepers to immediately and properly dispose of their pet’s solid waste

deposited on any property, public or private, not owned or possessed by that person.

Information on the Pet Waste Ordinance, the website address where it can be located, and

the benefits of proper disposal of pet solid waste shall be distributed with pet licenses;

ii. Wildlife Feeding Ordinance: The permittee shall adopt and enforce an ordinance that

prohibits the feeding of any wildlife (e.g., Canada Geese) in any public park or on any other

property owned or operated by the permittee. Exclusions include wildlife confined in zoos,

parks, or rehabilitation centers as well the following unconfined animals: (1) wildlife at

environmental education centers; (2) feral cats as part of an approved Trap-Neuter-Release

program; and (3) other kinds of unconfined animals, if any, that the ordinance specifically

lists and excludes for reasons set forth in the ordinance;

i. Litter Control Ordinance: The permittee shall adopt and enforce a litter ordinance or

enforce the existing State litter statute at N.J.S.A 13:1E-99.3;

iv. Improper Disposal of Waste Ordinance: The permittee shall adopt and enforce an

ordinance prohibiting the improper spilling, dumping, or disposal of materials other than

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stormwater into the MS4 system excluding those discharges as allowable under Part

II.C.2.b;

v. Yard Waste Ordinance: The permittee shall adopt and enforce one of the following yard

waste ordinances: 1) An ordinance that prohibits placing non-containerized yard wastes

(defined as leaves and/or grass clippings) into the street; or 2) An ordinance that prohibits

placing non-containerized yard waste at the curb or along the street within 10 feet of any

storm drain inlet and no sooner than seven (7) days prior to a scheduled and announced

collection. The frequency of yard waste pickups shall be determined at the discretion of the

permittee but shall be part of a set yard waste collection schedule which is noticed to all

municipal residents and businesses; and

vi. Private Storm Drain Inlet Retrofitting Ordinance: Private Storm Drain Inlet Retrofitting

Ordinance: The permittee shall adopt and enforce an ordinance requiring the retrofitting

of existing storm drain inlets on private property to meet the standard in Attachment B

(Design Standard for Storm Drain Inlets). Specifically, this ordinance: 1) shall apply to

storm drain inlets, on property not owned or operated by the Tier A Municipality (e.g.,

condominium associations), that are in direct contact (i.e., contiguous) to repaving;

repairing (excluding individual pothole repair); resurfacing (including top coating or chip

sealing with asphalt emulsion or a thin base of hot bitumen); and reconstruction or

alteration of facilities; and 2) shall not apply to a residential lot with one single family

house.

b. The permittee shall adopt and enforce the following community-wide ordinances on or before

EDPA + 12 months:

i. Privately-Owned Salt Storage Ordinance: Adopt and enforce an ordinance requiring that

piles of salt and other solid (granular) de-icing materials which are not stored in a

permanent structure be covered by tarping when not in use and secured in a way to

prevent its exposure to rain, snow, or stormwater run-on; and

ii. Tree Removal/Replacement Ordinance: Adopt and enforce an ordinance to control tree

removal and replacement to reduce stormwater runoff and pollutants, and to promote

infiltration of rainwater into the soil.

c. Additional ordinance requirements of this permit are found at Part IV.E.3 (Stormwater

Control Ordinance) above and Part IV.G.3.c (Illicit Connection Ordinance) below.

d. Optional Privately-Owned Refuse Container/Dumpster Ordinance: Permittees have the option

of adopting and enforcing an ordinance requiring privately-owned dumpsters and other refuse

containers that are outdoors or exposed to stormwater to be covered at all times. This

ordinance is not intended for litter receptacles; individual homeowner trash and recycling

containers; containers that hold large bulky items (e.g., furniture, bound carpet, and padding);

permitted temporary demolition containers; and refuse containers at industrial facilities

authorized to discharge stormwater under a valid NJPDES permit.

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i. This ordinance serves to prevent the spilling, dumping, leaking, or otherwise

discharge of liquids, semi-liquids, or solids from refuse containers.

ii. Discharges of liquids, semi-liquids, or solids from these dumpsters or refuse

containers into the MS4, or the surface or ground waters of the state, are illegal

discharges not authorized under this permit and must be reported to the NJDEP

Hotline at 1-877-WARNDEP (1-877-927-6337).

e. Model ordinances can be found at www.nj.gov/dep/dwq/example_ordinance.htm

2. Community-wide Measures

a. The permittee shall develop and implement the following community-wide pollution

prevention measures, and good housekeeping measures to control solid and floatable

materials, which shall be described in the written SPPP:

i. Triannual Street Sweeping: The permittee shall sweep, at a minimum of once every

four months, or more frequently as necessary to eliminate recurring problems, all

segments of roads that are owned or operated by the permittee and have storm drain

inlets that discharge to surface water. Existing Permittees shall continue with the

current street sweeping schedule until the new triannual sweeping program is

implemented on or before EDPA + 12 months. New Permittees shall begin this

sweeping program on or before EDPA + 12 months.

ii. Annual Street Sweeping: The permittee shall sweep, at a minimum of once per year,

or more frequently as necessary to eliminate recurring problems, all segments of

roads that are owned or operated by the permittee that do not have storm drain inlets

that discharge to surface water. Existing Permittees shall continue with the current

street sweeping schedule until the new annual sweeping program is implemented on

or before EDPA + 12 months. New Permittees shall begin this sweeping program on

or before EDPA + 12 months.

iii. Storm Drain Inlet Labeling: The permittee shall label all permittee owned or operated

storm drain inlets that do not have permanent wording cast into the structure of the

inlet to indicate that it empties directly into a local waterway. This applies to inlets

that are located along sidewalks that are adjacent to municipal streets, and within

plazas, parking areas, maintenance yards or other ancillary activities that are operated

by the permittee. Existing Tier A permittees and new Tier A permittees shall

implement this requirement upon EDPA.

iv. Storm Drain Inlet Retrofitting: The permittee shall comply with the standards set

forth in Attachment B (Design Standards for Storm Drain Inlets) of this permit to

control passage of solid and floatable materials through storm drain inlets installed by

the permittee. The permittee shall retrofit all permittee owned or operated storm drain

inlets with the standards set forth in Attachment B on or before EDPA + 59 months.

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v. Storm Drain Installation: The permittee shall not install storm drains that do not

include a catch basin or other BMP designed for solids collection. Existing Tier A

permittees and new Tier A permittees shall implement this requirement upon EDPA.

vi. Herbicide Application Management: The permittee shall restrict the application of

herbicides to prevent herbicides from being washed into the waters of the State and to

prevent erosion caused by de-vegetation. At a minimum, the permittee shall: (1) not

apply herbicides on or adjacent to storm drain inlets, or on steeply sloping ground;

(2) only apply herbicides along curb lines and unobstructed shoulders that contain

unwanted vegetation; and (3) only apply herbicides within a 2-foot radius around

structures where overgrowth presents a safety hazard and where it is unsafe to mow.

