reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 5 - SMALL WATER COMPANY TAKEOVER ACT REGULATIONS › Section 7:19-5.10 - Joint takeover order by the Department and BPU

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of
				the entire record of the joint public hearing and the contested case
				hearing(s), the Department and BPU shall jointly determine in a written order
				the appropriate actions to be taken on the basis of the entire record. If the
				acquisition option is not selected, then procedures under the Act
				terminate.
(b) If the Department
				and BPU have determined that the costs of improvements to and the acquisition
				of the non-complying small water company are necessary and reasonable, the
				Department and BPU shall jointly order the acquisition of the non-complying
				small water company by the most suitable entity.
1. The Department has responsibility for
				technical determinations and BPU has responsibility for the rate making
				function.
2. The Department will
				consult with BPU technical staff prior to making any technical determinations
				with regard to this joint order.
3.
				This order shall include an action by BPU subject to refund which provides for
				the immediate inclusion in the rates of the acquiring entity of the anticipated
				costs of necessary improvements, or, if the determination of acquisition costs
				has been deferred, as soon as possible thereafter as may be practicable and
				feasible consistent with
				7:19-5.11. The order shall also
				include the approved tariffs.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 5 - SMALL WATER COMPANY TAKEOVER ACT REGULATIONS › Section 7:19-5.11 - Acquisition costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the parties
				have not agreed to acquisition costs, BPU's and the Department's designated
				representatives shall convene at least one meeting within 60 days of the
				issuance of the joint hearing report pursuant to
				7:19-5.8(j)  and
				again within 15 days after issuance of the joint order prepared pursuant to
				7:19-5.10. Representatives of the
				Public Advocate, non-complying small water company and acquiring entity shall
				be notified of each meeting which will concern the possibility of mutual
				agreement on compensation for the acquisition and the other details pertaining
				to takeover of the non-complying small water company by the acquiring entity.
1. Meetings shall be continued if the
				Department and BPU determine in writing that a reasonable possibility of
				success for an agreement exists.
2.
				BPU and Departmental representatives shall certify in writing to the Department
				and BPU the status of these meetings every three months.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 5 - SMALL WATER COMPANY TAKEOVER ACT REGULATIONS › Section 7:19-5.12 - Compliance with joint order

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The acquiring
				entity which receives a joint order pursuant to
				7:19-5.10 shall acquire the
				non-complying small water company and make necessary improvements to assure the
				availability of water, the potability of water and the provision of water at
				adequate volume and pressure as mandated by
				58:11-62.
(b) The non-complying small water company
				shall immediately comply with the joint order and facilitate its sale to the
				acquiring entity as mandated by
				58:11-62.
(c) The failure of any utility to comply with
				a joint order pursuant to
				7:19-5.10 shall permit the BPU and
				the Department to proceed to enforce the joint order consistent with their
				statutory mandate.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 5 - SMALL WATER COMPANY TAKEOVER ACT REGULATIONS › Section 7:19-5.13 - Differential rate for customers of small water company for use of service of acquiring entity's system or facilities

Current through Register Vol. 56, No. 14, July 15, 2024
If the joint order pursuant to
				  7:19-5.10 has been issued BPU may,
				  in its discretion, allow the acquiring entity to charge and collect a
				  differential rate from the customers of the non-complying small water company
				  for the use or service of the acquiring entity's water supply system or
				  facilities pursuant to
				  58:11-63.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 6 - WATER SUPPLY MANAGEMENT ACT RULES › Section 7:19-6.1 - Scope and authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Statewide
				Water Supply Master Plan represents the planning mechanism by which the State
				approaches its water needs. Inclusion of a project in the Master Plan is a
				prerequisite for the expenditure of funds under the Water Supply Bond Act of
				1981.
(b) This subchapter is
				intended to provide administrative mechanisms through which some of the
				objectives of the Water Supply Management Act and more specific goals of the
				Water Supply Master Plan may be accomplished.
(c) The specific provisions mandated by this
				subchapter are subject to modification by administrative order by the
				Department. The provisions of this subchapter shall not supersede the
				provisions of administrative orders issued by the Department prior to the
				effective date of this subchapter.
(d) This subchapter includes administrative
				procedures and policies to carry out specified management responsibilities of
				the Department. These requirements supplement other rules adopted by the
				Department, such as the water allocation procedures for agricultural and
				non-agricultural uses of water (see N.J.A.C. 7:19 et seq.).
(e) To avoid the imposition of needless
				administrative burdens on water purveyors and users, only a limited number of
				specified requirements in this subchapter apply throughout New Jersey. Other
				requirements are only applicable within designated areas of critical water
				supply concern, where special situations require a greater degree of control to
				be exercised by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 6 - WATER SUPPLY MANAGEMENT ACT RULES › Section 7:19-6.3 - Determination of safe or dependable yield

