N.J. Admin. Code § 7:19-1.6

Current through Register Vol. 56, No. 17, September 3, 2024

Section 7:19-1.6 - Diversion source categories and requirements

(a) A permittee with an inactive well who intends to use the well in the future shall request in writing that the Department place the well on inactive status within the scope of the permit and shall:

1. Submit an initial inactive well inspection report on a form provided by the Department;

2. Submit a certification form, provided by the Department, by January 31 of each year thereafter. The permittee shall certify that the well is structurally sound, is protected from vandalism and contamination, and is not a threat to public health. If the permittee operated the inactive well during the year, the total number of hours and gallons pumped shall be reported on the certification form.

3. If the Department determines pursuant to 58:4A-4.1 et seq. that the inactive well has not been in operation for three or more years or is improperly maintained so as to pose a threat to the public health or the water resource, the Department will order the permittee to have the well sealed, by a New Jersey licensed well driller who is certified to seal wells, in accordance with 58:4A-4.1 et seq. and N.J.A.C. 7:9-9.

(b) A permittee shall maintain each active well in operating order, protect the well from vandalism and contamination, have the well accessible for inspection, operate the well at least once a year and report the amount of water diverted to the Department pursuant to 7:19-2.14(a)3. Any well not maintained in accordance with this subsection shall be considered inactive and subject to the requirements in (a) above. Each active well shall be contained within the scope of the permit with an associated allocation.

(c) A permittee shall maintain each emergency well in operating order, protect the well from vandalism and contamination, have the well accessible for inspection, operate the well at least once a year and report the amount of water diverted to the Department pursuant to 7:19-2.14(a)3. Each emergency well shall be contained within the scope of the permit but without an associated allocation.

(d) A permittee shall maintain each aquifer storage and recovery well in operating order, protect the well from vandalism and contamination, have the well accessible for inspection, operate the well at least once a year and report the amount of water diverted to the Department pursuant to 7:19-2.14(a)3. Each aquifer storage and recovery well is considered an active diversion source and shall be contained within the scope of the permit with an associated allocation.

(e) A permittee shall maintain each inactive, active, or emergency surface water diversion source pursuant to the requirements of (a), (b), or (c) above, as appropriate. The Department will establish a passing flow requirement for each surface water diversion source or ground water diversion that impacts a surface water source as follows:

1. In the case of a diversion source used for public water supply, the Department will establish the passing flow requirement in accordance with the criteria set forth in 7:19-4.6(f).

2. In the case of a diversion source used for a purpose other than public water supply, the Department will establish the passing flow requirement at a level that will not reduce the passing flow below the seven day, 10 year low flow as established by the United States Geological Survey.

3. If an applicant proposes a lower passing flow requirement than that established pursuant to (e)1 or 2 above, the applicant shall submit with the permit application, pursuant to 7:19-2.2, a detailed environmental impact study which demonstrates to the satisfaction of the Department that no adverse environmental impact will occur as a result of the proposed lower passing flow requirement.

4. The Department will temporarily increase the passing flow requirement established pursuant to (e)1 or 2 above if the Department determines such an increase is warranted to preserve the water quality of the diversion source.

5. The Department will not establish a passing flow requirement for a surface water diversion source if the seven day, 10 year low flow is zero; the stream flow is intermittent; or the size or nature of the watershed is such that a passing flow requirement is impractical.

6. The permittee shall ensure that the intake structure for the surface water diversion source is designed to maintain the passing flow requirement.

(f) A person with multiple diversion sources shall obtain a permit or registration, as applicable, for:

1. A facility or group of contiguous properties under common ownership which have a combined diversion capacity of more than 100,000 gallons of water per day;

2. All diversion sources under common ownership within a single municipality or within an area two miles square which have a combined diversion capacity of more than 100,000 gallons of water per day;

3. Up to 25 wells under common ownership which are part of an interconnected system which lie within an area comprised of a square three miles on each side;

4. Water supply systems which are interconnected, jointly used and jointly operated which have a combined diversion capacity of more than 100,000 gallons of water per day and which meet the criteria of (f)2 and/or 3 above; and

5. If the combined capacity of diversions pursuant to (f)1 through 4 above is less than 100,000 gallons per day the diversions shall be combined with other diversions under common ownership so that the combined diversion capacity is more than 100,000 gallons of water per day.

N.J. Admin. Code § 7:19-1.6

New Rule R.1995 d.162, effective 3/20/1995.
See: 26 New Jersey Register 4912(a), 27 New Jersey Register 1265(a).