The New Jersey Department of Environmental Protection (NJDEP) has adopted the final Tier A Municipal separate storm sewer system (MS4) General Permit. The final permit contains the same additional conditions that were presented in the draft Tier A MS4 permit, however, in response to concerns raised by permittees, the NJDEP has extended some of the compliance deadlines.
While the extension of certain compliance deadlines is appreciated, there are still major concerns with additional conditions the NJDEP has placed on the Tier A MS4 permit. Chief among them are the additional costs municipalities will encounter to ensure compliance.
These concerns are heightened for Tier B municipalities that are now being redesignated as Tier A. The League maintains that a number of these additional requirements constitute an unfunded state mandate that, without appropriate offsetting state funding, are unenforceable.
The League is still reviewing the final Tier A MS4 permit and will have a more in-depth review prepared shortly.
Contact: Frank Marshall, Esq., Associate General Counsel, firstname.lastname@example.org, 609-695-3481, x137.