reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9E - PRIVATE WELL TESTING ACT RULES › Subchapter 3 - REPORTING AND DATA VALIDITY › Section 7:9E-3.2 - Electronic data submittal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The reporting
				laboratory shall electronically submit a complete set of required information,
				pursuant to
				7:9E-3.1(a)2, to
				the Department at one time, and in the format(s) prescribed by the Department
				in accordance with (b) and (c) below.
(b) Prior to submitting data electronically
				to the Department, the laboratory manager and/or assigned designee shall
				register with the Department by accessing the Department's electronic website
				portal, located at
www.njdeponline.com
to obtain a
				Department issued personal identification number (PIN) and printing, completing
				and signing the authorization form found at the website, and mailing it to the
				Department at the following address:
New Jersey Department of Environmental Protection
Office of Quality Assurance
PO Box 424
Trenton, New Jersey 08625-0424
(c) When electronically submitting a complete
				set of required information to the Department, the reporting laboratory shall:
1. Use the PIN as an electronic signature to
				certify that all sampling, analyses and quality control procedures were
				conducted in accordance with this chapter and N.J.A.C. 7:18; and
2. Use only the electronic data formats
				supplied by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9E - PRIVATE WELL TESTING ACT RULES › Subchapter 3 - REPORTING AND DATA VALIDITY › Section 7:9E-3.3 - Data validity for sale of subject property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Analytical
				results except for coliform (total and fecal) shall remain valid for purposes
				of complying with Section 2 of the Act (58:12A-27 ) for a period of one
				year from the date of sample collection except if a new source of water has
				been installed, in which case the test results shall no longer be
				valid.
(b) Coliform (total and
				fecal) analytical results shall remain valid for purposes of complying with
				Section 2 of the Act (58:12A-27 ) for a
				period of six months from the date of sample collection except if a new source
				of water has been installed, in which case the test results shall no longer be
				valid.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9E - PRIVATE WELL TESTING ACT RULES › Subchapter 4 - NOTIFICATION PROCESS › Section 7:9E-4.1 - Notification by laboratories and the Department

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If analysis
				shows an acute parameter, as defined at
				7:9E-1.2, at a level above the MCL,
				the certified laboratory responsible for analyzing the water sample shall,
				within 24 hours of obtaining the test results, notify the person(s) who
				requested the water test, and the appropriate local health authority in
				accordance with
				7:18-4.6 and 5.6.
(b) The Department shall, within five
				business days after receiving notice of any parameter at a level above a MCL,
				water quality standard, or action level, provide notice of such water test
				failure to the appropriate local health authority in which the subject property
				is located.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9E - PRIVATE WELL TESTING ACT RULES › Subchapter 4 - NOTIFICATION PROCESS › Section 7:9E-4.2 - Public notification by local health authorities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The appropriate
				local health authority, upon the Department's notification that the reported
				presence of one or more parameters exceed the MCLs, water quality standards, or
				action levels, is authorized to issue a public notice to owners of property in
				the vicinity of the subject property, suggesting or recommending that property
				owners may wish to have nearby wells sampled for the failed parameters(s). The
				specific address or location of the private well that failed a water test shall
				not be identified in the notice or by any other means or in any other
				manner.
(b) Public notification
				under 7:9E-4.1 is provided at the sole
				discretion of the appropriate local health authority, and may be in any form
				deemed suitable by the appropriate local health authority.
(c) If the appropriate local health authority
				provides public notification, such notification shall, at a minimum, be
				distributed to all property owners within 200 feet from each boundary of the
				subject property.
1. Recommended situations
				which may warrant notification and suggested forms of notification are
				available from the Department for advice purposes only.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9E - PRIVATE WELL TESTING ACT RULES › Subchapter 5 - CONFIDENTIALITY OF INFORMATION SUBMITTED PURSUANT TO THIS CHAPTER › Section 7:9E-5.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An appropriate
				local health authority, or any other local or State entity, shall keep
				confidential all information submitted or received pursuant to this chapter and
				the Act and shall not make any such information available for public
				examination, inspection or copying except pursuant to (b) or (c)
				below.
(b) The Department, a county
				health department, health agency, or designated health officer, or any other
				State or local governmental entity may make available to the public
				compilations of test results organized according to municipality and county
				and/or geographic regions. Such compilations shall not provide the names of
				specific property owners, their addresses or locations.
(c) The Department shall make available to
				the public a general compilation of water test results data, arranged or
				identified by county and municipality or appropriate geographic areas therein.
				Such general compilations shall not include a specific address or location
				information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 1 - GENERAL PROVISIONS › Section 7:10-1.1 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
These rules are promulgated pursuant to the New Jersey Safe
				  Drinking Water Act,
				  58:12A-1 et seq., as amended; the
				  Subsurface and Percolating Waters Act,
				  58:4A-4.1 et seq.; the Realty
				  Improvement Sewerage and Facilities Act,
				  58:11-23 et seq.; the Water Supply
				  Management Act,
				  58:1A-1 et seq.; and
				  58:11-9.1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 1 - GENERAL PROVISIONS › Section 7:10-1.2 - Scope, applicability and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
These rules implement New Jersey's Safe Drinking Water
				  Program for the purpose of ensuring the provision of safe drinking water to
				  consumers, and enabling the Department to assume primary enforcement
				  responsibility under the Federal Safe Drinking Water Act, P.L. 93-523,
				  42
				  U.S.C. §§
										300f et seq. The Safe
				  Drinking Water Program also ensures the provision of safe water of adequate
				  pressure and volume by implementing portions of the Water Supply Management Act
				  addressing storage, emergency plans and reducing unaccounted for water (water
				  lost in the distribution system); and by issuing physical connection permits
				  under the 58:11-9.1 et seq.; and by
				  establishing standards for construction and procedures for certifications,
				  under the Reality Improvement, Sewerage and Facilities Act,
				  58:11-23 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 1 - GENERAL PROVISIONS › Section 7:10-1.4 - Procedures for inspections and sanitary surveys of water systems

