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New Jersey

SWPPP requirements in New Jersey

New Jersey issues its own construction general permit. We have read NJPDES Master General Permit for Construction Activity Stormwater (5G3), Permit Number NJ0088323 and list below the requirements we could cite to it, with the scope limits stated plainly. Screen your own acreage further down.

Who may prepare the plan

A credentialed preparer is required

New Jersey requires a credentialed preparer. Treat the generated document as a complete draft for that person to review, adopt and sign. It is not by itself a compliant filed plan.

Qualifying routes

  • NJ-licensed Professional Engineer (seal required for engineering-related items of the soil erosion & sediment control plan)
  • NJ-licensed Architect (seal required for engineering-related items of the soil erosion & sediment control plan)
  • Plan certification by the local Soil Conservation District (or State Soil Conservation Committee, or municipal soil erosion ordinance approval under N.J.S.A. 4:24-48) is required regardless of who prepares the plan

Confirmed verbatim on the official SSCC251 form footnote, present in both the January 2014 and May 2022 editions of the Standards document, and consistent with this dataset's prior 'conditional' finding at N.J.A.C. 2:90-1.4(c)4. No acreage threshold conditions this seal requirement; it applies to the 'engineering related items' of any plan submitted for Soil Conservation District certification. Independent of the PE/Architect seal, the complete plan must be certified/approved by the local Soil Conservation District before land disturbance may commence, and authorization terminates if that district certification is rejected, expires, or is not renewed. No separate personal inspector-style credential (e.g. CESCL/CPESC) is imposed by the permit itself.

Verified5G3 CGP (NJPDES Permit No. NJ0088323) Part I.E.1.b-c, incorporating by reference the 'Standards for Soil Erosion and Sediment Control in New Jersey,' Appendix A2 / SSCC251 application form ('Engineering related items of the Soil Erosion and Sediment Control Plan MUST be prepared by or under the direction of and be sealed by a Professional Engineer or Architect licensed in the State of New Jersey, in accordance with NJAC 13:27-6.1 et. seq.'); underlying statute N.J.S.A. 4:24-43 (Soil Erosion and Sediment Control Act, Ch. 251, P.L. 1975)Source

Coverage trigger

Worked through at 3 acres

The project disturbs 3 acres, at or above the 1 acre threshold, so it needs permit coverage.

The trigger people miss is the second one. A half acre lot inside a 40 acre subdivision is covered, because the larger common plan of development or sale is what counts, not the lot.

Read these before you act on the answer

  • Requirements below are what we have read and cited directly from NJPDES Master General Permit for Construction Activity Stormwater (5G3), Permit Number NJ0088323, not the federal CGP. A category we have not yet transcribed from this permit is omitted here rather than assumed to match EPA's rule.
  • NJ's 5G3 permit is structurally very different: it is a short narrative permit that leans on two external instruments -- the Soil Erosion and Sediment Control Act and the 'Standards for Soil Erosion and Sediment Control in New Jersey' -- for most site-specific numeric BMP design/timing rules, rather than stating them itself. The permit text does not specify a 'qualified person' credential for the weekly inspection, so inspection.qualifiedPerson is omitted. It has no federal-style BMP-deficiency correction-deadline framework -- the only numeric deadlines found are general NJPDES noncompliance/spill-reporting deadlines incorporated by reference, not BMP-corrective-action deadlines per se. No buffer/setback distance requirement appears anywhere in the 5G3 permit text. No numeric effluent benchmarks exist -- the permit is entirely narrative/BMP-based. The general disturbed-area stabilization timing is corroborated only via a New Jersey county Soil Conservation District's published construction-plan notes reflecting the state Standards, not the primary Standards document itself, which was not independently located.
  • New Jersey requires a credentialed preparer. Treat the generated document as a complete draft for that person to review, adopt and sign. It is not by itself a compliant filed plan.
  • Basinwise does not perform the physical site inspections the permit requires. Those must be carried out on site by a qualified person.

What the permit requires of a New Jersey site

Worked for a three acre site with the receiving water unconfirmed. Each line says why it attached to this site rather than in general. Check the notes above for the site sizes this permit does not cover.

