N.J. Admin. Code § 7:11-2.2

Current through Register Vol. 56, No. 12, June 17, 2024
Section 7:11-2.2 - Definitions

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise:

"Annual overdraft rate" means the rate for a System water user's average daily diversion for any calendar year in excess of the System water user's daily uninterruptible service.

"Authority" means the New Jersey Water Supply Authority established pursuant to 58:1B-1 et seq.

"Daily allotment charge" means a daily allocation charge equal to 100 percent of the value of the quantity of water specified in the water use agreement which the System water user is authorized to continuously withdraw without interruption each 24-hour period (see 7:11-2.7 ).

"Overdraft service" means the average daily supply of water from the Raritan Basin System during any calendar month, to the extent and from time to time available, in excess of aggregate uninterruptible service, for certain, seasonal, non-emergent, interim, interruptible, non-guaranteed users.

"Overdraft service rate" means the rate for overdraft service.

"Peaking factor" means the percentage equivalent of that volume of overdraft service available from the Raritan Basin System during any calendar month in excess of uninterruptible service, which a System water user may divert without charge.

"Point of diversion" means the location where the user's withdrawal facilities diverts the contractual water supply from the Raritan Basin System.

"Production factor" means the inverse ratio between any allocation for a depletive water diversion above the confluence of the Millstone and Raritan Rivers and its equivalent in sustained supply at the confluence at the Millstone and Raritan Rivers as follows: production factor = safe yield at the confluence/yield at the point of diversion (see 7:11-2.9 ).

"Retroactive debt service payment" means a payment in addition to the daily allotment charge which shall apply to all new or additional uninterruptible water supply contracts in order to proportionately reimburse pre-existing System water users for certain debt service payments previously made by them (see 7:11-2.13(c) and (d) ).

"Short-term service" means the supply of Raritan Basin System water for certain interim or short-term uses, such as growing agricultural or horticultural products, meeting extraordinary requirements in consumer demand for potable or industrial water as a result of transfers arising from a declaration of drought by the Department, meeting non-seasonal extraordinary requirements in consumer demand for potable or industrial water or emergent maintenance or temporary failure of a critical component of a System water user's infrastructure provided on a non-guaranteed or interruptible basis.

"Standby service" means the supply of Raritan Basin System water for certain occasional uses, such as fire protection or other emergencies, natural or otherwise.

"System water user" (also referred to as "contractual water customer," "purchaser" and/or "user") means a party under legal contract with the Authority for a supply of raw water from the Raritan Basin System.

"Uninterruptible service" means the supply of water from the Raritan Basin System which a System water user is authorized continuously to withdraw, without interruption, for potable or industrial water supply purposes pursuant to contract.

N.J. Admin. Code § 7:11-2.2

New Rule, R.1997 d.230, effective 6/2/1997 (operative July 1, 1997).
See: 28 New Jersey Register 5130(a), 29 New Jersey Register 2551(b).
Former section recodified to N.J.A.C. 7:11-2.3.
Amended by R.2001 d.208, effective 6/18/2001 (operative July 1, 2001).
See: 32 New Jersey Register 4424(a), 33 New Jersey Register 2098(a).
In "Production factor", inserted "as follows: production factor = safe yield at the confluence/yield at the point of diversion".
Amended by R.2002 d.177, effective 6/3/2002 (operative July 1, 2002).
See: 33 New Jersey Register 4213(a), 34 New Jersey Register 1902(b).
In "Daily allotment charge", amended the N.J.A.C. reference; rewrote "Production factor" and "Raritan Basin System".
Amended by R.2003 d.410, effective 10/20/2003.
See: 35 New Jersey Register 2004(a), 35 New Jersey Register 4876(a).
Deleted "Raritan Basin System".
Amended by R.2004 d.234, effective 6/21/2004 (operative July 1, 2004).
See: 35 New Jersey Register 5472(a), 36 New Jersey Register 3073(a).
Added "Annual overdraft rate", "Overdraft service"; "Overdraft service rate", "Peaking charge" and "Uninterruptible service"; rewrote "Short-term service".
Amended by R.2006 d.231, effective 6/19/2006 (operative July 1, 2006).
See: 37 N.J.R. 4719(a), 38 N.J.R. 2688(a).
In definition "Retroactive debt service payment", updated N.J.A.C. reference.