New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 1 - GENERAL PROVISIONS › Section 7:10-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter
				  shall have the following meanings unless the context clearly indicates
				  otherwise. Additional definitions specifically applicable to N.J.A.C. 7:10-11,
				  12, and 13 are set forth at
				  N.J.A.C.
				  7:10-11.4, 12.3, and 13.2,
				  respectively.
"Action level" means the concentration of lead or copper in
				  water specified in the National Regulations at
				  40 CFR
				  141.80(c) which determines,
				  in some cases, the treatment requirements set forth at
				  40
				  CFR 141.81,
				  141.82
				  and
				  141.83
				  that a water system is required to complete.
"Acute violation" means an exceedance of an MCL for a
				  contaminant, for example, fecal coliform or nitrates, that is likely to have
				  immediate health effects.
"Additive" means any substance specifically formulated to be
				  added to a water system during the water treatment process to achieve
				  applicable drinking water standards.
"Administrator" means the Administrator of the United States
				  Environmental Protection Agency or his or her authorized representative.
"Administrative authority" means the County Environmental
				  Health Act (CEHA) certified agency or the local board of health having
				  jurisdiction. When water systems serve county, State, and/or Federal
				  facilities, the administrative authority shall mean the Bureau of Safe Drinking
				  Water in the Department.
"Air gap" means, in a water distribution system, the
				  unobstructed vertical distance through the free atmosphere between the lowest
				  opening from any pipe or faucet supplying water to a tank, plumbing fixture or
				  any other device and the flood level rim of the receptor.
"Annual operation fee" means the annual fee assessed to each
				  public community water system including each holder of a permit to construct a
				  public community water system issued pursuant to N.J.A.C. 7:10-11 and each
				  recipient of an approval to construct a public noncommunity water system or a
				  public nontransient noncommunity water system issued pursuant to N.J.A.C.
				  7:10-12.
"Annual physical connection renewal fee" means the fee
				  assessed for the annual renewal of a physical connection permit pursuant to
				  N.J.A.C. 7:10-10.
"ANSI" means the American National Standards
				  Institute.
"Approved physical connection installation" means a double
				  check valve assembly or a reduced pressure zone backflow preventer assembly
				  which is designed, installed and tested in accordance with N.J.A.C.
				  7:10-10.
"Backflow prevention device" means either a double check
				  valve assembly or a reduced pressure zone assembly used for the purpose of
				  preventing water flow in the opposite direction of normal flow pattern.
"Bulk distribution system" means a water system that sells
				  water wholesale in bulk quantities to public community water systems for resale
				  to consumers.
"Bulk purchase system" means a water system that buys all of
				  its treated water from another water system(s) and has no water source(s) of
				  its own.
"Bypass" means a secondary pipe or conduit connected to the
				  main pipe or conduit for the purpose of conducting water around a valve,
				  fixture, device, pump station or treatment process.
"Certified laboratory" means a laboratory certified by the
				  Department pursuant to the Regulations Governing Laboratory Certification and
				  Standards of Performance, N.J.A.C. 7:18, to conduct testing for contaminants
				  regulated under the State Act.
"Cistern" means a tank for the collection of rain water
				  draining from a roof or roofs, which water is intended to be used for potable
				  purposes.
"Commissioner" means the Commissioner of the Department of
				  Environmental Protection or his or her designated representative.
"Confined aquifer" means an aquifer which contains ground
				  water under pressure between or below relatively impermeable or significantly
				  less permeable material so that the water surface rises above the top of the
				  aquifer in a well which derives its water from that aquifer.
"Consolidated aquifer" means an aquifer contained within a
				  rock formation.
"Construction material" means any building material typically
				  used in the construction of water system facilities, including but not limited
				  to concrete, mortar, grout, steel, ductile iron, copper, brass or zinc.
"Contaminant" means any physical, chemical, biological or
				  radiological substance in water.
"County" means any county or agency or instrumentality of one
				  or more thereof.
"Cross-connection" means any actual or potential connection
				  between a public water system and a source of contamination, such as industrial
				  process water or an irrigation system.