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each purveyor
				shall either accept an estimate of safe yield from surface supplies or of
				dependable yield of subsurface sources previously made by the Department or
				submit its own evaluation and estimate for the approval of the Department
				within one year after a written request for such an estimate by the
				Department.
(b) A purveyor is
				required to provide a safe or dependable yield of water from its own sources,
				which, when added to water supplies available by contract and after subtraction
				of water obliged to be delivered by the purveyor by contract, shall be
				sufficient to provide for the normal demand of its own customers.
1. A progressive reduction in the
				potentiometric surface of an aquifer will be considered presumptive evidence
				that dependable yield of a subsurface source is less than current withdrawals,
				subject to acceptable evidence to the contrary.
2. Water supplies available by contract may
				be relied upon only if the contract is not subject to cancellation or
				suspension and the safe or dependable yield of the source of supply is not
				exceeded. Water obtainable through interconnections shall not be included
				unless reliable delivery is assured by contract.
3. All contracts relied upon to meet the
				requirement of this subsection (b) shall be subject to review and approval by
				the Department, in accordance with N.J.A.C. 7:19-7, to determine their
				compliance with the rules in this Chapter and the Act.
4. Increased safe yield or dependable yield
				of individual water supply systems may be allowed, to take advantage of system
				diversity and interconnections, but only in conformance with regional
				arrangements approved by the Department, under which coordinated systems of
				operation will assure system-safe yields greater than that which could be
				provided by the individual water systems.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 6 - WATER SUPPLY MANAGEMENT ACT RULES › Section 7:19-6.4 - Unaccounted-for water

