DEP Quietly Proposes to Renew Industrial Stormwater Permit

Despite Statewide Water Pollution, DEP Forgoes Stronger Regulation

(source: NJDEP)

It is no secret that over 70% of NJ’s waterways are “impaired” and fail to meet the “fishable and swimmable” goals of the Clean Water Act and that non-point source pollution (e.g. storm water runoff) is  a primary cause of those failures  no lakes, streams, rivers, and bays meet all legally “designated uses”, i.e. for water supply, recreation, aquatic life support, shellfish harvesting, and fish consumption).

[See the Asbury Park Press’ Special report :Tainted Waters”]

Yet despite these continuing and worsening statewide failures, the NJ Department of Environmental Protection (DEP) is proposing to renew – without substantive change –  the recently expired Statewide Industrial Stormwater Master Permit (see this for the Guidance document).

The DEP’s municipal storm water management program has been the target of lawsuits and severe criticism by clean water advocates (e.g. see Delaware Riverkeeper’s Report), so the industrial program likely suffers similar flaws.

DEP’s failure to ratchet down on industrial stormwater pollution is especially troubling, because it ignores both clean water failures and program deficiencies.

Quitely published in the fine print of the most recent “DEP Bulletin” was this public notice:

Stormwater Discharge Master General Permit Renewal
Notice is hereby given that the New Jersey Department of Environmental Protection intends to renew the New Jersey Pollutant Discharge Elimination System (NJPDES) Basic Industrial Stormwater General Permit (NJ0088315), 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. The Basic Industrial Stormwater General Permit authorizes industrial stormwater discharges to the surface and/or ground waters of the State from eligible facilities throughout the State of New Jersey. No major changes have been proposed in the permit renewal.

Here is the DEP public notice and fact sheet on the proposal to renew this important statewide general permit.

According to DEP, the general permit regulates pollution discharges to surface and groundwater at up to 20,000 industrial facilities in NJ.

Pollution can include various different substances such as: toxic chemicals, oil and grease, plastics, sediment, and many other substances. While your industry may only contribute small amounts of pollution, the cumulative impact of thousands of industries, as well as the impact from everyone else, accounts for over 60% of the water quality problems in our State’s waterways. 

Industrial polluters subject to this permit have a great influence on the technical requirements of the permit and DEP oversight.

In keeping with Christie Administration DEP policy to slash “job killing red tape” and “promote economic development”, DEP openly acknowledges the role that industrial polluters play in this permit program and touts how DEP seeks to “gain an understanding of business” and reduce industry compliance costs.

DEP does not seek to disguise this polluter friendly policy:

Because of its size (affecting up to 20,000 facilities in New Jersey alone), innovative ways of permitting are being utilized that streamline the process and lower the usual economic costs of environmental regulation. The Department is working with many trade organizations to insure that the stormwater permitting process is fair, reasonable, and effective. Our staff is frequently out in the field visiting industrial sites and meeting with industry representatives to gain an understanding of their businesses. We also have an Stormwater Permitting Advisory Group which closely assists us in developing policies. 

In fact, the permit allows (@ page 2) industries to define the contents of storm water control plans, best management practices, and industry self monitors and certifies  compliance with their own “requirements” – without those annoying DEP enforcement inspections!: