N.J. Admin. Code § 7:19-4.6

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

Section 7:19-4.6 - Calculation of fees

(a) The Department shall segregate from the quarterly diversion reports those portions of the total diversion from surface water for the purpose of public water supplies subject to the charges authorized by 58:2-1 et seq.

1. The Department shall use the diversion reports of the supplier of water in cases where there is a difference between the supplier's and recipient's report on the quantity of water diverted.

(b) The Department shall obtain from the United States Geological Survey the daily stream flow records for the applicable year for those gaging stations downstream of the surface water diversion points for public water supplies.

(c) The Department shall determine for each purveyor the amount of water diverted in excess of the free allowance set forth in 7:19-4.8.

1. Where more than one purveyor serves a municipality entitled to a free allowance, the free allowance shall be allocated in proportion to each purveyor's share of the total diversion going to that municipality during the year.

(d) The total diversion by each purveyor less the free allowance, and adjustments thereto, shall be subject to the excess diversion fee.

1. The excess diversion fee shall be fixed at not less than $ 1.00 nor more than $ 10.00 per million gallons in excess of the free allowance.

i. The minimum charge of $ 1.00 per million gallons of water shall apply on those days when the passing flow requirement below the point of diversion is maintained.

ii. The maximum charge of $ 10.00 per million gallons of water shall apply on those days when the passing flow below the point of diversion is zero.

iii. The rate of charge for any day in which the passing flow requirement is not maintained shall be computed in accordance with the following formula:

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(e) The passing flow requirements which apply in these calculations include, but are not limited to, the following:

Purveyor	Gaging Station	Passing Flow
(cubic feet
per second)
Brick Township M.U.A.	Metedeconk River near Lakewood	13.0
Elizabethtown Water Co. Raritan	Passing flows maintained by N.J.
River	Water Supply Authority
Hackensack Water Company
Hackensack River	Hackensack River at New Milford	12.9
Saddle River	Saddle River at Lodi	13.9
Two Bridges	Passaic River	143.3

(except when Passaic Valley Water Commission is diverting at Two Bridges, in

which case passing flow will be 27.2 cfs).

City of Jersey City	To be released from Boonton Dam	10.83 n1
to the Rockaway River
Matchaponix Water Supply Co.	Matchaponix Brook	7.3
Middlesex Water Co.
Robinson's Branch of Rahway River	Rahway River at Rahway	4.2
Raritan River	Passing flow maintained by N.J.
Water Supply Authority
New Jersey-American Water
Company
Passaic River	Passaic River at Chatham	116.0
Canoe Brook	Canoe Brook near Summit	2.12
Passaic River at Madisonville	Passaic River near Millington	10.7
Swimming River	Swimming River near Red Bank	9.4
Jumping Brook	Jumping Brook near Neptune	1.16
Shark River	Shark River near Neptune	1.9
Newark Water Dept.	Pequannock River at Macopin	12.3
City of New Brunswick	Lawrence Brook at Westons Mill	8.7
North Jersey District
Water Supply Commission	Wanaque River at Wanaque	15.5 n2
Ramapo River at Pompton Lakes	61.9
Two Bridges	Passaic River	143.3

(except when Passaic Valley Water Commission is diverting at Two Bridges, in

which case passing flow will be 27.2 cfs).

Passaic Valley Water Commission
Pompton River	at Pompton Plains	92.8
Passaic River	at Little Falls	89.0
Passaic River	at Two Bridges	27.2
Rahway Water Department
Rahway River	at Rahway	7.9
Sayreville Borough	at Duhernal Dam	Dec.-April
61.88
May-Nov.
123.78
City of Trenton
Delaware River	at Trenton	1,131.1
n1 Subject to adjustment when flows in Beaver Brook at the outlet of Split
Rock Pond are less than 1.5 cfs.
n2 Subject to reduction by the amount of flows into reservoir at Awosting
less than 4.6 cfs.

(f) Where the passing flow is not specified above, it shall be fixed by the Department based on an amount equal to the average daily flow for the driest month, as shown on existing records or in lieu thereof, 125,000 gallons for each square mile of unappropriated watershed above the point of diversion. The flows computed on the basis of 125,000 gallons per day per square mile shall be in addition to flows from any appropriated watershed above the point of diversion.

N.J. Admin. Code § 7:19-4.6

As amended, R.1984 d.335, eff. 8/6/1984.
See: 16 New Jersey Register 664(a), 16 New Jersey Register 2103(a).
(d)1iii: formula corrected.
(e): "Passing flow" was "Minimum flow"; under City of Jersey City, "To be released from Boonton Dam ..." added, 10.83 was 23.0; Elizabethtown Water Co. (Upper Cold Creek) and New Jersey Water Co. (Brass Castle Creek) deleted.
(f) "passing flow" was "minimum required flow".
Recodified from 7:19-4.7 and amended by R.1995 d.162, effective 3/20/1995.
See: 26 New Jersey Register 4912(a), 27 New Jersey Register 1265(a).