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An authorized
				Department representative(s) may conduct an on-site inspection and/or sanitary
				survey of any water system, and any component part thereof, and may take
				samples, and inspect, copy or photograph any records required to be kept
				pursuant to this chapter.
(b) The
				Department representative(s) conducting an inspection or sanitary survey
				pursuant to (a) above shall carry identification, and shall present it upon
				request.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 1 - GENERAL PROVISIONS › Section 7:10-1.5 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any provision of this chapter or the application thereof
				  to any person or circumstances is held invalid, such invalidity shall not
				  affect other provisions or applications, and to this end, the provisions of
				  this chapter are declared to be severable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 2 - GENERAL REQUIREMENTS › Section 7:10-2.1 - Department inventory of public water systems

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department,
				through the Bureau of Safe Drinking Water, shall at all times maintain a
				current inventory of all public water systems in the State, and all changes in
				said inventory shall be reported to the Administrator by January 1 of each
				year.
(b) Whenever a public water
				system is established or abandoned, the owner shall so notify the Department in
				writing.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 2 - GENERAL REQUIREMENTS › Section 7:10-2.2 - Department recordkeeping and reporting

Current through Register Vol. 56, No. 14, July 15, 2024
The Department, through the Bureau of Safe Drinking Water,
				  shall keep such records, in such a manner, and for such times as shall be
				  required under the National Regulations, 40 CFR 142, and shall submit each
				  report to the Administrator and make each report available to the public as
				  required under 40 CFR 142.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 2 - GENERAL REQUIREMENTS › Section 7:10-2.3 - Plan for the provision of potable water in emergencies

Current through Register Vol. 56, No. 14, July 15, 2024
The Department shall prepare and maintain, within the Bureau
				  of Safe Drinking Water, a plan for the provision of safe drinking water under
				  emergency circumstances. The Department shall review and update such plan as
				  necessary.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 2 - GENERAL REQUIREMENTS › Section 7:10-2.4 - Reporting of changes to plants and emergencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A supplier of
				water shall notify in writing the Bureau of Safe Drinking Water at least five
				working days prior to undertaking any planned change in the treatment plant or
				its operation that may either temporarily or permanently tend to lessen the
				quality of water furnished, or increase the likelihood of the delivery of water
				that does not meet the standards set forth in N.J.A.C. 7:10-5.
(b) A supplier of water shall notify the
				Department by telephone at (609) 292-5550 during business hours, or (877)
				WARN-DEP during non-business hours, within six hours of the occurrence of any
				emergency that may tend to lessen the quality or pressure of delivered water,
				or increase the likelihood of delivery of water that does not meet the
				standards set forth in N.J.A.C. 7:10-5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 2 - GENERAL REQUIREMENTS › Section 7:10-2.5 - Ban on further connections to over-extended or otherwise inadequate systems

