N.J. Admin. Code § 7:10-12.5

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:10-12.5 - Deviations from construction standards

(a) The administrative authority shall issue an approval to construct a public noncommunity water system or nonpublic water system that deviates from the standards and requirements of this subchapter, except as provided in (c) below, if the applicant for such approval can establish that the proposed public noncommunity water system or nonpublic water system provides adequate protection of the water system's water supply, as defined at 7:10-12.3. The administrative authority shall review such an application for approval using a conservative evaluation of data submitted by the applicant pursuant to (b) below.

(b) An applicant for an approval to construct a public noncommunity water system or nonpublic water system that deviates from the standards and requirements of this subchapter shall submit analytical and survey determinations which demonstrate either of the following:

1. That the source of water supply is adequately protected by natural means; or

2. That a comparable water system or pilot plant has operated for a period sufficient to demonstrate adequate protection of the water supply.

(c) Deviations from the well construction standards at N.J.A.C. 7:9D-2 shall be approved by the Department in accordance with 7:9D-2.8.

N.J. Admin. Code § 7:10-12.5

Amended by R.2001 d.313, effective 9/4/2001 (operative October 4, 2001).
See: 32 New Jersey Register 2832(a), 33 New Jersey Register 3194(a).
In (c), substituted "7:9D-2" for "7:10-12.4 through 21" and inserted "in accordance with N.J.A.C. 7:9D-2.8"; deleted (d) and (e).