Existing Tier A permittees and new Tier A permittees shall implement this

requirement upon EDPA.

vii. Excess De-Icing Material Management: The permittee shall remove, within 72 hours

after the end of the storm event, conditions permitting, piles of excess salt and de-

icing materials that have been deposited during spreading operations (e.g., piles

resulting from accidental spillage or when spreading equipment is started or stopped)

on all streets and parking areas owned or operated by the permittee. Excess de-icing

material removed from streets and parking areas may be returned to storage or

properly managed if unsuitable for reuse. Existing Tier A permittees and new Tier A

permittees shall implement this requirement upon EDPA.

viii. Roadside Vegetative Waste Management: The permittee shall ensure the proper

pickup, handling, storage and disposal of wood waste and yard trimmings generated

by the permittee. Wood waste and yard trimmings shall be managed to minimize the

impact of vegetative maintenance activities on stormwater discharge quality and shall

be prohibited from being blown or deposited into storm drain inlets and stormwater

facilities. Existing Tier A permittees and new Tier A permittees shall implement this

requirement upon EDPA.

ix. Roadside Erosion Control: The permittee shall develop a program to detect and repair

erosion along the roads owned or operated by the permittee and to inspect and

maintain the stability of shoulders, embankments, ditches, and soils along these roads

to ensure that they are not eroding and contributing to the sedimentation of receiving

waters. Inspections of municipal roads shall occur at least once per year, and any

repairs shall be completed as soon as practicable, but no later than 90 days from

discovery, unless another timeframe is authorized by the Department, and be made in

accordance with the Standards for Soil Erosion and Sediment Control in New Jersey,

N.J.A.C. 2:90-1. Existing Tier A permittees and new Tier A permittees shall

implement this requirement upon EDPA + 12 months.

x. The permittee shall maintain a log sufficient to demonstrate compliance with this

section. Example Maintenance Logs and Inspection Records forms are available at

www.njstormwater.org.

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3. Inspection and Maintenance of Stormwater Facilities Owned or Operated by the Permittee

a. The permittee shall develop, update, and implement a program to ensure adequate long-term

cleaning, operation, and maintenance of all municipally owned or operated stormwater

facilities, which includes but is not limited to:

i. Storm Drain Inlet Inspection: The permittee shall inspect, at a minimum of once per year,

all storm drain inlets that it owns or operates;

ii. Storm Drain Inlet Cleaning and Maintenance: The permittee shall develop, update, and

implement a storm drain inlet cleaning and maintenance program. The program shall

establish the conditions under which a storm drain inlet must be cleaned, and

maintenance performed. Cleaning and maintenance shall be conducted, at a minimum, as

frequently as necessary to ensure that sediment, trash, or other debris is removed as

necessary to restrict it from entering the waters of the State; to eliminate recurring

problems; and maintain proper function;

iii. Catch Basin Inspection: The permittee shall inspect all catch basins that it owns or

operates. At a minimum, permittees who own or operate less than 1,000 catch basins

shall inspect them once per year. Permittees who own or operate 1,000 or more catch

basins shall inspect a minimum of 20% of the total or 1,000 per year, whichever is

greater, rotating the schedule in such a way that all catch basins are inspected at least

once every five years on approximately the same frequency;

v. Catch Basin Cleaning: The permittee shall develop, update, and implement a catch basin

cleaning and maintenance program. The program shall establish when a catch basin must

be cleaned and maintained and include procedures for cleaning and maintenance.

Cleaning and maintenance shall be implemented as frequently as necessary to ensure, at a

minimum, that sediment, trash, or other debris is removed as necessary to control it from

entering the waters of the State; to eliminate recurring problems; and maintain proper

function. For guidance related to catch basin cleaning, refer to the EPA Catch Basin

Technology Overview and Assessment in the Highway Agency Guidance document

(https://www.nj.gov/dep/dwq/highway_guidance.htm

);

v. MS4 Conveyance Inspection and Cleaning: The permittee shall develop, update, and

implement a MS4 conveyance inspection, cleaning, and maintenance program. The

program shall establish when the MS4 conveyance must be cleaned and maintained to

ensure proper function and operation;

vi. Stormwater Infrastructure Inspection (excluding i. – v. above): The permittee shall

inspect all stormwater infrastructure that it owns or operates pursuant to approved

maintenance plans. If there are no approved maintenance plans for certain stormwater

infrastructure, the permittee shall inspect that infrastructure at least 4 times annually, and

after each rainstorm exceeding 1 inch of total rainfall, unless the NJ Stormwater BMP

Manual recommends a less frequent schedule;

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vii. Stormwater Infrastructure Maintenance (excluding i. – v. above): The permittee shall

perform maintenance pursuant to approved maintenance plans, or more frequently as

needed, to ensure the proper function and operation. See www.njstormwater.org

; for

maintenance guidance;

viii. The permittee shall maintain a log sufficient to demonstrate compliance with this section,

including but not limited to the type of stormwater facility; location information of the

facility with geographic coordinates; name of inspector; date of inspection; observations

of the structural integrity; history of complaints; evidence of current or previous flooding;

any preventative and corrective maintenance performed; and any additional information

or findings. Example Maintenance Logs and Inspection Records forms are available at

www.njstormwater.org

under the maintenance guidance link;

ix. If stormwater facilities are found not to be functioning properly, corrective maintenance

and repairs shall be completed as soon as practicable, but no later than 90 days from

discovery, unless another timeframe is authorized by the Department. The permittee shall

prioritize these activities based upon environmental, health and safety concerns; and

x. The permittee shall certify in the MSRP Annual Report whether or not municipally

owned or operated stormwater facilities have been inspected, are properly maintained,

and are properly functioning.

xi. Existing Tier A permittees and new Tier A permittees shall implement this requirement

upon EDPA.

4. Inspection and Maintenance of Stormwater Facilities Not Owned or Operated by the

Permittee

a. The permittee shall develop, update, implement and enforce a program to ensure adequate

long-term cleaning, operation and maintenance of stormwater facilities not owned or operated

by the permittee, not subject to the conditions of another NJPDES stormwater permit and

which were constructed after February 7, 1984.

b. The permittee shall ensure that stormwater facilities not owned or operated by the permittee

are inspected and maintained pursuant to approved maintenance plans, or more frequently as

needed to ensure the proper function and operation of the stormwater facility, but at a

frequency of not less than once per year.

c. The permittee shall ensure that proper maintenance includes cleaning and removal of solid

and floatable materials, including trash/litter, excess leaves or grass clippings, branches, logs,

any other debris, or excess growth. These materials have the potential to impede the proper

function and/or restrict flow causing flooding or excessive discharge velocity or may be

discharged to the receiving waters. The permittee may require the owners or operators of

these facilities to take measures to prevent the accumulation, discharge, or other hazards

caused by such debris in the stormwater facilities (e.g., catch basins along roads and parking

areas, and detention basins).

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d. The permittee shall maintain a log sufficient to demonstrate compliance with this section,

including but not limited to the actions taken by the permittee to enforce compliance with the

long-term cleaning, operation, and maintenance program; the stormwater facility that was the

subject of the action; location information of the facility with geographic coordinates; the

name and title of person responsible for enforcement; the date of the action; and the findings.

Example Maintenance Logs and Inspection Records forms are available at

www.njstormwater.org

under the maintenance guidance link;

e. The permittee shall maintain copies of all maintenance plans, as defined in Notes and

Definitions, Part IV.B.1.a.vi, of this permit, for stormwater facilities approved by the

municipality. The permittee shall provide copies of these maintenance plans to the

Department upon request.

f. Existing Tier A permittees and new Tier A permittees shall implement this requirement upon

EDPA.

5. Municipal Maintenance Yards and Other Ancillary Operations

a. Documenting Best Management Practices at all MMYs: The permittee shall implement Best

Management Practices (BMPs) at each individual municipal maintenance yard (MMY) and

ancillary operation owned or operated by the permittee. Each MMY and ancillary operation

shall be identified by its own form in the SPPP which shall include a description of the site-

specific activities and associated BMPs. Existing Tier A permittees shall implement this

requirement upon EDPA. New Tier A permittees shall implement this requirement upon

EDPA + 12 months.

b. Site Inspections: The permittee shall inspect the entire site, including the site periphery,

monthly (under both dry and wet conditions, when possible), and identify conditions that

would contribute to stormwater contamination, illicit discharges, or negative impacts to the

permittee’s MS4. The permittee shall maintain a log sufficient to demonstrate compliance

with this section, including but not limited to dates and times of the inspections; the name of

the person conducting the inspection; and conditions requiring attention and remedial actions

taken for all activities occurring. This log must be kept on-site, with a copy kept with the

SPPP and made available to the Department upon request. Existing Tier A permittees shall

implement this requirement upon EDPA. New Tier A permittees shall implement this

requirement upon EDPA + 12 months.

c. I

nventory List: The permittee shall maintain a list of all materials and machinery which could

be a source of pollutants in a stormwater discharge. The materials in question include but are

not limited to raw materials, intermediate products, final products, waste materials, by-

products, machinery and fuels, lubricants, solvents, and detergents. Materials or machinery

that are stored in a permanent structure and therefore not exposed to stormwater do not need

to be included. Existing Tier A permittees shall implement this requirement upon EDPA.