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For each of the
				water purveyor size classes (see
				7:19-6.2, Definitions), an annual
				enumeration will be made by the Department of all purveyors, serving a
				population of over 500 persons, with unaccounted-for water in excess of 15
				percent. The Department may, at a later date, increase this percentage, if
				experience indicates that the 15 percent figure is low.
(b) For each purveyor size class, the
				Department shall determine the percentage of purveyors having the highest
				proportion of unaccounted-for water, and these purveyors will be determined by
				the Department to be provisionally delinquent. This determination may not
				include more than 35 percent of the total number of purveyors each year. These
				purveyors will be notified of their provisionally delinquent status.
(c) Purveyors found provisionally delinquent
				will be allowed one year in which to take appropriate corrective action,
				including elimination of leaks, establishment of records of use of previously
				unaccounted-for water and submission of a schedule for further corrective
				action. After consideration of supplementary information and the schedule
				submitted by the purveyor, an annual review of each provisionally delinquent
				purveyor will be conducted by the Department.
1. If the review establishes that the
				percentage of unaccounted-for water has been reduced to the median percentage
				for purveyors of that class, the provisionally delinquent status of the
				purveyor will be terminated.
2. If
				the provisionally delinquent status is reaffirmed and unless the purveyor
				submits a schedule for corrective action which is approved by the Department,
				an order will be issued by the Department, requiring the elimination of all
				undue losses in the system in accordance with a specified compliance
				schedule.
3. If the purveyor does
				not accept the findings of the annual review, it may request that the
				Department hold an informal, public fact-finding meeting, the findings of which
				must be approved by the Department.
4. Purveyors whose systems draw from and are
				laid in water table aquifers may be exempted from the requirements of this
				section provided that circumstances are such that leakage losses will not
				contribute to water shortages and that this is adequately documented by the
				purveyor.
5. The fee for conducting
				this delinquent status review will be $ 300.00 for Class 1 and $ 1,000 for
				Classes 2 and 3. After two years from the effective date of this subchapter, if
				it is determined that the average cost of conducting such reviews has
				decreased, the fees will be adjusted downward accordingly.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 6 - WATER SUPPLY MANAGEMENT ACT RULES › Section 7:19-6.5 - Water conservation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless more
				stringent water conservation measures are required by the Department, all
				public community water systems shall:
1.
				Proceed expeditiously to correct leakage in the total distribution system, as
				detected through a systematic program to monitor leakage. Program results may
				be required to be submitted to the Department at least once every three
				years;
2. Adopt and implement, to
				the satisfaction of the Department, an on-going program to encourage water
				conservation for all types of use within the area served by the system. This
				does not preclude other water conservation requirements imposed by the Board of
				Public Utilities;
3. Submit a Water
				Conservation and Drought Management Plan on forms provided by the Department
				with each initial, modification, or renewal application for a water supply
				allocation permit or major modification thereof, or contract approval. The
				Water Conservation and Drought Management Plan shall include:
i. A description of water conservation
				components;
ii. Interim, voluntary
				water use restrictions for implementation during corresponding stages of
				drought warning, drought emergency, precipitation deficits or reservoir storage
				deficits;
iii. Voluntary transfers
				of water via interconnections between water supply systems for use when
				prescribed reservoir storage level thresholds are reached;
iv. Other measures designed to reduce demand,
				consumption or water usage or loss, or which otherwise have the effect of
				maximizing water supplies during periods in which precipitation is lower than
				average and/or water supply storage is less than normal; and
v. For purveyors with water supply
				reservoirs, rule curves for reservoirs that can be used to establish storage
				level thresholds.
4.
				File water rate structures which provide incentives for water conservation with
				the Department and the Board of Public Utilities, as appropriate; and
5. Require installation of water meters for
				all service connections. This shall not apply to fire emergency uses. Water
				systems with fewer than 500 service connections or systems where it is
				demonstrated to the satisfaction of the Department that metering is not
				practical may be exempted from metering if it is shown that the annual average
				daily water use by the system does not exceed 75 gallons per person per
				day.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 6 - WATER SUPPLY MANAGEMENT ACT RULES › Section 7:19-6.6 - Rehabilitation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Purveyors shall
				comply with the following requirements for preparation and implementation of
				management and status surveys:
1. Within one
				year after the effective date of this subchapter, all Class 3 purveyors must
				perform management and status surveys in accordance with criteria to be
				provided by the Department, except that those having had such surveys or
				partial surveys performed within the preceding five years may, with the
				approval of the Department, submit such completed work in partial or complete
				compliance with this requirement. The survey must include an analysis of the
				current status of the system infrastructure and the planned renewal and
				rehabilitation required to maintain the system in good physical condition,
				including preventative maintenance. The survey shall be accompanied by an
				evaluation of the status of the system, including acceptance or rejection of
				each recommendation and a schedule for planned renewal and rehabilitation.
				Within two years of the effective date of this subchapter, all Class 2
				purveyors must also submit such surveys and evaluations. The management and
				status survey required hereby does not preclude compliance with similar
				requirements of the Board of Public Utilities.
2. Upon approval by the Department, the
				schedule of planned renewal and rehabilitation shall commence upon the next
				fiscal year starting after approval by the Department; thereafter it shall be
				implemented annually by the purveyor.
3. If no management and status survey is
				submitted pursuant to the above requirements or if the recommended schedule is
				disapproved by the Department, planned renewal and rehabilitation of system
				infrastructure shall be carried out by each purveyor to the extent of 10
				percent of total gross water supply revenue, in accordance with Departmental
				criteria.
4. Upon the effective
				date of these regulations, all Class 2 and 3 purveyors must initiate
				administrative preparation for planned renewal and rehabilitation programs, of
				the magnitude contemplated by this section, as applied to each purveyor's
				particular situation. This shall be done, without awaiting the completion of
				the management and status surveys required above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 6 - WATER SUPPLY MANAGEMENT ACT RULES › Section 7:19-6.7 - System pressure and storage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Public
				community water systems shall be adequately maintained so as to sustain minimum
				water pressures of at least 20 pounds per square inch at street level, in all
				parts of the distribution network, under all required flow conditions. The
				balances and interrelationships of source location, interconnections,
				transmission and distribution grid, size of transmission-distribution system
				lines, location of booster pumps, existence of pressure zones and location of
				storage facilities must be such as to insure the minimum pressure of 20 pounds
				per square inch at street level.
(b) With respect to the total capacity of
				system storage, the following minimum requirements apply to all systems. The
				Department may modify these requirements, provided adequate justifying data is
				submitted, demonstrating that service will not be disrupted during extended
				periods of system stress.
Type of System
Minimum Storage
Percentage of Average
Daily Demand
i.
Single, prime source, no interconnection(s),
						no
100 percent
auxiliary power at water source
ii.
Single, prime source, no
						interconnection(s),
80 percent
auxiliary power provided at water source +
iii.
Single, prime source with interconnection(s)
						++
50 percent
iv.
Multiple source, no interconnection(s),
						no
80 percent
auxiliary power at water source
v.
Multiple sources, no
						interconnection(s),
50 percent
auxiliary power provided at water source +
vi.
Multiple sources, with
						interconnection(s)
50 percent
vii.
Multiple sources, interconnection(s)++,
						auxiliary
30 percent
power provided at water source +
viii.
Same as vii. above, and distributing more
						than an
20 percent
average of 50 million gallons per day
+ Auxiliary power must be able to supply at
						least 50 percent of average
production.
++ Combined interconnection(s) must be able
						to supply at least 50 percent of
average production; contract commitment from
						supplier is required.
(c) Where
				system size allows, storage should be spread out and located at different
				points within the system.
(d) The
				provisions of this section are intended to complement
				7:10-11.8(a)  of
				the New Jersey Safe Drinking Water Act Regulations and are to be complied with
				in lieu of the present requirements in
				7:10-11.8(a)3  and
				4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 6 - WATER SUPPLY MANAGEMENT ACT RULES › Section 7:19-6.8 - Interconnections

