N.J. Admin. Code § 7:10-11.5

Current through Register Vol. 56, No. 12, June 17, 2024

Section 7:10-11.5 - Permit requirement; application contents

(a) No person shall construct or modify a public community water system prior to obtaining a permit from the Department pursuant to this subchapter.

1. All applications for a permit to construct or operate a new public community water system shall comply with the requirements regarding technical capacity, and managerial and financial capacity, set forth at 7:10-13.3 and 13.4.

(b) An application for a permit to construct or modify a public community water system shall be submitted in accordance with this section and shall include the information required under (e) through (i) below. The engineer's report prepared pursuant to (d) below shall be signed by a qualified New Jersey licensed professional engineer and the plans shall bear the engineer's seal as required by 45:8-45.

(c) A complete permit application shall include all of the following:

1. A completed Standard Application Form obtained from the Department as provided at (c)1ii below, which shall include the name and address of the applicant, the licensed professional engineer's description of the project with an estimate of the project cost, and signatures of the applicant and the licensed professional engineer. Machine copies are not acceptable.

i. The application form shall be signed by an official (with title) or an authorized agent of the public body, company, or corporation that will own and/or operate the public community water system. If the application is signed by an authorized agent, a certified copy of the authorization shall be attached.

ii. The Standard Application form, administrative and technical checklists, and instructions for completing the Standard Application form can be obtained from the Department in accordance with N.J.A.C. 7:10-2.6(a).

2. A copy of a resolution issued by the municipality or municipal utilities authority which consents to the public community water system providing water service within a specified area or territory of concern (commonly known as the "franchise area") pursuant to 48:2-14;

3. A copy of the application filed with the Board of Public Utilities (BPU) which petitions the BPU for approval of the municipal consent for the franchise area, for approval of the initial rates and tariffs applicable to the public community water system and for approval of the issuance of stock and assumption of debt by the public community water system pursuant to 48:2-1 et seq. and N.J.A.C. 14:1;

4. The plans, specifications, firm capacity and water allocation analysis, and engineer's report described at (d) through (i) below;

5. A copy of a Pinelands Certificate of Filing, Notice of Filing, Certificate of Completeness, Preliminary Zoning Permit, resolution of the Pinelands Commission approving the project or a letter from the Pinelands Commission indicating that the project is exempt from Pinelands Commission review;

6. A map identifying the existing and proposed water system including sources, treatment, distribution and storage facilities, and the water service area. For the purposes of this section, "water service area" means the geographical area within which a water system operates for the provision of water. The mapped water service area shall clearly delineate the boundary of the geographical area currently served by the existing water system, in addition to the area anticipated to be served upon completion of the proposed water system. Mapping shall be in the form of digital Geographic Information Systems (GIS) data, at a scale of 1:12,000. Digital mapping shall conform to the "New Jersey Department of Environmental Protection Mapping the Present to Protect New Jersey's Future: Mapping and Digital Data Standards," in N.J.A.C. 7:1D, Appendix A. Guidance related to the mapping and digital data standards is available at the Department's website at http://www.state.nj.us/dep/gis. The Department will provide its GIS theme coverages, associated metadata and digital data transfer standards, as established at N.J.A.C. 7:1D, Appendix A, at the request of the applicant; and

7. The applicable permit application review fee pursuant to N.J.A.C. 7:10-15.

(d) The engineer's report shall contain the following, as applicable:

1. A description of any existing water system as related to the proposed water system, which shall include all sources, treatment, distribution and storage facilities, including any water main extension or service connection, expected to be in service upon completion of the proposed water system improvement(s);

2. Information on present and anticipated future population served by the public community water system together with present and anticipated water demand. The design period should, in general, be 25 years unless a shorter design period can be justified;

