N.J. Admin. Code § 7:38-3.2

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:38-3.2 - Standards for water supply diversion sources

(a) Any person applying for a new or modified water supply allocation or an increased diversion under an existing water use registration as established under (i) below where at least one of the diversion sources is located within the preservation area shall obtain an HPAA including compliance with the standards and requirements in the Water Supply Allocation Permit Rules, N.J.A.C. 7:19.

(b) The Department shall not approve as part of an HPAA any new or increased diversion within the preservation area resulting in a total permitted diversion of greater than 50,000 gallons of water per day unless:

1. Individual and cumulative impacts of multiple diversions are fully assessed;

2. Existing stream base flows are maintained;

3. Depletive use within the sub-drainage basin is minimized. For the purposes of this section, sub-drainage area is defined as the HUC 14;

4. Existing water quality is maintained; and

5. Ecological uses are protected.

(c) Any water allocation approved as part of an HPAA for a diversion located within the preservation area that impacts or has the potential to impact any Highlands open water that is a surface water body, shall include a passing flow for the affected portion of the surface water body. In establishing the passing flow, the Department shall take into account the needs of existing downstream users holding a valid water allocation permit or HPAA, aquatic and water-dependent ecological requirements, use and classification of the water body, natural seasonal flow regimes of the affected water body, and impacts to the safe yield of existing water supply systems.

1. The Department may use passing flow assessment methods to ensure that the ecological integrity of water bodies in the preservation area is protected as mandated by the Highlands Act.

(d) The Department shall not approve as part of an HPAA any new or increased diversion within the preservation area unless water conservation measures are implemented to the maximum extent practicable. Such measures include those identified at (g)2 below.

(e) The Department shall not approve as part of an HPAA any new or increased diversion that results in a diversion of greater than 50,000 gallons of water per day for a non-potable use that is greater than 50 percent consumptive unless the applicant submits documentation that the diversion will not result in a net increase in this type of use within the sub-drainage area. The Department shall approve a diversion for this type of use provided:

1. The applicant documents that, within the same sub-drainage area, there is an equivalent reduction in a non-potable use that is greater than 50 percent consumptive that is achieved by:

i. Groundwater recharge of storm water;

ii. Beneficial reuse of reclaimed water; or

iii. The permanent termination of an equivalent non-potable use that is greater than 50 percent consumptive; and

2. Water allocated in accordance with a water supply allocation to a water purveyor or other potable user shall not be used to serve new activities in the preservation area that are greater than 50 percent non-potable and greater than 50 percent consumptive.

(f) In accordance with N.J.S.A. 13:20-32d, the Department may revoke an existing unused water supply allocation approval for non-potable purposes if it determines that the permittee is not implementing demand reduction measures to the maximum extent practicable.

(g) In accordance with N.J.S.A. 13:20-32d, and pursuant to (h) below, the Department may reduce an approved water allocation to eliminate any unused portion as follows:

1. Monthly and/or annual allocations may be reduced through a Department-initiated minor permit modification, or during the review of a permit renewal or modification application, if usage is less than 80 percent of the allocation, based on records for the previous five years; or

2. If all practicable water conservation measures are not undertaken. Practicable water conservation measures include:

i. Implementation of best management practices to ensure maximum water use efficiency and reduction in water losses, including:

(1) On-going leak detection; and

(2) State-of-the-art (industry-specific) equipment and techniques; and

ii. A maximum limit on unaccounted-for water of 15 percent.

(h) Before reducing an allocation pursuant to (g) above, the Department shall:

1. Consider projected water demands associated with approved water main extensions, approved water supply contracts, and facility expansions planned within the next five years;

2. Provide the permittee with an opportunity for a public hearing pursuant to 7:19-2.8, prior to final permit modification; and

3. Depending on the purpose of the diversion, allow the permittee to implement a water-use practice during the term of the renewed or modified permit that will significantly improve water conservation.

(i) Any person in the preservation area who has the capability to divert more than 50,000 gallons of water per day (1.55 million gallons of water per month), but who does not currently do so, shall submit a water use registration to the Department in accordance with these rules and N.J.A.C. 7:19 to the address listed at 7:38-1.2. The "capability to divert more than 50,000 gallons of water per day" means the ability to divert more than 35 gallons of water per minute from a single source or a combination of sources, at least one of which is located all or partly within the preservation area.

1. Any holder of a valid Water Use Registration issued under N.J.A.C. 7:19 for diversion sources in the preservation area, who was in compliance with the Water Use Registration for the period between March 29, 1999 and March 29, 2004, and whose allocation limit was established at less than 100,000 gallons per day (3.1 million gallon per month), may continue to divert water at the current diversion level under the valid Water Use Registration.

i. For purposes of this paragraph, the Department will determine the current diversion level to be the highest amount of water diverted in any one month for the March 29, 1999 to March 29, 2004 period. The current annual diversion level is the highest annual amount of water diverted for the March 29, 1999 to March 29, 2004 period. At no time will the current diversion level be established at less than 50,000 gallons of water per day.

2. The Department will modify existing Water Use Registrations for diversion sources in the preservation area to include as conditions the current source locations and the allowable diversion amount, based on the current diversion level. If after the effective date of such modification a registration holder exceeds the diversion amount or changes source locations and such change would not qualify as a minor permit modification under 7:19-1.5(a), an HPAA will be required.

N.J. Admin. Code § 7:38-3.2

Amended by R.2006 d.420, effective 12/4/2006.
See: 37 N.J.R. 4767(a), 38 N.J.R. 5011(a).
Rewrote the section.