Current through Register Vol. 56, No. 14, July 15, 2024
Whenever the Department determines that additional water
				  service connections to any public water system may result in a degradation of
				  service to existing users due to deficiencies in such public water system such
				  as inadequate source, treatment, distribution or storage capacities, or
				  inadequate pressure or volume, the Department may prohibit, by order, such
				  additional connections. Upon receipt of such an order prohibiting additional
				  water service connections, the supplier of water shall have 20 days to request
				  a hearing in writing in accordance with
				  7:10-3.5 on said order. At the
				  hearing, the supplier of water has the burden of showing that the prohibition
				  on additional connections should not be imposed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 2 - GENERAL REQUIREMENTS › Section 7:10-2.6 - Program information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless otherwise specified, forms,
				checklists, and other information related to this chapter can be requested from
				the Division of Water Supply and Geoscience at the address in (b) below, by
				telephone at (609) 292-5550, by fax at (609) 292-1654, by e-mail at
				watersupply@dep.nj.gov, or obtained through the Division's website at
www.nj.gov/dep/watersupply
.
				Further information about the Department can be accessed at
www.nj.gov/dep
.
(b) Applications, fees, forms, and
				correspondence related to this chapter shall be submitted to the New Jersey
				Department of Environmental Protection, Division of Water Supply and
				Geoscience, Mail Code 401-04Q, PO Box 420, Trenton, NJ 08625-0420, or by e-mail
				at watersupply@dep.nj.gov.
(c)
				Applications, forms, or other materials sent or delivered to the Department at
				an address other than as listed in (b) above shall not be deemed to have been
				received for the purposes of calculating application review deadlines or other
				time periods under this chapter.
(d) Notification to the Department required
				pursuant to the Regulations Governing the Certification of Laboratories and
				Environmental Measurements, N.J.A.C. 7:18, of a nitrate, nitrite, or
				nitrate/nitrite drinking water sample result exceeding the MCL or an
E.
				coli
-positive drinking water sample result shall be made by telephone
				to (609) 292-5550 during business hours, or, if outside of normal business
				hours, to the Department's hotline at 1-877-WARNDEP (1-877-927-6337).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 2 - GENERAL REQUIREMENTS › Section 7:10-2.7 - Managerial and technical competence of water systems

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An existing
				water system which has undergone a change in status or ownership and/or is
				found by the Department to be in significant noncompliance with the State
				primary drinking water regulations shall, upon request, provide to the
				Department a demonstration of managerial capacity as provided in
				7:10-13.4 and 13.6 and technical
				capacity as provided in
				7:10-13.3 and 13.5.
1. Determinations made pursuant to this
				section with respect to a water system subject to the jurisdiction of the
				Division of Local Government Services within the Department of Community
				Affairs shall be made in consultation with the Director of that Division.
				Nothing in these rules shall infringe upon the regulatory jurisdiction of the
				Division of Local Government Services under
				40A:1-1 et seq.
2. Determinations made pursuant to this
				section with respect to a public water system, which is a public utility
				subject to the jurisdiction of the Board of Public Utilities pursuant to
				48:1-1 et seq., shall be made in
				consultation with the Board of Public Utilities. Nothing in these rules shall
				infringe upon the regulatory jurisdiction of the Board of Public Utilities
				under 48:1-1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 3 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:10-3.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter governs the Department's assessment of civil
				  administrative penalties and the issuance of orders for the violation of any
				  provision of the State Act or any regulation, rule, permit or order adopted or
				  issued by the Department pursuant thereto. This subchapter shall also govern
				  the procedure for assessment, settlement and payment of civil administrative
				  penalties and for requesting an adjudicatory hearing on appeal from a notice of
				  civil administrative penalty assessment or administrative order.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 3 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:10-3.2 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever the
				Department finds that a person has violated any provision of the State Act, or
				any regulation, rule, permit, or order adopted or issued by the Department
				pursuant thereto, the Department may, singly or in combination, pursue the
				remedies specified in (a)1 through 4 below. Pursuit of any of the remedies
				specified under this section shall not preclude the Department from seeking any
				other remedy. The Department may:
1. Issue an
				order requiring the person found to be in violation to comply in accordance
				with 7:10-3.3;
2. Bring a civil action for injunctive and
				other relief in accordance with
				7:10-3.9;
3. Levy a civil administrative penalty in
				accordance with
				7:10-3.6 and/or 3.7;
				and/or
4. Bring an action for a
				civil penalty in accordance with
				7:10-3.8.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 3 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:10-3.3 - Procedures for issuing an administrative order pursuant to the State Act