Filing

Plan before Notice of Intent

NJ's RFA cannot be certified by the Department until the facility's soil erosion and sediment control plan has already been certified by the local Soil Conservation District (or State Soil Conservation Committee, or approved by municipal ordinance); land disturbance may not begin until that authorization is effective.

For all facilities the Department shall certify the RFA if the requirements above have been satisfied, and if: i. The Soil Conservation District has certified the facility's plan for soil erosion and sediment control under N.J.S.A. 4:24-43...
Verified5G3 Final Permit (NJPDES No. NJ0088323, eff. 3/1/2022), Part I.D.5.a.i and Part I.E.3.aSource

Inspections

Inspection frequency, option 1
7

Weekly inspections of areas of construction activity to identify areas contributing to the authorized stormwater discharge and evaluate SPPP implementation; unlike federal/other-state CGPs, the 5G3 permit text imposes no additional rain-event-triggered inspection requirement.

Why this applies here: You have not confirmed whether the site discharges to an impaired or high quality water. If it does, the increased frequency applies instead and this answer changes.

The permittee shall conduct and document weekly inspections of the areas of industrial activity or small construction activity to identify areas contributing to the stormwater discharge authorized by this permit and evaluate whether the stormwater pollution prevention plan (SPPP) identified under E.1, above, is being properly implemented and maintained, or whether additional measures are needed to implement the SPPP.
Verified5G3 Final Permit (NJPDES No. NJ0088323, eff. 3/1/2022), Part I.E.5.aSource

Stabilisation

Initiate stabilisation

Exposed soil stockpiles must be stabilized once exposed for more than 14 days (reduced from a prior 30-day standard), aligning NJ with the federal non-numeric minimum stabilization standard.

Why this applies here: This applies at both land disturbance amounts.

Consistent with the federal non-numeric minimum standards, the Stockpile Stabilization requirement was modified to change the requirement to stabilize soil stockpiles that are exposed for more than thirty (30) days to fourteen (14) days.
VerifiedNJDEP Fact Sheet, General Stormwater Permit No. NJ0088323 (effective 3/1/2022), 'BACKGROUND' sectionSource

Records you must keep

Corrective action log entries

A written submission with the required noncompliance details must reach the Department within 5 days of the discharge (or of becoming aware of it), if not already submitted.

The permittee shall ensure that the written submission required pursuant to this subsection is submitted to the Department within five days of the commencement of the discharge or of the permittee becoming aware of the discharge.
VerifiedN.J.A.C. 7:14A-6.10(e)(1), incorporated by reference into the 5G3 permit at Part I.F.2.d.ivSource
Record retention
5

A copy of the SPPP (which governs the documented weekly inspections) must be retained for at least 5 years after completion of construction; the Department may extend this period by written request.

Why this applies here: The clock runs from permit expiry or termination, not from when the record was written, so on a multi year project every record stays live for the whole project plus three years.

A copy of this SPPP shall be retained by the permittee for a period of at least five (5) years after the completion of construction. This period may be extended by written request of the Department at any time (see N.J.A.C. 7:14A-6.6)
Verified5G3 Final Permit (NJPDES No. NJ0088323, eff. 3/1/2022), Part I.E.1.aSource

Screen a New Jersey site now

Your acreage, your receiving water, your answer. Runs in your browser, nothing is transmitted.

Screen your site

Runs in your browser

Total land disturbance over the whole project, including staging and access. This decides whether you need a permit at all.

Optional. If you phase the work, the most that will be disturbed at once. Leave blank if the whole site is open together. The stabilisation deadline turns on this figure, not the total.

A half acre lot inside a 40 acre subdivision is covered even though the lot alone is under the threshold. This is the most commonly missed trigger in the permit.

Receiving water and site conditions(optional, but they change the inspection frequency)

May allow a reduced inspection frequency during the seasonally dry period.

EPA keeps permitting authority in Indian country even inside a state that runs its own programme.

No account, no card, nothing transmitted.