New Tier A permittees shall implement this requirement upon EDPA + 12 months.

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d. Container Labels: The permittee shall properly label all containers. Labels shall be legible,

clean, and visible. Containers shall be kept in good condition, protected from damage and

spillage, and tightly closed when not in use. When practical, store containers indoors. If

indoor storage is not practical, containers may be stored outside if covered and placed on spill

platforms or clean pallets. An area that is graded and/or bermed to prevent run-through of

stormwater may be used in place of spill platforms or clean pallets. Outdoor storage locations

shall be regularly maintained. Existing Tier A permittees shall implement this requirement

upon EDPA. Existing Tier A permittees shall implement this requirement upon EDPA. New

Tier A permittees shall implement this requirement upon EDPA + 12 months.

e. Spill Kits: The permittee shall conduct cleanups of spills of liquids or dry materials

immediately after discovery. Spills that are suspected to be a threat to human health or the

environmental shall be immediately reported to the NJDEP Hotline at 1-877-WARNDEP (1-

877-927-6337). All spills shall be cleaned using dry cleaning methods only. Clean up spills

with a dry, absorbent material (i.e., kitty litter, sawdust, etc.) and sweep the rest of the area.

Dispose of collected waste properly. Store clean-up materials, spill kits and drip pans near all

liquid transfer areas, protected from rainfall. Existing Tier A permittees shall implement this

requirement upon EDPA. Existing Tier A permittees shall implement this requirement upon

EDPA. New Tier A permittees shall implement this requirement upon EDPA + 12 months.

f. Bulk Liquid Storage: The permittee shall have secondary containment (e.g., spill containment

dikes, double walled tanks, etc.) for all aboveground storage tanks containing bulk liquid

(including but not limited to gasoline, diesel fuel, heating oil, hydraulic oil, used oil and

liquid de-icing materials). The containment area must be impervious and be able to contain

the volumetric capacity of at least 110% of the largest tank’s capacity within the containment

area. The containment area must be constructed so that no volume of bulk liquid can escape

through drains, storm sewer systems, or to the surface waters or ground waters of the state.

All accessory pipes, hoses, valves, and pumps must also be located within the containment

area. It is recommended that the tank be protected to prevent stormwater from accumulating

in the containment structure. Existing and new Tier A permittees shall implement this

requirement by EDPA + 12 months.

g. Fueling Operations: The permittee shall establish, maintain, and implement standard BMPs to

address vehicle fueling; receipt of bulk fuel deliveries; and inspection and maintenance of

storage tanks, including the associated piping and fuel pumps. At a minimum, these include:

i. Place drip pans under all hose and pipe connections and other leak-prone areas during

bulk transfer of fuels;

ii. Block storm sewer inlets, or contain tank trucks used for bulk transfer, with temporary

berms or temporary absorbent booms during the transfer process. If temporary berms or

booms are being used instead of blocking the storm sewer inlets, all hose connection

points associated with the transfer of fuel shall be within the temporarily bermed or

boomed area during the loading/unloading of bulk fuels. A trained employee shall be

present to supervise the bulk transfer of fuel;

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iii. Clearly post, in a prominent area of the facility, instructions for safe operation of fueling

equipment that include all the following: “Topping off of vehicles, mobile fuel tanks, and

storage tanks is strictly prohibited”; “Stay in view of fueling nozzle during dispensing”;

and the contact information for the person(s) responsible for spill response; and

iv. Immediately repair or replace any equipment, tanks, pumps, piping, and fuel dispensing

equipment found to be leaking or in disrepair.

v. Existing Tier A permittees shall implement this requirement upon EDPA. New Tier A

permittees shall implement this requirement by EDPA + 12 months.

h. Discharge of Stormwater from Secondary Containment: The permittee may discharge

stormwater accumulated in a secondary containment area (e.g., fuel storage, de-icing solution

storage, brine solution) provided a visual inspection is performed to ensure that the contents

of aboveground storage tank have not come into contact with the stormwater to be

discharged. Visual inspections are only effective when dealing with materials that can be

observed, like petroleum. If the contents of the tank are not visible in stormwater, the

permittee shall rely on previous tank inspections to determine with some degree of certainty

that the tank has not leaked. If the permittee cannot determine with reasonable certainty that

the stormwater in the secondary containment area is uncontaminated, then the stormwater

shall be hauled offsite for proper disposal. If the secondary containment area contains a valve,

this valve shall remain closed at all times except as described above. Existing and new

permittees shall implement this requirement upon EDPA.

i. Vehicle/Equipment Maintenance and/or Repair: The permittee shall perform vehicle and

equipment maintenance in a manner that prevents the exposure of pollutants to stormwater.

Whenever possible, the permittee shall conduct vehicle and equipment maintenance and/or

repair activities indoors. For projects that must be conducted outdoors, and that last more than

one day, portable tents or covers shall be placed over the equipment being serviced when not

being worked on, and drip pans shall be used at all times. Use designated areas away from

storm drains or block storm drain inlets when vehicle and equipment maintenance is being

conducted outdoors. Existing and new permittees shall implement this requirement upon

EDPA.

j. Wash Wastewater Containment: The permittee shall manage any equipment and vehicle

washing activities so that there are no unpermitted discharges of wash wastewater to storm

sewer inlets or to surface or ground waters of the State. A permittee that cannot discharge

wash wastewater to a sanitary sewer may temporarily store wash wastewater in a containment

structure prior to proper disposal under the following conditions:

i. Structural Inspections: The containment structure(s) does not leak. Any underground

tanks and associated piping shall be tested for integrity every three years using

appropriate methods determined by “The List of Leak Detection Evaluations for Storage

Tank Systems” created by the National Work Group on Leak Detection Evaluations, or as

determined appropriate and certified by a professional engineer for the site-specific

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containment structure(s). For any cathodically protected containment system, provide a

passing cathodic protection survey every three years;

ii. Visual Inspections: Before each use, perform inspections of all visible portions of

containment structures to ensure that they are structurally sound. Log dates of inspection;

inspector's name, and conditions using the attached Underground Vehicle Wash Water

Storage Tank Use Log. This visual inspection is not required if system design prevents

such inspection;

iii. Overfill Prevention: Operate containment structures to prevent overfilling resulting from

normal or abnormal operations, malfunctions of equipment, and human error. Wash

wastewater shall no longer be introduced when determined to be at 95% capacity. Record

each measurement to the nearest ½ inch. See attached Underground Vehicle Wash Water

Storage Tank Use Log;

iv. Leak Remediation: Containment structures shall be emptied and taken out of service

immediately upon detection of deterioration that could result in a leak. Complete all

necessary repairs to ensure structural integrity prior to placing the containment structure

back into service. Any spills or suspected release of hazardous substances shall be

immediately reported to the NJDEP Hotline (1-877-927-6337) followed by a site

investigation in accordance with N.J.A.C. 7:26C and N.J.A.C 7:26E if the discharge is

confirmed;

v. Pump-outs(including clean-outs): All wash wastewater placed into storage must be

disposed of in a legally permitted manner. Maintain a log of equipment and vehicle wash

wastewater containment structure pump-outs/clean-outs including date and method of

removal, mode of transportation (including name of hauler if applicable) and the location

of disposal. See attached Underground Vehicle Wash Water Storage Tank Pump Out

Log;

vi. Annual Engineer’s Certification: Containment structures shall be inspected annually by a

