New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 10 - SAFE DRINKING WATER ACT
Subchapter 1 - GENERAL PROVISIONS
Section 7:10-1.3 - Definitions
The following words and terms, when used in this chapter shall have the following meanings unless the context clearly indicates otherwise. Additional definitions specifically applicable to N.J.A.C. 7:10-11, 12, and 13 are set forth at N.J.A.C. 7:10-11.4, 12.3, and 13.2, respectively.
"Action level" means the concentration of lead or copper in water specified in the National Regulations at 40 CFR 141.80(c) which determines, in some cases, the treatment requirements set forth at 40 CFR 141.81, 141.82 and 141.83 that a water system is required to complete.
"Acute violation" means an exceedance of an MCL for a contaminant, for example, fecal coliform or nitrates, that is likely to have immediate health effects.
"Additive" means any substance specifically formulated to be added to a water system during the water treatment process to achieve applicable drinking water standards.
"Administrator" means the Administrator of the United States Environmental Protection Agency or his or her authorized representative.
"Administrative authority" means the County Environmental Health Act (CEHA) certified agency or the local board of health having jurisdiction. When water systems serve county, State, and/or Federal facilities, the administrative authority shall mean the Bureau of Safe Drinking Water in the Department.
"Air gap" means, in a water distribution system, the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture or any other device and the flood level rim of the receptor.
"Annual operation fee" means the annual fee assessed to each public community water system including each holder of a permit to construct a public community water system issued pursuant to N.J.A.C. 7:10-11 and each recipient of an approval to construct a public noncommunity water system or a public nontransient noncommunity water system issued pursuant to N.J.A.C. 7:10-12.
"Annual physical connection renewal fee" means the fee assessed for the annual renewal of a physical connection permit pursuant to N.J.A.C. 7:10-10.
"ANSI" means the American National Standards Institute.
"Approved physical connection installation" means a double check valve assembly or a reduced pressure zone backflow preventer assembly which is designed, installed and tested in accordance with N.J.A.C. 7:10-10.
"Backflow prevention device" means either a double check valve assembly or a reduced pressure zone assembly used for the purpose of preventing water flow in the opposite direction of normal flow pattern.
"Bulk distribution system" means a water system that sells water wholesale in bulk quantities to public community water systems for resale to consumers.
"Bulk purchase system" means a water system that buys all of its treated water from another water system(s) and has no water source(s) of its own.
"Bypass" means a secondary pipe or conduit connected to the main pipe or conduit for the purpose of conducting water around a valve, fixture, device, pump station or treatment process.
"Certified laboratory" means a laboratory certified by the Department pursuant to the Regulations Governing Laboratory Certification and Standards of Performance, N.J.A.C. 7:18, to conduct testing for contaminants regulated under the State Act.
"Cistern" means a tank for the collection of rain water draining from a roof or roofs, which water is intended to be used for potable purposes.
"Commissioner" means the Commissioner of the Department of Environmental Protection or his or her designated representative.
"Confined aquifer" means an aquifer which contains ground water under pressure between or below relatively impermeable or significantly less permeable material so that the water surface rises above the top of the aquifer in a well which derives its water from that aquifer.
"Consolidated aquifer" means an aquifer contained within a rock formation.
"Construction material" means any building material typically used in the construction of water system facilities, including but not limited to concrete, mortar, grout, steel, ductile iron, copper, brass or zinc.
"Contaminant" means any physical, chemical, biological or radiological substance in water.
"County" means any county or agency or instrumentality of one or more thereof.
"Cross-connection" means any actual or potential connection between a public water system and a source of contamination, such as industrial process water or an irrigation system.
"Department" means the Department of Environmental Protection.
"Dependable yield" means that maintainable yield of water from a surface or ground water source(s) which is available continuously during projected future conditions, including a repetition of the most severe drought of record, without creating undesirable effects, as determined by the Department.
"Detectable disinfectant residual" means a chlorine residual of at least 0.05 mg/l (free chlorine, combined chlorine or chlorine dioxide), or a heterotrophic plate count of 500/ml or less, at the point of collection.
"Distribution system" means all pipes and conveyances from a well or water treatment plant, including storage facilities.
"Double check valve assembly" means a backflow prevention device consisting of two independently acting soft-seated check valves, internally force loaded to a normally closed position between two tightly closing shut-off valves, and with means of testing for tightness. A double check valve assembly includes a double check valve detector assembly for the purposes of this chapter.
"Dug well" means a water table well that is excavated by means of picks, shovels, or similar hand-tools.
"Entry point" means a point in the distribution system where treated water from a treatment plant enters into the distribution system.
