N.J. Admin. Code § 7:20A-1.7

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:20A-1.7 - Complaints of interference

(a) The appropriate county agricultural agent shall refer to the Department all complaints received from persons alleging that their diversion source is being adversely impacted by an existing diversion source that is included within a water usage certification or a diversion that is operating in violation of this chapter.

(b) All complaints shall be made in writing and shall include:

1. The location of the involved wells or intakes;

2. The nature and frequency of interference; and

3. The well drilling permit number, well depth and capacity for each of the complainant's wells.

(c) The Department shall determine the validity of all such complaints. If the complaint appears to be valid, the Department shall investigate and make a determination as to cause based upon the facts in each particular case. The Department shall notify the complainant, the certification holder, and the appropriate county agricultural agent of its findings and shall, if necessary, direct that a solution be implemented within 30 days.

1. The water usage certification holder is responsible for mitigating adverse impacts on ground or surface waters, the users thereof who had a water supply allocation permit or water usage certification, and/or all authorized users of the ground or surface waters in operation prior to the water usage certification being issued to the water usage certification holder, caused as a direct result of the diversion.

N.J. Admin. Code § 7:20A-1.7

New Rule, R.1994 d.12, effective 1/3/1994.
See: 25 N.J.R. 3956(a), 26 N.J.R. 212(c).
Recodified from N.J.A.C. 7:20A-1.8 and amended by R.1999 d.7, effective 1/4/1999.
See: 30 N.J.R. 3410(a), 31 N.J.R. 45(a).
Rewrote (c). Former N.J.A.C. 7:20A-1.7, Procedure after transfer of ownership or operation of agricultural or horticultural property with existing water usage certification, recodified to N.J.A.C. 7:20A-1.6.
Amended by R.2007 d.6, effective 1/2/2007.
See: 38 N.J.R. 2947(a), 39 N.J.R. 39(a).
In (a), substituted "that" for "which" and inserted "or a diversion that is operating in violation of this chapter"; in the introductory paragraph of (c), substituted "appears to be" for "is"; and added (c)1.