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever the
				Department finds that a person has violated any provision of the State Act, or
				any regulation, rule, permit, or order adopted or issued by the Department
				pursuant thereto, the Department may issue an order specifying the provision or
				provisions of the State Act, regulation, rule, permit, or order of which the
				person is in violation citing the action which constituted the violation,
				requiring compliance with the provision violated and/or requiring restoration
				of the area which is the site of the violation, and giving notice to the person
				of his or her right to a hearing on the matters contained in the order. The
				ordered party shall have 35 days from receipt of the order within which to
				deliver to the Department a written request for a hearing in accordance with
				7:10-3.5. After the hearing and
				upon finding that a violation has occurred, the Department may issue a final
				order. If no hearing is requested, then the order shall become final after the
				expiration of the 35-day period. A request for hearing shall not automatically
				stay the effect of the order.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 3 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:10-3.4 - Procedures for assessment, settlement and payment of civil administrative penalties for violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To assess a
				civil administrative penalty under the State Act, the Department shall notify
				the violator by certified mail (return receipt requested) or by personal
				service. This notice of civil administrative penalty assessment shall:
1. Identify the section of the State Act,
				rule, administrative order or permit violated;
2. Concisely state the alleged facts which
				constitute the violation;
3.
				Specify the amount of the civil administrative penalty to be imposed and the
				basis thereof; and
4. Advise the
				violator of the right to request an adjudicatory hearing pursuant to
				7:10-3.5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 3 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:10-3.5 - Procedures to request an adjudicatory hearing to contest an administrative order and/or a notice of civil administrative penalty assessment; procedures for conducting adjudicatory hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To request an
				adjudicatory hearing to contest an administrative order and/or notice of civil
				administrative penalty assessment issued pursuant to the State Act, the person
				to whom the administrative order and/or notice of civil administrative penalty
				assessment was issued shall submit the following information, in writing, to
				the Department at the New Jersey Department of Environmental Protection, Office
				of Administrative Hearings and Dispute Resolution, ATTENTION: Adjudicatory
				Hearing Requests, 401 E. State Street, Mail Code 401-07A, PO Box 420, Trenton,
				New Jersey 08625-0420.
1. The name, address,
				and telephone number of the person to whom the administrative order and/or
				notice of civil administrative penalty assessment was issued and his or her
				authorized representative;
2. A
				copy of the administrative order and/or notice of civil administrative penalty
				assessment being contested;
3. The
				person's defenses to each of the findings of fact stated in short and plain
				terms;
4. An admission or denial of
				each of the findings of fact. If the person is without knowledge or information
				sufficient to form a belief as to the truth of a finding, the person shall so
				state and this shall have the effect of a denial. A denial shall fairly meet
				the substance of the findings denied. When the person intends in good faith to
				deny only a part or a qualification of a finding, the person shall specify so
				much of it as is true and material and deny only the remainder. The person may
				not generally deny all of the findings but shall make all denials as specific
				denials of designated findings. For each finding the person denies, the person
				shall allege the fact or facts as the person believes it or them to
				be;
5. Information supporting the
				request and specific reference to or copies of other written documents relied
				upon to support the request;
6. An
				estimate of the time required for the hearing (in days and/or hours);
7. A request, if necessary, for a
				barrier-free hearing location for physically disabled persons; and
8. If the petitioner intends to attempt a
				resolution of the case pursuant to
				1:1-8.1(b), a
				statement to that effect.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 3 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:10-3.6 - Civil administrative penalties for violation of the State Act-general

