New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20A - AGRICULTURAL, AQUACULTURAL, AND HORTICULTURAL WATER USAGE CERTIFICATION › Subchapter 2 - WATER USAGE CERTIFICATION PROCEDURE › Section 7:20A-2.6 - Water usage certification conditions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department,
				in consultation with the appropriate county agricultural agent, shall include
				as standard conditions in all water usage certifications the following
				conditions:
1. The term of the certification,
				which shall be five years;
2. A
				list of the approved diversion sources and the approved diversion rate for
				each;
3. The maximum allowable
				diversion for the certification, expressed in terms of a monthly and annual
				allocation;
4. That the
				certification holder shall maintain a log or other appropriate record in which
				the daily and/or monthly hours of operation, or month end meter readings for
				metered sources, for each diversion source is recorded in, and the quantity of
				water diverted monthly from each diversion source is recorded in indelible ink
				and is to be maintained on site for a minimum of three years after the end of
				the year in which the record was created;
5. That by February 28 of each year the
				certification holder shall submit to the Department, with a copy to the
				appropriate county agricultural agent, a report for the preceding calendar year
				of monthly water usage for each diversion source, as recorded in the log or
				other appropriate record required under (a)4 above, and the crop types planted
				and the acres of each crop type that were under irrigation;
6. That the certification holder may transfer
				the certification provided, in accordance with
				7:20A-1.6, notification is made to
				the appropriate county agricultural agent and the Department, and provided no
				changes or modifications are made in the specified conditions of the water
				usage certification;
7. That the
				Department may revoke the certification, after notice and after an adjudicatory
				hearing, if requested, for violations of the certification conditions or of the
				rules adopted or orders issued by the Department, and when deemed necessary for
				the public interest;
8. That the
				water diverted shall be used only for the approved purposes;
9. That if the authorized diversion
				privileges are not currently utilized, or are not reasonably required for a
				demonstrated future need, as described in the agriculture development plan
				developed pursuant to
				7:20A-2.4(d)1 
				through 3, they shall, all or in part, revert back to the State upon renewal or
				modification of the certification as determined by the Department;
10. That an increase in allocation, the
				relocation of a diversion source more than 100 feet from an existing diversion
				source or as authorized under
				7:20A-2.2(a)1  i,
				the addition of a new diversion source, or an increase in pumping capacity
				requires prior approval through a major modification of the certification,
				except as exempted pursuant to
				7:20A-2.2(b)6;
11. That a certification that includes a
				diversion source located within a water supply critical aquifer is subject to
				the water allocation management requirements for areas of critical water supply
				concern in the Department's Water Supply Allocation Permit rules at N.J.A.C.
				7:19-8;
12. All water usage
				certifications that impact or have the potential to impact surface water
				bodies, may include a passing flow for the affected portion of the waterbody.
				In establishing the passing flow, the Department shall take into account the
				needs of other authorized, existing downstream users, existing holders of a
				valid water supply allocation permit or registration, water usage certification
				or agricultural water usage registration, aquatic and water-dependent
				ecological requirements, use and classification of the waterbody, natural
				streamflow variability (hydrograph) of the impacted waterbody, impacts to the
				safe yield of existing public water supply systems, and the feasibility of
				implementing a passing flow requirement.
i.
				The Department may implement the use of new passing flow assessment tools as
				they develop in order to protect the integrity of waterbodies;
13. The certification holder is
				responsible for mitigating to the Department's satisfaction adverse impacts on
				ground or surface waters, or appropriately permitted users of wells or surface
				water resulting directly from the certification holder's diversion;
				and
14. The Department may impose
				additional conditions in a new certification or a major modification to an
				existing certification to ensure protection of the source water for public
				community water systems in accordance with the standards at
				7:10-11.7.