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to
				assure the availability of water during times of emergency, including drought,
				the Department may require interconnections of the Class A or Class B standard
				(see 7:19-6.2, Definitions) to the
				extent practicable and economically feasible for all Class 2 and 3 purveyors.
				The purveyor, upon being notified of such a requirement, is required to conduct
				an interconnection feasibility study which must identify the most
				cost-effective alternative and schedule for project completion. The conclusions
				of the study shall be approved by the Department before project implementation.
				Prior to issuing an order requiring interconnections, the Department shall
				advise the purveyor(s) of the proposed action and thereafter allow 30 days for
				submission of information by the purveyor(s). If undue hardship would be caused
				by the proposed action, it may be waived by the Department.
(b) For the purposes of this subchapter,
				potential interconnections shall be presumed to be economically feasible in all
				cases in which the actual service areas of two-purveyor systems are closer than
				1,000 feet, at the closest point, measured between mains at least eight inches
				in diameter. Exceptions to this requirement may be granted where hardship can
				be shown, such as where system pressures require a pumping station. In cases
				where there is a minimum distance of over 1,000 feet, but less than a mile,
				between adjacent service areas, a feasibility study may be required. Where
				adjacent service areas are more than a mile distant at all points, a
				feasibility study will be required only in cases where there are special
				conditions threatening the continued viability of the existing source of
				water.
(c) Unless it can be clearly
				shown that benefits accrue mainly to one system, costs of interconnections
				shall be shared between the participating systems. Where both systems benefit,
				distribution of costs between participating systems shall be proportionate to
				the benefits, as approved by the Department.
(d) Large, integrated water systems may be
				exempt from the requirements of
				7:19-6.8 where it can be
				demonstrated that system components provide adequate alternative
				sources.
(e) If found to be
				necessary to accomplish the purposes of the Act, the Department may order the
				constructions of interconnections by purveyors serving less than 10,000
				population.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 6 - WATER SUPPLY MANAGEMENT ACT RULES › Section 7:19-6.9 - Operation of interconnections

