State Announces New Stormwater Regulations

New Jersey’s Stormwater Management Rules (N. J. A. C. 7:8) are implemented by the New Jersey Department of Environmental Protection (NJDEP or Department) through the Division of Land Use Regulation (DLUR) permit programs, (Stream Encroachment, Freshwater Wetlands, CAFRA, Waterfront Development and Coastal Wetlands). The Stormwater Management Rules (Stormwater Rules or Rules) are also implemented by local authorities through the Municipal Land Use Law (MLUL) and the Residential Site Improvement Standards (RSIS). Per the New Jersey Department of Community Affairs, the RSIS are applicable to any residential application that goes before a local board. Through the RSIS, the Stormwater Rules are activated whenever a municipality requires the control of runoff from a site that is the subject of a site or subdivision application. Therefore, consistent with its duly adopted ordinances, a municipality may require compliance with the Stormwater Rules through the RSIS whether or not a development is a “major development” as defined in the Stormwater Rules. Please note that local implementation may differ, particularly with regard to their jurisdiction. Consequently, the municipal ordinances must be examined to determine development thresholds at which the Stormwater Rules will apply.

For detailed information about the stormwater regulations, please visit the DEP website at:
http://www.njstormwater.org/

What are the new Stormwater Management Rules?
Two sets of new stormwater rules were signed by NJDEP Commissioner Bradley Campbell on January 6, 2004 and were published in the February 2, 2004 issue of the New Jersey Register. Together the two sets of rules establish a comprehensive framework for addressing water quality impacts associated with existing and future stormwater discharges.

The first set of rules are the Phase II New Jersey Pollutant Discharge Elimination System Stormwater Regulation Program (NJPDES) Rules (N.J.A.C. 7:14A). These NJPDES Rules are intended to address and reduce pollutants associated with existing stormwater runoff. The NJPDES Rules establish a regulatory program for existing stormwater discharges as required under the Federal Clean Water Act. These NJPDES Rules govern the issuance of permits to entities that own or operate small municipal separate storm sewer systems, known as MS4s. Under this program, permits must be secured by municipalities, certain public complexes such as universities and hospitals, and State, interstate and federal agencies that operate or maintain highways. The permit program establishes the Statewide Basic Requirements that must be implemented to reduce nonpoint source pollutant loads from these sources. The Statewide Basic Requirements include measures such as: the adoption of ordinances (litter control, pet waste, wildlife feeding, proper waste disposal, etc.); the development of a municipal stormwater management plan and implementing ordinance(s); requiring certain maintenance activities (such as street sweeping and catch basin cleaning); implementing solids and floatables control; locating discharge points and stenciling catch basins; and a public education component. More information about this NJPDES rule is available elsewhere on this website.

The second set of regulations is known as the Stormwater Management Rules (N.J.A.C. 7:8). These Rules set forth the required components of regional and municipal stormwater management plans, and establish the stormwater management design and performance standards for new (proposed) development. The design and performance standards for new development include groundwater recharge, runoff quantity controls, runoff quality controls, and buffers around Category One (C1) waters. Details of the performance standards can be found in Subchapter 5 of the Stormwater Management Rules.

DEP Brochures and Tip Cards The DEP’s Website “Clean Water NJ” has many tip cards that will provide information to “Solutions to Stormwater Pollution”. Residents are encouraged to download and print these helpful cards for information and reference. This material is also available FREE to the public at the Municipal Building and the Public Library for pickup.