reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 11 - GENERAL POWERS OF THE DEPARTMENT › Section 7:19-11.2 - Water purveyor emergency response plans and teams

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Water purveyors
				serving more than 3,000 residents, and other purveyors when requested by the
				Department shall develop and submit to the Department:
1. Emergency response plans by February 16,
				1986, for water purveyors serving more than 50,000 residents or by March 19,
				1991 for water purveyors serving more than 3,000 residents but not more than
				50,000 residents.
i. The plans shall include,
				but not be limited to:
(1) Organization
				structure including names of emergency response team members and telephone
				numbers;
(2) Emergency notification
				and communication procedures;
(3)
				Interconnections and backup supplies to be utilized;
(4) Interim water restrictions, conservation
				measures and alternate sources of water;
(5) Coordination procedures for emergency
				response with other agencies;
(6)
				Resources inventory;
(7)
				Vulnerability assessment; and
(8)
				Any other information the Department deems necessary to respond to unforeseen
				water emergencies and long-term relatively predictable water
				emergencies.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 11 - GENERAL POWERS OF THE DEPARTMENT › Section 7:19-11.3 - Interconnection tests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Complete
				interconnection flow tests shall be taken by the water purveyor when
				specifically ordered by the Department during an emergency.
(b) Any purveyor wishing to be exempt from
				the requirements of this section on the basis of hardship, should petition the
				Department and demonstrate that same would result in extraordinary hardship to
				the water purveyor.
(c) Such tests
				shall be attended by representatives of both systems.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 11 - GENERAL POWERS OF THE DEPARTMENT › Section 7:19-11.4 - Large user contingency plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Water purveyors
				shall request that all water users with a rate of use of 250,000 gallons per
				day or more to submit contingency plans to their respective purveyors. Such
				users shall submit contingency plans to their respective purveyors within a
				time frame established by the Department. Self-supplied users with a rate of
				use of 250,000 gallons per day or more shall submit contingency plans to the
				Department. Such large user contingency plans shall include but shall not be
				limited to the following:
1. A description of
				where water conservation can be achieved in their system and what alternative
				supplies are available to replace existing ones.
2. A description of the measures which such
				user would take in the event such user was required to cease operations on a
				partial or total basis, outlining the expected consequences to the public which
				might result from such a closure and the possible alternative sources of supply
				of any products produced by the user or services provided by the
				user.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 11 - GENERAL POWERS OF THE DEPARTMENT › Section 7:19-11.5 - Other water use information

Current through Register Vol. 56, No. 14, July 15, 2024
Water purveyors and water users shall provide any additional
				  information necessary to properly manage a water emergency as required by the
				  Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 11 - GENERAL POWERS OF THE DEPARTMENT › Section 7:19-11.6 - Drought warning requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) During a
				drought warning condition identified in accordance with
				7:19-13.1(d), the
				Department may order water purveyors to comply with any or all of the following
				requirements:
1. Development of an alternative
				water supply where possible;
2. The
				rehabilitation and activation of interconnections between water supply
				systems;
3. Complete
				interconnection flow tests;
4. The
				transfer of water from any public or private system; and
5. Other modifications or measures to insure
				an adequate water supply.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 12 - WATER EMERGENCY TASK FORCE › Section 7:19-12.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				establishes the purpose of the Water Emergency Task Force which is created to:
1. Review and make recommendations to the
				Commissioner regarding applications for hardship exemptions from the ban on
				adjustable water uses;
2. Hear
				appeals of water purveyors' decisions regarding applications for hardship
				exemptions from the requirements of the water rationing plans and make
				recommendations to the Commissioner; and
3. Assist the Commissioner in the formulation
				of policy during a water emergency.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 12 - WATER EMERGENCY TASK FORCE › Section 7:19-12.2 - Membership; meetings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Water
				Emergency Task Force shall consist of State agency representatives appointed
				thereto by their particular agency heads. This Task Force shall be assisted by
				consultants, water purveyors and other advisors, as necessary.
(b) Meetings of the Task Force shall be
				convened at the discretion of the Chairman who shall direct its activities.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 13 - THE PRIORITY-BASED PHASE SYSTEM OF WATER RESTRICTIONS › Section 7:19-13.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				establishes the prioritized allocation of water supplies which will be
				implemented by the Department with the assistance of other State and local
				agencies once a water emergency is declared.