"Department" means the Department of Environmental
				  Protection.
"Dependable yield" means that maintainable yield of water
				  from a surface or ground water source(s) which is available continuously during
				  projected future conditions, including a repetition of the most severe drought
				  of record, without creating undesirable effects, as determined by the
				  Department.
"Detectable disinfectant residual" means a chlorine residual
				  of at least 0.05 mg/l (free chlorine, combined chlorine or chlorine dioxide),
				  or a heterotrophic plate count of 500/ml or less, at the point of
				  collection.
"Distribution system" means all pipes and conveyances from a
				  well or water treatment plant, including storage facilities.
"Double check valve assembly" means a backflow prevention
				  device consisting of two independently acting soft-seated check valves,
				  internally force loaded to a normally closed position between two tightly
				  closing shut-off valves, and with means of testing for tightness. A double
				  check valve assembly includes a double check valve detector assembly for the
				  purposes of this chapter.
"Dug well" means a water table well that is excavated by
				  means of picks, shovels, or similar hand-tools.
"Entry point" means a point in the distribution system where
				  treated water from a treatment plant enters into the distribution
				  system.
"Facility with cross-connection hazards" means a facility
				  that is served by a public community water system and that contains a chemical
				  substance or solution, uses a chemical, physical or biological process, or uses
				  water in a manner that might contaminate the public community water system by
				  way of a cross-connection. Examples of such facilities are listed in Appendix A
				  and incorporated herein by reference.
"Federal Act" means the Safe Drinking Water Act, P.L. 93-523,
				  42
				  U.S.C. §§
										300f et seq., as
				  amended.
"Federal agency" means any department, agency or
				  instrumentality of the United States.
"Filtration avoidance criteria" means criteria specified in
				  the National Primary Drinking Water Regulations,
				  40 CFR
				  141.71, establishing specific requirements
				  for source water quality conditions and site-specific conditions for a public
				  water system to avoid filtering its surface water source or its ground water
				  source under the direct influence of surface water.
"First offense" means a violation for which there is no prior
				  similar violation.
"Ground water" means the portion of water beneath the land
				  surface that is within the saturated zone, in which all the subsurface voids in
				  the rock or soil are filled with water.
"Initial physical connection permit fee" means the fee
				  assessed for an initial physical connection permit pursuant to N.J.A.C.
				  7:10-10.
"Interconnection" means a water supply connection with
				  another water system or systems.
"Licensed operator" has the same meaning as the definition of
				  the term in the Licensing of Water Supply and Wastewater Treatment System
				  Operators rules at
				  N.J.A.C.
				  7:10A-1.2.
"Low risk formation" means:
1. An aquifer which the Department determines to be confined
				  by an overlying layer or bed of distinctly lower permeability, based upon an
				  acceptable pump test report, or on published reports and/or technical memoranda
				  of the New Jersey Geological Survey or published reports of the U.S. Geological
				  Survey; or
2. An unconsolidated geologic formation, in which the raw
				  water source is a well screened at a depth of at least 200 feet.
"Maximum contaminant level" or "MCL" means the maximum
				  permissible level of a contaminant in water measured at the point of entry to
				  the distribution system or at the free-flowing outlet of the ultimate user of a
				  public water system or other water system to which State primary drinking water
				  regulations apply. Any contaminant added to the water under circumstances
				  controlled by the user, except a contaminant resulting from corrosion of piping
				  and plumbing caused by water quality, is excluded from this definition.
"MCL violation" means exceedance of an MCL for any
				  contaminant regulated under N.J.A.C. 7:10-5, where such exceedance has been
				  determined by specific procedures as established under the National
				  Regulations.
"Method detection limit" or "MDL" means the minimum
				  concentration of a contaminant, determined pursuant to 40 CFR 136 (Appendix B)
				  or N.J.A.C. 7:18, that can be measured and reported with 99 percent confidence
				  as an analytical result greater than zero.
"MGD" means million gallons per day.
"Municipality" means any city, town, township, borough or
				  village or any agency or instrumentality of one or more thereof.