3. Information on the source of water supply, as follows:

i. A listing of the water allocation permit(s) issued under N.J.A.C. 7:19 related to the subject application, including the permit number(s), monthly and annual diversion limits, and all approved bulk purchase agreements, as applicable;

ii. For a surface water source, the safe yield from surface sources as defined at 7:19-6.2; characteristics of the quality of the water in relation to treatability; information from a sanitary survey on the major and minor pollutant sources; and existing or proposed measures to ensure adequate protection of the supply;

iii. For a groundwater source or a groundwater source under the direct influence of a surface water, the dependable yield of subsurface sources or the dependable yield of combined surface/groundwater sources, as applicable, as defined at N.J.A.C. 7:19-6.2; a general description of proposed well construction; data on the geological strata expected to be penetrated and the effect that such strata may have on the quality of the water; available information on the dependable yield and water quality; test well findings (if any); major and minor pollutant sources within a radial distance of 500 feet or the zone of capture of the well, whichever is greater, or, in the case of a creviced or fissured rock formation or unconfined aquifer, within a larger area as determined pursuant to 7:10-11.7; a general description of the construction features proposed to protect the well from major and minor pollutant sources; a copy of the proposed well formation log showing the types and thicknesses of formations penetrated by the well (if this log is not available at the time of application, it must be submitted to the Department when the well has been constructed); and a copy of the well pump test, pursuant to N.J.A.C. 7:10-11.7;

4. A description of pumping equipment, including capacity of pump units and type of drive, general information on the arrangement of facilities, standby power (if provided), control of operation, and alarm systems;

5. A description of proposed treatment processes, including data demonstrating that the processes will produce treated water that meets the requirements of the State primary and secondary drinking water regulations at N.J.A.C. 7:10-5 and 7, and information on the type and application rate of any drinking water additive and the capacity of each feed unit;

6. A description of proposed methods for the treatment and disposal of sludge and filter backwash;

7. A description of sanitary safeguards of the storage, transmission, and distribution system;

8. A conceptual description of the entire water system to be built if the proposed system is to be built in stages;

9. Total estimated cost of construction of the proposed system, and in addition estimated legal and engineering fees, and the estimated cost of all related infrastructures;

10. In the case of modification or an addition to an existing water treatment plant, plans for maintaining existing treatment units in operation during construction or for providing an adequate alternative water supply; and

11. If any existing treatment unit will be shut down during construction, a schedule for delivering water meeting the requirements of the State primary and secondary drinking water regulations at N.J.A.C. 7:10-5 and 7 during the shutdown period.

(e) Except for a non-capacity-related water system modification, a firm capacity and water allocation analysis for the proposed water system shall be submitted on the form available from the Department in accordance with N.J.A.C. 7:10-2.6(a). The firm capacity and water allocation analysis shall demonstrate that either (e)1 and 2 below are both met, or, as an alternative to (e)1 and 2 below, that (e)3 below is met:

1. The proposed water system will have adequate firm capacity to meet peak daily demand, including:

i. Existing peak daily demand, that is, the average daily demand as recorded in the peak month of the prior five years;

ii. Anticipated peak daily demand estimated in accordance with (f) below; and

iii. Anticipated peak daily demand, as of the date of application submission, from:

(1) All previously approved, but not yet completed, water main extensions or connections to the water system authorized pursuant to 7:10-11.10(b); and

(2) Where a permit is not required pursuant to 7:10-11.10(b), all water main extensions or connections to the water system, committed to by the water supplier, which have not yet been completed.

2. The applicant for the proposed water system possesses a valid water allocation permit issued by the Department under N.J.A.C. 7:19, with applicable limits and/or bulk purchase agreements to divert or obtain the amount of water needed to meet the monthly and annual estimated demands for the proposed system in accordance with (g) below.

3. The proposed water system is necessary to alleviate an adverse environmental impact or a threat to public health, safety or welfare, including, for example, where the existing water supply provided by a public noncommunity or nonpublic system does not meet drinking water standards, or an individual domestic well has lost yield and is unable to meet existing demand or is threatened by contamination.

4. For the purpose of the firm capacity and water allocation analysis under this subsection, the construction of a water main extension shall be considered complete when water is being delivered to the realty improvements approved under the permit, provided that the number of any realty improvements to which water is not being delivered is below the threshold for a permit as set forth at 7:10-11.10(b).