(b) This subchapter also defines the "phases"
				which denote the severity of the water emergency and upon which the prioritized
				allocation of water supplies and restrictions are based. Once a water emergency
				is declared by the Governor, the Commissioner shall immediately determine the
				severity of the water emergency and order the implementation of the activities
				specified in the appropriate phase or phases outlined below.
(c) Reservoir levels, stream flow, water
				quality conditions, ground water levels, time of year and other relevant
				criteria will be considered in determining the phase and the proper point of
				transition from one phase to another, during an emergency.
(d) Prior to actual declaration of a water
				supply emergency by the Governor, the Department may call for action to be
				taken under its non-emergency powers in order to reduce the likelihood or
				impact of any impending emergency. Where such situations involve a relative
				lack of precipitation or a lower than normal storage of water supplies, the
				Department may identify the affected area or the State as a whole as being in a
				"Drought Warning" condition. The Department shall give notice of and hold a
				public hearing prior to implementing any of the drought warning requirements in
				7:19-11.6.
(e) Where the Delaware River Basin
				Commission, in accordance with its rules and procedures, declares a drought
				emergency based upon the storage in New York City's Delaware Basin reservoirs,
				thereby impacting the New Jersey portion of the Delaware Basin, the Governor
				may also declare a water emergency in the New Jersey portion of the Basin. The
				Department shall coordinate with the DRBC concerning the implementation of this
				subchapter and the Water Emergency Surcharge Schedule, N.J.A.C.
				7:19-9.
(f) In the discretion of
				the Department, the restrictions in this Subchapter will not apply to use or
				diversion of salt water, except in situations where use or diversion of such
				water effects utilization of fresh water.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 13 - THE PRIORITY-BASED PHASE SYSTEM OF WATER RESTRICTIONS › Section 7:19-13.2 - Agricultural activities

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to the "Agriculture Retention and Development Act",
				  P.L. 1983, c.32 agricultural activities on land in a municipally-approved
				  program shall be exempt from this subchapter unless the Governor declares that
				  the public safety and welfare require otherwise.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 13 - THE PRIORITY-BASED PHASE SYSTEM OF WATER RESTRICTIONS › Section 7:19-13.3 - Phase I: Available water supply levels determined to be below normal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Voluntary water
				conservation may be encouraged at this phase.
(b) A ban on adjustable water uses may be
				instituted at this phase. Such adjustable uses include:
1. The watering of all plant growth, except
				commercially grown food crops, sod at commercial sod farms and nursery stock at
				nurseries or retail outlets;
2. The
				washing of vehicles, except by businesses engaged exclusively in car washing on
				site, including self-service car washes equipped with total recycle of both
				wash and rinse water, or in those instances where a threat to public health may
				exist;
3. The washing of streets,
				driveways, sidewalks or paved areas;
4. The serving of water in restaurants,
				clubs, or eating places unless specifically requested by patrons;
5. The use of water for flushing sewers by
				municipalities or any public or private entity except as municipal health
				officials deem necessary in the interest of public health or safety;
6. The use of fire hydrants by fire companies
				for testing fire apparatus and for fire department drills except as the
				municipal governing body and the purveyor deem necessary in the interest of
				public safety;
7. The use of fire
				hydrants by municipal road departments, contractors, and all others, except as
				necessary for fire fighting or protection purposes;
8. The use of water for all outdoor
				recreational purposes;
9. The
				washing of buildings or other structures, except for windows; and
10. Any other uses of water as the
				Commissioner may designate. The Commissioner shall effect such designations by
				administrative order and such designations shall be effective immediately upon
				adoption by the Commissioner and shall be published in the New Jersey Register
				as soon thereafter as possible.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 13 - THE PRIORITY-BASED PHASE SYSTEM OF WATER RESTRICTIONS › Section 7:19-13.4 - Phase II: Severity; substantial threat to the public health and welfare

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Non-residential
				users shall be subject to the water emergency rate schedule as provided by
				rule. (See N.J.A.C. 7:19-9 ).
(b)
				Water rationing shall be instituted at a maximum daily rate of 50 gallons of
				water per person for residential users.
(c) Based on the limitations on water use
				imposed during Phase II or a subsequent phase of an emergency and the number of
				customers served by an affected water purveyor, each such purveyor shall be
				assigned a water use allocation target. The affected purveyors shall be
				required to make good faith efforts to remain within these targets. Such
				targets may be modified in subsequent phases of the emergency.
