The NJDEP recently issued a compliance advisory prioritizing enforcement against significant non-compliant dischargers
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.
Significant Noncompliers Under the Water Pollution Control Act
A serious violation for the same pollutant, same discharge point, in any two months of any consecutive six-month period;
Exceedance of an effluent limitation expressed as a monthly average, for the same pollutant, at the same discharge point source, by any amount in any four months of any consecutive six-month period;
If there is not an effluent limitation for a particular pollutant expressed as a monthly average, exceedance of the monthly average of the daily maximums for the effluent limitation, for the same pollutant, at the same discharge point source, by any amount in any four months of any consecutive six-month period;
Any exceedance of an effluent limitation for pH by any amount, excluding the excursions specifically excepted by a NJPDES permit with continuous pH monitoring, at the same discharge point source in any four months of any consecutive six-month period; or
Failure to submit a completed discharge monitoring report in any two months of any consecutive six-month period.
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.”
Next Steps for Impacted Entities
The Advisory NJPDES advises permittees to assess their compliance status in the following ways:
Review your permit and discharge monitoring reports (DMRs). Pay particular attention to new or modified monitoring requirements.
Test as early in the month as possible to facilitate the ability to do additional monitoring. Use EPA’s Enforcement & Compliance History Online (ECHO) tool to look up your facility (see Page 2 for EPA website link).
If your facility has NJPDES violations, DEP recommends that you take immediate action to correct them and notify your Water Compliance and Enforcement inspector.
Be familiar with non-compliance reporting requirements specified in your permit, which include notifying the DEP’s hotline (1877-WARN-DEP)
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 questions, please contact us
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.
Does Your Homeowners Insurance Provide Adequate Coverage?
Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]
Understanding the Importance of a Non-Contingent Offer
Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]
Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC
Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]
Novation Agreement Process: Step-by-Step Guide for Businesses
Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]
What Is a Trade Secret? Key Elements and Legal Protections Explained
What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]
What Is Title Insurance? Safeguarding Against Title Defects
If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
The NJDEP recently issued a compliance advisory prioritizing enforcement against significant non-compliant dischargers
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.
Significant Noncompliers Under the Water Pollution Control Act
A serious violation for the same pollutant, same discharge point, in any two months of any consecutive six-month period;
Exceedance of an effluent limitation expressed as a monthly average, for the same pollutant, at the same discharge point source, by any amount in any four months of any consecutive six-month period;
If there is not an effluent limitation for a particular pollutant expressed as a monthly average, exceedance of the monthly average of the daily maximums for the effluent limitation, for the same pollutant, at the same discharge point source, by any amount in any four months of any consecutive six-month period;
Any exceedance of an effluent limitation for pH by any amount, excluding the excursions specifically excepted by a NJPDES permit with continuous pH monitoring, at the same discharge point source in any four months of any consecutive six-month period; or
Failure to submit a completed discharge monitoring report in any two months of any consecutive six-month period.
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.”
Next Steps for Impacted Entities
The Advisory NJPDES advises permittees to assess their compliance status in the following ways:
Review your permit and discharge monitoring reports (DMRs). Pay particular attention to new or modified monitoring requirements.
Test as early in the month as possible to facilitate the ability to do additional monitoring. Use EPA’s Enforcement & Compliance History Online (ECHO) tool to look up your facility (see Page 2 for EPA website link).
If your facility has NJPDES violations, DEP recommends that you take immediate action to correct them and notify your Water Compliance and Enforcement inspector.
Be familiar with non-compliance reporting requirements specified in your permit, which include notifying the DEP’s hotline (1877-WARN-DEP)
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 questions, please contact us
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.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