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All Class 3
				purveyors shall make a report as to the status of interconnections within one
				year of the effective date of this subchapter.
(b) All Class 2 purveyors shall make a report
				as to status of interconnections within three years of the effective date of
				this subchapter.
(c) If found to be
				necessary to accomplish the purposes of the Act, the Department may require
				purveyors serving less than 10,000 population to provide a report as to the
				status of interconnections.
(d)
				Class 2 and 3 purveyors shall make interconnection flow tests (without
				measurement) on an annual basis on all interconnections six inches or more in
				diameter, unless exempted by the Department. The results of such tests may be
				submitted to the Department at any time, but shall be submitted by the end of
				each calendar year.
1. Such annual tests
				shall be attended by representatives of both interconnected systems.
2. When specifically ordered to do so by the
				Department, a purveyor shall perform complete interconnection flow
				tests.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 6 - WATER SUPPLY MANAGEMENT ACT RULES › Section 7:19-6.10 - Administrative hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A purveyor may
				apply in writing to the Department for an administrative hearing before the
				Office of Administrative Law within 15 days of receiving an order or other
				final decision pursuant to
				7:19-6.6(a)3  and
				6.8(a).
(b) An adversely affected
				person may apply in writing to the Department for an administrative hearing
				before the Office of Administrative Law within 15 days of receiving an order or
				other final decision pursuant to
				7:19-6.3(d).
(c) The request for a hearing shall be sent
				to 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. The request for a hearing shall specify in detail the basis
				for the request. The Department may attempt to settle the dispute by conducting
				such proceedings, meetings, and conferences as deemed appropriate. Should the
				efforts to settle the dispute fail, and the Department determines that the
				matter is a contested case, the Department will forward the request for a
				hearing to the Office of Administrative Law, pursuant to the provisions of the
				Administrative Hearings Act (N.J.S.A. 52:14B-1 et
				seq.).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 7 - PROCEDURES FOR CONTRACT REVIEW AND APPROVAL › Section 7:19-7.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of
				this subchapter is to ensure that the safe yield of a permittee's sources of
				supply and/or allocations are not exceeded as a result of the permittee's
				contractual obligations.
(b) This
				subchapter prescribes the procedures which shall be followed by applicants
				applying for approval of contracts for the sale of water.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 7 - PROCEDURES FOR CONTRACT REVIEW AND APPROVAL › Section 7:19-7.2 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter applies to contract arrangements for the
				  routine sale and purchase of water to be used by a public water supply or for
				  the transfer of base allocations pursuant to N.J.A.C. 7:19-8. Contract
				  arrangements for emergency purposes are excluded.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 7 - PROCEDURES FOR CONTRACT REVIEW AND APPROVAL › Section 7:19-7.3 - Procedures for contract approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The applicant
				for approval of a contract shall be the party which is selling water.
(b) The applicant shall contact the
				Department in accordance with
				7:19-1.7 to obtain application
				forms and other instructions necessary to file a complete application for
				contract approval. A complete application shall include:
1. A copy of the draft contract in final form
				or the executed contract in the case of existing contracts;
2. A copy of the completed contract review
				application form. This form is included in the 1993 Technical Manual for Water
				Allocation Permits prepared by and available from the Department in accordance
				with P.L. 1991, c. 422 (
				13:1D-111 et seq.), as updated or
				revised.
3. A Water Conservation
				and Drought Management Plan, for each party to the contract, in accordance with
				7:19-6.5(a)3, if
				such plan was not previously filed with the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 7 - PROCEDURES FOR CONTRACT REVIEW AND APPROVAL › Section 7:19-7.4 - Appeal procedure

Current through Register Vol. 56, No. 14, July 15, 2024
An applicant, the party buying the water or any person,
				  subject to the limitations on third party appeal rights set forth in P.L. 1993,
				  c. 359 ( 52:14B-3.1 through 3.3) who
				  believes himself or herself aggrieved by a decision of the Department pursuant
				  to this subchapter may request an adjudicatory hearing in accordance with
				  7:19-2.13.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 8 - AREAS OF CRITICAL WATER SUPPLY CONCERN › Section 7:19-8.1 - Scope and authority

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter constitutes the rules governing the
				  establishment of and management of water allocations within areas of critical
				  water supply concern pursuant to P.L. 1993, c. 202, of the Water Supply
				  Management Act (
				  58:1A-1 et seq.).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 8 - AREAS OF CRITICAL WATER SUPPLY CONCERN › Section 7:19-8.2 - Designation of areas of critical water supply concern

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Commissioner shall, after notice and public hearing, designate as areas of
				critical water supply concern those areas in which the Department determines
				that adverse conditions exist, related to the ground or surface water, such
				that special measures are required to ensure the integrity and viability of the
				water supply source and to protect the public health, safety or welfare. The
				Department shall demonstrate that the designation is warranted through the use
				of a water supply availability study. The adverse conditions upon which the
				designation of an area of critical water supply concern is based shall include
				one or more of the following:
1. Shortage of
				surface water due to diversions from surface or ground water sources which
				leave insufficient surface water for permitted, certified, or registered
				diversions or for environmental protection purposes within a drainage area of
				at least 10 square miles;
2.
				Shortage of ground water due to diversions exceeding the long-term, safe or
				dependable yield of an aquifer in an area of at least ten square miles. The
				Department may demonstrate such a shortage by a verified mathematical ground
				water model, or if such a model is unavailable, by one or more of the
				following:
i. A progressive lowering of ground
				water to the extent that existing wells of 50 feet or more in depth are
				threatened by declining water levels or rendered inoperative;
ii. A reduction of the average potentiometric
				surface in a confined aquifer such that the 30 foot below mean sea level
				contour is within five miles of salt water or intersects the 250 part per
				million chloride isochlor; and/or
iii. A reduction of the average
				potentiometric surface in an unconfined or semi-confined aquifer to the zero
				foot contour (mean sea level) or lower, such that the contour line is either
				within five miles of salt water or intersects the 250 part per million chloride
				isochlor;
3. Aquifer
				pollution, such that actual pollution contaminates a substantial part of the
				aquifer or major sources of hazardous or toxic pollution may be reasonably
				anticipated to contaminate the aquifer; and/or
4. Location within the Delaware River Basin
				Commission ground water protection area as designated by the Commission, where
				it has been determined that adverse conditions exist.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 8 - AREAS OF CRITICAL WATER SUPPLY CONCERN › Section 7:19-8.3 - Management of water allocations within areas of critical water supply concern

