N.J. Admin. Code § 7:19-1.4

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

Section 7:19-1.4 - Applicability

(a) This chapter applies to all persons holding existing permits, or diverting, having the capability to divert, or claiming the right to divert more than 100,000 gallons of water per day either from a single source or a combination of sources, and to all persons intending to divert more than 100,000 gallons of water per day except as specified below:

1. Except for N.J.A.C. 7:19-8, and as noted in N.J.A.C. 7:19-9 through 17 this chapter does not apply to diversions for agricultural or horticultural purposes as defined in 7:20A-1.3.

2. This chapter does not apply to diversions of salt water except where the Department determines that the diversion and resultant usage may affect utilization of fresh water.

3. A permit shall not be required for a person receiving water from a water purveyor or for transfers of water from a permittee within the scope of an existing permit.

4. This chapter does not apply to persons who make emergency diversions of water for periods of less than 31 days. An emergency diversion includes the taking of water for the purpose of fire fighting, flood prevention, hazardous substance and/or waste spill response, or for other emergency purposes as determined by the Department. In all cases of emergency diversion, the person responsible for the diversion shall contact the Department within 48 hours of initiation of the emergency diversion. If the emergency diversion is expected to continue for 31 days or more, then the person initiating the emergency diversion shall apply for a water supply allocation permit within 30 days after initiating the emergency diversion.

(b)N.J.A.C. 7:19-9 applies to applicable water purveyors and their customers during a water emergency. N.J.A.C. 7:19-10 through 17 are applicable to water users during a water emergency and to water purveyors when the Department has identified an area of the State or the entire State as being in a drought warning condition.

(c) A temporary dewatering permit is required for the diversion of 100,000 gallons of water per day or more for more than 30 days in a consecutive 365 day period for construction purposes when the rate of diversion may exceed natural replenishment of the water resource. Temporary dewatering permit application requirements are set forth at 7:19-2.3.

(d) A short term water use permit-by-rule is required for the diversion of 100,000 gallons of water per day or more for less than 31 days in a consecutive 365 day period. The requirements for a short term water use permit-by-rule are set forth at 7:19-2.17(a).

(e) A dewatering permit-by-rule may be applicable in place of a temporary dewatering permit if any person intends to divert more than 100,000 gallons of water per day for construction related dewatering from coffer dams or a confined area where the impacts of the dewatering are contained. The requirements for a dewatering permit-by-rule are set forth at 7:19-2.17(b).

N.J. Admin. Code § 7:19-1.4

Amended by R.1990 d.180, effective 3/19/1990.
See: 21 New Jersey Register 3594(a), 22 New Jersey Register 932(a).
Length of time shortened for diversion of water under emergency situations.
Amended by R.1995 d.162, effective 3/20/1995.
See: 26 New Jersey Register 4912(a), 27 New Jersey Register 1265(a).