What a Landlord Really Wants to See, Which NJPDES Document Counts, How to Check NJDEP Records, and What to Do If You Don't Have One
A property manager emails and asks for a copy of your stormwater permit. If you run a business in New Jersey, that message can land in a few different ways. You may know exactly which folder to open, you may not be sure you have a permit at all, or you may not have known stormwater needed one. All three are common, and the request alone doesn't mean anything is wrong.
This article covers why landlords ask, what document you would hand over (an authorization under an NJPDES general permit, an individual permit, or a Permanent No Exposure Certification), how to check what NJDEP has on file for your address, and what to do if the answer is nothing. If you'd rather talk it through with a person, you can reach out to RMA. Otherwise, the sections below take it in order.
Table of Contents
TL;DR
Landlords usually ask because the lease, a lender, an insurer, or a buyer wants proof you're handling stormwater. In New Jersey, the right document depends on your situation: the NJDEP authorization issued under a general permit such as the 5G2, an individual NJPDES permit, or a Permanent No Exposure Certification filed with NJDEP. You can check what's on file through your own records, NJDEP Online, DataMiner, or an OPRA request. If nothing exists, first confirm your business needs coverage, since many tenants don't, and then file for the right permit or certification or document in writing why you're not covered.
Why Do Landlords Ask for a Stormwater Permit in New Jersey?
Almost every one of these requests traces back to a lease clause or to someone the landlord answers to. Commercial leases commonly require the tenant to follow environmental laws and hold the permits its operations need, and some let the landlord ask for copies on request. Landlords also field questions from their own lenders, insurers, and prospective buyers, especially around a refinance or a sale. When a buyer's consultant runs a Phase I Environmental Site Assessment, tenant permits are on the checklist, and the landlord turns around and asks you.
A change on your side can set it off too, such as a new operator moving in, outdoor storage being added, or a lease renewal. If NJDEP ever asks questions about runoff from a property, the owner tends to get pulled in, so most would rather know your status ahead of time.
A request doesn't mean you need a permit. Some landlords send the same form letter to every tenant, including offices, warehouses, and retail space that NJDEP's industrial stormwater rules may not reach at all. Whether you're covered depends on what happens at your site, and we walk through what counts as stormwater associated with industrial activity in a separate article.
What Document Counts as Proof of NJPDES Stormwater Coverage?
New Jersey doesn't use one standard stormwater permit. NJDEP runs stormwater through NJPDES, the New Jersey Pollutant Discharge Elimination System, which is the state's program for permitting discharges to water. It offers several paths, and the document you'd give your landlord changes with each one.
| What you have |
What it is |
The document to hand over |
| General permit authorization |
Coverage under the Basic Industrial Stormwater General Permit (5G2) or an industry-specific general permit |
The authorization NJDEP issued for your facility, showing your facility's NJPDES number (it starts with NJG) and effective date |
| Individual permit |
A permit NJDEP wrote for one facility that doesn't fit a general permit |
The issued permit, with its facility-specific NJPDES number |
| Permanent No Exposure Certification |
An exclusion, not a permit, for facilities with every industrial material and activity inside a permanent building |
A copy of the signed certification as filed with NJDEP, plus anything NJDEP sent back |
| None of the above |
Your business isn't a regulated industrial facility, or its runoff falls under another program |
A short written explanation of why, plus any NJDEP correspondence that supports it |
What Is a General Permit Authorization for NJPDES Stormwater?
Most regulated facilities in New Jersey end up under a general permit. The 5G2 covers regulated facilities that don't fit an industry-specific permit, and the industry-specific ones cover Concrete Products Manufacturing (CPM), Hot Mix Asphalt (R4), Mining and Quarrying (R13), Sand and Gravel (RSG), Scrap Metal (SM and SM2), Vehicle Recycling (RVR), and Wood Waste Recycling and Leaf Composting (WRC). To get covered, a facility files a Request for Authorization (RFA) with NJDEP, and NJDEP issues an authorization in return. That authorization is your proof.
It carries your facility's own NJPDES number, which begins with NJG and differs from the number on the general permit itself. It also shows an effective date, and that date sets when your annual certification comes due. A common mix-up is a tenant sending the landlord the generic permit PDF from NJDEP's website, which shows the master permit number and says nothing about whether your facility is covered. Send the authorization page instead. If you're under the 5G2, your most recent annual certification makes a good companion, since it shows the inspection, training, and plan updates are current. We cover the basics of the permit in our guide to the 5G2 Basic Industrial Stormwater General Permit.