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For each area
				of critical water supply concern designated pursuant to
				7:19-8.2, the Department, in
				consultation with affected permittees and local governing bodies, shall:
1. Study water supply availability;
2. Estimate future water supply
				needs;
3. Identify appropriate and
				reasonable alternative water supply management strategies, including, but not
				limited to:
i. Water conservation;
ii. Substitution of alternative water
				sources;
iii. Participation in a
				Department approved regional water supply project;
iv. Transfer of diversion rights;
v. Artificial recharge of diversion sources;
				and
vi. Substitution of water
				supply from a noncritical aquifer; and
4. Select and adopt water supply alternatives
				after notice and public hearing pursuant to
				7:19-2.8 through 11.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 8 - AREAS OF CRITICAL WATER SUPPLY CONCERN › Section 7:19-8.4 - Water Supply Critical Area I

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				designated Water Supply Critical Area I by administrative order on July 30,
				1985. Based upon regional water supply studies substantiated by United States
				Geological Survey monitoring and modeling, and following public notice and
				public hearings, the Department determined that four aquifers, namely, the Mt.
				Laurel-Wenonah, the Englishtown, the Old Bridge, and the Farrington aquifers
				were depleted such that designation as an area of critical water supply concern
				was warranted. The boundary of the depleted zone of the critical area
				corresponds to the average potentiometric contour 30 feet below mean sea level
				for each affected aquifer, as published in "Water Levels in Major Artesian
				Aquifers of the New Jersey Coastal Plain, 1983 U.S.G.S., WRI 86-4028." The
				threatened zone, consisting of a three mile wide margin area, surrounds the
				depleted zone of each aquifer.
(b)
				The Department will determine base allocations within Water Supply Critical
				Area I in accordance with the following:
1.
				The base allocations from the depleted zone of the Mt. Laurel-Wenonah,
				Englishtown, and Farrington aquifers shall be reduced to an amount equal to
				0.50 x D83, where D83 is the permittee's 1983 annual withdrawal in millions of
				gallons from the depleted zone of each of these aquifers, as reported to the
				Department.
2. The base allocation
				from the depleted zone of the Old Bridge aquifer shall be reduced to an amount
				equal to 0.60 x D83, where D83 is the permittee's 1983 annual withdrawal in
				millions of gallons from the depleted zone of the aquifer, as reported to the
				Department.
3. The base allocation
				from the threatened zone of the Mt. Laurel-Wenonah, Englishtown, Farrington,
				and Old Bridge aquifers shall be equal to T83, where T83 is the permittee's
				1983 annual withdrawal in millions of gallons from the threatened zone of each
				of these aquifers, as reported to the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 8 - AREAS OF CRITICAL WATER SUPPLY CONCERN › Section 7:19-8.5 - Water Supply Critical Area II

