The New Jersey Pollutant Discharge Elimination System (NJPDES) regulates certain stormwater discharges from commercial and industrial facilities. Businesses should understand their permit obligations before beginning operations or modifying existing facilities.

What is an NJPDES stormwater permit?

An NJPDES stormwater permit authorizes certain stormwater discharges while establishing conditions intended to protect water quality. Permit requirements may include inspections, monitoring, recordkeeping, reporting, employee training, and implementation of best management practices.

Who may need an NJPDES permit?

Depending on the nature of the business and facility operations, manufacturers, warehouses, recycling facilities, transportation operations, construction projects, and other commercial or industrial sites may require NJPDES stormwater permit coverage.

What are common compliance responsibilities?

Facilities may need to develop and maintain a Stormwater Pollution Prevention Plan (SWPPP), conduct routine inspections, maintain monitoring records, implement pollution prevention measures, train employees, and comply with applicable permit conditions and NJDEP regulations.

Common misconceptions

Obtaining permit coverage is only one part of compliance. Many NJPDES permits impose continuing operational, inspection, documentation, and reporting obligations throughout the life of the permit.

Key Takeaways

  • Determine whether NJPDES permit coverage is required.
    • Maintain an up-to-date SWPPP where applicable.
    • Perform required inspections and recordkeeping.
    • Train employees on compliance responsibilities.
    • Periodically review permit obligations with legal and technical professionals.

When should you contact an attorney?

Consult an environmental attorney when determining permit requirements, preparing permit applications, responding to NJDEP inspections or enforcement actions, interpreting permit conditions, or addressing ongoing compliance issues.

Contact The Law Office of Alan S. Ashkinaze

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