reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 2 - PERMIT AND WATER USE REGISTRATION PROCEDURES; PERMITS-BY-RULE › Section 7:19-2.2 - Application requirements for water supply allocation permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant
				for a water supply allocation permit or a major modification of a water supply
				allocation permit shall contact the Department in accordance with
				7:19-1.9 to obtain current
				application forms and other instructions and information necessary to file a
				complete application.
(b) The
				applicant shall follow all the instructions, complete the application forms,
				obtain and prepare all other documents required by the instructions, and submit
				the completed application, other required information, and any applicable fees
				required pursuant to N.J.A.C. 7:19-3 to the Department.
(c) The applicant for the diversion of ground
				water shall provide a discussion of the geology, hydrogeology, and the expected
				impacts of the diversion both on the resource and on other users of that
				resource. An applicant whose application includes a new well, an increase in
				diversion capacity, and/or an increase in monthly or yearly allocation shall
				conduct a hydrogeologic test in accordance with New Jersey Geological Survey
				Geological Survey Report GSR 29, Guidelines for Preparing Hydrogeological
				Reports for Water-Allocation Permit Applications, with an Appendix on
				Aquifer-Test Analysis Procedures (GSR 29). These guidelines can be obtained by
				contacting the Department in accordance with N.J.A.C. 7:19-1.9. The Department
				shall waive this requirement if sufficient recent hydrogeologic information is
				obtained by the applicant to allow a comprehensive hydrological evaluation of
				the impacts of the proposed diversion in accordance with
				7:19-2.2(d)5. In
				either case, a final hydrogeologic report completed in accordance with GSR 29
				is required to be submitted with the application.
(d) The applicant for the diversion of
				surface water shall provide information on the watershed, including:
1. Size of drainage area to the diversion
				point;
2. Stream water quality
				classification;
3. Stream flow
				records, including flow duration curves and hydrographs. If there are no stream
				flow records the applicant shall contact the Department in accordance with
				7:19-1.9 to determine the
				procedures to be followed for obtaining stream flow records for a similar
				stream and adapting those records for use;
4. Upstream and downstream diversions, and
				discharges including the volumes and locations thereof, and any information
				necessary for the applicant to determine impacts; and
5. A comprehensive hydrological evaluation of
				the proposed diversion and a discussion of the expected impacts of the proposed
				diversion both on the water resource and on upstream and downstream diversions
				and discharges.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 2 - PERMIT AND WATER USE REGISTRATION PROCEDURES; PERMITS-BY-RULE › Section 7:19-2.3 - Application requirements for temporary dewatering permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant
				for a temporary dewatering permit shall contact the Department in accordance
				with 7:19-1.9 to obtain current
				application forms and other instructions and information necessary to file a
				complete application. The applicant for the temporary dewatering permit shall
				be the project owner or utility responsible for the construction and not the
				contractor.
(b) The applicant shall
				follow all the instructions, complete the application forms, obtain and prepare
				all other documents required by the instructions, and submit the completed
				application, other documents, required information and any applicable fees
				required pursuant to N.J.A.C. 7:19-3 to the Department.
(c) The applicant shall list the depth to
				water, the corresponding surface elevations, and the projected depths of
				excavations and dewatering over the work site.
(d) The applicant shall discuss the geology,
				hydrogeology, and the expected impacts of the proposed diversion both on the
				resource and other users of the water resource.
(e) The applicant shall provide a list of the
				following items, along with a United States Geological Survey topographic
				quadrangle map with the locations of the items identified thereon:
1. The proposed withdrawal site, including
				latitude and longitude;
2. All
				water supply wells within a one-quarter-mile radius; and
3. All landfills and ground water
				contamination sites within a one-quarter-mile radius.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 2 - PERMIT AND WATER USE REGISTRATION PROCEDURES; PERMITS-BY-RULE › Section 7:19-2.4 - Application requirements for renewal of permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applications
				for renewal of current permits shall be submitted three months prior to
				expiration of the current permit.
(b) Applicants for renewal of current permits
				shall submit appropriate application forms and other information as requested
				of a specific applicant by the Department for the proper implementation of the
				Act and this chapter. Copies of the application forms are 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.
(c) If the permittee does
				not comply with (a) and (b) above, the Department may:
1. Notify the permittee by certified mail
				that the permit has expired;
2.