What a plan has to cover, under the federal permit

This is EPA's list, from the 2022 Construction General Permit. It does NOT govern in New Jersey, where the state issues its own permit and sets its own contents. It is here as a shape to expect, not as the requirement you will be held to.

General SWPPP requirementPart 7.1Verified
  • All operators associated with a construction site under this permit must develop a SWPPP consistent with Part 7 prior to their submittal of the NOI. The SWPPP must be kept up-to-date throughout coverage under this permit. If a SWPPP was prepared under a previous version of this permit, the operator must review and update it before submitting an NOI.
All Site OperatorsPart 7.2.1Verified
  • Include a list of all other operators who will be engaged in construction activities at the site, and the areas of the site over which each operator has control.
Stormwater TeamPart 7.2.2Verified
  • Identify the personnel (by name and position) on the stormwater team pursuant to Part 6.1, their individual responsibilities, and which members are responsible for conducting inspections. Include verification that each member has received the Part 6.2 training, and documentation that inspection personnel have received the Part 6.3 training (EPA inspector training certificates, or documentation of a current non-EPA program certification plus confirmation the program satisfies the Part 6.3b minimum elements).
Nature of Construction ActivitiesParts 7.2.3a - 7.2.3iVerified
  • A description of the nature of your construction activities, including the age or dates of past renovations for structures undergoing demolition
  • The size of the property (in acres, or length in miles if a linear construction site)
  • The total area expected to be disturbed by the construction activities (to the nearest quarter acre, or nearest quarter mile if a linear construction site)
  • A description of any on-site and off-site construction support activity areas covered by this permit
  • The maximum area expected to be disturbed at any one time, including on-site and off-site construction support activity areas
  • A description and projected schedule for: commencement of construction activities in each portion of the site (clearing and grubbing, mass grading, demolition, site preparation, final grading, and creation of soil and vegetation stockpiles requiring stabilization); temporary or permanent cessation of construction activities in each portion; temporary or final stabilization of exposed areas for each portion; and removal of temporary stormwater controls and construction equipment or vehicles and cessation of construction-related pollutant-generating activities
  • A list and description of all pollutant-generating activities on the site, with an inventory of pollutants or pollutant constituents associated with each, taking into account where potential spills and leaks could occur and any known hazardous or toxic substances such as PCBs and asbestos that will be disturbed or removed
  • Business days and hours for the project
  • If conducting construction activities in response to a public emergency, a description of the cause of the emergency, information substantiating its occurrence (e.g. a State disaster declaration), and a description of the construction necessary to reestablish affected public services
Site MapParts 7.2.4a - 7.2.4kVerified
  • Boundaries of the property
  • Locations where construction activities will occur, including: locations of earth-disturbing activities (noting any phasing) including demolition; approximate slopes before and after major grading (noting any steep slopes); locations where sediment, soil or other construction materials will be stockpiled; any receiving water crossings; designated points where vehicles will exit onto paved roads; locations of structures and other impervious surfaces upon completion; and locations of on-site and off-site construction support activity areas
  • Locations of any receiving waters within the site and all receiving waters within one mile downstream of the site's discharge point(s), identifying whether any are listed as impaired or identified as a Tier 2, Tier 2.5 or Tier 3 water
  • Any areas of Federally listed critical habitat within the action area of the site
  • Type and extent of pre-construction cover on the site (e.g. vegetative cover, forest, pasture, pavement, structures)
  • Drainage patterns of stormwater and authorized non-stormwater before and after major grading activities
  • Stormwater and authorized non-stormwater discharge locations, including discharges to storm drain inlets (noting whether the inlet conveys stormwater to a sediment basin, sediment trap or similarly effective control), discharges directly to receiving waters, and locations where turbidity benchmark monitoring will take place
  • Locations of all potential pollutant-generating activities identified in Part 7.2.3g
  • Designated areas where construction wastes covered by the Part 2.3.3e.ii exception will be stored
  • Locations of stormwater controls, including natural buffer areas and any shared controls utilized to comply with this permit
  • Locations where polymers, flocculants or other treatment chemicals will be used and stored
Non-Stormwater DischargesPart 7.2.5Verified
  • Identify all authorized non-stormwater discharges in Part 1.2.2 that will or may occur.
Procedures for Inspection, Maintenance, and Corrective ActionParts 7.2.7a - 7.2.7eVerified
  • The inspection schedule you will follow, based on whether your site is subject to Part 4.2 or Part 4.3, or whether it qualifies for any of the reduced inspection frequencies in Part 4.4
  • If conducting inspections under Part 4.2.2, Part 4.3 or Part 4.4.1b, the location of the rain gauge or the address of the weather station you will use to obtain rainfall data
  • If reducing your inspection frequency in accordance with Part 4.4.1b, the beginning and ending dates of the seasonally defined arid period for your area or the valid period of drought
  • If reducing your inspection frequency in accordance with Part 4.4.3, the beginning and ending dates of frozen conditions on your site
  • Any maintenance or inspection checklists or other forms that will be used
Procedures for Turbidity Benchmark Monitoring from Dewatering Discharges (if applicable)Part 7.2.8Verified
  • If required to comply with the Part 3.3 turbidity benchmark monitoring requirements, describe the procedures you will follow to collect and evaluate samples, report results to EPA, keep records of monitoring information, and take corrective action when necessary. Include the specific type of turbidity meter you will use and any manuals or manufacturer instructions on how to operate and calibrate it. Describe any coordinating arrangement with other permitted operators on the same site, including which parties are tasked with specific responsibilities. If EPA has approved an alternate turbidity benchmark, include the data and documentation relied on to request it.
Compliance with Other RequirementsParts 7.2.9a - 7.2.9cVerified
  • Threatened and Endangered Species Protection: include the documentation required in the Endangered Species Protection section of the NOI in NeT, or the ESA worksheet in Appendix D, supporting your eligibility
  • Historic Properties: include the documentation required in Appendix E supporting your eligibility with regard to the protection of historic properties
  • Safe Drinking Water Act Underground Injection Control (UIC) requirements: if using infiltration trenches, commercially manufactured pre-cast or pre-built proprietary subsurface detention vaults/chambers/devices designed to capture and infiltrate stormwater, or drywells, seepage pits or improved sinkholes, document any contact with the applicable State agency or EPA Regional Office responsible for underground injection wells. Such controls would generally be considered Class V UIC wells
SWPPP CertificationPart 7.2.10Verified
  • Your signatory must sign and date your SWPPP in accordance with Appendix G, Part G.11.
Post-Authorization Additions to the SWPPPParts 7.2.11a - 7.2.11cVerified
  • A copy of your NOI submitted to EPA along with any correspondence exchanged between you and EPA related to coverage under this permit
  • A copy of the acknowledgment letter you receive from NeT assigning your NPDES ID (i.e. permit tracking number)
  • A copy of this permit (an electronic copy easily available to the stormwater team is also acceptable)