(d) Any person wishing to be exempt from the
				requirements of this section shall file an application for a hardship exemption
				in accordance with
				7:19-16.2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 13 - THE PRIORITY-BASED PHASE SYSTEM OF WATER RESTRICTIONS › Section 7:19-13.5 - Phase III: Further rationing required

Current through Register Vol. 56, No. 14, July 15, 2024
This stage requires further rationing of water supplies to
				  all sectors or the selective curtailment of industrial water users in
				  accordance with N.J.A.C. 7:19-14.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 13 - THE PRIORITY-BASED PHASE SYSTEM OF WATER RESTRICTIONS › Section 7:19-13.6 - Phase IV: Disaster stage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the disaster
				stage, public health and safety cannot be guaranteed. Water quality is of major
				concern.
(b) Maintenance of health
				facilities shall be at emergency levels.
(c) Industrial use shall be further curtailed
				and selective closings shall occur. Interruptions in water service may be
				necessary.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 14 - INDUSTRIAL CURTAILMENT STRATEGY › Section 7:19-14.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter establishes the components of the industrial
				  curtailment strategy and the procedural steps to effectuate this strategy in
				  Phases III and IV.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 14 - INDUSTRIAL CURTAILMENT STRATEGY › Section 7:19-14.2 - Procedure for the selective curtailment during a water emergency situation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall require the purveyors and water users to submit appropriate information
				upon request in order to prepare for possible water curtailment.
(b) The Commissioner shall determine that
				supplies are at a level which justify initiating Phase III actions, including
				partial industrial curtailments.
(c) Industry wholly dependent upon public
				water supply, shall be closed (Phase IV) unless exempted by the
				Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 14 - INDUSTRIAL CURTAILMENT STRATEGY › Section 7:19-14.3 - Basis of selective curtailment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Selective
				curtailment of large industrial users, as referred to in Phase III, shall be
				based upon:
1. Water consumption per work
				site;
2. Number of employees per
				work site;
3. Essential nature of
				the industry; and
4. Other
				pertinent data.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 14 - INDUSTRIAL CURTAILMENT STRATEGY › Section 7:19-14.4 - Submission of water supply information

Current through Register Vol. 56, No. 14, July 15, 2024
Industrial users, water purveyors and other water users,
				  shall submit to the Department, upon its request, all information relating to
				  water consumption and employment required by
				  7:19-11.4, 11.5, 14.2 and
				  14.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 15 - EMERGENCY WATER TRANSFER PRICING › Section 7:19-15.1 - General pricing procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 90 days
				after the effective date of this chapter, all water purveyors having physical
				interconnections with other water purveyors shall initiate negotiations with
				the interconnected purveyors regarding the prices to be charged for supplying
				of water through such interconnections ordered by the Commissioner during a
				water supply emergency.
1. Prices may be
				expressed either in terms of specific prices or of a formula.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 15 - EMERGENCY WATER TRANSFER PRICING › Section 7:19-15.2 - Criteria for pricing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event an
				emergency transfer of water is ordered by the Commissioner, the price charged
				to the receiving system should be based upon fair compensation, reasonable rate
				relief and just and equitable terms as to not create a situation wherein the
				customers or owners of the supplying systems are subsidizing the
				transfer.
(b) Where an emergency
				transfer is ordered by the Commissioner which requires a reduction in the
				amount of water used by existing customers of the supplying system in order to
				effectuate the transfer, the price charged to the receiving system should be
				set at a level which will insure the fair recovery of all costs incurred by the
				supplying system as a result of the reduction.
(c) Where an emergency transfer requiring no
				such reduction is mandated, the normal bulk water rates for existing regular
				customers of the supplier should receive serious considerations in determining
				the price of transferred water, except that this should not apply, for example,
				where such bulk rates are for off-peak water.
