N.J. Admin. Code § 7:19-3.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:19-3.5 - Fees for Water Allocation Permits

(a) All applicable fees shall be paid in accordance with the fee schedule established in 7:19-3.6, and as specified below:

1. Any person who applies for a new permit or a major modification of an existing permit shall submit, along with the application, the applicable initial or modification fee set forth in 7:19-3.6(a)1, based on the class of the allocation listed in (d)1 below.

2. Each permittee shall pay the appropriate annual fee set forth in 7:19-3.6(a)2, based on the allocation class listed in (d)1 below.

(b) Each applicant for a new permit or a major modification of a permit shall pay the appropriate annual fee upon issuance of the permit or modification as follows:

1. The total annual fee, if the application is approved during the first quarter of the calendar year;

2. Three-quarters of the annual fee, if the application is approved during the second quarter of the calendar year;

3. One-half of the annual fee, if the application is approved during the third quarter of the calendar year;

4. One-quarter of the annual fee, if the application is approved during the fourth quarter of the calendar year.

(c) Any applicant who fails to complete necessary forms, fails to comply with other permit application requirements or who fails to provide information within the time frame(s) established by the Department, shall pay the annual fees which would have been due if the forms, information and application had been completed in a timely manner, except where the Department grants an extension of time prior to an associated due date.

(d) An applicant for a permit or permittee shall be placed in the appropriate class below based on the total amount of the approved monthly allocation, based upon a 31-day month:

1. Initial Application, Major Modification and Annual Permit Fee Classes:

i. Class 1: 3.1 million gallons per month (mgm) to less than 15.5 mgm;

ii. Class 2: 15.5 mgm to less than 31.0 mgm;

iii. Class 3: 31.0 mgm to less than 62.0 mgm;

iv. Class 4: 62.0 mgm to less than 155.0 mgm;

v. Class 5: 155.0 mgm to less than 310.0 mgm; and

vi. Class 6: 310.0 mgm and above.

(e) For the purpose of assessing the fees under this subchapter, the following shall apply:

1. If any groundwater diversion in excess of 3.1 million gallons per month is included in a permit, the initial application or major modification fee for the permit shall be computed using the groundwater schedule set forth in 7:19-3.6(a)1, accounting for the total monthly allocation from all sources within the scope of the permit. The annual fee shall be computed using the groundwater schedule set forth in 7:19-3.6(a)2; and

2. A diversion from a pond fed primarily by groundwater is considered a groundwater diversion.

(f) Any hearing costs shall be paid by the applicant in full upon issuance of the permit. If the application has been withdrawn after the public hearing or if the application is denied, the hearing costs shall be paid by the applicant on or before the specified due date of the invoice.

(g) If a water supply allocation permit application is withdrawn after the notice of application has been published, the applicant shall be responsible for payment of the cost of publication of the notice.

(h) Any fee under this subchapter that is subject to N.J.A.C. 7:1L shall be payable in installments in accordance with N.J.A.C. 7:1L.

N.J. Admin. Code § 7:19-3.5

Amended by R.1990 d.180, effective 3/19/1990.
See: 21 N.J.R. 3594(a), 22 N.J.R. 932(a).
Fee due at time application is submitted; refund provision added.
Recodified from 7:19-3.8 and amended by R.1995 d.162, effective 3/20/1995.
See: 26 N.J.R. 4912(a), 27 N.J.R. 1265(a).
Amended by R.1995 d. 205, effective 4/17/1995.
See: 26 N.J.R. 3922(a), 27 N.J.R. 1576(b).
Amended by R.2005 d.311, effective 9/19/2005.
See: 36 N.J.R. 3644(a), 37 N.J.R. 3648(b).
Rewrote (a) and (d)-(f).