My New Jersey stormwater permit expired, what should I do?

We explain what to do with your expired New Jersey stormwater permit.

If your facility is covered under a New Jersey stormwater permit, chances are pretty good your permit is expired. If you're like the countless folks who have already emailed or called us and asked what should they do, you've come to the right place.

We get a lot of phone calls and emails from a variety of facilities all over New Jersey asking about their stormwater permits. Specifically, we talk to a lot of folks who get worried about their permit being expired. They call because they're naturally worried they'll get into some sort of trouble with the NJDEP, and people want to know...

My New Jersey stormwater permit is expired! What should I do?

It's a great question, we hear it a lot, and fortunately can shed some light on the subject, regardless of your permit. Let's get into it.

NJ Stormwater Permits & Expiration Dates

Let's clear a few things up first before we dive into it.

When I say stormwater permits, I mean NJPDES permits, which are the version of NPDES permits created by the NJDEP for New Jersey.

Most stormwater permits issued by the NJDEP are general permits, which can only be reauthorized by the state. These permits were issued once, often to cover a whole industry. Think of it this way - when your permit expires, so does your competitor's. Everyone in your industry is (most likely) in the same boat.

All permits have an effective date and an expiration date. Generally, stormwater permits in New Jersey are only good for 5 years. When a permit expires, it's up to the state to reauthorize it. From our experience, we normally see some changes from an expired permit to a new permit, meaning when your new permit is issued, you'll likely need stormwater training to get up to speed with your responsibilities.

There are a lot of different types of stormwater permits in New Jersey. At this point, there are 14 stormwater discharge general permits covering a wide range of facilities all across the state. Ready for the kicker? Out of those 14 permits, 8 of them are expired. We'll let you know which ones below.

Knowing your options, as well as your responsibilities, when your permit expires can make the difference between remaining in compliance and facing a violation or penalty.

What to do with expired New Jersey stormwater permits.

Normally when any other type of state-issued approval or permit is nearing expiration, it's your job to prepare and submit a renewal application.

Take your driver's license for example. It's your responsibility to head over to the DMV, bring your paperwork, and get a new one.

Fortunately, stormwater permits in New Jersey don't work the same way.

Stormwater permits in New Jersey are NJPDES permits, which are the NJ version of NPDES permits. There's a funny thing about the way these permits are created, regardless of who creates them. They nearly always have a clause in them that more or less says "if your NJPDES stormwater permit expires, unless something else happens, they remain in force and in effect".

So if your NJPDES stormwater permit expires, guess what? It remains in effect and in force, at least until something else happens.

What else could happen? Well, the permit could be re-authorized. It could be completely revoked, and you might have to seek coverage under some other type of permit. You could voluntarily ask to have your coverage revoked in favor of some other NJPDES permit's coverage. You could be denied further coverage and be required to get covered under some other permit. A whole host of things could happen.

But what if nothing happens? Then you sit and wait.

You wait for the applicable expired NJPDES stormwater permit to be "renewed". Really it will be re-issued and re-authorized for use, by the NJDEP. Then, if you wish, you continue your coverage under the new version of the same permit you had before. If you don't like the new version of the permit, seek coverage under another type of permit. It's that simple.

So in other words, if your stormwater permit expired, you probably don't have to do a darn thing. Just sit and wait for the NJDEP to issue a new one.

But here's the rub. You MUST continue on doing everything you were doing under your expired stormwater permit, just as if it never expired, unless you are explicitly told by the NJDEP otherwise.

Stormwater sampling and monitoring? Keep doing it.

Monthly inspections? Keep doing them.

Annual certifications? Keep doing them.

And so on, just like nothing changed!

Now here's the "legal disclaimer". Not all stormwater permits are general permits. Some are a different type of permit, called an "individual permit". If you don't know exactly what type of permit you have, find out. Ask your environmental guy, ask a consultant, or call us and we'll walk you through it. And, if you don't know exactly when your permit expires, find out about that too. In some cases, you do have to submit a renewal application before your permit expires. It's your responsibility to know when and why!

Currently Expired NJ Stormwater Permits

This really gets me going. As of the date of writing this, these permits are expired:

• Mining & Quarrying General Permit - Expired 4/30/2010

• Concrete Products Manufacturing Permit - Expired 10/31/2013

• Public Complex Permit - Expired 2/28/2014

• Highway Agency Permit - Expired 2/28/2014

• Tier A & Tier B Municipal Permits - Expired 2/28/2014

• Hot Mix Asphalt Producer's Permit - Expired 4/30/2014

• Wood Recycler's Permit - Expired 11/30/2014

For those counting, that's 8 of the 14 general permits that have expired. More than half of the stormwater permits in New Jersey are expired. Most have been expired for over a year! One has been expired for almost 5 years at this point!

You can imagine there are a lot of anxious folks out there with expired NJPDES stormwater permits. If you're one of those people, here're the most important things you need to know.

1. Know if you have a general or an individual stormwater permit issued by NJDEP. It makes a huge difference. General permits remain in effect and chances are good that your individual one won't.
2. Know exactly what permit you have, and when your expiration date is.
3. Confirm for certain that it's okay to sit it out and wait for the replacement permit. Call the NJDEP on this, or contact someone who can help.
4. Keep on doing what you have always been doing, until told otherwise by someone who knows what they're talking about! No exceptions here!
5. Get involved! Find out what's going on with the renewal version, and prod the NJDEP into getting that renewal permit issued. They wouldn't let you be 5 years overdue on filing paperwork, why let them off the hook for not getting your permit issued in a reasonably timely manner?

On a side note, here're two additional articles you might find helpful regarding NJPDES stormwater permits:

• Which NJPDES permit should I use? A review of NJ stormwater permits

• NJPDES Permit Requirements NJ Facilities Can Actually Understand

One last thing. Don't, for a moment, think the NJDEP doesn't know where you are, or has forgotten about you. When you need to know something, they'll let you know. To learn more about New Jersey stormwater permits and regulations, click here to contact us or call us at 609-693-8301 to discuss your problems today.