(d) Where such rates have not been
				established, rates may, in appropriate cases, be set so as to achieve revenue
				levels to cover the following requirements related to the facilities utilized
				to produce and transport water to the emergency purchaser:
1. Operation and maintenance;
2. Depreciation;
3. Taxes or payment in lieu thereof;
				and
4. Return (original plant
				investment minus depreciation times the rate of return) or debt
				service.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 15 - EMERGENCY WATER TRANSFER PRICING › Section 7:19-15.3 - Price resolution process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever during
				a water supply emergency a transfer of water has been made between one purveyor
				and one or more other purveyors, and the supplying water purveyor determines
				that additional cost recovery is required the following procedure shall be
				followed:
1. The supplying water purveyor,
				the receiving water purveyor and any other water purveyor whose facility was
				used to effectuate the transfer shall have 30 days from the date the supplying
				water purveyor gives notice that additional cost recovery is required to reach
				agreement as to the amount of additional charge.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 16 - HARDSHIP EXEMPTION PROCEDURES › Section 7:19-16.1 - Application procedures for hardship exemption from the ban on adjustable water uses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person
				wishing to be exempt wholly or partially from the ban on adjustable water uses
				may apply for a hardship exemption according to the following procedures:
1. The applicant shall submit his or her
				request along with full documentation supporting the request to the attention
				of the Water Emergency Task Force at the following address:
Water Emergency Task Force
c/o Water Supply Element
CN 426
Trenton, New Jersey 08625
2. The applicant's submittal shall include a
				demonstration that extraordinary hardship and no reasonable alternative exists
				if the exemption is not granted.
3.
				After the Task Force's review of the application and the Task Force's
				recommendation to the Commissioner, the Commissioner shall notify the applicant
				in writing of his or her decision and the reasons for the decision. Before
				making a recommendation, the Task Force may request the applicant to supply
				additional documentation. An exemption approved by the Commissioner may be
				rescinded should public health, safety and the welfare require further
				reduction in water use.
4. An
				exemption granted to an applicant for a specific property, purpose or person is
				not transferable to any other property, purpose or person without prior
				approval from the Task Force which may be obtained by submitting a request to
				the Task Force including full documentation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 16 - HARDSHIP EXEMPTION PROCEDURES › Section 7:19-16.2 - Application procedures for hardship exemption from the requirements of water rationing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person
				wishing to be exempt from the requirements of water rationing may, within 30
				days following receipt of the surcharge bill issued pursuant to N.J.A.C.
				7:19-9, file an application for a hardship exemption with the appropriate water
				purveyor according to the following procedures:
1. The applicant shall submit the request for
				exemption along with whatever documentation which would aid the water purveyor
				in making its decision.
2. The
				applicant's submittal shall include a demonstration that extraordinary hardship
				and no reasonable alternative exists if the exemption is not granted.
3. After review of the application, the water
				purveyor shall notify the applicant of the results of its review. Before making
				a decision, the water purveyor may request the applicant to supply additional
				documentation.
4. An exemption
				granted to an applicant for a specific property, purpose or person is not
				transferable to any other property, purpose or person without prior approval
				from the water purveyor.
5. The
				denial by the water purveyor of an application for exemption entitles the
				applicant to appeal to the Water Emergency Task Force.
6. The water purveyor is required to notify
				the Task Force within seven days of all of its approvals. The Task Force may,
				at its discretion, review any approval granted and recommend to the
				Commissioner whether to uphold or deny said approval.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 17 - DEPARTMENT ORDERS › Section 7:19-17.1 - Requirements for Departmental orders issued during a water emergency

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				Departmental orders issued pursuant to N.J.A.C. 7:19-9 through 17 will be based
				upon fair compensation, reasonable rate relief, and just and equitable
				terms.
(b) Subsequent to the
				issuance of an order and compliance therewith, the basis upon which the order
				was issued will be determined after notice and hearing.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 17 - DEPARTMENT ORDERS › Section 7:19-17.2 - Appeal procedure

Current through Register Vol. 56, No. 14, July 15, 2024
The party to whom an order has been issued by the
				  Department, shall have a right to request a hearing thereon, by submitting a
				  letter requesting an adjudicatory hearing, pursuant to
				  7:19-2.13, to the Department within
				  20 days of receipt of the order.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 18 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:19-18.1 - Authority and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter governs the Department's assessment of civil
				  administrative penalties for the violation of any provision of the Water Supply
				  Management Act,
				  58:1A-1 et seq., or any
				  regulation, rule, permit or order adopted or issued by the Department pursuant
				  thereto. This subchapter also governs the procedure for assessment, settlement
				  and payment of civil administrative penalties and for requesting an
				  adjudicatory hearing on a notice of civil administrative penalty assessment or
				  an administrative order.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 18 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:19-18.2 - Procedures for assessment, settlement and payment of civil administrative penalties for violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To assess a
				civil administrative penalty under the Water Supply Management Act,
				58:1A-1 et seq., the Department
				shall notify the violator by certified mail (return receipt requested) or by
				personal service. This notice of civil administrative penalty assessment
				(NOCAPA) shall:
1. Identify the section of
				the statute, rule, administrative order or permit violated;
2. Concisely state the alleged facts which
				constitute the violation;
3.
