N.J. Admin. Code § 7:19-9.3

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

Section 7:19-9.3 - Establishment of the water emergency surcharge schedule

(a) Once a water emergency has been declared, as provided at 58:1A-4, and at the initiation of Phase II, the Drought Coordinator shall cause to be implemented the following water surcharge schedules established for the retail cost of water:

1. During Phase II of a water emergency the normal water rate shall be charged residential users for the first 50 gallons per capita used daily. Any water used above the prescribed amount in each billing period shall be charged the normal rate plus a $ 5.00 surcharge for each additional 100 cubic feet or portion thereof (one cubic foot equals about 7.5 gallons). This rate may be increased, up to a maximum surcharge of $ 10.00 for each additional 100 cubic feet or portion thereof, at the discretion of the Drought Coordinator should Phase II continue or should desired conservation levels not be met.

2. During Phase II of a water emergency, non-residential users of water shall be charged the normal water rate plus 0.33 times the normal rate as a surcharge for all water purchased. This rate may be increased, up to a maximum of the normal rate plus 0.50 times the normal rate, at the discretion of the Drought Coordinator should Phase II continue or should desired conservation levels not be met.

3. Water surcharge schedules set forth herein may be reviewed and adjusted, after notice and public hearing, in order to fulfill the objectives of the Act and Executive Order No. 5 (1982).

4. Each purveyor shall give appropriate notice of the imposition of the surcharge schedule, as directed by the Department.

5. The Drought Coordinator may authorize the owner of any building or complex with multiple dwelling units, where the individual dwelling units lack individual water meters, to pass through the surcharge to the occupants of the individual dwelling units. The pass-through shall be pro rated in proportion to the number of bedrooms served by the water meter. No political subdivision of the State shall enact or enforce any ordinance, rule, regulation, or order which shall prevent such a pass-through. Prior to the imposition of a pass-through, the owner of any building or complex with multiple dwelling units shall comply with the following requirements, including, but not limited to:

i. An inspection for leaks and the repair of water fixtures;

ii. The installation of water conservation fixtures and devices;

iii. The dissemination of information to the building's occupants on the need for water conservation; and

iv. The submission of a report to the Drought Coordinator detailing the owner's compliance with the above requirements and setting forth the procedures to be used to insure proper collection and payment of the surcharges.

(1) The Drought Coordinator may require owners to submit updated reports and may revoke an authorization to pass-through surcharges where the owner has failed to comply with the requirements of this paragraph.

N.J. Admin. Code § 7:19-9.3

Amended by R.1990 d.164, effective 3/19/1990.
See: 22 New Jersey Register 18(a), 22 New Jersey Register 947(a).
Drought Coordinator given authority to increase water emergency surcharge rates, as specified.