NJ licensed professional engineer. The engineer shall certify the condition of all

structures including wash pad, catch basin, sump, tank, piping, risers to detect

deterioration in the walls, floors, joints, seams, pumps and pipe connections or other

containment devices using the attached Engineer’s Certification of Annual Inspection of

Equipment and Vehicle Wash Wastewater Containment Structure. This certification may

be waived for self-contained systems on a case-by-case basis. Any such waiver would be

issued in writing by the Department; and

vii. Recordkeeping: Maintain all logs, inspection records, and certifications on-site. Such

records shall be made available to the Department upon request.

viii. Existing and new Tier A permittees shall implement this requirement upon EDPA.

k. Salt and Other Granular De-icing Material Storage and Handling: The permittee shall store

salt and other solid de-icing materials in a permanent structure and establish, maintain, and

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implement salt and de-icing material storage and handling BMPs. At a minimum, these

include:

i. Preventing the exposure of stored salt and other granular de-icing material to rain, snow,

or stormwater run-on. Stormwater runoff containing de-icing material from a material

storage and handling area is not authorized for discharge under this permit;

ii. Preventing and/or minimizing spillage;

iii. Minimizing tracking of materials from loading and unloading operations, which shall be

conducted during dry weather, when possible;

iv. Minimizing loader travel distance between storage area and spreading vehicle;

v. Sweeping (or clean using other dry cleaning methods), after loading and unloading, the

areas surrounding the de-icing storage structure to eliminate the contact of de-icing

materials with stormwater that were tracked away from storage areas. The permittee may

reuse or properly discard materials collected during cleanup; and

vi. Restricting the temporary outdoor storage of salt and other granular de-icing materials.

The temporary outdoor storage of salt and other granular de-icing materials is permitted

only under the following conditions:

1) A permanent structure is under construction, repair, or replacement;

2) Stormwater run-on and de-icing material run-off is minimized;

3) Materials in temporary storage are tarped when not in use;

4) All the BMPs for de-icing materials in a permanent structure above are met; and

5) Temporary outdoor storage shall not exceed 30 days unless otherwise approved in

writing by the Department.

vii. Existing Tier A permittees shall implement this requirement upon EDPA. New Tier A

permittees shall implement this requirement by EDPA + 36 months.

l. Aggregate Material, Wood Chips, and Finished Leaf Compost Storage: The permittee may

store materials such as sand, gravel, stone, topsoil, wood chips, and finished leaf compost,

provided these materials are:

i. Stored a minimum of 50 feet from surface water bodies, storm sewer inlets, and/or

ditches or other stormwater conveyance channels;

ii. Stored in a manner as to minimize stormwater run-on and pollutant run-off via surface

grading, dikes and/or berms (which may include sandbags, hay bales and curbing, among

others) or three-sided storage bays. Where possible, the open side of storage bays shall be

situated on the upslope. The area in front of storage bays and adjacent to storage areas

shall be swept clean after loading/unloading; and

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iii. Not being processed (i.e., composting, chipping, grinding, screening, and/or size

reducing). The discharge of stormwater from the processing of these materials is not

authorized under this permit. Facilities conducting processing activities shall contact the

Industrial Stormwater Permitting Unit at industrialstormwaterpermitting@dep.nj.gov

for

information regarding obtaining the applicable stormwater permit.

iv. Existing Tier A permittees shall implement this requirement upon EDPA. New Tier A

permittees shall implement this requirement by EDPA + 6 months.

m. Cold Patch Asphalt Storage: The permittee shall store cold patch asphalt in a permanent

structure or on an impervious surface and covered with a waterproof material (i.e., tarpaulin

or 10-mil plastic sheeting) and contained (e.g., contained by berms) to control leachate and

stormwater run-on or run through. Existing and new Tier A permittees shall implement this

requirement upon EDPA.

n. Street Sweepings and Storm Sewer Clean-out Material Storage: The permittee shall store

street sweepings, storm sewer, and catch basin clean-out materials, stormwater basin clean-

out materials and other similar materials on a temporary basis. These materials shall not

include liquids, wastes which are removed from sanitary sewer systems, or material which

constitutes hazardous waste in accordance with N.J.A.C. 7:26G. The materials placed into

temporary storage must be, at a minimum:

i. Stored in leak-proof containers or on an impervious surface and covered with a

waterproof material (i.e., tarpaulin or 10-mil plastic sheeting) and is contained (e.g.,

contained by berms) to control leachate and stormwater run-on or run-through; and

ii. Removed for disposal within six (6) months of placement into storage.

iii. E

xisting Tier A permittees shall implement this requirement upon EDPA. New Tier A

permittees shall implement this requirement by EDPA + 6 months.

o. Construction and Demolition Waste, Wood Waste, and Yard Trimmings Storage: The

permittee may temporarily store construction and demolition waste, wood waste, and yard

trimmings, provided these materials are:

i. Stored a minimum of 50 feet from surface water bodies, storm sewer inlets, and/or

ditches or other stormwater conveyance channels;

ii. Stored in a manner as to minimize stormwater run-on and pollutant run-off via surface

grading, dikes and/or berms (which may include sandbags, hay bales and curbing, among

others), or three-sided storage bays. Where possible, the open side of storage bays shall

be situated on the upslope. The area in front of storage bays and adjacent to storage areas

shall be swept clean after loading/unloading;

iii. Removed within six (6) months of placement into storage; and

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iv. Not being processed (i.e., composting, chipping, grinding, screening, and or size

reducing). The discharge of stormwater from the processing of these materials is not

authorized under this permit. Facilities conducting processing activities shall contact the

Industrial Stormwater Permitting Unit at industrialstormwaterpermitting@dep.nj.gov

for

information regarding obtaining the applicable stormwater permit.

v. Existing Tier A permittees shall implement this requirement upon EDPA. New Tier A

permittees shall implement this requirement by EDPA + 6 months.

p. Scrap Tires: The permittee shall store scrap tires in a covered container or enclosure to

prevent the exposure to stormwater. Existing and new Tier A permittees shall implement this

requirement upon EDPA.

q. Inoperable Vehicles or Equipment: The permittee may temporarily store (up to 6 months)

inoperable vehicles or equipment provided drip pans are utilized for all leaking vehicles,

portable tents or covers are placed over vehicles, use designated storage areas away from

storm drains, and monthly inspections are conducted for leaks and filled drip pans, as noted in

b. above. Existing and new Tier A permittees shall implement this requirement upon EDPA.

r. Refuse Containers and Dumpsters: The permittee shall ensure that dumpsters and refuse

containers that are outdoors or exposed to stormwater, are covered at all times. This serves to

prevent the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids, or

solids from the containers. This measure is not intended for temporary demolition containers

(e.g., rubble or construction waste, and wood waste) or containers that hold large bulky items

(e.g., furniture), provided they do not contain putrescible waste. Existing and new Tier A

permittees shall implement this requirement upon EDPA.

6. Stormwater Program Coordinator (SPC) Training

a. The permittee shall ensure that all individuals who serve as Stormwater Program

Coordinators (SPC) complete mandatory Department training regarding their

responsibilities to implement the stormwater program in their municipality.

b. The Department will conduct this free training via an interactive webinar which shall be

offered approximately twice each year.

c. SPCs are required to attend this training within EDPA + 36 months and once per permit

cycle thereafter.

d. In the event of SPC turnover, the permittee shall comply with the conditions set forth in

Part IV.A.1.e. and ensure that the new SPC attends the next available Department training

session.

e. Previous recordings of SPC training sessions will be posted on the MS4 Tier A webpage.