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				designated Water Supply Critical Area II by administrative order on January 15,
				1993. Based upon a regional water supply study substantiated by United States
				Geological Survey monitoring and modeling, and following public notice and
				public hearings, the Department determined that the Potomac-Raritan-Magothy
				(PRM) aquifer system was depleted such that designation as an area of critical
				water supply concern was warranted. The boundary of the depleted zone of the
				critical area corresponds to the average potentiometric contour 30 feet below
				sea level for the PRM, as published in "Water Levels in Major Artesian Aquifers
				of the New Jersey Coastal Plain, 1983 U.S.G.S., WRI 86-4028." The threatened
				zone surrounds the depleted zone of the critical area.
(b) The Department will determine base
				allocations within Water Supply Critical Area II in accordance with the
				following:
1. For those allocations existing
				on July 24, 1993 for a period of not less than 10 years from that date, the
				Department shall not reduce any existing allocation to an amount less than
				either the amount withdrawn from the depleted and/or threatened zone in 1991 or
				the amount determined pursuant to (b)1i or ii below, whichever is smaller.
i. The base allocation from the depleted zone
				shall be:
DZ = (0.65 x D83) + (Dmax - D83)
Where DZ equals the depleted zone base allocation in millions
				  of gallons per year (MGY); D83 is the permittee's 1983 annual withdrawal from
				  the depleted zone of the Potomac-Raritan-Magothy (PRM) aquifer system in MGY;
				  and Dmax is the permittee's maximum annual withdrawal in MGY from the depleted
				  zone of the PRM aquifer system between 1983 and 1991.
ii. The base allocation from the threatened
				zone shall be the maximum annual withdrawal in millions of gallons per year
				from the threatened zone of the PRM aquifer system between 1983 and
				1991.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 8 - AREAS OF CRITICAL WATER SUPPLY CONCERN › Section 7:19-8.6 - Base allocation transfers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within areas of
				critical water supply concern, a permittee may transfer base allocations with
				the Department's approval, in order to facilitate the transfer of water to
				areas of anticipated growth or areas where alternative supplies of water are
				not available.
(b) The base
				allocation from the sending party, the permittee from which the base allocation
				is transferred, shall be transferred to the receiving party, the permittee to
				which the base allocation is transferred. Upon transfer of all or a portion of
				the base allocation by the sending party, the diversion privileges for that
				permittee shall be reduced by the Department, by an amount equal to the
				transferred base allocation and the diversion privileges of the receiving party
				shall be increased by an amount equal to the transferred base
				allocation.
(c) A permittee
				proposing to permanently transfer a portion of its base allocation to another
				permittee may do so either in a direct transaction between the two parties or
				through the auspices of a county water credit exchange established pursuant to
				7:19-8.5(e). The
				Department shall review and approve such a permanent transfer in accordance
				with 7:19-8.7.
(d) The Department does not consider the
				leasing of base allocations a viable long term water supply alternative but may
				consider it to be an acceptable short term alternative until a dependable long
				term alternative water supply is available.
(e) The permittee proposing to transfer all
				or part of its base allocation diversion privileges must be the applicant for
				approval of the transfer of base allocation pursuant to
				7:19-8.7.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 8 - AREAS OF CRITICAL WATER SUPPLY CONCERN › Section 7:19-8.7 - Base allocation and water supply allocation credit transfer procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A permittee
				seeking to transfer all or part of its base allocation or the permittee seeking
				to obtain water supply allocation credits shall submit an application to the
				Department which shall include the following:
1. A map showing the locations of the wells
				from which the base allocation is proposed to be transferred and the location
				of the receiving wells. Wells shall be identified by the Department's well
				permit number;
2. The aquifer and
				amount of base allocation or water supply allocation credits to be
				transferred;
3. An assessment of
				the impact of the transfer on the water resource and other users of the
				resource in the vicinity of receiving wells; and
4. Information demonstrating that the sending
				party's demands can be met after the transfer of the base allocation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 8 - AREAS OF CRITICAL WATER SUPPLY CONCERN › Section 7:19-8.8 - Adjudicatory hearings

Current through Register Vol. 56, No. 14, July 15, 2024
A permittee who believes himself or herself to be aggrieved
				  by a decision of the Department pursuant to this subchapter may request an
				  adjudicatory hearing in accordance with
				  7:19-2.13.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 9 - ESTABLISHMENT OF WATER SURCHARGE SCHEDULE › Section 7:19-9.1 - Scope and authority

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter, adopted pursuant to the Water Supply
				  Management Act,
				  58:1A-1 et seq., shall constitute
				  the rules governing the establishment of a water surcharge schedule applicable
				  during a declared state of emergency as mandated by Executive Order No. 5,
				  signed by Governor Thomas Kean on April 27, 1982.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 9 - ESTABLISHMENT OF WATER SURCHARGE SCHEDULE › Section 7:19-9.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to establish a water
				  surcharge schedule for the retail costs of water supplies during water
				  emergencies, declared by the Governor of the State of New Jersey. The schedule
				  will be utilized by all applicable water purveyors in the event of such a
				  declared emergency.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 9 - ESTABLISHMENT OF WATER SURCHARGE SCHEDULE › Section 7:19-9.4 - Submission of the water emergency surcharge schedule; quarterly report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon
				declaration of a water emergency, each applicable water purveyor shall submit a
				copy of its water surcharge schedule, determined pursuant to the method
				provided herein, to the Department of Environmental Protection.
(b) For monitoring purposes, each applicable
				water purveyor shall submit a bi-monthly report on its surcharge and rationing
				activities to the Water Emergency Task Force using forms provided by the
				Department.
(c) The purveyors shall
				also submit a quarterly report to the Department of Environmental Protection
				and the Department of Treasury and the Board of Public Utilities, where
				applicable, detailing the source, amount and other information required by
				these agencies concerning excess sums collected pursuant to the water surcharge
				schedule.
(d) The purveyors shall
				submit any additional reports and submittals necessary to properly manage a
				water emergency as may be required by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 9 - ESTABLISHMENT OF WATER SURCHARGE SCHEDULE › Section 7:19-9.5 - Collection of the emergency water surcharge; water emergency fund