				Specify the amount of the civil administrative penalty to be imposed;
				and
4. Advise the violator of the
				right to request an adjudicatory hearing pursuant to the procedures in
				7:19-18.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 18 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:19-18.3 - Procedures to request an adjudicatory hearing to contest an administrative order and/or notice of civil administrative penalty assessment; procedures for conducting adjudicatory hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To request an
				adjudicatory hearing to contest an administrative order and/or notice of civil
				administrative penalty assessment issued pursuant to the Water Supply
				Management Act, N.J.S.A. 58:1A-1 et seq., the violator shall submit the
				following information, in writing, to the Department at New Jersey Department
				of Environmental Protection, Office of Administrative Hearings and Dispute
				Resolution, ATTENTION: Adjudicatory Hearing Requests, 401 E. State Street, Mail
				Code 401-07A, PO Box 420, Trenton, New Jersey 08625-0420:
1. The name, address, and telephone number of
				the violator and its authorized representative;
2. The violator's defenses to each of the
				findings of fact stated in short and plain terms;
3. An admission or denial of each of the
				findings of fact. If the violator is without knowledge or information
				sufficient to form a belief as to the truth of a finding, the violator shall so
				state and this shall have the effect of a denial. A denial shall fairly meet
				the substance of the findings denied. When the violator intends in good faith
				to deny only a part or a qualification of a finding, the violator shall specify
				so much of it as is true and material and deny only the remainder. The violator
				may not generally deny all of the findings but shall make all denials as
				specific denials of designated findings. For each finding the violator denies,
				the violator shall allege the fact or facts as the violator believes it or them
				to be;
4. Information supporting
				the request and specific reference to or copies of other written documents
				relied upon to support the request;
5. An estimate of the time required for the
				hearing (in days and/or hours); and
6. A request, if necessary, for a
				barrier-free hearing location for physically disabled persons.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 18 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:19-18.4 - Civil administrative penalty determination; general

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may, in its discretion, assess a civil administrative penalty pursuant to this
				section of not more than $ 5,000 per day for each violation of each provision
				of the Water Supply Management Act, N.J.S.A. 58A-1 et seq., or of any
				regulation, rule, permit or order adopted or issued by the Department pursuant
				thereto. The Department shall assess penalties under this section in lieu of
				7:19-18.5 or 18.6 when
				7:19-18.5 or 18.6 is not applicable
				to the violation.
(b) The
				Department shall consider each violation of each provision of the Water Supply
				Management Act,
				58:1A-1 et seq., or of any
				regulation, rule, permit or order adopted or issued by the Department pursuant
				thereto, as a separate and distinct violation. If the violation is of a
				continuing nature, each day during which a violation continues shall constitute
				an additional, separate and distinct violation subjecting the violator to the
				penalty schedule set forth in (c) below.
(c) The Department may assess a civil
				administrative penalty for each violation of each provision of the Water Supply
				Management Act,
				58:1A-1 et seq., or any
				regulation, rule, permit or order adopted or issued by the Department pursuant
				thereto at the midpoint of the following ranges except as adjusted pursuant to
				(d) below:
1. For the first violation of a
				provision, $ 0 to not more than $ 1,000;
2. For the second violation of the same
				provision, $ 0 to not more than $ 2,500; and
3. For the third and subsequent violations of
				the same provision, $ 0 to not more than $ 5,000.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 18 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:19-18.5 - Civil administrative penalties for failure to allow lawful entry and inspection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may, in its discretion, assess a civil administrative penalty of $ 5,000
				against each violator who refuses, inhibits or prohibits immediate lawful entry
				and inspection of any premises, building or place by any authorized Department
				representative.
(b) Each day, from
				the initial day on which the violator refuses, inhibits or prohibits immediate
				lawful entry and inspection by any authorized Department representative up to
				and including the day on which the Department receives written notification
				from the violator that the violator will not refuse, inhibit or prohibit
				immediate lawful entry and inspection, shall constitute an additional, separate
				and distinct violation.
(c) The
				Department may, in its discretion, reduce a civil administrative penalty
				determined pursuant to (a) on the basis of any or a combination of the factors
				listed in (c)1 through 6 below. No such factor constitutes a defense to any
				violation:
1. The compliance history of the
				violator;
2. The number, frequency
				and severity of the violations;
3.