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may assess a civil administrative penalty pursuant to this section of up to $
				25,000 for each violation of the State Act or any regulation, rule, permit, or
				order adopted or issued by the Department pursuant thereto.
(b) If the violation is of a continuing
				nature, each day during which the violation continues subsequent to receipt of
				an order to cease the violation shall constitute an additional, separate and
				distinct violation.
(c) To assess a
				civil administrative penalty pursuant to this section, the Department shall:
1. Identify the matrix in (f) below by
				determining the level of offense, that is, first, second, third or subsequent
				offense as defined in
				7:10-1.3.
2. Identify the civil administrative base
				penalty within the matrix in (f) below by determining the seriousness of
				violation pursuant to (d) below and the type of water system pursuant to (e)
				below; and
3. The civil
				administrative penalty shall be the amount within the matrix in (f) below,
				unless adjusted pursuant to (g) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 3 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:10-3.7 - Civil administrative penalty for failure to pay a fee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may assess a civil administrative penalty pursuant to this section against any
				person who fails to pay a fee when due pursuant to the State Act, or any
				regulation, rule or permit adopted or issued pursuant thereto.
(b) The amount of the civil administrative
				penalty for a violation pursuant to this section shall be in an amount equal to
				the unpaid fee or $ 250.00, whichever is greater, up to a maximum of $ 5,000
				for the first offense; two times the unpaid fee or $ 500.00, whichever is
				greater, up to a maximum of $ 10,000 for the second offense; and three times
				the unpaid fee or $ 750.00, whichever is greater, up to a maximum of $ 25,000
				for the third and each subsequent offense.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 3 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:10-3.8 - Civil penalties for violations of the State Act

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who
				violates the provisions of the State Act, any regulation, rule, permit, or
				order adopted or issued by the Department pursuant thereto, or an
				administrative order or a court order issued pursuant to the State Act, or who
				fails to pay a civil administrative penalty in full pursuant to
				7:10-3.4(b), or
				who fails to make a payment pursuant to a penalty payment schedule entered into
				with the Department, or who knowingly makes any false or misleading statement
				on any application, record, report, or other document required to be submitted
				to the Department, shall be subject, upon order of a court, to a civil penalty
				of not more than $ 25,000 for each violation, and each day during which a
				violation continues shall constitute an additional, separate, and distinct
				violation.
(b) Any penalty
				established pursuant to this section may be imposed and collected with costs in
				a summary proceeding pursuant to the Penalty Enforcement Law of 1999,
				2A:58-10 et seq. The Superior
				Court shall have jurisdiction to enforce the provisions of the Penalty
				Enforcement Law of 1999 in connection with the State Act.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 3 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:10-3.9 - Civil actions for violations of the State Act

Current through Register Vol. 56, No. 14, July 15, 2024
The Department may institute an action or proceeding in
				  Superior Court for injunctive and other relief for any violation of the State
				  Act, or any regulation, rule, permit or order adopted or issued by the
				  Department pursuant thereto, and the court may proceed in the action in a
				  summary manner.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 3 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:10-3.10 - Economic benefit

Current through Register Vol. 56, No. 14, July 15, 2024
In addition to any civil penalty or civil administrative
				  penalty imposed or assessed pursuant to this subchapter, the Department may
				  assess the economic benefit (in dollars) that the violator has realized as a
				  result of not complying, or by delaying compliance, with the requirements of
				  the State Act or any rule, administrative order or permit issued pursuant
				  thereto.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 4 - DISINFECTION › Section 7:10-4.1 - Disinfection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except in
				accordance with (b) below, every supplier of water from a public community
				water system shall disinfect all water in accordance with the method and
				equipment requirements of
				7:10-11.16 in order to ensure
				delivered water is of microbiologically safe quality.
(b) Except for public community water systems
				that use surface water source(s), the supplier of water from a water system
				that serves 100 or fewer dwellings or properties may elect not to disinfect its
				water, provided it increases the number of microbiological samples taken from
				its distribution system to a minimum of two samples per month at biweekly
				intervals.
(c) Notwithstanding (a)
				and (b) above, any supplier of water from any public community water system or
				public noncommunity water system may be required to disinfect its water if the
				Department determines that said water is microbiologically
				unacceptable.
(d) Any supplier of
				water from a public community water system that purchases treated water from
				another public water system on a regular or continuous basis may be required to
				redisinfect said water if deemed necessary by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 5 - STATE PRIMARY DRINKING WATER REGULATIONS › Section 7:10-5.1 - Applicability of National Regulations

