N.J. Admin. Code § 7:19-6.4

Current through Register Vol. 56, No. 18, September 16, 2024

Section 7:19-6.4 - Unaccounted-for water

(a) For each of the water purveyor size classes (see 7:19-6.2, Definitions), an annual enumeration will be made by the Department of all purveyors, serving a population of over 500 persons, with unaccounted-for water in excess of 15 percent. The Department may, at a later date, increase this percentage, if experience indicates that the 15 percent figure is low.

(b) For each purveyor size class, the Department shall determine the percentage of purveyors having the highest proportion of unaccounted-for water, and these purveyors will be determined by the Department to be provisionally delinquent. This determination may not include more than 35 percent of the total number of purveyors each year. These purveyors will be notified of their provisionally delinquent status.

(c) Purveyors found provisionally delinquent will be allowed one year in which to take appropriate corrective action, including elimination of leaks, establishment of records of use of previously unaccounted-for water and submission of a schedule for further corrective action. After consideration of supplementary information and the schedule submitted by the purveyor, an annual review of each provisionally delinquent purveyor will be conducted by the Department.

1. If the review establishes that the percentage of unaccounted-for water has been reduced to the median percentage for purveyors of that class, the provisionally delinquent status of the purveyor will be terminated.

2. If the provisionally delinquent status is reaffirmed and unless the purveyor submits a schedule for corrective action which is approved by the Department, an order will be issued by the Department, requiring the elimination of all undue losses in the system in accordance with a specified compliance schedule.

3. If the purveyor does not accept the findings of the annual review, it may request that the Department hold an informal, public fact-finding meeting, the findings of which must be approved by the Department.

4. Purveyors whose systems draw from and are laid in water table aquifers may be exempted from the requirements of this section provided that circumstances are such that leakage losses will not contribute to water shortages and that this is adequately documented by the purveyor.

5. The fee for conducting this delinquent status review will be $ 300.00 for Class 1 and $ 1,000 for Classes 2 and 3. After two years from the effective date of this subchapter, if it is determined that the average cost of conducting such reviews has decreased, the fees will be adjusted downward accordingly.

N.J. Admin. Code § 7:19-6.4