				The measures taken by the violator to prevent future violations;
4. The deterrent effect of the
				penalty;
5. The cooperation of the
				violator in correcting the violation and ensuring that the violation does not
				recur; and/or
6. Any other
				extenuating, mitigating or aggravating circumstances.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 18 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:19-18.6 - Civil administrative penalties for submitting inaccurate or false information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may, in its discretion, assess a civil administrative penalty against each
				violator who submits inaccurate information or who makes a false statement,
				representation or certification in any application, record or other document
				required to be submitted or maintained under the Water Supply Management Act,
				58:1A-1 et seq., or any
				regulation, rule, permit or order adopted or issued by the Department pursuant
				thereto, or who fails to submit or maintain any application, record, or other
				document required to be submitted or maintained under the Water Supply
				Management Act,
				58:1A-1 et seq., or any
				regulation, rule, permit or order adopted or issued by the Department pursuant
				thereto, or who falsifies, tampers with or renders inaccurate any monitoring
				device or method required to be maintained by the Water Supply Management Act,
				58:1A-1 et seq., or any
				regulation, rule, permit or order adopted or issued by the Department pursuant
				thereto at the midpoint of the ranges in (c) below except as adjusted pursuant
				to (d) below:
(b) Each day, from
				the day on which the violator submits the inaccurate information or false
				statement, representation or certification to the Department up to and
				including the day on which the Department receives a written correction of the
				inaccurate information or false statement, representation or certification,
				shall constitute an additional, separate and distinct violation.
(c) The Department shall determine the amount
				of the civil administrative penalty based on the conduct of the violator as
				follows:
1. For any intentional, deliberate,
				purposeful, knowing or willful act or omission by the violator, the civil
				administrative penalty shall be in an amount of not more than $ 3,000 nor less
				than $ 1,000;
2. For any
				unintentional but foreseeable act or omission the civil administrative penalty
				shall be in amount not more than $ 1,500 nor less than $ 500.00; or
3. For any other violation the civil
				administrative penalty shall be in an amount not more than $ 1,000.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20 - DAM SAFETY STANDARDS › Subchapter 1 - APPLICATION PROCEDURE; DESIGN CRITERIA FOR DAM CONSTRUCTION; DAM INSPECTION PROCEDURE › Section 7:20-1.1 - Scope and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in
				this subchapter were adopted pursuant to the authority of
				58:4-1 et seq., as amended by the
				Safe Dam Act of 1981, and
				13:1D-1 et seq.
1. These rules set forth procedures for
				application to construct, repair or modify a dam, as defined in
				7:20-1.2, and set standards for
				design and maintenance of dams. These rules also establish a dam inspection
				procedure.
2. Any dam which raises
				the waters of a stream five feet or less above its usual, mean, low water
				height falls under the jurisdiction of the Flood Hazard Area Control Act,
				58:16A-50 et seq.
3. The requirements in this subchapter shall
				not affect or relate to a dam or reservoir in the pinelands area, as designated
				by subsection a. of section 10 of P.L. 1979, c.111 (C. 13:18A-11), which will
				raise the waters of any river or stream less than eight feet above the surface
				of the ground where the drainage area above the same is less than one square
				mile in extent and where the water surface created by the dam or reservoir is
				less than 100 acres in extent except that the commissioner may investigate and
				take appropriate action regarding any dam or reservoir about which he has a
				security or safety concern. With respect to dams and reservoirs located on
				lands utilized for agricultural or horticultural purposes within the pinelands
				area, the commissioner's actions shall be undertaken after consultation with
				the Secretary of Agriculture. See
				58:4-1, P.L. 1985, c. 33, § 1
				and 2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20 - DAM SAFETY STANDARDS › Subchapter 1 - APPLICATION PROCEDURE; DESIGN CRITERIA FOR DAM CONSTRUCTION; DAM INSPECTION PROCEDURE › Section 7:20-1.3 - Permit-by-rule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All dams must
				be designed, constructed, operated, maintained, or removed in compliance with
				the rules in this subchapter except as set forth below:
1. Owners and operators of Class IV dams (see
				7:20-1.8, Dam classification) are
				not required to file documents with nor obtain a permit from the Department,
				but must meet the following requirements, in addition to those set forth
				elsewhere in this subchapter:
i. Design must
				be based upon a spillway design storm that results in rainfall of 50 percent
				greater than a 24-hour, 100-year, Type III storm (Later technology adopted by
				the United States Department of Agriculture, Natural Resources Conservation
				Service may be substituted for the use of the Type III storm.); and
ii. All necessary local approvals must be
				obtained;
iii. A New Jersey
				licensed professional engineer must design the Class IV Dam to meet all
				technical requirements of this subchapter; and
iv. If the Class IV dam is designed or
				constructed for stormwater management purposes, the dam shall comply with the
				Stormwater Management Rules at N.J.A.C. 7:8.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20 - DAM SAFETY STANDARDS › Subchapter 1 - APPLICATION PROCEDURE; DESIGN CRITERIA FOR DAM CONSTRUCTION; DAM INSPECTION PROCEDURE › Section 7:20-1.4 - General requirements and prohibitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person may
				construct or operate a new dam or modify or repair an existing dam without
				first having obtained a permit from the Department, unless subject to the
				permit-by-rule provision in
				7:20-1.3. Where emergency
				circumstances justify, repairs of a dam may be undertaken prior to obtaining a
				permit, in accordance with (i) below.