"National primary drinking water regulations" or "National
				  Regulations" means the current primary drinking water regulations promulgated
				  at 40 CFR Part 141 by the Administrator pursuant to the Federal Act, as such
				  regulations are amended or supplemented from time to time.
"Nonpublic water system" means a water system that is not a
				  public water system. A nonpublic water system includes any water system
				  providing potable water to individual dwellings, and any water system regularly
				  serving fewer than 15 service connections and fewer than 25 individuals.
"NSF" means National Sanitation Foundation International, Ann
				  Arbor, Michigan.
"Permit application review fee" means the application fee
				  assessed for a permit to construct a public community water system in
				  accordance with N.J.A.C. 7:10-11.
"Person" means any individual, corporation, company, firm,
				  association, joint stock company, partnership, consortium, joint venture,
				  commercial or any other legal entity, municipality, State agency or Federal
				  agency.
"Physical connection" means a connection between a public
				  community water system and any unapproved water supply.
"Physical connection permit" means the permit issued pursuant
				  to N.J.A.C. 7:10-10.
"Population served" means the population determined during
				  the Department's most recent inspection and/or sanitary survey conducted
				  pursuant to
				  7:10-1.4.
"Potable water" means any water used, or intended to be used,
				  for drinking and culinary purposes which is free from impurities in amounts
				  sufficient to cause disease or harmful physiological effects, with the
				  bacteriological and chemical quality conforming to applicable standards.
"Primary drinking water regulation" means a regulation
				  which:
1. Applies at a minimum to public water systems;
2. Specifies contaminants which, in the judgment of the
				  Department, may have adverse effect on the health of persons;
3. Specifies for each such contaminant either a maximum
				  contaminant level if, in the judgment of the Department, it is economically and
				  technologically feasible to ascertain the level of such contaminant in water in
				  public water systems, or if, in the judgment of the Department, it is not
				  economically and technologically feasible to ascertain the level of such
				  contaminant, each treatment technique known to the Department which leads to a
				  reduction in the level of such contaminant sufficient to satisfy the
				  requirements of Section 4 of the State Act; and
4. Contains criteria and procedures to assure a supply of
				  drinking water which dependably complies with such maximum contaminant levels,
				  including quality control, sampling frequencies, and testing procedures to
				  insure compliance with such levels and to insure proper operation and
				  maintenance of the system, and requirements as to the minimum quality of water
				  which may be taken into the system, and siting for new facilities for public
				  water systems.
"Prior similar violation" means, for any given violation, a
				  previous violation that:
1. Is within the same category of violation listed in
				  7:10-3.6(d)  1,
				  (d)2 or (d)3;
2. Has been cited by the Department in an administrative
				  order and/or notice of civil administrative penalty assessment issued to the
				  violator; and
3. Was not corrected within the amount of time stated in the
				  administrative order and/or notice of civil administrative penalty assessment.
"Professional engineer" has the same meaning as the
				  definition of the term in the State Board of Professional Engineers and Land
				  Surveyors rules at
				  N.J.A.C.
				  13:40-1.3.
"Project construction cost" means the total estimated cost of
				  construction contained in the engineer's report submitted as part of the
				  application for a permit to construct a public community water system under
				  N.J.A.C. 7:10-11, excluding engineering, legal fees, financial fees and land
				  acquisition costs.
"Public community water system" means a public water system
				  which serves at least 15 service connections used by year-round residents or
				  regularly serves at least 25 year-round residents.
"Public noncommunity water system" means a public water
				  system that is not a public community water system and is either a "public
				  nontransient noncommunity water system" or a "public transient noncommunity
				  water system" as defined in this section.
"Public nontransient noncommunity water system" means a
				  public water system that is not a public community water system and that
				  regularly serves at least 25 of the same persons for more than six months in
				  any given calendar year.
"Public transient noncommunity water system" means a public
				  water system that is not a public community or a public nontransient
				  noncommunity water system and that serves at least 25 transient individuals for
				  at least 60 days in any given calendar year.