				Take appropriate enforcement action including the assessment of penalties under
				N.J.A.C. 7:19-18; and
3. Require
				the permittee to file an application as a new applicant in accordance with
				7:19-2.2 or 2.3 and pay the initial
				fee and annual fee as set forth in N.J.A.C. 7:19-3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 2 - PERMIT AND WATER USE REGISTRATION PROCEDURES; PERMITS-BY-RULE › Section 7:19-2.5 - Application review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				will make a preliminary review of each application as follows:
1. If the application does not contain all
				documents and information required pursuant to
				7:19-2.2 through 2.4, the
				Department may, at its discretion, within 20 working days of receipt of the
				application, return the application or advise the applicant in writing as to
				the additional information required to make the application administratively
				complete and the date by which the additional information must be received by
				the Department. If an application is returned, the applicant will be advised in
				writing as to the additional information required to make the application
				complete.
2. If the application
				contains all documents and information required pursuant to
				7:19-2.2 through 2.4 and is
				determined to be administratively complete, the Department, within 20 working
				days of receipt of the application, will so advise the applicant in
				writing.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 2 - PERMIT AND WATER USE REGISTRATION PROCEDURES; PERMITS-BY-RULE › Section 7:19-2.6 - Opportunity to review application by interested parties

Current through Register Vol. 56, No. 14, July 15, 2024
Once the Department determines that an application is
				  administratively complete in accordance with
				  7:19-2.5(a), the
				  application may be reviewed in person at the Department by any interested
				  parties and copies may be obtained from the Department upon payment of the fee
				  for duplication prescribed by law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 2 - PERMIT AND WATER USE REGISTRATION PROCEDURES; PERMITS-BY-RULE › Section 7:19-2.7 - Public notice and preliminary decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department,
				following its determination that the application for a new permit or major
				modification of a permit is technically complete pursuant to
				7:19-2.5(b), will:
1. Publish a notice of application for a
				water supply allocation permit or temporary dewatering permit in a newspaper of
				general circulation in the area affected by the proposed diversion. The notice
				shall contain:
i. A description of the
				proposed diversion, including but not limited to the source, location, quantity
				and/or allocation of water to be diverted.
ii. The date of the close of the public
				comment period on the application, which shall be at least 30 days from the
				date of publication of the notice of application for a water supply allocation
				permit, or at least 14 days from the date of publication of the notice of
				application in the case of a temporary dewatering permit or a local water
				emergency.
iii. A statement that
				written comments, arguments or objections to the application may be submitted
				until the end of the public comment period; and
iv. A statement that a hearing shall be
				scheduled if any interested party, including the applicant or the Department,
				so requests in writing, before the end of the comment period. The Department
				will provide notice of the hearing date in accordance with (d) below;
				and
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 2 - PERMIT AND WATER USE REGISTRATION PROCEDURES; PERMITS-BY-RULE › Section 7:19-2.8 - The public hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall hold a public hearing on the date specified in the notice or on the day
				or days to which it has been adjourned when:
1. A timely request has been filed;
				or
2. It has been determined that a
				hearing would be in the public interest.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 2 - PERMIT AND WATER USE REGISTRATION PROCEDURES; PERMITS-BY-RULE › Section 7:19-2.9 - Final staff review and Hearing Officer's Report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				will review the hearing transcript in conjunction with the application and
				written comments timely received and will develop, if necessary, an addendum to
				the staff recommendation prepared pursuant to
				7:19-2.7(c). The
				Department will forward the addendum to the hearing officer.
(b) The hearing officer shall review the
				application, comments received, the hearing transcript, the staff
				recommendation, and addendum, if any. The hearing officer shall prepare and
				submit written findings and recommendations in the form of a Hearing Officer's
				Report to the decision maker for a final decision on the application for a
				permit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 2 - PERMIT AND WATER USE REGISTRATION PROCEDURES; PERMITS-BY-RULE › Section 7:19-2.10 - Decision making

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The decision
				maker shall review the staff recommendation and addendum, if any, and the
				Hearing Officer's Report and set forth in the Decision Maker's Statement the
				decision to issue a permit or deny the application. If the decision is to issue
				a permit, the Decision Maker's Statement shall include any conditions to be
				attached to the permit.
(b) The
				decision maker may review any other documents submitted during the review
				process and will use his or her professional judgment when making a
				decision.
