Updated NJDEP Stormwater Regulations, Released November 2023
May 30, 2024

The NJDEP has updated their stormwater general permit: are you ready? 

The effects of climate change are becoming ever more present on our society. In order to help address the effects it has had on municipal stormwater systems, most notably through large scale flooding events, the NJDEP has created broad changes to its Stormwater General Permit for all NJ municipalities. SESI has put together an overview of the changes and how this will impact municipalities moving forward. For stormwater program coordinators who are looking for a more comprehensive breakdown of these changes and the new responsibilities of each township please see regulations table by clicking here or scroll to the bottom of page. 

BACKGROUND OF THE STORMWATER GENERAL PERMIT 

In 1983, New Jersey adopted its first set of Stormwater Management rules. Over the last 3 decades these rules have been modified and amended to better meet the needs of the municipalities and to alleviate flood damage and contamination of New Jersey’s waterways. However, the past few years have brought significant changes to these regulations for municipalities, private developers, and homeowners alike.  

Municipal Stormwater Requirements 

In 2004 the original municipal stormwater permit was published to bring NJ stormwater management rules in compliance with Federal Stormwater Regulations (under CFR 122.34(b)) and Statewide Basic Requirements. These measures sought to: 

• increase public outreach and education 
• implement updated Best Management Practices (BMPs) 
• expand municipal personnel training requirements 
• develop a digital outfall map 
• place a focus on municipal enforcement of long-term maintenance of privately and publicly owned stormwater facilities 
• address illicit discharges and improper disposal of waste 
• provide regulations for the management of construction site runoff 

Jump to regulations

The stormwater permit also created a two-tier classification system for municipalities in the state (see map provided, link to list of Tier A, Tier B): 

Tier A – Required full compliance with the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) General Permit Remand Rule 

Tier B – Subject to fewer requirements on smaller and more rural communities in noncoastal portions of the state 

Since its publication in 2004 the municipal stormwater permit has undergone several changes during each of its five-year renewal periods. 

The latest implementation of the stormwater permit (1/1/2023) ended the two-tiered system requiring all municipalities will comply with the rules and regulations within the Tier A Stormwater Permit. This is to create more uniform compliance with federal regulations under the United States Environmental Protection Agency (US EPA) Phase II Rules. To lessen the need for rushed action and financial strain on behalf of former Tier B municipalities, the NJDEP issued a staggered compliance schedule.  

Additionally, the permit addresses stormwater quality issues for both new and existing development, increases preventative measures and inspection/reporting requirements, and expands community engagement to reduce non-point sources of pollution.  

ENFORCEMENT 

A focus of the latest permit is ensuring compliance with local ordinances and fining violations of Private Stormwater Management Plans. Municipalities must develop, update, and maintain a comprehensive MS4 Stormwater Infrastructure Map including all publicly and privately owned stormwater infrastructure, impervious cover, and other relevant data by 2026.  

Each municipality is also responsible for creating and maintaining a map of all municipally owned outfalls. These two inventories complement one another in understanding the overall MS4 stormwater system management. Additional data can help to augment this system including the collection of inlets and catch basins, manholes, and mapping storm sewer size, flow direction, and pitch. Together these datasets can provide a digital maintenance tracking system which helps to ensure continued compliance with the rules set forth under the Tier A Municipal Stormwater Permit. 

SESI is aware of the changing regulatory climate, evolving requirements, and their impact on municipalities. We are here to help you navigate the complexities associated with maintaining compliance while overseeing municipal planning and design. 

HOW SESI CAN HELP

• Developing a Watershed Improvement Plan (WIP) 
• Stormwater Pollution Prevention Plan (SPPP) 
• Municipal Stormwater Management Plan 
• Maintenance and upkeep of assets  
• Stormwater Infrastructure Inspections 
• Fulfilling Required Digital Deliverables: 
  • Mapping MS4 stormwater infrastructure to ensure all assets are being accounted for now and in the future 
  • Mapping all outfalls both public and private 
  • Digital data for submissions to the NJDEP - shapefiles or AutoCAD DWG files 

For additional reference: NJDEP's Bureau of NJPDES Stormwater Permitting and Water Quality Management - Tier A MS4 Stormwater Permit

EDPA – Effective Date of Permit Authorization (January 1, 2023)  

Organized by Update Status and then in the order of the Stormwater Document 

FORMER NJ MUNICIPAL STORMWATER GENERAL PERMIT CLASSIFICATIONS 

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