"Public water system" means a system for the provision to the
				  public of water for human consumption through pipes or other constructed
				  conveyances, if such system has at least 15 service connections or regularly
				  serves an average of at least 25 individuals daily for at least 60 days out of
				  the year. Such term includes any collection, treatment, storage and
				  distribution facilities under control of the operator of such system and used
				  primarily in connection with such system, and any collection or pretreatment
				  storage facilities not under such control which are used primarily in
				  connection with such system. A public water system is either a "public
				  community water system" or a "public noncommunity water system" as defined in
				  this section.
"Pump installer" has the same meaning as the definition of
				  the term in the Well Construction and Maintenance; Sealing of Abandoned Wells
				  rules at N.J.A.C. 7:9D-1.5.
"Raw water" means untreated ground or surface water.
"Reduced pressure zone backflow preventer assembly" means a
				  backflow prevention device which consists of two independently acting
				  soft-seated check valves, internally force loaded to a normally closed position
				  and separated by an intermediate chamber (or zone) in which there is an
				  automatic relief port, which vents to atmosphere, internally loaded to a
				  normally open position between two tightly closing shut-off valves, and which
				  has means for testing the tightness of the check valves and opening of the
				  relief port. A reduced pressure zone backflow preventer assembly includes a
				  reduced pressure zone detector assembly for the purposes of this
				  chapter.
"Safe Drinking Water Program" means the regulatory activities
				  conducted by the Department to carry out the provisions and purposes of the
				  State Act and portions of the Water Supply Management Act,
				  58:1A-1 et seq., addressing the
				  provisions of adequate storage, emergency plans, and reducing the amount of
				  unaccounted for water. The program also carries out regulatory activities of
				  58:11-9.1 et seq. controlling the
				  interconnections between public community water systems and unapproved water
				  systems, and establishes standards for construction and procedures for
				  certifications pursuant to the Reality Improvement, Sewerage and Facilities
				  Act, 58:11-23 et seq.
"Sanitary survey" means an on-site review by an authorized
				  representative of the Department of the source(s), facilities, equipment,
				  operation and maintenance of a public or nonpublic water system for the purpose
				  of evaluating the adequacy of the source(s), facilities, equipment, operation
				  and maintenance for producing and distributing safe drinking water with
				  adequate pressure and volume.
"Seasonal water system" means a public noncommunity water
				  system that is not operated as a public water system on a year-round basis and
				  starts up and shuts down in its entirety or in part at the beginning and end of
				  each operating season.
"Second offense" means a violation for which there is only
				  one prior similar violation.
"Secondary drinking water regulation" means a regulation
				  applying to one or more water systems, and which specifies the recommended
				  upper limits or optimum ranges of contaminants that are necessary to protect
				  the public welfare. A secondary drinking water regulation may 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.
"Spring" means a natural surface feature where ground water
				  issues from the rock or soil onto the land or into a body of water.
"State Act" means the New Jersey Safe Drinking Water Act,
				  58:12A-1 et seq., as
				  amended.
"State-regulated contaminant" means a contaminant for which
				  the Department has set MCL and monitoring requirements, independent of the
				  National Regulations, as mandated by the State Act.
"Supplier of water" means any person who owns or operates a
				  public water system.
"Surface water" means water at or above the land's surface,
				  which is neither ground water nor contained within the unsaturated zone,
				  including, but not limited to, the ocean and its tributaries, all springs,
				  streams, rivers, lakes, ponds, wetlands and artificial waterbodies.
"Third or subsequent offense" means a violation for which
				  there are at least two prior similar violations.
"Unapproved water supply" means any source of water which is
				  not part of a public community water system.
"Unconfined aquifer" means an aquifer that is either exposed
				  to atmospheric pressure or bounded by layers of materials which do not serve as
				  an effective barrier to water migration.
"Water system" means a system for providing potable water to
				  any person.
"Well driller" has the same meaning as the definition of the
				  term in the Well Construction and Maintenance; Sealing of Abandoned Wells rules
				  at N.J.A.C. 7:9D-1.5.