(c) The permit shall be
				issued or denied after the Decision Maker's Statement has been issued and all
				applicable fees have been paid.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 2 - PERMIT AND WATER USE REGISTRATION PROCEDURES; PERMITS-BY-RULE › Section 7:19-2.11 - Notification of decision

Current through Register Vol. 56, No. 14, July 15, 2024
The applicant shall be notified in writing of the
				  Department's decision to issue a permit or deny the application. In addition,
				  all persons who testified at the public hearing, or who provided written
				  comments or requested notification of the decision on the permit application,
				  shall be notified by letter of the decision.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 2 - PERMIT AND WATER USE REGISTRATION PROCEDURES; PERMITS-BY-RULE › Section 7:19-2.12 - Record of decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall maintain for each application a record that consists of the following:
1. The application documents;
2. Staff recommendation and addendum, if
				any;
3. The Hearing Officer's
				Report and hearing transcript;
4.
				The Decision Maker's Statement;
5.
				Written comments received; and
6.
				The permit or letter of denial.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 2 - PERMIT AND WATER USE REGISTRATION PROCEDURES; PERMITS-BY-RULE › Section 7:19-2.13 - Request for adjudicatory hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant or
				any person, subject to the limitation on third party appeal rights set forth in
				P.L.
				1993, c. 359 (52:4B-3.1 through 3.3), who
				believes himself or herself to be aggrieved, with respect to decisions made by
				the Department regarding any permit, permit condition, or application denial
				may contest the decision and request a contested case hearing pursuant to the
				Administrative Procedure Act,
				52:14B-1 et seq. and the New
				Jersey Uniform Administrative Procedure Rules N.J.A.C. 1:1, if the Department:
1. Denies an application for a water supply
				allocation permit, or any part thereof;
2. Revokes, withdraws or modifies a
				previously issued approval;
3.
				Denies a contract for the sale of water under
				N.J.A.C.
				7:19-7; or
4. Issues a permit with conditions that the
				applicant considers unreasonable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 2 - PERMIT AND WATER USE REGISTRATION PROCEDURES; PERMITS-BY-RULE › Section 7:19-2.15 - Procedures for the recalling of a permit for modification or revocation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon a
				determination that the permittee has failed to comply with
				58:1A-1 et seq., 58:4A-4.1 et
				seq., 58:12A-1 et seq., rules promulgated pursuant to those acts or its permit
				conditions and/or if there is substantiated evidence that the permittee is
				adversely affecting others and/or when in the public interest, the Department
				may recall the permit to determine if revocation or modification is
				necessary.
(b) Prior to revoking or
				modifying the permit, the Department shall provide the permittee with notice
				and a public hearing, if requested, in accordance with the procedure set forth
				at 7:19-2.8.
(c) Between the time the notice of the
				hearing is published and the hearing is held, the Department shall prepare a
				fact finding report which details all permit deficiencies and provides
				recommended solutions. This report shall be presented for comment at the public
				hearing.
(d) The costs of the
				hearing shall be paid in accordance with
				7:19-2.8(f).
(e) The hearing officer shall issue a Hearing
				Officer's Report in accordance with the procedures set forth at
				7:19-2.9, and the decision maker
				shall render a decision in accordance with the procedure set forth at
				7:19-2.10.
(f) The permittee shall be notified of the
				Department's decision in accordance with the procedure set forth at
				7:19-2.11.
(g) A permittee whose permit has been revoked
				or modified by the Department pursuant to this section 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 2 - PERMIT AND WATER USE REGISTRATION PROCEDURES; PERMITS-BY-RULE › Section 7:19-2.16 - Permit cancellation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A permittee may
				request the cancellation of its water supply allocation or temporary dewatering
				permit as follows:
1. If the permittee's water
				usage has declined below 100,000 gallons of water per day for more than 30 days
				in a consecutive 365 day period, the permittee shall submit to the Department a
				written request for the cancellation of the permit and assignment of a water
				use registration number in accordance with
				7:19-2.18.
2. If the permittee does not intend to use a
				well or wells, the permittee shall submit to the Department a written request
				for the cancellation of the permit and shall seal any such well in accordance
				with N.J.A.C. 7:9-9.
