N.J. Admin. Code § 7:20A-2.6

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

Section 7:20A-2.6 - Water usage certification conditions

(a) The Department, in consultation with the appropriate county agricultural agent, shall include as standard conditions in all water usage certifications the following conditions:

1. The term of the certification, which shall be five years;

2. A list of the approved diversion sources and the approved diversion rate for each;

3. The maximum allowable diversion for the certification, expressed in terms of a monthly and annual allocation;

4. That the certification holder shall maintain a log or other appropriate record in which the daily and/or monthly hours of operation, or month end meter readings for metered sources, for each diversion source is recorded in, and the quantity of water diverted monthly from each diversion source is recorded in indelible ink and is to be maintained on site for a minimum of three years after the end of the year in which the record was created;

5. That by February 28 of each year the certification holder shall submit to the Department, with a copy to the appropriate county agricultural agent, a report for the preceding calendar year of monthly water usage for each diversion source, as recorded in the log or other appropriate record required under (a)4 above, and the crop types planted and the acres of each crop type that were under irrigation;

6. That the certification holder may transfer the certification provided, in accordance with 7:20A-1.6, notification is made to the appropriate county agricultural agent and the Department, and provided no changes or modifications are made in the specified conditions of the water usage certification;

7. That the Department may revoke the certification, after notice and after an adjudicatory hearing, if requested, for violations of the certification conditions or of the rules adopted or orders issued by the Department, and when deemed necessary for the public interest;

8. That the water diverted shall be used only for the approved purposes;

9. That if the authorized diversion privileges are not currently utilized, or are not reasonably required for a demonstrated future need, as described in the agriculture development plan developed pursuant to 7:20A-2.4(d)1 through 3, they shall, all or in part, revert back to the State upon renewal or modification of the certification as determined by the Department;

10. That an increase in allocation, the relocation of a diversion source more than 100 feet from an existing diversion source or as authorized under 7:20A-2.2(a)1 i, the addition of a new diversion source, or an increase in pumping capacity requires prior approval through a major modification of the certification, except as exempted pursuant to 7:20A-2.2(b)6;

11. That a certification that includes a diversion source located within a water supply critical aquifer is subject to the water allocation management requirements for areas of critical water supply concern in the Department's Water Supply Allocation Permit rules at N.J.A.C. 7:19-8;

12. All water usage certifications that impact or have the potential to impact surface water bodies, may include a passing flow for the affected portion of the waterbody. In establishing the passing flow, the Department shall take into account the needs of other authorized, existing downstream users, existing holders of a valid water supply allocation permit or registration, water usage certification or agricultural water usage registration, aquatic and water-dependent ecological requirements, use and classification of the waterbody, natural streamflow variability (hydrograph) of the impacted waterbody, impacts to the safe yield of existing public water supply systems, and the feasibility of implementing a passing flow requirement.

i. The Department may implement the use of new passing flow assessment tools as they develop in order to protect the integrity of waterbodies;

13. The certification holder is responsible for mitigating to the Department's satisfaction adverse impacts on ground or surface waters, or appropriately permitted users of wells or surface water resulting directly from the certification holder's diversion; and

14. The Department may impose additional conditions in a new certification or a major modification to an existing certification to ensure protection of the source water for public community water systems in accordance with the standards at 7:10-11.7.

(b) The appropriate county agricultural agent or the Department may include in a water usage certification a condition or conditions in addition to the standard conditions listed at (a) above as necessary to ensure the proper implementation of the Act and this chapter.

N.J. Admin. Code § 7:20A-2.6

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 "Preliminary application review".
Amended by R.2007 d.6, effective 1/2/2007.
See: 38 N.J.R. 2947(a), 39 N.J.R. 39(a).
Rewrote (a).