Coverage under the 5G2 also comes with a stormwater pollution prevention plan, which New Jersey often calls an SPPP. Some people call it an SP3 or just the stormwater plan, but we'll say SWPPP here. The plan generally stays at your facility instead of going to NJDEP, and we'd think twice before handing the whole document to a landlord unless the lease calls for it. The authorization and your latest annual certification usually answer the question. We explain what a SWPPP is and what goes in one separately.
What Is an Individual NJPDES Stormwater Permit?
An individual permit goes to facilities that can't eliminate exposure and don't fit any general permit, so NJDEP writes a permit for that one site. It's less common, and the issued permit is the document your landlord wants. Our article on when a facility needs an individual NJPDES industrial permit explains how a facility ends up there.
What Is a Permanent No Exposure Certification?
The Permanent No Exposure Certification is New Jersey's version of the federal no exposure exclusion, and it's stricter. Under N.J.A.C. 7:14A-24.6, every industrial material has to be stored, and every industrial activity performed, inside a permanent building anchored to a permanent foundation and completely roofed and walled. A short list of exceptions exists, such as covered, leak-proof dumpsters and vehicles in normal operating condition. You file NJDEP's certification form every five years, NJDEP can inspect to verify it, and the exclusion doesn't transfer, so a new operator files its own.
Because it's an exclusion, there's no permit number to point to. Keep the signed certification and whatever NJDEP sends back, and give your landlord those. We break down the concept further in what no exposure means.
How Do You Check NJDEP Records for Your Stormwater Permit?
If you don't know whether you have anything, or the person who handled it has left, work through these places in order. Each one answers a slightly different question, and the last two are the ones that settle it.
| Where to look |
What it can show |
Limits |
| Your own files and email |
The authorization page, annual certification copies, NJDEP emails, an old SWPPP |
Often missing if someone left or a previous operator filed it |
| Your NJDEP Online account |
Submissions and authorizations if you filed an RFA or certification through the state's online permitting portal |
You need the login used by whoever filed, and a consultant may hold it |
| NJDEP DataMiner |
NJDEP's public data portal, where you can search by category and look under the NJPDES permitting program |
Reports vary, and a facility missing from one report doesn't prove there's no permit |
| An OPRA request to NJDEP's Office of Record Access |
The permitting, compliance, and certification records NJDEP holds for a site |
Takes time, and you need to be specific about the facility |
| NJDEP's stormwater permitting staff |
A direct answer on whether a facility is covered, and under what |
Ask for the answer in writing, since a phone call won't hold up in a lease dispute |
NJDEP takes records requests under the Open Public Records Act (OPRA) through its Office of Record Access, using an online form on NJDEP's OPRA page. The form asks for one request per facility or site, and it helps to include the block and lot, the permit type, and any permit numbers you have. It also has a due diligence option for people who want the full set of permitting and compliance records for a property, which is the route a landlord's buyer or lender would likely use.
Search by facility name, street address, and county, and try former names too, since records can sit under a previous operator. An empty search tells you where to dig next. It doesn't prove that no coverage exists, so confirm with NJDEP before you tell anyone either way.
Does Your New Jersey Facility Need NJPDES Stormwater Coverage at All?
Before you assume you're missing a permit, check whether you need one. Three questions sort most cases, and the answers decide which document your landlord should be getting.
The first is whether your business falls into a regulated industrial category. NJDEP's rules key off the kind of industrial activity at the site, which is usually tied to your SIC code. Many offices, warehouses, data centers, and dealerships aren't covered, while manufacturing, recycling, mining, and similar operations often are. Transportation operations come in only for certain areas, such as vehicle maintenance, equipment cleaning, fueling-related areas, and deicing areas. The line depends on the activities at your site, so treat these as starting points.
The second is whether rain or snow can touch industrial materials or activities. If a regulated facility keeps everything inside a permanent, fully enclosed building, the Permanent No Exposure path may fit. If materials sit outside but can be covered or moved inside, a general permit such as the 5G2 may fit. If exposure can't be eliminated and no industry-specific permit applies, NJDEP may require an individual permit. Our guide to general, individual, and no exposure permits compares them side by side.