3. If the
				permittee has no current water demand but may use its well in the future, the
				permittee shall submit to the Department a written request for cancellation of
				the permit and placement of the well on the Department's list of inactive
				wells.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 2 - PERMIT AND WATER USE REGISTRATION PROCEDURES; PERMITS-BY-RULE › Section 7:19-2.17 - Short term water use and dewatering permits-by-rule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person
				intending to divert more than 100,000 gallons of water per day for less than 31
				days within a consecutive 365 day period may be authorized for such a diversion
				under a short term water use permit-by-rule, provided such person:
1. Completes and submits a short term water
				use permit-by-rule notification on a form provided by the Department, at least
				30 days prior to the initiation of the diversion. 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.
2. Repairs or replaces, as
				necessary, any well or surface water supply system which is damaged or goes
				dry, has reduced capacity or reduced water quality, or is otherwise rendered
				unusable as a result of the diversion authorized pursuant to this subsection;
				and
3. Submits a short term water
				use report on a form provided by the Department specifying the amount of water
				diverted each day during the duration of the diversion authorized pursuant to
				this subsection.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 2 - PERMIT AND WATER USE REGISTRATION PROCEDURES; PERMITS-BY-RULE › Section 7:19-2.18 - Water use registration requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who
				presently has the capability to divert more than 100,000 gallons of water per
				day who diverts less than that quantity and who does not have current
				registration, shall immediately register with the Department on forms provided
				by the Department. The forms shall be completed in its entirety or the
				application for registration will be returned so that the applicant can provide
				any missing information. A site map indicating the location of each diversion
				source shall also be submitted. Each person who applies for registration shall
				list in the application the State-assigned well permit numbers pursuant to
				58:4A-14. Within 20 working days
				following receipt of the application for registration by the Department, the
				Department will assign a water use registration number.
(b) Each person with a water use registration
				shall submit an annual report by January 31 of each year detailing metered
				monthly water usage for the preceding calendar year on forms provided by the
				Department.
(c) All diversion
				sources shall be equipped with totalizing flow meters, which shall be
				calibrated at least once every five years, within 60 days of assignment of a
				water use registration number by the Department or within 60 days of completion
				of a well, whichever occurs last. If the diversion source is used solely for
				the purpose of fire protection or if the registrant demonstrates to the
				satisfaction of the Department that the installation of a totalizing flow meter
				is impractical or unreasonable, the registrant may estimate diversion
				quantities using an accurate and reasonable method approved by the
				Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 3 - FEE SCHEDULE FOR WATER SUPPLY ALLOCATION PERMITS AND WATER USE REGISTRATIONS › Section 7:19-3.1 - Scope and authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				shall constitute the rules governing the establishment of a water supply
				allocation permit fee schedule, as mandated by Section 11 of the Water Supply
				Management Act,
				58:1A-1 et seq.
(b) This subchapter also establishes fees
				applicable to the issuance of water use registrations.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 3 - FEE SCHEDULE FOR WATER SUPPLY ALLOCATION PERMITS AND WATER USE REGISTRATIONS › Section 7:19-3.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to establish fees for the
				  water allocation program set forth in N.J.A.C. 7:19-1 and 2 based upon and not
				  to exceed the estimated cost of processing, monitoring, administering and
				  enforcing water supply allocation and temporary dewatering permits, and water
				  use registrations. The fee schedule shall be annually reviewed with respect to
				  any changes in the costs of processing, monitoring, administering and enforcing
				  water supply allocation and temporary dewatering permits, and water use
				  registrations. The expenses of public hearings to be charged to applicants by
				  the Department pursuant to
				  7:19-2.8(f)  shall
				  not be included in the calculations of the fee schedule set forth in this
				  subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 3 - FEE SCHEDULE FOR WATER SUPPLY ALLOCATION PERMITS AND WATER USE REGISTRATIONS › Section 7:19-3.3 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall be applicable to all those persons as
				  set forth in
				  7:19-1.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 3 - FEE SCHEDULE FOR WATER SUPPLY ALLOCATION PERMITS AND WATER USE REGISTRATIONS › Section 7:19-3.4 - Establishment of fee schedule

Current through Register Vol. 56, No. 14, July 15, 2024
The Department shall review the fee schedules set forth in
				  this subchapter prior to September 1 of each year. The figures will be adjusted
				  up or down annually by the previous 12 month inflation factor. The inflation
				  factor is based upon the United States Department of Labor, Bureau of Labor
				  Statistics data published in the monthly CPI Detailed Report. The data will be
				  taken from the most recent report available on July 1 of each year and the
				  actual percentage used will be the past year percent change for the U.S. city
				  average, all items, all urban consumers.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 3 - FEE SCHEDULE FOR WATER SUPPLY ALLOCATION PERMITS AND WATER USE REGISTRATIONS › Section 7:19-3.5 - Fees for Water Allocation Permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All applicable
				fees shall be paid in accordance with the fee schedule established in
				7:19-3.6, and as specified below:
1. Any person who applies for a new permit or
				a major modification of an existing permit shall submit, along with the
				application, the applicable initial or modification fee set forth in
				7:19-3.6(a)1,
				based on the class of the allocation listed in (d)1 below.
