Yes. New Jersey's 5G3 Construction Activity Stormwater General Permit requires permittees to conduct and document weekly inspections of construction areas. The inspection evaluates whether the Stormwater Pollution Prevention Plan is properly implemented and maintained and whether additional control measures are needed.
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What is New Jersey's 5G3 permit and when does it require weekly SWPPP inspections?
New Jersey's 5G3 permit is the state's NJPDES Construction Activity Stormwater General Permit, issued by the New Jersey Department of Environmental Protection. The current permit is NJPDES General Permit No. NJ0088323, effective March 1, 2022, and expiring February 28, 2027.
Part I of the permit establishes the routine-inspection requirement. The permittee must conduct and document weekly inspections of areas of industrial activity or small construction activity contributing to the authorized stormwater discharge. The inspection determines whether the SPPP is properly implemented and maintained and whether additional control measures are necessary.
The 5G3 permit is issued through local Soil Conservation Districts. Construction authorized under 5G3 must be performed in accordance with an SPPP containing the applicable soil erosion and sediment control and construction-site waste-control components.
The full permit text is available at the New Jersey DEP 5G3 final permit.
Who must conduct the weekly inspections under New Jersey's 5G3 SWPPP permit?
The permittee is responsible for conducting and documenting the inspections. The permit does not specify a particular certification or credential for the inspector, but the inspection must be thorough enough to determine whether the SPPP is properly implemented and whether additional control measures are necessary.
Many contractors hire qualified stormwater professionals to perform these inspections and maintain the required documentation. Pro SWPPP performs weekly inspections for New Jersey construction sites, documents findings and recommends corrective actions when needed.
See the SWPPP plan request form.
Can New Jersey's 5G3 weekly SWPPP inspection requirement be reduced or suspended?
Yes, but only with written approval from the Soil Conservation District office overseeing the project. If onsite industrial or small construction activities have ceased or are expected to cease for at least six months, the permittee may seek suspension of the routine-inspection requirement or a reduction to monthly inspections.
This change is not automatic. The permittee must request and receive written approval from the local Soil Conservation District before reducing or suspending inspections. Most active construction sites remain subject to the weekly inspection schedule throughout the duration of the project.
Does New Jersey's 5G3 permit also require storm-event SWPPP inspections?
The routine-inspection provision in Part I of the current 5G3 permit establishes the weekly inspection requirement. The cited permit text in that provision does not establish a rainfall amount or a specific within-24-hours storm-event deadline.
Some construction stormwater permits in other jurisdictions require inspections after rainfall events of a certain depth, typically within 24 hours. If your New Jersey project is subject to additional requirements beyond the 5G3 permit, such as a project-specific approval or a separate authorization, those requirements may include storm-event inspection obligations. Always confirm the complete set of inspection requirements with the Soil Conservation District issuing your 5G3 authorization.
How does New Jersey's 5G3 weekly SWPPP requirement compare to other state and federal permits?
New Jersey's state-administered 5G3 program is distinct from EPA's federal construction stormwater permit. The 5G3 weekly-inspection requirement should be attributed to New Jersey's NJPDES permit, not described as an EPA condition or as a nationwide requirement.
Different states administer their own construction stormwater permits with varying inspection schedules. Some require inspections every seven calendar days, some require inspections after rainfall events of a specified depth, and some require both. If you work in multiple states, confirm the inspection schedule for each project's specific permit. Do not assume that New Jersey's weekly requirement applies elsewhere, or that another state's schedule satisfies New Jersey's 5G3 obligation.
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What must be documented during New Jersey's 5G3 weekly SWPPP inspections?
The inspection must document whether the SPPP is being properly implemented and maintained and whether additional control measures are needed. This includes evaluating the condition and performance of erosion and sediment controls, identifying areas where controls have failed or are inadequate, and noting any necessary corrective actions.
Proper documentation includes the date of the inspection, the name of the inspector, observations of site conditions, and any deficiencies or corrective actions identified. The permittee must retain these records and make them available to the Department or the Soil Conservation District upon request. Pro SWPPP provides detailed inspection reports that meet New Jersey's 5G3 documentation requirements, including photographs, findings and recommended corrective actions.
What else should New Jersey contractors know about 5G3 weekly SWPPP inspection requirements?
Is New Jersey's 5G3 SWPPP permit the same as EPA's Construction General Permit?
No. New Jersey's 5G3 permit is a state-administered NJPDES permit issued by the New Jersey Department of Environmental Protection through local Soil Conservation Districts. It is not the same as EPA's federal Construction General Permit, and the inspection requirements differ.
When does the weekly SWPPP inspection schedule start under New Jersey's 5G3 permit?
The weekly inspection schedule begins when construction activity subject to the 5G3 permit commences. The permittee must conduct inspections throughout the duration of the project unless the Soil Conservation District approves a reduction or suspension in writing.
Can I perform New Jersey 5G3 SWPPP inspections myself or must I hire a professional?
The permit requires the permittee to conduct and document the inspections but does not mandate a specific certification. Many contractors hire qualified stormwater professionals to ensure thorough inspections and proper documentation. Pro SWPPP performs weekly inspections for New Jersey construction sites and maintains the required records.
Where can I find more information about New Jersey's 5G3 SWPPP permit?
The full 5G3 permit, NJPDES Permit No. NJ0088323, is published as a PDF on NJDEP's site, and the permit and fact sheet are listed on NJDEP's Division of Water Quality permits page. Contact your local Soil Conservation District for project-specific guidance on getting your soil erosion and sediment control plan certified.
What happens if I miss a weekly SWPPP inspection under New Jersey's 5G3 permit?
Failure to conduct and document required inspections is a permit violation. The Department or the Soil Conservation District may require corrective action, and repeated violations can result in enforcement. Maintain a consistent inspection schedule and complete documentation to avoid compliance issues.
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By Derek E. Chinners, CPESC — Founder & Stormwater Consultant, Pro SWPPP, LLC