Current through Register Vol. 56, No. 14, July 15, 2024
Except as provided in this subchapter, the Department adopts
				  and incorporates herein by reference the National Primary Drinking Water
				  Regulations, 40 CFR 141, as amended and supplemented, including all siting
				  requirements, filtration and disinfection requirements, maximum contaminant
				  levels, monitoring and analytical requirements, reporting requirements, public
				  notification requirements, recordkeeping requirements, and the National Primary
				  Drinking Water Regulations Implementation, 40 CFR 142 Subparts E, F, G, and K,
				  for variance and exemption requirements as the New Jersey primary drinking
				  water regulations, applicable to all public water systems. All maximum
				  contaminant levels and action levels in this subchapter shall apply to all
				  public and nonpublic water systems, and shall be subject to monitoring
				  requirements established by the appropriate administrative authority. Copies of
				  the National Regulations may be obtained from either the Drinking Water Section
				  of the Water Programs Branch, U.S. Environmental Protection Agency, 290
				  Broadway, New York, New York 10007-1861, (212) 637-3880; or the Department in
				  accordance with
				  N.J.A.C.
				  7:10-2.6.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 5 - STATE PRIMARY DRINKING WATER REGULATIONS › Section 7:10-5.3 - Analytical requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The analytical
				requirements for determining compliance with the maximum contaminant levels
				shall be those established under the National Regulations, except that the
				analysis for gross alpha particle activity shall be determined using the 48
				Hour Rapid Gross Alpha Test, in accordance with N.J.A.C. 7:18.
(b) Any analysis required under this chapter
				shall be conducted at a certified laboratory, certified in accordance with
				N.J.A.C. 7:18, for the specific analytical method used.
(c) Each analysis shall be conducted using a
				method capable of achieving an MDL below the MCL for the contaminant being
				analyzed.
(d) A supplier of water
				from a public water system, when submitting any sample analysis to the
				Department, shall provide the following:
1.
				The test result for all contaminants tested for as part of the analytical
				method; and
2. Any test result that
				exceeds a specified MDL.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 5 - STATE PRIMARY DRINKING WATER REGULATIONS › Section 7:10-5.4 - Reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except where a
				shorter reporting period is required by the National Regulations, each supplier
				of water shall submit a compliance sampling report to the Department within the
				first 10 calendar days of the month following the month in which any test,
				measurement, or analysis is made. The compliance sampling report, containing
				the sampling results for microbiological contaminants, inorganic compounds,
				volatile organic compounds, synthetic organic compounds, radionuclides, and
				lead and copper analyses, shall be prepared in a format prescribed by and on
				forms available from and submitted to, the Department in accordance with
				N.J.A.C.
				7:10-2.6.
(b) Within 180 days after receipt of written
				notification from the Department, each supplier of water shall ensure that all
				compliance sampling reports and the monthly report required under (e) below are
				submitted to the Department electronically in a manner compatible with the
				Department's computer system.
(c)
				Each supplier of water from a public community water system shall report by
				telephone within 48 hours or on the next business day, whichever is sooner, to
				the Bureau of Safe Drinking Water at (609) 292-5550, the supplier's failure to
				comply with any primary drinking water regulation, including any failure to
				comply with any monitoring requirement pursuant to this subchapter. A supplier
				of water shall report any acute violation by telephone to the Department as
				soon as the supplier becomes aware of such acute violation.
(d) A supplier of water is not required to
				submit a compliance sampling report to the Department if the Department
				conducts the sampling and if the State laboratory performs the sample analysis
				and reports the results directly to the Department.
(e) Each supplier of water from a public
				community water system shall submit a monthly report consisting of the daily
				records maintained pursuant to
				7:10-5.6 by the 10th day of the
				month following the month for which the records contained in the report are
				compiled.
(f) If a supplier of
				water installs a treatment device or process to bring the water into compliance
				with any applicable MCL, the supplier of water shall report the results of the
				monitoring required under
				7:10-5.2(a)  13 to
				the Department on a quarterly basis. (A noncommunity water system supplier of
				water shall also submit a copy of the results to the administrative
				authority.)
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 5 - STATE PRIMARY DRINKING WATER REGULATIONS › Section 7:10-5.5 - Public notification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each supplier
				of water shall provide public notification of any violation of any MCL or
				monitoring requirement in accordance with the National Regulations pursuant to
				40 CFR 141.32.
(b) Any supplier of
				water from a public noncommunity water system which the administrative
				authority determines is not in compliance with any primary drinking water
				regulation, including any monitoring requirement, shall immediately post a
				notice of such failure in a place conspicuous to consumers in a format
				prescribed in the National Regulations pursuant to 40 CFR 141.32. The notice
				shall remain posted until the administrative authority determines that the
				system is restored to compliance.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 5 - STATE PRIMARY DRINKING WATER REGULATIONS › Section 7:10-5.6 - Recordkeeping