7. A

nnual Employee Training

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a. The permittee shall develop, update, and implement an employee training program that

ensures duty-specific training of all individuals responsible for implementation of the

stormwater program. Training shall describe the procedures necessary to ensure compliance

with all permit conditions and shall include municipality-specific details described in the

SPPP. Training shall be conducted within 3 months of commencement of duties and on an

annual basis thereafter. Recipients include municipal board members, governing body

members, shared contract service entities and municipal employees in public works,

engineering, business administration, clerical, etc. Methods of training may include in-person

group training sessions, e-Learning sessions, on-the-job/field training, and instructional

videos. The permittee must document and maintain records of the training of each individual,

indicating the participant’s name/title, signatures, dates of training, agenda or topics

discussed, and the instructor’s name/title or video title/website link addresses. The location of

these records shall be noted in the SPPP.

i. SPPP – The permittee shall provide training on the current SPPP and applicable

recordkeeping requirements. See Part IV.A.2.

ii. Construction Site Stormwater Runoff – The permittee shall provide training regarding the

need for applicable construction sites to obtain a Construction Site Stormwater Runoff

general permit authorization. See Part IV.D.

iii. Post-Construction Stormwater Management in New Development and Redevelopment –

The permittee shall provide training on the requirements for Post-Construction

Stormwater Management in New Development and Redevelopment. See Part IV.E.

iv. Community-wide Ordinances – The permittee shall provide training on the community-

wide ordinances including a review of the requirements, enforcement, and the

repercussions of non-compliance. See Part IV.F.1.

v. Community-wide Measures – The permittee shall provide training on the community-

wide pollution prevention/good housekeeping measures. See Part IV.F.2.

vi. Stormwater Facility Maintenance – The permittee shall provide training on the

maintenance of inventoried stormwater facilities owned or operated by the municipality

as well as those not owned or operated by the municipality. See Part IV.F. 3. and IV.F.4.

vii. Municipal Maintenance Yard Operations and Other Ancillary Operations – The permittee

shall provide training on implementing BMPs, good housekeeping measures, and

conducting and documenting site inspections at municipally owned or operated

Maintenance Yard Operations and Other Ancillary Operations. See Part IV.F.5.

viii. MS4 Mapping – The permittee shall provide training on mapping MS4 infrastructure

within the municipality. See Part IV.G.1.

ix. Outfall Stream Scouring Detection and Control – The permittee shall provide training on

how to inspect, identify, correct, and document outfall pipe stream scouring and

contributing factors. See Part IV.G.2.

x. Illicit Connection Elimination – The permittee shall provide training on how to inspect,

identify, eliminate, and document the impacts associated with illicit connections and

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details of the program including investigation techniques, physical observations, and field

sampling. See Part IV.G.3.

xi. Watershed Improvement Plan – The permittee shall provide training on the requirements

for developing a Watershed Improvement Plan. See Part IV.H.

xii. This requirement applies at EDPA for all existing permittees. New permittees have 12

months to create their SPPP and shall conduct training immediately upon completion. As

such, the requirement for new Tier A permittees is EDPA+12 months.

8. Stormwater Management Design Review (SWMDR) Training

a. The permittee shall ensure that all individuals that review and approve stormwater

management designs for major development projects on behalf of the permittee for

compliance with the Stormwater Management rules at N.J.A.C. 7:8 have completed this

mandatory Department provided training.

b. This SWMDR training course covers the rule’s requirements, calculation methodologies, and

how to review a major development. This training must be completed, at a minimum, once

every five years.

c. A list of the individuals that completed this training course is posted at

www.njstormwater.org/training.htm

, including their five-year expiration date.

d. Existing Tier A permittees shall implement this requirement upon EDPA. New Tier A

permittees shall implement this condition within 12 months of EDPA.

9. Stormwater Management Rule Amendment Training

a. Whenever the Stormwater Management rules at N.J.A.C. 7:8 are amended and the

Department determines that training is warranted, the permittee shall ensure that all

individuals that have completed the SWMDR course in Part IV.B.5.h above also complete

this mandatory Department provided training.

b. Training must be completed no later than one year after the adoption of the amendments to

the Stormwater Management rules at N.J.A.C. 7:8.

10. Municipal Board and Governing Body Member Training

a. The permittee shall ensure that municipal board and governing body members complete the

“Asking the Right Questions in Stormwater Review Training Tool” posted at

www.njstormwater.org/training.htm

. This training is required for planning board members,

zoning board members, and governing body members who review and approve applications

for development and redevelopment projects on behalf of the permittee.

b. This training must be completed by current municipal board and governing body members

and once per term of service thereafter, municipal board and governing body members must

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also review at least of one of the tools offered under Post-Construction Stormwater

Management found at the website above.

c. Existing Tier A permittees shall ensure their current municipal board and governing body

members complete this training on or before EDPA. New Tier A permittees shall ensure their

current municipal board and governing body members complete this training on or before

EDPA + 6 months. All Tier A permittees shall ensure that any new member complete this

training within six months of commencing duties.

d. Once per term of service thereafter, municipal board and governing body members must

review at least one of the training tools offered under Post-Construction Stormwater

Management found at the website above.

e. The permittee is required to maintain a list of the dates and names of training program

participants in its SPPP.

G. Minimum Standards for MS4 Mapping, and Scouring, and Illicit

Discharge Detection and Elimination

1. MS4 Mapping

a. The permittee shall develop, update, and maintain an MS4 Infrastructure Map that delineates

the location of the following stormwater features that are owned or operated by the permittee,

including their associated attributes noted in parentheses:

i. MS4 outfalls (receiving surface water name, type of outfall);

ii. MS4 ground water discharge points (type);

iii. MS4 interconnections (type into/from, entity);

iv. Storm drain inlets (type, catch basin present, label present, retrofitted);

v. MS4 manholes;

vi. MS4 conveyance (type, direction of flow);

vii. MS4 pump stations;

viii. Stormwater facilities (type); and

ix. Property boundaries of maintenance yard(s) and other ancillary operations (type).

b. The permittee shall ensure that the MS4 Infrastructure map be:

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i. Reviewed annually, or more frequently as necessary, and updated to include the

location or attributes of any new or newly identified MS4 infrastructure;

ii. Posted on the permittee’s stormwater webpage and included as a weblink within the

SPPP;

iii. Submitted electronically to the Department as a georeferenced shapefile,

geodatabase, or an AutoCAD file (with all other non-applicable data stripped out). If

the DEP Mapping Application (https://www.nj.gov/dep/dwq/msrp_map_aid.htm

) is

used, then no submittal is required as the data is automatically submitted to the

Department via the mapping application; and

iv. Provided to the Department on or before EDPA + 36 months. Existing permittees:

This time frame does not extend the deadline of December 21, 2020, for the

submission of the MS4 outfall pipe map.

2. Stream Scouring

a. The permittee shall develop, update, and implement a program to detect, investigate and

control any localized stream scouring from stormwater outfalls owned or operated by the

permittee. This program shall be described in the written SPPP, as required in Part IV.A.2.

