New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20A - AGRICULTURAL, AQUACULTURAL, AND HORTICULTURAL WATER USAGE CERTIFICATION › Subchapter 1 - GENERAL PROVISIONS › Section 7:20A-1.4 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter
				applies to all persons who have been issued a water usage certification, and to
				other persons who are diverting, have the ability to divert 100,000 or more
				gallons of water per day for agricultural, aquacultural, or horticultural
				purposes, and to all persons who in the future seek approval to divert 100,000
				or more gallons of water per day for agricultural, aquacultural, or
				horticultural purposes except as specified below:
1. This chapter does not apply to persons who
				divert salt water except where the Department determines that a salt water
				diversion and usage may affect the utilization of fresh water.
2. Water usage certifications shall not be
				required for a person receiving water from a public water system within the
				scope of an existing water supply allocation permit. Modification of a
				certification shall be required for diversions or transfers of water from a
				water usage certification to another use not within the scope of an existing
				water usage certification regardless of the same or different ownership of the
				property.
i. Transfers of water from an
				existing water usage certification to a non-agricultural use is
				prohibited.
3. An
				applicant with a total demand of 100,000 or more gallons of water per day from
				one or cumulatively from multiple sources may be issued a water diversion
				allocation from ground and surface water sources by a single water usage
				certification in cases where:
i. The
				agricultural, aquacultural, or horticultural site or group of properties under
				common ownership or under a single authorized representative are contiguous to
				each other;
ii. The noncontiguous
				agricultural, aquacultural, or horticultural site or group of properties under
				common ownership or under a single authorized representative are all located
				within the same municipality; or
iii. The noncontiguous agricultural,
				aquacultural, or horticultural site or group of properties under common
				ownership or under a single authorized representative lie within an area of a
				square two miles on a side.
4. An application for a major modification of
				a water usage certification, as provided for under
				7:20A-2.2, 2.3 and 2.5, is not
				required for the installation of a replacement well for an existing well
				included in an existing water usage certification.
i. Prior to the installation of the
				replacement well, the holder of the existing water usage certification shall
				provide the following information to the appropriate county agricultural agent
				for the replacement well and the existing well:
(1) Location of the replacement well and the
				existing well on a map prepared in accordance with
				7:20A-2.3(e);
(2) Pump capacity and depth; and
(3) State of New Jersey assigned well permit
				number and local name or number.
ii. The holder of the water usage
				certification shall provide the State of New Jersey assigned well permit number
				for the existing well that is to be sealed to the person sealing the well. The
				existing well shall be sealed in accordance with N.J.A.C. 7:9D-3.
iii. The holder of a water usage
				certification shall notify the appropriate county agricultural agent of the
				installation of the replacement well within 30 days after the replacement well
				was installed.
iv. The county
				agricultural agent shall submit to the Department the information required
				under (a)4i above within 30 days after notification by the holder of the
				certification of the installation of the replacement well.