N.J. Admin. Code § 7:9D-1.12

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

Section 7:9D-1.12 - Provisions for issuance of emergency well drilling permits

(a) The Department may issue an emergency well permit to minimize actual or avert potential harm to human health, the environment, or property.

(b) A well driller requesting an emergency well permit under this section shall contact the Department on the day of the emergency or, when the emergency occurs after business hours, on a weekend, or on a holiday, the next working day thereafter. The well driller must submit a completed well permit application via the Department's electronic permitting portal prior to the start of any well drilling activity, except as follows:

1. For well permits that cannot be submitted electronically, the well driller shall submit the application via facsimile pursuant to N.J.A.C. 7:9D-1.17 prior to the start of drilling. Within five business days of the emergency well permit number issuance, the well driller shall submit to the Department a completed well permit application, including the original signatures of the owner and well driller and fees. The Department may not issue emergency well permits to applicants who repeatedly fail to submit the completed well permit application within five days.

2. The well driller shall not apply for an emergency permit for a Category 1 or Category 2 well located in an area identified via the Department's well permitting portal as a known contaminated area or areas of known or suspected salt water intrusion or when the proposed location is within 500 feet of any salt water or brackish water body, without prior consultation with the Department. The driller shall contact the Department in writing to request consultation regarding construction prior to submitting an emergency well permit application.

(c) The Department, upon issuance of an emergency permit, shall assign to the well driller an emergency well drilling permit number and specify the date of approval. The well driller shall make an electronic or paper copy of the approved permit available for any onsite inspection by any authorized local, county, State, or Federal official.

(d) All emergency wells must meet construction standards, including those for a known or suspected contaminated area or where there is known or suspected salt water intrusion. The Department shall deny a permit for wells not constructed in accordance with this chapter. In this instance, the well driller shall maintain a copy of the completed permit application onsite for inspection by any authorized local, county, State, or Federal officials.

N.J. Admin. Code § 7:9D-1.12

Amended by 50 N.J.R. 171(a), effective 1/2/2018