See the Tier A Municipal Guidance document and the Department’s Stream Scouring

Investigation Recordkeeping Form at https://www.nj.gov/dep/dwq/tier_a.htm

for additional

information.

b. The permittee shall, at a minimum:

i. Inspect each MS4 outfall that discharges to a stream, and the surrounding area in the

vicinity of the MS4 outfall, for localized scouring of the stream banks or bottom

caused by the outfall. Each outfall shall be inspected at least once every five years,

with a minimum of 20% of the total number of outfalls or 100 per year, whichever is

greater.

ii. Inspect, within 30 days of identification, any new and/or newly identified outfalls as

required in i. above for localized scouring of the stream banks or bottom caused by

the outfall;

iii. Investigate, within 30 days of receipt, all complaints and reports of stream scouring;

iv. When localized stream scouring is detected, identify sources of stormwater that

contribute to the scouring from the outfall within 3 months;

v. Where identified sources are located on property owned or operated by the permittee,

corrective action shall be taken by the permittee to reduce stormwater rate or volume

when feasible;

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vi. Where identified sources are within the jurisdiction of the permittee, but not located

on property owned or operated by the permittee, the permittee shall ensure that

proper operation and maintenance of stormwater facilities is performed by the entity

responsible for the facility as required in Part IV.F.4;

vii. Prioritize, schedule and complete remediation of identified localized stream scouring

as soon as possible, taking action based upon the requirements above. If not able to

be completed within 12 months, a schedule for completion shall be submitted to the

MS4 Case Manager before the 12 month deadline. (See

https://www.nj.gov/dep/dwq/msrp_managers.htm

). This schedule of completion

shall be maintained with updated information and provided to the MS4 Case

Manager on a quarterly basis until completion as required in Part IV.F.3 and IV.F.4;

viii. All stream scouring restoration shall be made in accordance with the Standards for

Soil Erosion and Sediment Control in New Jersey at N.J.A.C. 2:90-1 (e.g., Conduit

Outlet Protection 12-1) and the requirements for bank stabilization and channel

restoration found at N.J.A.C. 7:13;

ix. All associated maintenance or repairs to stormwater facilities shall be made in

accordance with N.J.A.C 7:8. Any changes to stormwater facilities that were

originally approved as part of a major development project must be reviewed for

compliance with N.J.A.C. 7:8 and the permittee’s SCO or RSIS as applicable, by a

design review engineer who has completed the Department’s Stormwater Design

Review course;

x. Maintain a log and document all investigations and actions taken sufficient to

demonstrate compliance with this requirement. Outfall inspections shall include all

information requested on the Department’s Outfall Inspection Form. Documentation

of stream scouring shall include all of the information requested on the Department’s

Stream Scouring Investigation Recordkeeping Form. (See

https://www.nj.gov/dep/dwq/tier_a.htm

xi. Existing Tier A permittees should already have this program in place, so compliance

is required at EDPA. New Tier A permittees must create and implement this program

by EDPA + 12 months.

3. Illicit Discharge Detection and Elimination

a. Illicit Discharge Detection and Elimination: The permittee shall develop, update,

implement and enforce an ongoing Illicit Discharge Detection and Elimination Program.

This program shall be described in the written SPPP, as required in Part IV.A.2. See the

Tier A Municipal Guidance document and the Illicit Connection Inspection Report Form

(www.nj.gov/dep/dwq/tier_a_guidance.htm

) and the USEPA Guidance document

(https://www3.epa.gov/npdes/pubs/idde_manualwithappendices.pdf) for additional

information.

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b. The permittee shall, at a minimum:

i. Conduct visual dry weather inspection of all outfalls owned or operated by the

permittee at least once every five years, with a minimum of 20% of the total number

of outfalls or 100 per year, whichever is greater, to determine if dry weather flow

(flow occurring 72 hours after a rain event) or other evidence of illicit discharge is

present;

ii. Inspect, within 30 days of identification, any new and/or newly identified outfalls, as

required in Part IV.G.1.b.i above, to determine if dry weather flow or other evidence

of illicit discharge is present;

iii. Investigate, within 30 days of identification, dry weather flows discovered during

routine inspection and maintenance of other elements of the MS4;

iv. Investigate, within 30 days of receipt, complaints and reports of illicit connections,

including those from operating entities of interconnected MS4s;

v. Investigate, within 30 days, to determine the source if evidence of illicit discharge is

found;

vi. Eliminate as soon as possible, but no later than within one year of discovery, non-

stormwater discharges that are traced to their source and found to be illicit

connections. If unable to eliminate a non-stormwater discharge within one year, the

permittee must request an extension from the Department no later than thirty days

before the end of the one-year timeframe; and

ii. Document investigations and actions taken using the Department’s Illicit Connection

Inspection Report Form and attach this form to the MSRP Annual Report. (See

https://www.nj.gov/dep/dwq/tier_a.htm

c. The permittee shall adopt and enforce an ordinance that prohibits illicit connections to the

MS4 owned or operated by the permittee (See

https://www.nj.gov/dep/dwq/example_ordinance.htm

for a model ordinance).

d. Existing Tier A permittees should already have this program in place, so compliance is required

at EDPA. New Tier A permittees must create and implement this program by EDPA + 12

months.

H. Watershed Improvement Plan

1. Requirements for the Watershed Improvement Plan

a. The permittee shall develop a Watershed Improvement Plan in the three phases specified

below that describes what actions the permittee will take to:

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i. Improve water quality by reducing the contribution of pollutant parameters for all

receiving waters within and bordering the town that have percent reductions listed for

stormwater in the Total Maximum Daily Loads (see the TMDL Look-up Tool at

https://www.nj.gov/dep/dwq/msrp-tmdl-rh.htm

);

ii. Improve water quality by reducing the contribution of pollutant parameters for all

receiving waters within and bordering the town that have and for those waters that

are causing water quality impairments as per the Department’s Integrated Report.

(See the 303(d) list portion of the Department’s Integrated Report at

https://www.epa.gov/sites/default/files/2020-

01/documents/2016_final_integrated_report_appendix_b.pdf); and

iii. Reduce and/or eliminate stormwater flooding in the municipality, prioritizing the

areas of flooding for corrective actions based on threat to human health and safety,

environmental impacts, and frequency of occurrence.

b. The permittee shall solicit input from stakeholders, including residents, business owners,

owners of private stormwater facilities (as per b.xiii below), and other municipalities and/or

dischargers to the subwatershed(s) to be involved in the Plan development process.

c. The permittee shall conduct semi-annual public information sessions (in-person or virtual)

beginning on or before EDPA + 36 months, throughout the development of the Plan. These

sessions could be included on the agenda for town council (or equivalent) meetings.

d. The permittee shall prepare and submit to the Department, on or before EDPA + 36 months,

the Watershed Inventory Report, as the first step of the Watershed Improvement Plan,

which shall summarize and include an electronic map of the items listed below. The

permittee may use any information available from the Department’s GIS database at

https://gisdata-njdep.opendata.arcgis.com/

to assist with the preparation of this Report, except

for items ii. through vi. For i., existing permittees shall use the outfall pipe map as the base

map, which was required to be completed by the permittees by December 21, 2020.

i. All stormwater outfalls owned/operated by the permittee;

ii. The drainage area for each outfall(s);

iii. The receiving waterbodies of those outfalls;

iv. The water quality classification of all receiving waterbody segments;

v. All stormwater interconnections from the municipality into another entities’ storm or

sanitary sewer system;

vi. The drainage area for each interconnection into another entities’ storm or sanitary

sewer system;

vii. All stormwater connection points into the municipality from another entities’ storm

sewer system;

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viii. All storm drain inlets owned/operated by the permittee;

ix. Area associated with each TMDL for waters that lie within or bordering the

municipality;

x. Area associated with each water quality impairment for waters that lie within or

bordering the municipality;

xi. Overburdened communities;

xii. Impervious areas; and

xiii. The location and ownership of all privately (not owned/operated) owned stormwater

outfalls and basins/infrastructure.

e. The permittee shall prepare and submit to the Department, on or before EDPA + 48 months,

the second phase Watershed Assessment Report, which shall include, but not be limited to:

i. An assessment of potential water quality improvement projects by sub-watershed and

parameter;

ii. An estimate of the percent reduction in loading of the TMDL/impaired parameters

due to project(s) in i. above;

iii. A summary of feedback from public information sessions;

iv. An estimate of funding needs for each project, and identification of potential funding

sources, including the New Jersey Water Bank (NJWB); the formation of an SWU,

using 319 grants, FEMA BRIC grants; and

v. An estimate of an implementation schedule.

f. The permittee shall post the Watershed Assessment Report, along with an announcement of a

60-day comment period for formal public input on its municipal website.