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be the
				responsibility of the applicable water purveyor to assess and collect all sums
				under the water surcharge schedule and to forward, on a quarterly basis, those
				sums in excess of the amount collected under normal water rates, to a
				collecting authority designated by the Department of Treasury for deposit into
				a cash management account to be known as the "Water Emergency Fund."
(b) Access to the monies in the Fund shall be
				limited to the State Treasurer and the Commissioner of the Department of
				Environmental Protection or their designees.
(c) Interest accrued on the monies in this
				fund shall be credited to the Fund.
(d) The Fund shall be disposed of as directed
				by the Drought Coordinator, in consultation with the Commissioner, only for the
				following purposes;
1. The promotion of water
				conservation, the purchase of water conservation devices for distribution to
				water users affected by the water supply emergency, and emergency
				projects;
2. Reimbursement, in
				whole or part, to water purveyors for reasonable expenses incurred in the
				administration and enforcement of the accelerated rate schedule; and
3. Reasonable administrative costs directly
				attributed to the water supply emergency incurred by the State in the discharge
				of duties and responsibilities under an Executive Order which declares a water
				supply emergency.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 9 - ESTABLISHMENT OF WATER SURCHARGE SCHEDULE › Section 7:19-9.6 - Exemption from the water emergency surcharge schedule

Current through Register Vol. 56, No. 14, July 15, 2024
Exemptions from water rationing requirements in this
				  subchapter may be granted by the Department according to the procedures and
				  standards in N.J.A.C. 7:19-10.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 10 - POWERS OF THE COMMISSIONER DURING A WATER EMERGENCY › Section 7:19-10.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter establishes the restrictions and
				  requirements that the Commissioner may impose on water purveyors and users
				  during a water emergency, notwithstanding any State or local law or contractual
				  agreement. The Commissioner may impose such additional restrictions and
				  requirements during a water emergency he deems necessary to alleviate the water
				  emergency.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 10 - POWERS OF THE COMMISSIONER DURING A WATER EMERGENCY › Section 7:19-10.2 - Restrictions and requirements placed on water purveyors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				restrictions and requirements placed by the Commissioner on water purveyors
				during a water emergency may include the following:
1. Reduction by a specified amount of the use
				of any water supply;
2. Utilization
				of an alternate water supply where possible;
3. Emergency interconnections between water
				supply systems;
4. Transfer of
				water from any public or private system;
5. Cessation of the use of any water
				supply;
6. Alteration of passing
				flow requirements. Such alteration in passing flow requirements does not exempt
				the purveyor from paying appropriate excess diversion fees;
7. Imposition of bans on adjustable water
				uses;
8. Other modifications or
				measures to insure an adequate water supply;
9. Reduction, reapportionment and/or
				redistribution of their particular water supply;
10. Cessation of the distribution of their
				particular water supply;
11.
				Distribution of a specified amount of water to certain users; and
12. Collection by water purveyors of rates
				pursuant to the water emergency rate schedule.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 10 - POWERS OF THE COMMISSIONER DURING A WATER EMERGENCY › Section 7:19-10.3 - Requirements placed on departments and agencies within State government

Current through Register Vol. 56, No. 14, July 15, 2024
After a determination by the Commissioner and after notice
				  to the appropriate State government body, agency, department, said body,
				  agency, or department shall provide immediately, any information, assistance,
				  resources and personnel as shall be necessary for the Commissioner to discharge
				  his or her functions and responsibilities under the Act or this
				  subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 11 - GENERAL POWERS OF THE DEPARTMENT › Section 7:19-11.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter establishes the requirements that the
				  Commissioner shall impose on water purveyors and users, but not limited
				  thereto, after the effective date of this chapter.