Recently NJDEP has begun conducting large numbers of inspections at facilities that have stormwater no-exposure certificates. In the past, as long as a facility submitted their certification paperwork every five years, they were extremely unlikely to be inspected as long as there were no citizen complaints. Beginning in the fourth quarter of 2015, Baron observed that DEP was conducting inspections at many of these facilities. The pace of inspections has increased in 2016 especially in the Northern Region which comprises the counties of Bergen, Essex, Hudson, Hunterdon, Morris, Somerset, Passaic, Sussex and Warren.
Baron recommends that all facilities that are covered by no-exposure certificates should review the attached Eligibility Requirements to ensure that they are currently meeting all of requirements existing for this type of permit exemption.
If the Department finds that a facility is not meeting the requirements, then a Field NOV will be issued requiring the facility to submit a General Storm Water Permit application within 30 days.