N.J. Admin. Code § 7:19-8.5

Current through Register Vol. 56, No. 8, April 15, 2024

Section 7:19-8.5 - Water Supply Critical Area II

(a) The Department designated Water Supply Critical Area II by administrative order on January 15, 1993. Based upon a regional water supply study substantiated by United States Geological Survey monitoring and modeling, and following public notice and public hearings, the Department determined that the Potomac-Raritan-Magothy (PRM) aquifer system was depleted such that designation as an area of critical water supply concern was warranted. The boundary of the depleted zone of the critical area corresponds to the average potentiometric contour 30 feet below sea level for the PRM, as published in "Water Levels in Major Artesian Aquifers of the New Jersey Coastal Plain, 1983 U.S.G.S., WRI 86-4028." The threatened zone surrounds the depleted zone of the critical area.

(b) The Department will determine base allocations within Water Supply Critical Area II in accordance with the following:

1. For those allocations existing on July 24, 1993 for a period of not less than 10 years from that date, the Department shall not reduce any existing allocation to an amount less than either the amount withdrawn from the depleted and/or threatened zone in 1991 or the amount determined pursuant to (b)1i or ii below, whichever is smaller.

i. The base allocation from the depleted zone shall be:

DZ = (0.65 x D83) + (Dmax - D83)

Where DZ equals the depleted zone base allocation in millions of gallons per year (MGY); D83 is the permittee's 1983 annual withdrawal from the depleted zone of the Potomac-Raritan-Magothy (PRM) aquifer system in MGY; and Dmax is the permittee's maximum annual withdrawal in MGY from the depleted zone of the PRM aquifer system between 1983 and 1991.

ii. The base allocation from the threatened zone shall be the maximum annual withdrawal in millions of gallons per year from the threatened zone of the PRM aquifer system between 1983 and 1991.

2. The base allocation for each affected permittee with multiple, interconnected permits shall be determined using the single year in which the annual withdrawal from all diversion sources in the PRM aquifer system was greatest.

3. The base allocation for each affected permittee with diversion sources in both the depleted and the threatened zone of the PRM aquifer system shall be determined using a single year.

(c) Where an affected industrial permittee demonstrates to the satisfaction of the Department that its withdrawals from the PRM aquifer system were less in 1991 than in any year between 1983 and 1990 due to economic conditions, the industrial permittee's base allocation shall be determined according to (b)1i and/or ii above and shall not be limited to the amount withdrawn in 1991.

(d) The area north of Rancocas Creek from its confluence with the Delaware River to the intersection of the southwest branch of the Rancocas Creek with State Route 38, then north of State Route 38 to the start of County Route 530, then north of County Route 530 to the intersection of County Route 530 with State Route 70 to the Burlington-Ocean county boundary is designated the Water Allocation Credit Receiving Area for Water Supply Critical Area II. Within this Water Allocation Credit Receiving Area, the following shall apply:

1. The allocation represented by one-half of the difference between the total base allocation as established pursuant to (b) above for all permittees and the total of 1991 withdrawals from the PRM aquifer system is designated water allocation credits.

2. Such water allocation credits may be transferred provided that the credits transferred are for local use only, as "local use" is defined in 7:19-1.3, and the increased diversion will not have an adverse impact upon the PRM aquifer system or other users of the system. The transfer shall be made in accordance with 7:19-8.7.

3. The base allocation of any affected permittee in the Water Allocation Credit Receiving Area who demonstrates that a net reduction in its water use over the period from 1978 to 1991, inclusive, was the result of documented water conservation efforts shall be supplemented by water conservation credits. Water conservation credits shall be equal to 50 percent of the difference between the maximum volume of water withdrawn during this period and 1991, and shall be used by the permittee to satisfy its water demands. Conservation credits cannot be sold, leased or transferred from their geographic location.

4. A supplier of an interconnected system shall have the right to obtain water allocation credits in an amount that would allow transfer of additional volumes through the interconnection provided that such additional volumes do not exceed 50 percent of the volume transferred through the interconnection in 1991.

(e) The governing body of a county may establish a water allocation credit exchange. The water allocation credit exchange shall initially contain the water allocation credits determined pursuant to (d)1 above. The water allocation credits shall be considered a common resource, administered by the county in consultation with the Department. Any county governing body that establishes a water allocation credit exchange shall submit to the Department an implementation plan for review and approval.

(f) Water allocation credits become part of a permittee's base allocation once they are transferred from the water allocation credit exchange to the permittee. Transfers of water allocation credits from the credit exchange are subject to Department approval in accordance with 7:19-8.7.

N.J. Admin. Code § 7:19-8.5

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