2. Each permittee shall pay the appropriate
				annual fee set forth in
				7:19-3.6(a)2,
				based on the allocation class listed in (d)1 below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 3 - FEE SCHEDULE FOR WATER SUPPLY ALLOCATION PERMITS AND WATER USE REGISTRATIONS › Section 7:19-3.6 - Fee schedule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Fees
				shall be charged for water supply allocation and dewatering permits issued
				pursuant to this chapter pursuant to the following schedule:
1. Initial application and permit
				modification fees ($):
Class 1
Class 2
Class 3
Class 4
Class 5
Class 6
i. Surface water diversions
7,210
8,125
10,485
18,080
19,750
21,430
ii. Ground water diversions
9,030
10,140
12,100
22,605
24,625
26,295
iii. Ground and surface water diversions in which
						  waters are returned undiminished to the source
4,300
5,760
7,210
8,675
10,010
11,350
iv. Dewatering diversions
8,775
8,775
8,775
22,435
22,435
22,435
2.
				Annual fees ($):
Class 1
Class 2
Class 3
Class 4
Class 5
Class 6
i. Surface water diversions
3,470
4,075
6,975
12,040
15,390
18,750
ii. Ground water diversions
4,670
5,405
8,725
15,065
18,420
21,770
iii. Ground and surface water diversions in which
						  waters are returned undiminished to the source
1,515
2,495
4,481
5,780
6,765
7,720
iv. Dewatering diversions
4,540
4,540
4,540
14,995
14,995
14,995
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 3 - FEE SCHEDULE FOR WATER SUPPLY ALLOCATION PERMITS AND WATER USE REGISTRATIONS › Section 7:19-3.7 - Payment of annual fee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				will send to each permittee or water use registrant an invoice for the next
				subsequent calendar year's annual fee by December 31 of each calendar
				year.
(b) Each permittee or water
				use registrant shall remit the annual fee by March 1 of the calendar year for
				which the fee is due.
(c) Payments
				shall be by check or money order made payable to "Treasurer, State of New
				Jersey," and mailed, with the invoice, by the due date set forth in (a) above
				to:
NJ Department of Treasury
Division of Revenue
PO Box 417
Trenton, NJ 08046-0417
(d) For each permit issued, the Department
				will send the permittee an invoice for the applicable annual fee for the
				remainder of the year in which the permit is issued pursuant to
				7:19-3.5(b).
				Payment shall be made by the due date specified in the invoice.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 3 - FEE SCHEDULE FOR WATER SUPPLY ALLOCATION PERMITS AND WATER USE REGISTRATIONS › Section 7:19-3.8 - Failure to timely submit the annual fee payment

Current through Register Vol. 56, No. 14, July 15, 2024
Failure to pay the annual fee by the due date established
				  pursuant to
				  7:19-3.7 shall be considered a
				  violation of the Act subject to the penalty provisions of N.J.A.C. 7:19-18. The
				  Department shall deem such failure to pay the annual fee a voluntary
				  termination and surrender of the permit by the permittee or the water use
				  registration by the registrant. Any permittee or registrant who fails to pay
				  their annual fee by the established due date shall terminate all diversion
				  activity as of the established due date.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 4 - PROCEDURES FOR DETERMINING, ASSESSING AND COLLECTING PAYMENTS FOR EXCESS WATER DIVERSION › Section 7:19-4.1 - Scope and authority

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall constitute the Department's procedural
				  rules for determining, assessing and collecting the payments required by
				  58:2-1 et seq. for the diversion
				  of waters of streams or lakes for the purpose of public water supply and the
				  procedures for payment for subsurface, well or percolating water supplies
				  obtained by use of the State's right of eminent domain.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 4 - PROCEDURES FOR DETERMINING, ASSESSING AND COLLECTING PAYMENTS FOR EXCESS WATER DIVERSION › Section 7:19-4.2 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules
				shall be liberally construed to permit the Department to discharge its
				statutory functions pursuant to
				58:2-1 et seq.