"Facility with cross-connection hazards" means a facility that is served by a public community water system and that contains a chemical substance or solution, uses a chemical, physical or biological process, or uses water in a manner that might contaminate the public community water system by way of a cross-connection. Examples of such facilities are listed in Appendix A and incorporated herein by reference.
"Federal Act" means the Safe Drinking Water Act, P.L. 93-523, 42 U.S.C. §§ 300f et seq., as amended.
"Federal agency" means any department, agency or instrumentality of the United States.
"Filtration avoidance criteria" means criteria specified in the National Primary Drinking Water Regulations, 40 CFR 141.71, establishing specific requirements for source water quality conditions and site-specific conditions for a public water system to avoid filtering its surface water source or its ground water source under the direct influence of surface water.
"First offense" means a violation for which there is no prior similar violation.
"Ground water" means the portion of water beneath the land surface that is within the saturated zone, in which all the subsurface voids in the rock or soil are filled with water.
"Initial physical connection permit fee" means the fee assessed for an initial physical connection permit pursuant to N.J.A.C. 7:10-10.
"Interconnection" means a water supply connection with another water system or systems.
"Licensed operator" has the same meaning as the definition of the term in the Licensing of Water Supply and Wastewater Treatment System Operators rules at N.J.A.C. 7:10A-1.2.
"Low risk formation" means:
1. An aquifer which the Department determines to be confined by an overlying layer or bed of distinctly lower permeability, based upon an acceptable pump test report, or on published reports and/or technical memoranda of the New Jersey Geological Survey or published reports of the U.S. Geological Survey; or
2. An unconsolidated geologic formation, in which the raw water source is a well screened at a depth of at least 200 feet.
"Maximum contaminant level" or "MCL" means the maximum permissible level of a contaminant in water measured at the point of entry to the distribution system or at the free-flowing outlet of the ultimate user of a public water system or other water system to which State primary drinking water regulations apply. Any contaminant added to the water under circumstances controlled by the user, except a contaminant resulting from corrosion of piping and plumbing caused by water quality, is excluded from this definition.
"MCL violation" means exceedance of an MCL for any contaminant regulated under N.J.A.C. 7:10-5, where such exceedance has been determined by specific procedures as established under the National Regulations.
"Method detection limit" or "MDL" means the minimum concentration of a contaminant, determined pursuant to 40 CFR 136 (Appendix B) or N.J.A.C. 7:18, that can be measured and reported with 99 percent confidence as an analytical result greater than zero.
"MGD" means million gallons per day.
"Municipality" means any city, town, township, borough or village or any agency or instrumentality of one or more thereof.
"National primary drinking water regulations" or "National Regulations" means the current primary drinking water regulations promulgated at 40 CFR Part 141 by the Administrator pursuant to the Federal Act, as such regulations are amended or supplemented from time to time.
"Nonpublic water system" means a water system that is not a public water system. A nonpublic water system includes any water system providing potable water to individual dwellings, and any water system regularly serving fewer than 15 service connections and fewer than 25 individuals.
"NSF" means National Sanitation Foundation International, Ann Arbor, Michigan.
"Permit application review fee" means the application fee assessed for a permit to construct a public community water system in accordance with N.J.A.C. 7:10-11.
"Person" means any individual, corporation, company, firm, association, joint stock company, partnership, consortium, joint venture, commercial or any other legal entity, municipality, State agency or Federal agency.
"Physical connection" means a connection between a public community water system and any unapproved water supply.
"Physical connection permit" means the permit issued pursuant to N.J.A.C. 7:10-10.
"Population served" means the population determined during the Department's most recent inspection and/or sanitary survey conducted pursuant to 7:10-1.4.
"Potable water" means any water used, or intended to be used, for drinking and culinary purposes which is free from impurities in amounts sufficient to cause disease or harmful physiological effects, with the bacteriological and chemical quality conforming to applicable standards.
"Primary drinking water regulation" means a regulation which:
1. Applies at a minimum to public water systems;
2. Specifies contaminants which, in the judgment of the Department, may have adverse effect on the health of persons;
3. Specifies for each such contaminant either a maximum contaminant level if, in the judgment of the Department, it is economically and technologically feasible to ascertain the level of such contaminant in water in public water systems, or if, in the judgment of the Department, it is not economically and technologically feasible to ascertain the level of such contaminant, each treatment technique known to the Department which leads to a reduction in the level of such contaminant sufficient to satisfy the requirements of Section 4 of the State Act; and
4. Contains criteria and procedures to assure a supply of drinking water which dependably complies with such maximum contaminant levels, including quality control, sampling frequencies, and testing procedures to insure compliance with such levels and to insure proper operation and maintenance of the system, and requirements as to the minimum quality of water which may be taken into the system, and siting for new facilities for public water systems.