(b) No dam may be approved by the Department
				where, in the opinion of the Department, there is an unacceptable potential for
				harm to human health or to human safety.
(c) Backwater created by a dam during a
				100-year storm shall be the minimum which is contained within the applicant's
				property unless written consent is obtained from all potentially affected
				property owners. Effects on both surface and ground water shall be considered,
				during normal pool conditions.
(d)
				No person may construct a dam in any waterway of this State which is a runway
				for migratory fish, without installing a fish ladder or other approved
				structure to permit the fish to pass the dam in either direction (see
				23:5-29.1 ).
1. This provision is applicable to dams of
				any size.
2. The Department will
				determine whether a stream is currently a runway for migratory fish, during the
				review of the dam permit application. Applicants should consult the Division of
				Fish and Wildlife in this matter prior to finalizing the application.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20 - DAM SAFETY STANDARDS › Subchapter 1 - APPLICATION PROCEDURE; DESIGN CRITERIA FOR DAM CONSTRUCTION; DAM INSPECTION PROCEDURE › Section 7:20-1.5 - General application procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The procedures
				for applying for a dam construction, modification or repair permit and for
				submitting the supporting engineering documents, include the preapplication
				stage and the application stage, as described below. For Class III dams (see
				7:20-1.8) all required information
				may be submitted at one time, with such detail as is appropriate to the safe
				design of the type of structure proposed.
(b) The applicant for a dam permit must use a
				New Jersey licensed professional engineer to prepare the plans and
				specifications and to supervise inspection of the construction.
(c) The Department may require any owner or
				operator of an existing dam to obtain a permit for repair or modification of
				the dam and appurtenances where:
1. Repair or
				modification is necessary to insure protection of human health or safety;
				or
2. Modification is required to
				comply with the provisions of this chapter, unless the following circumstances
				exist:
i. Compliance is impracticable;
				and
ii. Noncompliance poses no
				unacceptable threat to human health or safety.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20 - DAM SAFETY STANDARDS › Subchapter 1 - APPLICATION PROCEDURE; DESIGN CRITERIA FOR DAM CONSTRUCTION; DAM INSPECTION PROCEDURE › Section 7:20-1.6 - Preapplication stage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The applicant
				must submit a written Preliminary Report which must include the following:
1. A general description of the dam and all
				appurtenances thereto, and the proposed dam classification, pursuant to
				7:20-1.8. The description shall
				include the following:
i. A statement of the
				purpose for which the dam and appurtenances are to be used; and
ii. A description of the potential effects of
				project construction and operation upon the environment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20 - DAM SAFETY STANDARDS › Subchapter 1 - APPLICATION PROCEDURE; DESIGN CRITERIA FOR DAM CONSTRUCTION; DAM INSPECTION PROCEDURE › Section 7:20-1.7 - Application stage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The application
				shall be on forms specified and supplied by the Department and must be
				accompanied by two copies of the final design report, construction
				specifications and all plans, drawings, and designs. Upon the written request
				of the applicant, the Department may waive certain requirements for
				documentation in the application stage set forth at (b) to (h) below for a
				permit to modify, repair or remove an existing dam.