(b) The Commissioner may amend, repeal or
				rescind this subchapter from time to time in conformance with the
				Administrative Procedure Act,
				52:14B-1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 4 - PROCEDURES FOR DETERMINING, ASSESSING AND COLLECTING PAYMENTS FOR EXCESS WATER DIVERSION › Section 7:19-4.3 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules
				apply to all persons who divert waters of streams or lakes with outlets for the
				purpose of public water supply and who divert a total amount in excess of 100
				gallons of water daily for each inhabitant of the municipality or
				municipalities supplied, as shown by the census of 1905, or in excess of such
				greater amount legally diverted on June 17, 1907.
(b) These rules apply to diversions from
				wells or ponds fed mostly from percolating groundwaters, where those waters are
				diverted from sources of supply which were obtained by exercising the State's
				right of eminent domain.
(c) These
				rules shall not apply to water diverted within the corporate limits of a
				municipality for manufacturing and fire purposes only, and returned without
				pollution to the stream from which it was taken within said corporate
				limits.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 4 - PROCEDURES FOR DETERMINING, ASSESSING AND COLLECTING PAYMENTS FOR EXCESS WATER DIVERSION › Section 7:19-4.4 - Diversion reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All persons
				diverting water shall report the quantity diverted each month to the:
Bureau of Water Allocation
CN 426
Trenton, New Jersey 08625
(b) These reports shall be submitted in
				accordance with
				7:19-2.14(a)3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 4 - PROCEDURES FOR DETERMINING, ASSESSING AND COLLECTING PAYMENTS FOR EXCESS WATER DIVERSION › Section 7:19-4.5 - Schedule for calculating and making payment of the amount due pursuant to N.J.S.A. 58:2-1 et seq

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall calculate each diverter's excess diversion fee in accordance with the
				methodology set forth in
				7:19-4.6 and certify the amount due
				from each diverter to the State Comptroller of New Jersey each year.
(b) The State Comptroller, through the Bureau
				of Revenue, shall notify each diverter of the amount it owes the State and the
				date on which payment is due.
(c)
				Payments shall be payable to the Treasurer, State of New Jersey and mailed by
				the due date to:
Bureau of Revenue
CN 417
Trenton, New Jersey 08625
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 4 - PROCEDURES FOR DETERMINING, ASSESSING AND COLLECTING PAYMENTS FOR EXCESS WATER DIVERSION › Section 7:19-4.6 - Calculation of fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall segregate from the quarterly diversion reports those portions of the
				total diversion from surface water for the purpose of public water supplies
				subject to the charges authorized by
				58:2-1 et seq.
1. The Department shall use the diversion
				reports of the supplier of water in cases where there is a difference between
				the supplier's and recipient's report on the quantity of water
				diverted.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 4 - PROCEDURES FOR DETERMINING, ASSESSING AND COLLECTING PAYMENTS FOR EXCESS WATER DIVERSION › Section 7:19-4.7 - Payment for diversions from wells or percolating water supplies

Current through Register Vol. 56, No. 14, July 15, 2024
In cases where the State's right of eminent domain is
				  exercised for the condemnation of well or percolating water supplies, the
				  purveyor shall be charged a fee of $ 1.00 per million gallons of water diverted
				  from such sources.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 4 - PROCEDURES FOR DETERMINING, ASSESSING AND COLLECTING PAYMENTS FOR EXCESS WATER DIVERSION › Section 7:19-4.8 - Free allowance determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall determine the free allowance each purveyor is entitled to in accordance
				with the following:
1. Each purveyor shall be
				granted an allowance of 100 gallons daily for each inhabitant of the
				municipality or municipalities supplied, as shown by the census of 1905;
				or
2. The amount, in excess of the
				amount specified in 1. above, that the purveyor was legally diverting on June
				17, 1907.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 4 - PROCEDURES FOR DETERMINING, ASSESSING AND COLLECTING PAYMENTS FOR EXCESS WATER DIVERSION › Section 7:19-4.9 - Changes in procedure for determining excess diversions

Current through Register Vol. 56, No. 14, July 15, 2024
During an emergency declared by the Governor pursuant to the
				  Water Supply Management Act,