"Prior similar violation" means, for any given violation, a previous violation that:
1. Is within the same category of violation listed in 7:10-3.6(d) 1, (d)2 or (d)3;
2. Has been cited by the Department in an administrative order and/or notice of civil administrative penalty assessment issued to the violator; and
3. Was not corrected within the amount of time stated in the administrative order and/or notice of civil administrative penalty assessment.
"Professional engineer" has the same meaning as the definition of the term in the State Board of Professional Engineers and Land Surveyors rules at N.J.A.C. 13:40-1.3.
"Project construction cost" means the total estimated cost of construction contained in the engineer's report submitted as part of the application for a permit to construct a public community water system under N.J.A.C. 7:10-11, excluding engineering, legal fees, financial fees and land acquisition costs.
"Public community water system" means a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.
"Public noncommunity water system" means a public water system that is not a public community water system and is either a "public nontransient noncommunity water system" or a "public transient noncommunity water system" as defined in this section.
"Public nontransient noncommunity water system" means a public water system that is not a public community water system and that regularly serves at least 25 of the same persons for more than six months in any given calendar year.
"Public transient noncommunity water system" means a public water system that is not a public community or a public nontransient noncommunity water system and that serves at least 25 transient individuals for at least 60 days in any given calendar year.
"Public water system" means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily for at least 60 days out of the year. Such term includes any collection, treatment, storage and distribution facilities under control of the operator of such system and used primarily in connection with such system, and any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. A public water system is either a "public community water system" or a "public noncommunity water system" as defined in this section.
"Pump installer" has the same meaning as the definition of the term in the Well Construction and Maintenance; Sealing of Abandoned Wells rules at N.J.A.C. 7:9D-1.5.
"Raw water" means untreated ground or surface water.
"Reduced pressure zone backflow preventer assembly" means a backflow prevention device which consists of two independently acting soft-seated check valves, internally force loaded to a normally closed position and separated by an intermediate chamber (or zone) in which there is an automatic relief port, which vents to atmosphere, internally loaded to a normally open position between two tightly closing shut-off valves, and which has means for testing the tightness of the check valves and opening of the relief port. A reduced pressure zone backflow preventer assembly includes a reduced pressure zone detector assembly for the purposes of this chapter.
"Safe Drinking Water Program" means the regulatory activities conducted by the Department to carry out the provisions and purposes of the State Act and portions of the Water Supply Management Act, 58:1A-1 et seq., addressing the provisions of adequate storage, emergency plans, and reducing the amount of unaccounted for water. The program also carries out regulatory activities of 58:11-9.1 et seq. controlling the interconnections between public community water systems and unapproved water systems, and establishes standards for construction and procedures for certifications pursuant to the Reality Improvement, Sewerage and Facilities Act, 58:11-23 et seq.
"Sanitary survey" means an on-site review by an authorized representative of the Department of the source(s), facilities, equipment, operation and maintenance of a public or nonpublic water system for the purpose of evaluating the adequacy of the source(s), facilities, equipment, operation and maintenance for producing and distributing safe drinking water with adequate pressure and volume.
"Seasonal water system" means a public noncommunity water system that is not operated as a public water system on a year-round basis and starts up and shuts down in its entirety or in part at the beginning and end of each operating season.
"Second offense" means a violation for which there is only one prior similar violation.
"Secondary drinking water regulation" means a regulation applying to one or more water systems, and which specifies the recommended upper limits or optimum ranges of contaminants that are necessary to protect the public welfare. A secondary drinking water regulation may apply to any contaminant in drinking water which may adversely affect the taste, odor, or appearance of such water or which may otherwise adversely affect the public welfare.
"Spring" means a natural surface feature where ground water issues from the rock or soil onto the land or into a body of water.
"State Act" means the New Jersey Safe Drinking Water Act, 58:12A-1 et seq., as amended.
"State-regulated contaminant" means a contaminant for which the Department has set MCL and monitoring requirements, independent of the National Regulations, as mandated by the State Act.
"Supplier of water" means any person who owns or operates a public water system.
"Surface water" means water at or above the land's surface, which is neither ground water nor contained within the unsaturated zone, including, but not limited to, the ocean and its tributaries, all springs, streams, rivers, lakes, ponds, wetlands and artificial waterbodies.
"Third or subsequent offense" means a violation for which there are at least two prior similar violations.
"Unapproved water supply" means any source of water which is not part of a public community water system.
"Unconfined aquifer" means an aquifer that is either exposed to atmospheric pressure or bounded by layers of materials which do not serve as an effective barrier to water migration.
"Water system" means a system for providing potable water to any person.
"Well driller" has the same meaning as the definition of the term in the Well Construction and Maintenance; Sealing of Abandoned Wells rules at N.J.A.C. 7:9D-1.5.