g. The permittee shall prepare and submit to the Department, on or before EDPA + 59 months,

the final Watershed Improvement Plan Report, which shall include:

i. A summary of proposed locations and load reductions of water quality improvement

projects, both public and private, to be implemented;

ii. A summary of the public comments received, and the changes made to the Final

Plan;

iii. A summary of how the projects will be coordinated with other regulatory

requirements, such as:

- flood protection;

- endangered habitat/species;

- surface & ground drinking water protection;

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- climate change/resiliency;

- green infrastructure/SWM requirements;

- wildlife corridors;

- green acres;

- environmental justice;

- Combined Sewer Overflow Long Term Control Plans;

- wetlands;

- riparian buffers;

- forest corridors;

- related ongoing projects;

- Pinelands Commission;

- Highlands Council; and

- Delaware River Basin Commission.

iv. The proposed implementation schedule for the water quality improvement projects;

v. A schedule of the public information sessions to be held;

vi. Problems identified that are outside the jurisdiction of the permittee, if any. These

can be related to pollutant loading due to agricultural properties, or other lands not

under the jurisdiction of the municipality, and opportunities to address them;

vii. Costs, broken down by project and year, the funding opportunities that will be

sought; and

viii. This plan shall describe how stormwater related problems in overburdened

communities have been prioritized.

h. The permittee shall begin implementation of the Watershed Improvement Plan in accordance

with the schedule set forth in the Plan.

i. The permittee shall update this Plan, when necessary, based upon the biennial (every 2 years)

review of the revisions to the impairments of the permittee’s waterbodies as per the

Department’s Integrated Report and newly adopted TMDLs.

I. Additional Measures

1. Incorporation of Additional Measures

a. Additional Measures are non-numeric (e.g., best management practices) or numeric effluent

limitations that are expressly required to be included in a permittee’s stormwater program by

a TMDL, a regional stormwater management plan, or other elements of an adopted areawide

Water Quality Management Plan.

b. The Department will provide written notice of the adoption of any Additional Measure(s) to

any affected permittee. The Department will list each adopted Additional Measure in a minor

modification to the permit. The required Additional Measure(s) will also specify the

implementation schedule.

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J. Recordkeeping

1. Standard Recordkeeping Requirements

a. The permittee shall retain copies of all records required to be kept by this permit for a period

of at least 5 years and be made available to the Department upon request.

b. Existing Tier A permittees and new Tier A permittees shall implement this requirement upon

EDPA.

K. Annual Report and Certification

1. Annual Reporting Requirements

a. The permittee shall complete an Annual Report and Certification using the Department’s

electronic MSRP Annual Report service tool in the Regulatory Services Portal

(https://www.njdeponline.com

). The Annual Report shall summarize the status of compliance

with the permit conditions for the subject year between January 1 and December 31.

b. The permittee shall complete the annual Supplemental Questionnaire, which includes the

Major Development Project List, and upload it as an attachment with the Annual Report. The

Annual Report and Certification will be considered incomplete if the Supplemental

Questionnaire is not included as an attachment when the Annual Report is submitted. The

Supplemental Questionnaire is available at www.nj.gov/dep/dwq/tier_a.htm

c. The Stormwater Program Coordinator shall certify, sign and date the Annual Report.

d. Submit the Annual Report and Certification, including the Supplemental Questionnaire, on or

before May 1st annually.

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Attachment A – Points System for Public Education and Outreach Activities

The permittee shall implement a Public Education and Outreach Program that focuses on

educational and pollution prevention activities about the impacts of stormwater discharges on

surface water and groundwater and to involve the public in reducing pollutants in stormwater

runoff and mitigating flow.

The permittee shall annually conduct educational activities that total at least 12 points and

include activities from at least three of the five categories found below.

At a minimum, at least one of the activities shall involve educating businesses and the

general public of hazards associated with illicit connections and improper disposal of

waste.

Each approved activity is listed below with an assigned point value. Additional information on

how to conduct these Public Education and Outreach activities can be found under Notes and

Definitions Part IV.A.3 and 4 of this permit. Records shall be kept necessary to demonstrate

compliance with this requirement, including date of activities and any other relevant

documentation.

Category 1: General Public Outreach

Activity

Description

Points

Social Media

Post relevant stormwater materials on a municipal social media site, such as a

Facebook, Instagram, or Twitter page. This information may include links to

other stormwater related resources, including the municipality’s stormwater

webpage and the NJDEP stormwater website (

www.njstormwater.org).

*One point awarded for each social media platform used. A maximum of 3

points is allowed.

Newspaper Ad

Use Department created and approved stormwater education materials available

on www.cleanwaternj.org to publish an ad in a newspaper or newsletter that

serves the municipality.

*A maximum of 1 point is allowed.

Radio/Television

Broadcast a stormwater-related radio or television public service announcement

from www.cleanwaternj.org on a local radio or municipal public service

channel.

*One point awarded for each media outlet used. A maximum of 2 points is

allowed.

Green

Infrastructure

Signage

Post signs at municipally owned green infrastructure sites that describe the

function and importance of the infrastructure, contact phone number, municipal

identification number, and/or website for more information.

*New signs receive 0.5 points per sign. Existing signs that are maintained or

upgraded receive 0.25 points per sign. A maximum of 5 points is allowed.

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Billboard/Sign

Post and maintain (for credit in subsequent years) a stormwater-related

billboard or sign which can be displayed on a bus, bus stop shelter, recreation

field (outfield sign), or other common public location.

Mural

Produce and maintain (for credit in subsequent years) the planning and painting

of a stormwater pollution themed mural, storm drain art or other artwork at a

local downtown/commercial area or other similar public venue.

Stormwater

Facility Signage

Post signs at municipally owned stormwater management basins or other

structural stormwater related facilities that describe the function and importance

of the facility, contact phone number, municipal identification number, and/or

website for more information.

*New signs receive 0.5 points per sign. Existing signs that are maintained or

upgraded receive 0.25 points per sign. A maximum of 5 points is allowed.

Category 2: Targeted Audiences Outreach

Activity

Description

Points

Stormwater

Display

Present a stormwater related display or materials at any municipal event (e.g.,

Earth Day, town picnic), at the municipal building or other similar public

venue.

Promotional

Item

Distribute an item or items with a stormwater related message (e.g.,

refrigerator magnets, temporary tattoos, key chains, bookmarks, pet waste

bag dispensers, coloring books, and pens or pencils). Municipality must

initially have available a minimum number of the items equal to 10% of the

municipal population.

Private

Stormwater

Facilities

Education

Provide information to all known owners of stormwater facilities not owned

or operated by the municipality (i.e., privately-owned) highlighting the

importance of proper maintenance of stormwater measures. For assistance,

see information at

www.nj.gov/dep/stormwater/maintenance_guidance.htm.

Mailing or e-

Mailing

Campaign

Distribute any of the Department’s educational brochures, tip cards, or a

municipally produced equivalent (e.g., community calendar, newsletter, or

recycling schedule) via a mailing to every resident and business in the

municipality.

*A maximum of 2 points is allowed.

Ordinance

Education

Distribute a letter or e-mail from the mayor or municipal official to every

resident and business in the municipality highlighting the requirements and

environmental benefits of the Pet Waste, Wildlife Feeding, Litter Control,

Improper Disposal of Waste, Containerized Waste/Yard Waste Collection,

Private Storm Drain Inlet Retrofitting, Illicit Connection, Tree, and Salt

Storage ordinances. Provide a link to the municipal website where subject

ordinances are posted.

Category 3: School/Youth Education and Activities

Activity

Description

Points

School

Presentations

Provide water-related educational presentation(s) and/or activities to local

preschool, elementary, middle, and/or high school classes using municipal

staff or local partner organizations. Topics could include stormwater,

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nonpoint source pollution, watersheds, water conservation and water quality.