				  58:1A-1 et seq., the Department
				  may amend the above procedures with public notice, in accordance with the
				  emergency powers set forth in the Water Supply Management Act.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 4 - PROCEDURES FOR DETERMINING, ASSESSING AND COLLECTING PAYMENTS FOR EXCESS WATER DIVERSION › Section 7:19-4.10 - Appeal procedure

Current through Register Vol. 56, No. 14, July 15, 2024
Any party aggrieved by the Department's determination of its
				  excess diversion fee may appeal the determination by submitting a letter
				  requesting an adjudicatory hearing, pursuant to
				  7:19-2.13, to the Department before
				  March 20 or 30 days after receipt of the bill whichever is later.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 4 - PROCEDURES FOR DETERMINING, ASSESSING AND COLLECTING PAYMENTS FOR EXCESS WATER DIVERSION › Section 7:19-4.11 - Procedure on nonpayment of fee

Current through Register Vol. 56, No. 14, July 15, 2024
The State Comptroller shall certify the names of and amounts
				  due from delinquent diverters as of July 1 each year to the Attorney General
				  for collection of the amount due, except for those fees stayed on
				  appeal.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 5 - SMALL WATER COMPANY TAKEOVER ACT REGULATIONS › Section 7:19-5.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter implements the provisions of
				  58:11-59 et seq., commonly known
				  as the "Small Water Company Takeover Act". This subchapter establishes
				  procedures by which a small water company that does not comply with appropriate
				  statutory and regulatory standards concerning actual or imminent public health
				  problems may be acquired or "take nover" by the most suitable public or private
				  entity pursuant to a joint order issued by the New Jersey Department of
				  Environmental Protection and the New Jersey Board of Public Utilities.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 5 - SMALL WATER COMPANY TAKEOVER ACT REGULATIONS › Section 7:19-5.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
Unless the context clearly indicates otherwise, the
				  following terms, when used in this subchapter, shall have the following
				  meanings:
"Act" means the "Small Water Company Takeover Act",
				  58:11-59 et seq.
"Actual or imminent public health problems" means any
				  violations by a small water company of appropriate statutory and regulatory
				  standards, including but not limited to the New Jersey Safe Drinking Water
				  Regulations, N.J.A.C. 7:10-1 through 13, which adversely affects the quality,
				  pressure or volume of water delivered as determined by the Department.
				  Violations by a small water company of appropriate statutory and regulatory
				  standards that do not adversely affect the quality, pressure or volume of water
				  delivered as determined by the Department shall not be considered actual or
				  imminent public health problems for the purposes of this subchapter, including,
				  but not limited to, aesthetic water quality problems or minor design
				  deficiencies.
"BPU" means the New Jersey Board of Public Utilities.
"Capable" means financially and operationally able to provide
				  safe, adequate and proper water service for the customers of the small water
				  company to be acquired currently or in the foreseeable future. BPU shall be
				  consulted by the Department concerning any public or private water systems'
				  financial status.
"Commissioner" means the Commissioner of Environmental
				  Protection or his designated representative.
"Department" means the Department of Environmental
				  Protection.
"Division" means the Division of Water Resources of the
				  Department of Environmental Protection.
"Proximate" means and includes all public or private water
				  companies, municipal utilities authorities established pursuant to
				  40:14B-1 et seq., municipalities
				  or any other suitable governmental entities wherein the small water company
				  provides service regardless of their ability to reasonably physically
				  interconnect with the small water company to be acquired.
"Public Advocate" means the Department of the Public
				  Advocate.
"Small water company" means any company, purveyor or entity,
				  other than a governmental agency, that provides water for human consumption and
				  which regularly serves less than 1,000 customer connections.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 5 - SMALL WATER COMPANY TAKEOVER ACT REGULATIONS › Section 7:19-5.3 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				shall be liberally construed to permit the Department and BPU to discharge
				their statutory functions.
