N.J. Admin. Code § 7:19-1.7

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:19-1.7 - Unpermitted diversions

(a) Any person presently diverting or claiming the right to divert more than 100,000 gallons of water per day and who does not hold a valid permit is subject to penalties provided for under 7:19-1.8 and shall apply for a permit immediately.

(b) Any person who intends to divert more than 100,000 gallons of water per day shall apply for a permit by following the application procedures set forth in N.J.A.C. 7:19-2.

(c) Any person who holds a Water Policy and Supply Council permit that was valid prior to February 10, 1982, but who did not reestablish that privilege to divert water as of February 10, 1982, shall apply for a permit immediately in accordance with 7:19-2.2.

(d) Any purveyor who, because of a local water emergency, needs to divert water from a diversion source for which the purveyor does not have diversion privileges under a permit pursuant to this chapter shall submit a written request for approval of such diversion to the Administrator of the Water Supply Element, CN-426, Trenton, New Jersey 08625. The purveyor shall be eligible for such an approval only if the following requirements are met:

1. The purveyor and/or the local governing body, as appropriate, shall give public notice a local water emergency exists;

2. The purveyor and/or the local governing body, as appropriate, shall impose mandatory water use restrictions and properly notify its water users;

3. The purveyor shall obtain the certification of a professional engineer or the licensed operator of the public water supply that the water from the unapproved diversion source meets the primary drinking water quality standards of N.J.A.C. 7:10. The certification of the water quality test results shall be submitted to the Department's Bureau of Safe Drinking Water for review and approval;

4. The purveyor shall apply for a major modification of its permit in accordance with 7:19-2.2 within 30 calendar days of the initiation of the diversion approved pursuant to this subsection;

5. The purveyor shall apply to the Bureau of Safe Drinking Water for a water works facilities approval in accordance with N.J.A.C. 7:10-11 within 30 calendar days of the initiation of the diversion approved pursuant to this subsection; and

6. The purveyor shall use the diversion approved pursuant to this subsection only on a last on, first off basis until the permit modification pursuant to (d)4 above and water works approval pursuant to (d)5 above are granted.

N.J. Admin. Code § 7:19-1.7

Amended by R.1990 d.180, effective 3/19/1990.
See: 21 New Jersey Register 3594(a), 22 New Jersey Register 932(a).
Text at (a) and (b) deleted.
Recodified from 7:19-1.5 and amended by R.1995 d.162, effective 3/20/1995.
See: 26 New Jersey Register 4912(a), 27 New Jersey Register 1265(a).