The third is where your runoff goes. Water leaving a site can head to a stream, a ditch, a municipal storm sewer, the ground, or a sanitary or combined sewer, and the rules differ. When runoff goes to a sewer, a sewerage authority's requirements may apply instead of, or alongside, an NJPDES stormwater permit. Whether that helps you depends on how your site is plumbed, so confirm it before you rely on it. For a plain-language read on the first question, see who needs a stormwater permit.
What Should You Do If No NJPDES Stormwater Permit Exists for Your Site?
If you can't find anything, don't assume the worst yet. The fix depends on which of three situations you're in.
If your business is in a regulated category and industrial materials or activities are exposed to rain, you need NJPDES coverage, usually the 5G2 or an industry-specific general permit. You'd file an RFA through NJDEP Online, put a SWPPP in place, and take on the annual inspection, training, and certification that come with the basic permit. The 5G2 is written for facilities that have eliminated exposure or can do it within six months of authorization, so a site with open storage may need to cover or relocate things first, or may end up with an individual permit. We cover what to expect in our articles on NJPDES stormwater permit requirements and how long it takes to get a New Jersey stormwater permit, and on whether you can get a stormwater permit yourself.
If everything at your site happens inside a permanent building, a Permanent No Exposure Certification may be all you need. The form is short, but the building test is strict. Open-air storage, product sitting out at a loading area, or a canopy standing in for walls generally won't meet it. NJDEP can inspect, so check the site against the form's checklist before signing.
If your business isn't regulated, document that. NJDEP has a Non-Applicability Form that facilities use to record why they don't need industrial stormwater permit coverage. Ask NJDEP's stormwater permitting staff which form fits your situation before filing anything. For many tenants, a short written explanation of what happens at the site, plus any NJDEP correspondence, is enough to answer a landlord.
If you've been running a regulated facility without coverage, get it fixed quickly. Operating without needed stormwater permit coverage is a violation, and NJDEP can send a written notice to a facility it believes is regulated asking it to apply for a permit, submit a no exposure certification, or explain why neither applies. If NJDEP has already contacted you, or your lease treats this as a default, an environmental attorney may be appropriate alongside a consultant.
What Should You Tell Your Landlord About Your Stormwater Permit Status?
Start by finding out what the request is tied to. Ask which lease section, lender, insurer, or buyer is behind it, and what exactly they need. A request for permit documentation can often be met with one page, and you shouldn't send a 60-page plan when the authorization will do.
Then answer with what you have. If you're covered, send the authorization, and your latest annual certification if they ask for it. If you filed a no exposure certification, send that. If you're not regulated, send a short letter describing what happens at the site and why NJDEP's industrial stormwater permitting doesn't apply. If you're still working it out, tell the landlord you're confirming your status with NJDEP and give a realistic date. Landlords generally respond better to a plan with a date than to silence.
Shared buildings add a wrinkle. Coverage and certifications belong to the operating entity, so each tenant running a regulated operation generally needs its own, and the building owner's paperwork doesn't automatically cover yours. The Permanent No Exposure exclusion is non-transferable, so a new operator files its own certification. If you're taking over an existing operation, ask NJDEP how a change of operator is handled for your type of coverage before you assume the old paperwork carries over.
How Can RMA Help With Your New Jersey Stormwater Permit Paperwork?
We're a family-run firm based in New Jersey, and we've been helping facilities with environmental compliance since 1992. If you're staring at a landlord's request and aren't sure what you have or what you need, we can look at your site and tell you which of the paths above applies. Sometimes that's coverage under the 5G2 or an industry-specific permit, where we prepare the RFA and the SWPPP and train your team on the annual inspection and certification. Sometimes it's a Permanent No Exposure Certification, which many facilities can file themselves. And sometimes the answer is that you don't need anything, and we'll tell you that instead of selling you a permit.
Our senior staff does the work, and we're upfront about fit. We're not the right choice for engineering design or treatment system construction, and we don't prepare construction-phase stormwater permits. If you'd rather build know-how in-house, our online training library is there for your team. You can call, email, or fill out the form on our website, with no pressure and no obligation. Whenever you're ready, contact us.