Read the permit itself at the source document.

What people ask about SWPPP requirements in New Jersey

What are the SWPPP requirements in New Jersey?

New Jersey issues its own construction general permit, and we have read NJPDES Master General Permit for Construction Activity Stormwater (5G3), Permit Number NJ0088323. The requirements listed on this page, such as inspection frequency, who may inspect, stabilisation, corrective action and record retention, are cited to that permit rather than to EPA's. Anything we have not transcribed is left out instead of assumed to match the federal rule, and the scope note on this page says which sites the permit does not cover. Confirm the current permit and any site-size variant with New Jersey Department of Environmental Protection (NJDEP), Bureau of NJPDES Stormwater Permitting and Water Quality Management.

Who may prepare a SWPPP in New Jersey?

New Jersey requires a credentialed preparer. Treat the generated document as a complete draft for that person to review, adopt and sign. It is not by itself a compliant filed plan.

How often must a New Jersey site be inspected?

The inspection frequency is set by the New Jersey construction general permit, which we have not read. Confirm it with New Jersey Department of Environmental Protection (NJDEP), Bureau of NJPDES Stormwater Permitting and Water Quality Management.

Who may prepare a stormwater plan in New Jersey

The permit makes you keep the record, not just know the answer

Screening is free. Pro generates the site specific plan document and retains the inspection and corrective action log.

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