Current through Register Vol. 56, No. 14, July 15, 2024
A supplier of water shall keep and maintain all records
				  required under the National Regulations and also maintain daily records of
				  water pumpage, quantities of chemicals used for water treatment and routine
				  test results.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 5 - STATE PRIMARY DRINKING WATER REGULATIONS › Section 7:10-5.7 - Remediation requirements and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided pursuant to (b) below, the supplier of water that analyzes and reports
				pursuant to this subchapter any violation of a promulgated MCL for any of the
				contaminants regulated pursuant to this subchapter shall, within one year after
				receipt of the results of the tests conducted pursuant to the National
				Regulations and
				7:10-5.2 that demonstrate an
				exceedance that constitutes a violation, take any action necessary to bring the
				water into compliance with the applicable MCL.
(b) The Department may require by
				administrative order that the supplier of water take prompt action to bring the
				water into compliance with the applicable MCL upon a determination that such
				action is necessary to abate an immediate public health threat.
(c) The Department may extend the deadline by
				which the supplier of water must achieve compliance with the applicable MCL
				after a public hearing and its determination that the extension shall not pose
				an imminent threat to public health, if new construction of a treatment plant
				is required.
(d) If the supplier of
				water fails to take action to bring the water into compliance with the
				applicable MCL pursuant to (a) above, the Department may take one or more of
				the following actions:
1. Seek to enjoin the
				supplier of water from continuing to supply water to the public;
2. Establish a program to bring the public
				water system into compliance;
3.
				Provide the customers of the public water system with an alternate potable
				water supply; and/or
4. Seek
				penalties in accordance with N.J.A.C. 7:10-3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 5 - STATE PRIMARY DRINKING WATER REGULATIONS › Section 7:10-5.8 - State-specific requirements for total coliform

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Microbiological monitoring shall be
				undertaken as required under the National Regulations, except that the
				Department will not reduce the microbiological sampling frequency to less than:
1. One sample per month for a public
				community water system using only groundwater source(s) serving 1,000 or fewer
				persons;
2. One sample per quarter
				for a public noncommunity water system (transient or nontransient) using only
				groundwater source(s) and serving 1,000 or fewer persons; and
3. One sample per month for a seasonal water
				system during its operating season.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 7 - STATE SECONDARY DRINKING WATER REGULATIONS › Section 7:10-7.1 - Authority, purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter contains the Department's secondary drinking
				  water regulations, promulgated pursuant to the State Act. These regulations
				  apply to any contaminant in drinking water which may adversely affect the
				  taste, odor, or appearance of such water, or which may otherwise adversely
				  affect the public welfare. This subchapter specifies the upper limits or
				  optimum ranges of contaminants in drinking water required to be met by any
				  water system when the Department or the administrative authority having
				  jurisdiction over the water system finds a need therefor. The optimum range or
				  the upper limit for any contaminant in drinking water as specified in this
				  subchapter is the recommended level for such a contaminant as delivered to the
				  free-flowing outlet of the ultimate user of a public or nonpublic water system.
				  These standards shall be met whenever a new source of water supply is
				  constructed or added to a water system. For existing water systems, the
				  Department may require treatment(s) to meet these standards, if the exceedance
				  of one or more of these standards causes adverse effects on the consumers of
				  such systems.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 7 - STATE SECONDARY DRINKING WATER REGULATIONS › Section 7:10-7.2 - Recommended upper limits and optimum ranges for physical, chemical and biological characteristics in drinking water

