N.J. Admin. Code § 7:19-7.3

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

Section 7:19-7.3 - Procedures for contract approval

(a) The applicant for approval of a contract shall be the party which is selling water.

(b) The applicant shall contact the Department in accordance with 7:19-1.7 to obtain application forms and other instructions necessary to file a complete application for contract approval. A complete application shall include:

1. A copy of the draft contract in final form or the executed contract in the case of existing contracts;

2. A copy of the completed contract review application form. This form is included in the 1993 Technical Manual for Water Allocation Permits prepared by and available from the Department in accordance with P.L. 1991, c. 422 ( 13:1D-111 et seq.), as updated or revised.

3. A Water Conservation and Drought Management Plan, for each party to the contract, in accordance with 7:19-6.5(a)3, if such plan was not previously filed with the Department.

(c) For new contracts, the contract and application forms shall be filed, by the party selling the water, at least two months prior to executing the contract.

(d) For any contract which is in force as of March 20, 1995 and which has not been approved by the Department pursuant to this subchapter, the party selling water pursuant to the contract shall immediately file an application and a copy of the fully executed contract with the Department.

(e) The Department, within 20 days of receipt of a complete application for contract approval will:

1. Review the application;

2. Determine whether the applicant has sufficient safe yield and adequate allocation to supply the buyer; and

3. Develop preliminary findings on the potential for the contract to be approved.

(f) The Department will provide a written copy of the preliminary findings to the applicant. The applicant shall review the preliminary findings, verify the information on existing contractual obligations and demands, and submit written comments to the Department within 20 working days from receipt of the Department's preliminary findings.

(g) Within 14 working days of receipt of the applicant's written comments on the Department's preliminary findings the Department will:

1. If the Department determines, pursuant to (e) and (f) above, that an applicant does not have sufficient safe yield and/or allocation to meet its system demands and all contractual obligations, or that the contract is not in accordance with a Department-approved regional plan developed pursuant to 58:1A-13, issue a contract denial letter to the applicant.

2. If the applicant and/or the party buying water have not filed and received approval of a Water Conservation and Drought Management Plan pursuant to (b)3 above, issue a contract denial letter to the applicant.

N.J. Admin. Code § 7:19-7.3

New Rule R.1990 d.180, effective 3/19/1990.
See: 21 New Jersey Register 3594(a), 22 New Jersey Register 932(a).
Amended by R.1995 d.162, effective 3/20/1995.
See: 26 New Jersey Register 4912(a), 27 New Jersey Register 1265(a).