Statutes, codes, and regulations
New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTIONChapter 19 - WATER SUPPLY ALLOCATION PERMITS
Subchapter 4 - PROCEDURES FOR DETERMINING, ASSESSING AND COLLECTING PAYMENTS FOR EXCESS WATER DIVERSION
Section 7:19-4.6 - Calculation of fees

N.J. Admin. Code § 7:19-4.6

Download
PDF
Current through Register Vol. 56, No. 24, December 18, 2024
Section 7:19-4.6 - Calculation of fees
(a) The Department shall segregate from the quarterly diversion reports those portions of the total diversion from surface water for the purpose of public water supplies subject to the charges authorized by N.J.S.A. 58:2-1 et seq.
1. The Department shall use the diversion reports of the supplier of water in cases where there is a difference between the supplier's and recipient's report on the quantity of water diverted.
(b) The Department shall obtain from the United States Geological Survey the daily stream flow records for the applicable year for those gaging stations downstream of the surface water diversion points for public water supplies.
(c) The Department shall determine for each purveyor the amount of water diverted in excess of the free allowance set forth in N.J.A.C. 7:19-4.8.
1. Where more than one purveyor serves a municipality entitled to a free allowance, the free allowance shall be allocated in proportion to each purveyor's share of the total diversion going to that municipality during the year.
(d) The total diversion by each purveyor less the free allowance, and adjustments thereto, shall be subject to the excess diversion fee.
1. The excess diversion fee shall be fixed at not less than $ 1.00 nor more than $ 10.00 per million gallons in excess of the free allowance.
i. The minimum charge of $ 1.00 per million gallons of water shall apply on those days when the passing flow requirement below the point of diversion is maintained.
ii. The maximum charge of $ 10.00 per million gallons of water shall apply on those days when the passing flow below the point of diversion is zero.
iii. The rate of charge for any day in which the passing flow requirement is not maintained shall be computed in accordance with the following formula:

Click here to view image.

(e) The passing flow requirements which apply in these calculations include, but are not limited to, the following:
PurveyorGaging StationPassing Flow
(cubic feet
per second)
Brick Township M.U.A.Metedeconk River near Lakewood13.0
Elizabethtown Water Co. RaritanPassing flows maintained by N.J.
RiverWater Supply Authority
Hackensack Water Company
Hackensack RiverHackensack River at New Milford12.9
Saddle RiverSaddle River at Lodi13.9
Two BridgesPassaic River143.3
(except when Passaic Valley Water Commission is diverting at Two Bridges, in
which case passing flow will be 27.2 cfs).
City of Jersey CityTo be released from Boonton Dam10.83 n1
to the Rockaway River
Matchaponix Water Supply Co.Matchaponix Brook7.3
Middlesex Water Co.
Robinson's Branch of Rahway RiverRahway River at Rahway4.2
Raritan RiverPassing flow maintained by N.J.
Water Supply Authority
New Jersey-American Water
Company
Passaic RiverPassaic River at Chatham116.0
Canoe BrookCanoe Brook near Summit2.12
Passaic River at MadisonvillePassaic River near Millington10.7
Swimming RiverSwimming River near Red Bank9.4
Jumping BrookJumping Brook near Neptune1.16
Shark RiverShark River near Neptune1.9
Newark Water Dept.Pequannock River at Macopin12.3
City of New BrunswickLawrence Brook at Westons Mill8.7
North Jersey District
Water Supply CommissionWanaque River at Wanaque15.5 n2
Ramapo River at Pompton Lakes61.9
Two BridgesPassaic River143.3
(except when Passaic Valley Water Commission is diverting at Two Bridges, in
which case passing flow will be 27.2 cfs).
Passaic Valley Water Commission
Pompton Riverat Pompton Plains92.8
Passaic Riverat Little Falls89.0
Passaic Riverat Two Bridges27.2
Rahway Water Department
Rahway Riverat Rahway7.9
Sayreville Boroughat Duhernal DamDec.-April
61.88
May-Nov.
123.78
City of Trenton
Delaware Riverat Trenton1,131.1
n1 Subject to adjustment when flows in Beaver Brook at the outlet of Split
Rock Pond are less than 1.5 cfs.
n2 Subject to reduction by the amount of flows into reservoir at Awosting
less than 4.6 cfs.
(f) Where the passing flow is not specified above, it shall be fixed by the Department based on an amount equal to the average daily flow for the driest month, as shown on existing records or in lieu thereof, 125,000 gallons for each square mile of unappropriated watershed above the point of diversion. The flows computed on the basis of 125,000 gallons per day per square mile shall be in addition to flows from any appropriated watershed above the point of diversion.

N.J. Admin. Code § 7:19-4.6

As amended, R.1984 d.335, eff. 8/6/1984.
See: 16 New Jersey Register 664(a), 16 New Jersey Register 2103(a).
(d)1iii: formula corrected.
(e): "Passing flow" was "Minimum flow"; under City of Jersey City, "To be released from Boonton Dam ..." added, 10.83 was 23.0; Elizabethtown Water Co. (Upper Cold Creek) and New Jersey Water Co. (Brass Castle Creek) deleted.
(f) "passing flow" was "minimum required flow".
Recodified from 7:19-4.7 and amended by R.1995 d.162, effective 3/20/1995.
See: 26 New Jersey Register 4912(a), 27 New Jersey Register 1265(a).