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				are the recommended upper limits or optimum ranges, as applicable, for the
				listed physical, chemical and biological characteristics in drinking water. If
				a physical, chemical, or biological characteristic exceeds the recommended
				upper limit or falls outside a recommended optimum range, the drinking water
				may be determined to be unacceptable if, in the judgment of the administrative
				authority, such characteristics either singly or in combination would render
				the water unduly unpalatable or aesthetically objectionable.
1. Physical characteristics:
Recommended upper limit or optimum range
Color
10 color units (standard cobalt scale)
pH
6.5 to 8.5 (optimum range)
Odor
3 Threshold odor number
Taste
No objectionable taste
2. Chemical
				characteristics:
Recommended upper limit
ABS/L.A.S. (1)
0.5 mg/l
Aluminum
0.2 mg/l
Chloride
250 mg/l
Fluoride (2)
2 mg/l
Hardness (as CaCO[3])
250 mg/l
Iron (3)
0.3 mg/l
Manganese (3)
0.05 mg/l
Silver
0.1 mg/l
Sodium (4)
50 mg/l
Sulfate
250 mg/l
Total dissolved solids
500 mg/l
Zinc
5 mg/l
Notes:
(1) Alkyl-benzene-sulfonate and linear-alkyl-sulfonate,
						or similar
methylene blue reactive substances contained in synthetic
						detergents.
(2) A range of 0.8 to 1.2 mg/l fluoride is recommended
						for those water
supplies in which the fluoride concentration is
						artificially adjusted.
(3) The limits for iron and manganese may be raised to
						0.6 mg/l and to
0.1 mg/l, respectively, if a sequestering treatment is
						provided.
However, when either of these higher limits is exceeded
						in the raw
water of a public community water system, the water shall
						be treated so
as to reduce the iron concentration to below 0.3 mg/l
						and/or the
manganese concentration to below 0.05 mg/l.
(4) Significant only for consumers requiring low sodium
						diet.
3. Biological
				characteristics: Water intended for potable purposes shall be free from:
i. Visible organisms such as algae, algal
				diatoms, crustaceans, arachnids, and larvae; and
ii. Those micro-organisms which render the
				water unpalatable or unaesthetic to the consumer.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 7 - STATE SECONDARY DRINKING WATER REGULATIONS › Section 7:10-7.3 - Monitoring

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a public
				community water system is equipped with treatment facilities specifically for
				pH adjustment and/or iron and/or manganese removal, the supplier of water shall
				conduct analyses with a minimum frequency of once daily for pH, iron or
				manganese, as applicable, on samples of water at the point(s) of entry to the
				distribution system. Such analyses need not be performed by a certified
				laboratory.
(b) The supplier of
				water from a public community water system other than a bulk purchase system
				shall analyze a water sample taken from each point of entry to the distribution
				system for the physical and chemical characteristics listed at
				7:10-7.2(a)  with
				a minimum frequency of once a year for surface water supplies and once in three
				years for ground water supplies. Such analyses shall be performed by a
				certified laboratory.
(c) The
				supplier of water from a public community water system shall analyze water
				samples from its distribution system in accordance with the following:
1. Each supplier of water serving a
				population equal to or greater than 10,000 shall sample for iron and manganese
				with a minimum frequency of once a year; and
2. Each supplier of water shall collect at a
				minimum one additional sample for iron and manganese once for every 50,000
				population served, to a maximum of five samples per year.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 7 - STATE SECONDARY DRINKING WATER REGULATIONS › Section 7:10-7.4 - Public notification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever the
				average of samples collected in any one monitoring period exceeds the
				recommended upper limit for iron, manganese or sodium specified at
				7:10-7.2 in a public community
				water system, the supplier of water shall provide public notification by one of
				the following methods:
1. Newspaper
				advertisement in a daily or weekly paper serving the local area within 30 days
				of the exceedance;
2. Individual
				notification to consumers by direct mail or flyers within 90 days of the
				exceedance; or
3. Annual water
				quality report mailed to consumers provided such annual report is issued within
				180 days of the exceedance.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 8 - DRINKING WATER ADDITIVES › Section 7:10-8.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter contains the standards for the use or
				  occurrence of direct and indirect additives in public water systems in order to
				  protect against the adverse health effects of such additives. A supplier of
				  water shall meet the requirements of this subchapter only with regard to the
				  public water system facility and related appurtenances under the control of the
				  supplier of water.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 8 - DRINKING WATER ADDITIVES › Section 7:10-8.2 - Drinking water additives

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				adopts and incorporates by reference the following ANSI/NSF standards, as
				amended and supplemented. The standards may be obtained from NSF International,
				475 Plymouth Road, P.O. Box 130140, Ann Arbor, Michigan 48113-0140.
1. ANSI/NSF Standard 60, Drinking Water
				Treatment Chemicals, and
2.
				ANSI/NSF Standard 61, Drinking Water System Components.
i. For the purpose of this subchapter,
				ANSI/NSF Standard 61 shall apply only to new construction, or the modification
				or repair of existing facilities.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 9 - SURFACE WATER TREATMENT REQUIREMENTS › Section 7:10-9.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter establishes minimum treatment requirements
				  for public water systems which use surface water or ground water under the
				  direct influence of surface water and discretionary changes to the National
				  Regulations, 40 CFR 141, Subpart H--Filtration and Disinfection, as adopted and
				  incorporated by reference at
				  7:10-5.1.