Daniel T. McKillop
Partner
201-896-7115 dmckillop@sh-law.comAuthor: Daniel T. McKillop|July 9, 2021
The New Jersey Department of Environmental Protection (NJDEP) recently issued a compliance advisory (Advisory) directed to New Jersey Pollutant Discharge Elimination System (NJPDES) permit holders who submit discharge monitoring reports. The Advisory warns that the NJDEP is prioritizing enforcement against significant non-compliant dischargers.
The New Jersey Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq., is implemented by regulations at N.J.A.C. 7:14-2.1 et seq. The regulations define a “Significant noncomplier” (SNC) as any person, except a local agency for an exceedance of an effluent limitation for flow, who commits any of the following violations:
As set forth in the Advisory, the Environmental Protection Agency (EPA) has established the reduction of significant non-compliance as a National Compliance Initiative. The NJDEP has also made it one of its own priorities, and the advisory is designed to help NJPDES permittees achieve or maintain compliance and avoid potential enforcement and penalties. “If you own or operate a facility with a permit issued under the NJPDES program, including a state-issued permit under the New Jersey Water Pollution Control Act, you have an obligation to comply with the effluent limits, reporting requirements, and other requirements in the permit,” the Advisory states. “Non-compliance may subject you to substantial penalties through enforcement actions.”
The Advisory NJPDES advises permittees to assess their compliance status in the following ways:
We encourage impacted entities to review the Advisory and take any applicable recommendations provided by the NJDEP. For additional compliance assistance, we encourage working with an experienced New Jersey environmental attorney.
If you have any questions or if you would like to discuss the matter further, please contact me, Dan McKillop, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
Partner
201-896-7115 dmckillop@sh-law.comThe New Jersey Department of Environmental Protection (NJDEP) recently issued a compliance advisory (Advisory) directed to New Jersey Pollutant Discharge Elimination System (NJPDES) permit holders who submit discharge monitoring reports. The Advisory warns that the NJDEP is prioritizing enforcement against significant non-compliant dischargers.
The New Jersey Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq., is implemented by regulations at N.J.A.C. 7:14-2.1 et seq. The regulations define a “Significant noncomplier” (SNC) as any person, except a local agency for an exceedance of an effluent limitation for flow, who commits any of the following violations:
As set forth in the Advisory, the Environmental Protection Agency (EPA) has established the reduction of significant non-compliance as a National Compliance Initiative. The NJDEP has also made it one of its own priorities, and the advisory is designed to help NJPDES permittees achieve or maintain compliance and avoid potential enforcement and penalties. “If you own or operate a facility with a permit issued under the NJPDES program, including a state-issued permit under the New Jersey Water Pollution Control Act, you have an obligation to comply with the effluent limits, reporting requirements, and other requirements in the permit,” the Advisory states. “Non-compliance may subject you to substantial penalties through enforcement actions.”
The Advisory NJPDES advises permittees to assess their compliance status in the following ways:
We encourage impacted entities to review the Advisory and take any applicable recommendations provided by the NJDEP. For additional compliance assistance, we encourage working with an experienced New Jersey environmental attorney.
If you have any questions or if you would like to discuss the matter further, please contact me, Dan McKillop, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
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