(f) Anticipated peak daily water demand shall be estimated as follows:

1. For residential development, determine the average daily water demand in accordance with the Department of Community Affairs' Residential Site Improvement Standards (RSIS) at 5:21-5.2, Table 5.1 "Water Demand/Generation by Type/Size of Housing" ;

2. For non-residential development, determine the average daily water demand in accordance with 7:10-12.6(b)2, Table 1; and

3. Multiply the sum of the average daily water demand determined under (f)1 and 2 above by a peaking factor of three.

(g) For the purposes of demonstrating compliance with the applicable water allocation permit limits and/or bulk purchase agreements under (e)2 above, the applicant shall estimate anticipated water demand as follows:

1. Determine average daily water demand in accordance with (f)1 or 2 above, as applicable;

2. Multiply the average daily water demand determined under (g)1 above by a peaking factor of 1.5 and then by 31 to determine the estimated peak monthly water demand;

3. Multiply the average daily water demand determined under (g)1 above by 365 to determine the estimated annual water demand;

4. To the estimated peak monthly and annual demand calculated in (g)2 and 3 above, add the anticipated peak monthly and annual water demand on the proposed water system, as of the date of application submission, from:

i. All previously approved, but not yet completed, water main extensions or connections to the water system authorized pursuant to 7:10-11.10(b); and

ii. Where a permit is not required pursuant to 7:10-11.10(b), all water main extensions or connections to the water system committed to by the water supplier, which have not yet been completed.

5. The existing peak monthly demand and existing peak annual demand, as recorded in the prior five years, shall be added to the estimated peak monthly and estimated annual demand calculated under (g)4 above and compared to the monthly and annual diversion limits in an applicable water allocation permit along with any bulk purchase agreements to ensure that anticipated demand will not exceed the volume of water authorized to be diverted in a permit issued by the Department pursuant to N.J.A.C. 7:19.

(h) The application shall include specifications that describe the sanitary safeguards of the proposed system, including the method or methods of disinfecting facilities. Specifications regarding the general contract, notice to bidders, and detailed specifications for items such as doors, windows, fittings, fixtures, steel work, concrete and wood are not required to be submitted for purposes of this subchapter.

(i) The engineering design plans shall meet the following requirements:

1. Plans shall include construction drawings in sufficient detail to facilitate examination of and comprehension of the proposed water system. The north point and datum shall be noted on each drawing. Topography shall be shown by elevations, contours or other suitable methods. Where pertinent, roads, streams, municipal boundaries, flood elevations, and other relevant geographical features shall be shown, including locations of watersheds, reservoirs, wells and well fields, water treatment plants, existing water transmission mains and distribution mains, water storage tanks, fire hydrants, and major and minor pollutant sources. In the case of transmission and distribution mains, an index page shall be supplied showing by number the area and districts covered by the various sheets.

2. Plans shall be drawn to standard scale on uniformly sized sheets. Each sheet shall contain necessary titles, scales, dates, water system owner's name and a general description of the water system. Each sheet shall bear the engineer's seal as required by 45:8-45.

3. The preferred drawing size is 24 inches by 36 inches, including suitable margins. Lettering shall be sufficiently large to permit photo-reduction, and all plans shall have graphic scales.

4. Sheets shall be bound together.

5. All topographical symbols and conventions shall be defined. Water transmission and distribution mains to be constructed for the portion of the water system for which the permit to construct is sought, if the proposed system is to be built in stages, and/or in the future shall be shown by suitable conventions. Where applicable, existing sanitary sewers and combined sewers shall be shown by clear designations.

6. Surface elevations shall be drawn for all relevant parts of the proposed water system, with dimensions sufficient to permit verification of the operations of the system. Datum shall be stated.

7. Plans for intake structures, pumping equipment, water treatment plants, and similar structures shall include a general plan showing the various treatment and pumping units and structures of the proposed water system, and, except as provided in (f)ii below, detail plans for all such units and structures.

i. All plans shall show longitudinal and transverse sections sufficient to explain the construction of each treatment unit, including the hydraulic profile through the plant, when applicable.

ii. Pursuant to 7:10-11.4(f), only the detail plans relevant to the examination conducted by the Department must be included. Detail drawings for the guidance of builders or contractors (for example, structural details, reinforcement details, details of heating, ventilation, electrical work, architectural details, and the electrical-mechanical details of pumps, engine and machinery) need not be included.