(b) The application shall include a Final
				Design Report, which must contain the following:
1. A report of the field and laboratory
				investigation(s) of the foundation soils and/or bedrock, a location map to
				identify borings and the materials that will comprise the dam and any dikes or
				levees. Stability and settlement analyses and seepage and underseepage studies
				are required, unless the applicant can demonstrate to the satisfaction of the
				Department that these analyses are not necessary.
2. The bases, references, calculations and
				conclusions relative to hydrologic studies and design of spillway.
3. Structural and hydraulic design studies
				and calculations. Structural, hydraulic and hydrologic design procedures should
				be used, as established by one of the following: the U.S. Army Corps of
				Engineers, the U.S. Bureau of Reclamation, the U.S. Natural Resources
				Conservation Service and other procedures universally accepted as sound
				engineering practice.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20 - DAM SAFETY STANDARDS › Subchapter 1 - APPLICATION PROCEDURE; DESIGN CRITERIA FOR DAM CONSTRUCTION; DAM INSPECTION PROCEDURE › Section 7:20-1.8 - Dam classification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				will use the following guidelines to classify dams according to hazard.
				Probable future development of the area downstream from the dam which might be
				affected by its failure will be considered in determining the hazard
				classification. The Department may, in its discretion, change the hazard class
				of any proposed or existing dam.
1. Class
				I--High Hazard Potential: This classification includes those dams, the failure
				of which may cause the probable loss of life or extensive property damage.
i. The existence of normally occupied homes
				in the area that are susceptible to significant damage in the event of a dam
				failure will be assumed to mean "probable loss of life".
ii. Extensive property damage means the
				destructive loss of industrial or commercial facilities, essential public
				utilities, main highways, railroads or bridges. A dam may be classified as
				having a high hazard potential based solely on high projected economic
				loss.
iii. Recreational facilities
				below a dam, such as a campground or recreation area, may be sufficient reason
				to classify a dam as having a high hazard potential.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20 - DAM SAFETY STANDARDS › Subchapter 1 - APPLICATION PROCEDURE; DESIGN CRITERIA FOR DAM CONSTRUCTION; DAM INSPECTION PROCEDURE › Section 7:20-1.10 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Requirements
				relating to supervision of dam construction are as follows:
1. All applicants shall submit a written
				description and schedule of the proposed construction, including:
i. The estimated time to complete the
				construction activities, see
				7:20-1.4(e);
ii. Where applicable, a description of the
				means by which stream flow will be diverted around or through the dam site, or
				otherwise kept from interfering with the work;
iii. The number of inspectors designated for
				inspection for construction quality control; and
iv. Steps to be taken to minimize erosion and
				sediment production during construction.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20 - DAM SAFETY STANDARDS › Subchapter 1 - APPLICATION PROCEDURE; DESIGN CRITERIA FOR DAM CONSTRUCTION; DAM INSPECTION PROCEDURE › Section 7:20-1.11 - Dam operating requirements and inspections: new and existing dams

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owners and
				operators of all dams shall develop and use an Operation and Maintenance Manual
				which provides guidance and instruction to project personnel for the proper
				operation and maintenance of the reservoir and dam, and meets the following
				requirements:
1. The manual shall be composed
				of two parts.
i. Part one shall include an
				introduction, project description, project authorizations, project history and
				list of project contracts.
ii. Part
				two shall contain the operation and maintenance instructions for major project
				facilities and equipment and a schedule for maintenance.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20 - DAM SAFETY STANDARDS › Subchapter 1 - APPLICATION PROCEDURE; DESIGN CRITERIA FOR DAM CONSTRUCTION; DAM INSPECTION PROCEDURE › Section 7:20-1.12 - Duty to provide information

Current through Register Vol. 56, No. 14, July 15, 2024
The Department may require an owner or person having control
				  of a reservoir or dam to provide any information the Department requires to
				  determine compliance with any provision of the Safe Dam Act, or any rule,
				  regulation or order issued pursuant to the Safe Dam Act.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20 - DAM SAFETY STANDARDS › Subchapter 1 - APPLICATION PROCEDURE; DESIGN CRITERIA FOR DAM CONSTRUCTION; DAM INSPECTION PROCEDURE › Section 7:20-1.13 - Inspection authority

Current through Register Vol. 56, No. 14, July 15, 2024
The Department shall have the authority to enter any
				  property, facility, premises, or site for the purpose of conducting inspections
				  to determine the condition of any dam, or to conduct inspections of ordered
				  repairs or to otherwise determine compliance with the provisions of the Safe
				  Dam Act.