(b) The
				Department and BPU may jointly amend, repeal or rescind this subchapter from
				time to time in conformance with the Administrative Procedure Act,
				52:14B-1 et seq., and any
				regulations promulgated pursuant thereto.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 5 - SMALL WATER COMPANY TAKEOVER ACT REGULATIONS › Section 7:19-5.4 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall apply to all small water companies
				  within the State of New Jersey.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 5 - SMALL WATER COMPANY TAKEOVER ACT REGULATIONS › Section 7:19-5.5 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any section, subsection, provision, clause or portion of
				  these regulations is adjudged unconstitutional or invalid by a court of
				  competent jurisdiction, the remainder of this subchapter shall not be affected
				  thereby.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 5 - SMALL WATER COMPANY TAKEOVER ACT REGULATIONS › Section 7:19-5.6 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any small water
				company not in compliance with appropriate statutory and regulatory standards,
				including but not limited to the New Jersey Safe Drinking Water Regulations,
				N.J.A.C. 7:10-1 through 13, concerning actual or imminent public health
				problems as determined by the Department may be subject to the provisions of
				this subchapter.
(b) Violations by
				a small water company of appropriate statutory and regulatory standards not
				adversely affecting the quality, pressure or volume of water delivered as
				determined by the Department shall not be considered actual or imminent public
				health problems for the purposes of this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 5 - SMALL WATER COMPANY TAKEOVER ACT REGULATIONS › Section 7:19-5.7 - Departmental action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to the
				implementation of procedures under the Act, the Department shall actively
				pursue appropriate and available enforcement options to bring a small water
				company into compliance with the appropriate statutory and regulatory standards
				concerning actual or imminent public health problems including but not limited
				to:
1. Issuance of directive
				letters;
2. Issuance of
				administrative orders;
3. Direct
				negotiation;
4. Appropriate legal
				proceedings; or
5. All other
				enforcement options deemed reasonable and appropriate by the Department
				consistent with its 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 7:19-5.8 - Joint public hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Designated
				hearing officers from the Department and BPU or an Administrative Law Judge
				shall conduct a joint informational public hearing in the proximate area of the
				non-complying small water company, preferably in the evening, concerning the
				non-complying small water company after 30 days notice pursuant to (b)
				below.
(b) Notice of the time,
				place and subject matter of the joint public hearing shall be given at least 30
				days prior to the scheduled hearing date by the Department and BPU as follows:
1. Publication of a display advertisement in
				a newspaper circulating within the proximate area of the small water company
				for a minimum of one day per week for two weeks prior to the scheduled date of
				the joint public hearing;
2.
				Issuance of press releases and utilization of other appropriate methods of
				notice;
3. Written notice by
				certified or registered mail sent to the following parties:
i. The non-complying small water
				company;
ii. The Public
				Advocate;
iii. Capable proximate
				public and private water companies; and
iv. Capable proximate municipal utilities
				authorities established pursuant to
				40:14B-1 et seq., municipalities
				and any other suitable governmental entities wherein the non-complying small
				water company provides water service.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 5 - SMALL WATER COMPANY TAKEOVER ACT REGULATIONS › Section 7:19-5.9 - Contested case

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A contested
				case hearing(s) shall be held before the Commissioner, the BPU Commissioner, or
				an Administrative Law Judge concerning the non-complying small water company to
				determine through a fact-finding adversarial hearing the expenditures that may
				be necessary to make improvements necessary to the non-complying small water
				company to insure compliance with the appropriate statutory and regulatory
				standards concerning actual or potential public health problems. Also to be
				considered at this contested case hearing(s) shall be the issue of acquisition
				costs and the most suitable public or private entity to acquire the
				non-complying small water company.
(b) At the contested case hearing(s)
				opportunity shall be afforded the parties to respond, appear and present
				evidence and argument on all issues involved pursuant to
				52:14B-1 et seq. and
				52:14F-1 et seq., and the "New
				Jersey Uniform Administrative Procedure Rules of Practice", N.J.A.C.
				1:1.
(c) The entire record
				addressed pursuant to this subchapter shall be considered by the Commissioner,
				BPU Commissioner or Administrative Law Judge in deciding the issues set forth
				in (a) above. All portions of this record considered admissible pursuant to the
				"New Jersey Uniform Administrative Procedure Rules of Practice", N.J.A.C. 1:1,
				shall be exhibits in the contested case hearing.
(d) In addition to any notice requirements
				required pursuant to (b) above, notice of time, place and subject matter of the
				contested case hearing shall be given by certified or registered mail to the
				following parties:
1. The non-complying small
				water company;
2. The Public
				Advocate;
3. Capable proximate
				public and private water companies; and
4. Capable proximate municipalities,
				municipal utilities authorities established pursuant to
				40:14B-1 et seq. and any other
				suitable governmental entities wherein the small water company provides water
				service.