8. Plans for wells shall include site plans, schematic drawings and detail drawings as follows:

i. Site plans for wells shall show:

(1) The topography and the location of existing and/or planned wells in the well field for the proposed water system. Each well shall be given an identifying number in chronological order of planned construction;

(2) The identification of the ownership of all land within a fifty foot radius of each well and the location of all potential major and minor pollutant sources; and

(3) The elevation of each well head above a common datum plane and the 100 year flood elevation.

ii. Schematic drawings for wells shall include as much detail as practicable, and shall show:

(1) The length, size and location of casings and screens;

(2) The method of sealing off shallow ground water and waters from other aquifers from entering the well, including the sealing of the annular space between the drill hole and the outer casing and the surface strata;

(3) Drawing(s) of the pumping unit(s), including prime and standby power sources;

(4) The plan and section view of the pump house or any similar structure; and

(5) The method of connecting the well or other ground water source with the distribution system of the existing or proposed water system.

iii. Detail drawings for wells shall show:

(1) Details of the well head, including elevations of protective curbing, top of casing, pump house floor and surrounding grade;

(2) The method of sealing the well head against surface water contamination;

(3) The location of well vents and the methods for protecting them against contamination; and

(4) The well head piping details, showing locations of check valve, surge or air relief valve, shutoff valves, sampling taps, water level indicator, flow meter, discharge pressure gauge, and blowoff connection to permit pumping to waste.

9. Plans for water main extensions shall include:

i. Site plans showing the location of the proposed water main, the right-of-way or easement, sanitary and storm sewers and other utilities in the proposed construction area;

ii. Elevations and details sufficient to show clearances and construction methods in the vicinity of sanitary sewers;

iii. The methods of connecting to the existing water supply and maintaining adequate protection of the existing water supply; and

iv. The locations of valves, hydrants, blowoffs and flushing connections.

(j) The Department shall make a determination of administrative completeness for each application as follows:

1. If the application does not contain all documents and information required pursuant to this section, the Department shall within 20 working days after receipt of the application, either 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; and

2. If the application contains all documents and information required pursuant to this section and is determined to be administratively complete, the Department, within 20 working days after receipt of the application, shall so advise the applicant in writing.

(k) The Department shall make a determination of technical completeness for each application within 60 working days after declaring the application administratively complete as follows:

1. If the application does not contain sufficient technical information as required pursuant to this section or if the technical information requires clarification, the Department shall so advise the applicant in writing and establish a date by which additional or clarifying information must be received by the Department. If additional or clarifying information is not received by the specified date, the Department may:

i. Return the application;

ii. Extend the date by which the applicant must provide the additional or clarifying information; or

iii. Deny the application

2. Upon making a determination that an application is technically complete, the Department will perform a detailed analysis and will develop a staff recommendation to issue the permit or deny the application. The staff recommendation shall include any conditions to be attached to the permit if the recommendation is to issue the permit or an explanation of the reasons for denial if the recommendation is to deny the application.

(l) The Department shall issue a permit, with any conditions deemed appropriate by the Department, for the construction of the proposed water system and distribution of potable water from said water system if the application meets all applicable requirements of this chapter. If the Department denies the application, the Department shall provide a written explanation of the reasons for denial.

(m) Each permit for a public community water system issued under this subchapter on or after February 7, 2011 is valid for a term of five years from the date of issuance. If construction of a facility is not completed prior to the permit expiration date, upon request the Department shall extend the permit term by a period of up to two years, provided:

1. The request to extend a permit is submitted to the Department at least 90 days prior to expiration date of the existing permit;

2. The permit holder demonstrates that there has been no significant change in any of the following between the date the existing permit was issued and the date the application for extension is submitted:

i. The project and activities that were approved in the existing permit including projected demand if applicable; and

ii. The available firm capacity and water allocation determined in accordance with 7:10-11.5(e);

3. The Department shall deny a permit extension if the permit holder is in receipt of a Department order regarding a violation of any of the terms of the existing permit;

4. If the requirements of this subsection are not met, the existing permit shall expire and construction activities shall stop until a new permit is obtained; and

5. An expired permit shall not be extended.

(n) Within 120 days after notification from the Department, every application for a permit for a public community water system, as well as the supporting documentation required at (c) through (i) above, shall be submitted electronically in a format and manner compatible with the Department's electronic permit system.

N.J. Admin. Code § 7:10-11.5

Amended by 49 N.J.R. 3505(b), effective 11/6/2017