N.J. Admin. Code § 7:20A-2.2

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

Section 7:20A-2.2 - Major and minor certification modifications

(a) A major modification of a water usage certification shall be obtained pursuant to 7:20A-2.3 and 2.5 for the following:

1. The relocation of an intake or well to a site more than 100 feet from the site of the intake or well specified in the certification, or the location of replacement well in a different aquifer;

i. The Department shall approve a replacement well in the same aquifer or the relocation of a diversion point greater than 100 feet from the existing well or existing intake as a minor modification to the water usage certification pursuant to (b) below if, as determined by the Department, there are structures, facilities or physical barriers situated such that the replacement well or relocated intake cannot be located within 100 feet of the existing well or existing intake. In this event, the replacement well or relocated intake shall be located as near to the existing well or existing intake as possible. However, in no case shall a replacement well or relocated intake located beyond 200 feet from the existing well or existing intake, or closer to a contamination site on the Department's known contaminated site list, a surface water classified as category one pursuant to N.J.A.C. 7:9B, or to an exceptional resource value fresh water wetland pursuant to 7:7A-2.4(b), or within 500 feet of the property line for the replacement well be considered as a minor modification in accordance with (b) below.

2. The addition of a diversion source, unless the new diversion source meets the criteria identified in (b)4 below or is a replacement well as defined under 7:20A-1.3, whether or not an increase in allocation is sought;

3. An increase in monthly or annual allocation;

4. An increase in pumping capacity, except for an off-stream pond intake that can be processed as a minor modification pursuant to (b) below; and/or

5. A change to any condition of the certification that has the potential to cause an adverse impact either upon a water resource or upon other users of that water resource.

(b) A minor modification of a water usage certification may be effected pursuant to the following:

1. A change in name or mailing address of the certification holder by a written notice of the change to the county agricultural agent and the Department within 30 days of the change;

2. A transfer of ownership or operation of the agricultural, aquacultural, or horticultural property in accordance with 7:20A-1.6;

3. The installation of a replacement well in accordance with 7:20A-1.4(a)4 or as determined pursuant to 7:20A-2.2(a)1 i;

4. The addition of a well in the same aquifer at the approximate same depth, with the same or lower pumping capacity as a well specified in the certification, provided the additional well is within 100 feet, or as determined pursuant to 7:20A-2.2(a)1 i, of the existing well, is being added solely to reduce the irrigation time, and does not require any increase in allocation. The additional well shall not be any closer than 500 feet to any property line. The certification holder shall provide the appropriate county agricultural agent with a copy of the well record form as required under 7:9D-1.15 for the additional well and the location of the additional well relative to the existing well with the distance between the two wells delineated on a map produced in accordance with 7:20A-2.3(e);

5. A reduction in allocation in accordance with 7:20A-2.4(h); and

6. An increase in pumping capacity for an off-stream pond intake that does not require an increase in allocation.

N.J. Admin. Code § 7:20A-2.2

R.1984 d.107, effective 4/2/1984.
See: 15 N.J.R. 2122(a), 16 N.J.R. 719(a).
Section was "Reserved".
Amended by R.1989 d.36, effective 1/17/1989.
See: 20 N.J.R. 2663(a), 21 N.J.R. 176(a).
Substantially amended.
Amended by R.1994 d.12, effective 1/3/1994.
See: 25 N.J.R. 3956(a), 26 N.J.R. 212(c).
Repeal and New Rule, R.1999 d.7, effective 1/4/1999.
See: 30 N.J.R. 3410(a), 31 N.J.R. 45(a).
Section was "Information and reports".
Amended by R.2007 d.6, effective 1/2/2007.
See: 38 N.J.R. 2947(a), 39 N.J.R. 39(a).
In the introductory paragraph of (a), inserted "and 2.5"; in (a)1, inserted ", or the location of a replacement well in a different aquifer"; added (a)1i; in (a)3, deleted "pumping capacity, or" preceding "monthly" and "and/or" from the end; added new (a)4; recodified former (a)4 as (a)5; in (b)1, inserted "agricultural"; in (b)3, inserted "or as determined pursuant to N.J.A.C. 7:20A-2.2(a)1i"; rewrote (b)4; in (b)5, substituted "; and" for the period at the end; and added (b)6.