Businesses subject to New Jersey stormwater regulations should understand the consequences of failing to comply with permit requirements, inspection obligations, and pollution prevention standards. Proactive compliance can reduce enforcement exposure.

What types of violations can result in penalties?

Common issues include failing to obtain required permits, inadequate Stormwater Pollution Prevention Plans (SWPPPs), deficient inspections, poor recordkeeping, unauthorized discharges, failure to implement best management practices, and noncompliance with NJPDES permit conditions.

Who enforces stormwater regulations?

Stormwater requirements may be enforced by the New Jersey Department of Environmental Protection (NJDEP) and, in some situations, federal regulators depending on the applicable program and permit requirements.

How can businesses reduce enforcement risk?

Maintain accurate compliance records, perform routine inspections, update SWPPPs when necessary, train employees, promptly address deficiencies, and periodically review permit obligations with qualified environmental professionals and legal counsel.

Common misconceptions

A single inspection is not enough to maintain compliance. Stormwater permits generally require ongoing monitoring, documentation, maintenance, and operational oversight.

Key Takeaways

  • Understand applicable NJPDES permit requirements.
    • Maintain current SWPPP documentation.
    • Conduct regular inspections and recordkeeping.
    • Correct deficiencies promptly.
    • Seek legal guidance when significant compliance issues arise.

When should you contact an attorney?

Consult an environmental attorney if your business receives an NJDEP notice of violation, faces potential penalties, needs assistance responding to an enforcement action, or requires guidance regarding ongoing stormwater compliance.

Contact The Law Office of Alan S. Ashkinaze

The Law Office of Alan S. Ashkinaze represents commercial and industrial businesses throughout New Jersey in stormwater compliance, NJPDES permitting, environmental enforcement matters, and regulatory risk management.