N.J. Admin. Code § 7:19-8.2

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

Section 7:19-8.2 - Designation of areas of critical water supply concern

(a) The Commissioner shall, after notice and public hearing, designate as areas of critical water supply concern those areas in which the Department determines that adverse conditions exist, related to the ground or surface water, such that special measures are required to ensure the integrity and viability of the water supply source and to protect the public health, safety or welfare. The Department shall demonstrate that the designation is warranted through the use of a water supply availability study. The adverse conditions upon which the designation of an area of critical water supply concern is based shall include one or more of the following:

1. Shortage of surface water due to diversions from surface or ground water sources which leave insufficient surface water for permitted, certified, or registered diversions or for environmental protection purposes within a drainage area of at least 10 square miles;

2. Shortage of ground water due to diversions exceeding the long-term, safe or dependable yield of an aquifer in an area of at least ten square miles. The Department may demonstrate such a shortage by a verified mathematical ground water model, or if such a model is unavailable, by one or more of the following:

i. A progressive lowering of ground water to the extent that existing wells of 50 feet or more in depth are threatened by declining water levels or rendered inoperative;

ii. A reduction of the average potentiometric surface in a confined aquifer such that the 30 foot below mean sea level contour is within five miles of salt water or intersects the 250 part per million chloride isochlor; and/or

iii. A reduction of the average potentiometric surface in an unconfined or semi-confined aquifer to the zero foot contour (mean sea level) or lower, such that the contour line is either within five miles of salt water or intersects the 250 part per million chloride isochlor;

3. Aquifer pollution, such that actual pollution contaminates a substantial part of the aquifer or major sources of hazardous or toxic pollution may be reasonably anticipated to contaminate the aquifer; and/or

4. Location within the Delaware River Basin Commission ground water protection area as designated by the Commission, where it has been determined that adverse conditions exist.

(b) Each area of critical water supply concern designated pursuant to (a)1, 2 or 3 above shall consist of two zones: the depleted zone, which is the area adversely affected, and the threatened zone, which is a margin area, encompassing areas which may be adversely affected if present trends continue. The Department may establish different water use restrictions for the depleted zone and the threatened zone.

(c) Those areas designated by the Department as water supply critical areas prior to the enactment of P.L. 1993, c. 202, are deemed areas of critical water supply concern for purposes of this subchapter.

(d) Within areas of critical water supply concern designated pursuant to (a)4 above, the Department may institute controls and requirements only as mandated by interstate agreement unless the critical area is also a critical area designated pursuant to (a)1, 2 or 3 above. Such additional controls and requirements may include metering, additional reporting requirements, restriction of inter-basin diversions of water for water supply or wastewater discharge, restriction of consumptive uses and water quality testing of wells.

(e) Upon its determination to designate an area of critical water supply concern, the Department will issue an administrative order establishing the depleted zone and threatened zone boundaries for the area of critical water supply concern.

N.J. Admin. Code § 7:19-8.2

New Rule, R.1995 d.162, effective 3/20/1995.
See: 26 New Jersey Register 4912(a), 27 New Jersey Register 1265(a).