For ideas, see information at www.nj.gov/dep/seeds.

*Presentations receive 1 point per presentation, with a maximum of 5 points

allowed.

Water

Education

Workshops

Provide water-related professional development workshops for local teachers

from a registered NJ Department of Education Professional Development

Provider

Storm Drain

Labeling

Organize a project to label and/or maintain storm drain labels (that are not

already precast with a message) with a scout troop, local school district, or

faith-based group, or other community youth group for a minimum of 40

labels. This project could also include stenciling over precast labels to

improve legibility.

Educational

Contest for

Schools

Organize an educational contest with a local school district or a local

community organization serving youth to design a poster, magnet, rain stick,

rain barrel or other craft/art object. Contest themes shall have an appropriate

stormwater message. Winning entries are to be displayed at publicly

accessible locations within the municipality such as at the town hall, library,

post office, or school. The winning design should be shown on the

municipality’s website or social media site, if practical.

AmeriCorps

Event

Coordinate an event (e.g., volunteer stream monitoring, educational

presentations, or stormwater awareness project) through AmeriCorps NJ

Watershed Ambassador Program.

Clean-up

Sponsor or organize a litter clean up for a scout troop, local school district,

faith-based group or other community youth group along a local waterway,

public park, stormwater facility, or in an area with storm drains that

discharge to a local lake or waterway.

Category 4: Watershed/Regional Collaboration

Activity

Description

Points

Regional

Stormwater

Collaboration

Participate in a regional stormwater, community collaborative or other

watershed-based group on a regular basis to discuss impaired

waterbodies, TMDLs, regional stormwater related issues, or watershed

restoration plans that address those waterbodies. Evaluate, develop, and

implement remedies that resolve stormwater-related issues within the

affected waterbody or watershed.

Green

Infrastructure

Workshop

Organize or participate in a rain barrel, rain garden or other green

infrastructure workshop on a regional or watershed basis. This could be a

partnership exercise with a local watershed organization, utility,

university, school, youth/faith-based group, and/or other organization.

Community

Activity

Organize or participate in the organization of a regional or watershed-

based event to carry out stormwater activities such as stormwater facility

maintenance or litter clean-up. The municipality may identify and enter

into a partnership agreement with a local group such as a watershed

organization, utility, university, school, youth/faith-based group, and/or

other organization to carry out these activities.

Permit No. NJ0141852

Tier A Permit Renewal

Master Permit

Category 5: Community Involvement Activities

Activity

Description

Points

Volunteer

Stormwater

Assessment or

Stream

Monitoring

Establish a volunteer stormwater facility assessment (inspection,

inventory and/or mapping) or stream monitoring program for a waterbody

within the municipality to gauge the health of the waterway through

chemical, biological or visual monitoring protocols. Contact NJDEP’s

AmeriCorps NJ Watershed Ambassador Program or review USEPA

National Directory of Volunteer Monitoring Programs.

Rain Barrel

Workshop

Organize or participate in a rain barrel workshop. This could be a

partnership exercise with a local watershed organization, university,

school, youth/faith-based group, and/or another nonprofit.

Rain Garden

Workshop

Organize or participate in a rain garden training or installation workshop.

This could be a partnership exercise with a local watershed organization,

university, school, youth/faith-based group, and/or another nonprofit.

Community Event

Organize or participate in the organization of a community event to carry

out stormwater activities such as stormwater measure maintenance or a

stream buffer restoration. The municipality may identify and enter into a

partnership agreement with a local group such as a watershed

organization, university, utility, school, youth/faith-based group, and/or

other nonprofit to carry out these activities.

Community

Involvement

Organize a project with a local organization to create and post signs at

either green and/or gray stormwater infrastructure sites or facilities that

describe the function and importance of the facility, contact phone

number, municipal identification number, and/or website for more

information.

*Signs receive 0.5 points per sign. A maximum of 5 points is allowed.

Permit No. NJ0141852

Tier A Permit Renewal

Master Permit

Attachment B - Design Standards for Storm Drain Inlets

Application of Design Standard

The below design standard applies to the following types of storm drain inlet installation or

retrofit projects unless a more stringent standard is specified by the municipality’s Stormwater

Control Ordinance:

• Storm drain inlets installed as part of new development and redevelopment (public or

private) that disturb one acre or more;

• Storm drain inlets installed as part of new development and redevelopment (public or

private) that disturb less than one acre that are part of a larger common plan of

development or sale (e.g., phased residential development) that ultimately disturbs one

acre or more;

• Tier A Municipality owned or operated storm drain inlets must be retrofitted where the

storm drains are (1) in direct contact with any repaving, repairing (excluding individual

pothole repair), or resurfacing (including top coating or chip sealing with asphalt emulsion

or a thin base of hot bitumen); or (2) in direct contact with any reconstruction or alteration of

facilities; and

• Privately-owned or operated storm drain inlets (e.g., condominium association) must be

retrofitted where the storm drains are (1) in direct contact with any repaving, repairing

(excluding individual pothole repair), or resurfacing (including top coating or chip sealing

with asphalt emulsion or a thin base of hot bitumen); or (2) in direct contact with any

reconstruction or alteration of facilities. This does not include single family homes.

Permit No. NJ0141852

Tier A Permit Renewal

Master Permit

Design Standard

Grates in pavement or other ground surfaces shall meet either of the following standards:

• The New Jersey Department of Transportation (NJDOT) bicycle safe grate standards

described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways

Planning and Design Guidelines (see

www.state.nj.us/transportation/about/publicat/pdf/BikeComp/introtofac.pdf); or

• A grate where each individual clear space in that grate has an area of no more than seven

(7.0) square inches or is not greater than 0.5 inches across the smallest dimension. Note that

the Residential Site Improvement Standards at N.J.A.C. 5:21 include requirements for

bicycle safe grates.

Examples of grates subject to this standard include grates in grate inlets; the grate portion (non-

curb opening portion) of combination inlets; grates on storm sewer manholes; ditch grates;

trench grates; and grates of spacer bars in slotted drains. Examples of ground surfaces include

surfaces of roads, (including bridges), driveways, parking areas, bikeways, plazas, sidewalks,

lawns, fields, open channels, and stormwater basin floors used to collect stormwater from the

surface into a storm drain or surface water body.

For curb-openings inlets, including curb-opening inlets in combination inlets, the clear space in

the curb opening, or each individual clear space if the curb opening has two or more clear

spaces, shall have an area of no more than seven (7.0) square inches or be no greater than two

(2.0) inches across the smallest dimension.

Permit No. NJ0141852

Tier A Permit Renewal

Master Permit

Exemptions from the Design Standard

• Where each individual clear space in the curb opening in existing curb-opening inlets does

not have an area of more than nine (9.0) square inches;

• Where the review agency determines that the standards would cause inadequate hydraulic

performance that could not practicably be overcome by using additional or larger storm drain

inlets;

• Where flows from the water quality design storm as specified in N.J.A.C. 7:8 are conveyed

through any device (e.g., manufactured treatment device, or a catch basin hood) that is

designed, at a minimum, to prevent delivery of all solid and floatable materials that could not

pass through one of the following:

A rectangular space four and five-eighths inches long and one and one-half inches wide;

A bar screen having a bar spacing of 0.5 inches;

Note that these exemptions do not authorize any infringement of requirements in the

Residential Site Improvement Standards for bicycle safe grates in new residential

development (N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1).

• Where flows are conveyed through a trash rack that has parallel bars with one inch (1”)

spacing between the bars, to the elevation of the water quality design storm as specified in

N.J.A.C. 7:8; or

• Where the Department determines, pursuant to the New Jersey Register of Historic Places

Rules at N.J.A.C. 7:4-7.2(c), that action to meet the standard is an undertaking that

constitutes an encroachment or will damage or destroy the New Jersey Register listed

historic property.