New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 11 - NEW JERSEY WATER SUPPLY AUTHORITY
Subchapter 4 - SCHEDULE OF RATES, CHARGES AND DEBT SERVICE ASSESSMENTS FOR THE SALE OF WATER FROM THE MANASQUAN RESERVOIR WATER SUPPLY SYSTEM
Section 7:11-4.2 - Definitions

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.

"Annual overdraft rate" means the rate for annual overdraft service.

"Annual overdraft service" means the average daily supply of water from the Manasquan Reservoir System diverted during any calendar year, to the extent and from time to time available, in excess of aggregate uninterruptible service, for certain seasonal, non-emergent, interim, interruptible, non-guaranteed uses.

"Authority" means the New Jersey Water Supply Authority established pursuant to 58:1B-1 et seq.

"Daily overdraft rate" means the rate for daily overdraft service.

"Daily overdraft service" means the daily supply of water from the Manasquan Reservoir System to the extent available, in excess of aggregate uninterruptible service or diversions established in an optional water use schedule for certain seasonal, non-emergent, interim, interruptible, non-guaranteed uses.

"Delayed water purchase contract" means a water purchase contract entered into for uninterruptible service, commencing subsequent to the initial operation date of the Manasquan Reservoir System.

"Delayed water purchase surcharge" means any amount by which the debt service cost component of payments to be made under any delayed water purchase contract for uninterruptible service exceeds the debt service cost component payable by initial water purchasers.

"Force Majeure" means acts of God, strikes, lockouts or other industrial disturbances, orders of the Government of the United States or the State or any agency or instrumentality thereof or of any civil or military authority, acts of terrorism, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, explosions, breakage or accidents to machinery, pipelines, dams or canals, partial or entire failure of water supply, arrests, civil disturbances, acts of any public enemy, and any other causes not reasonably within the control of the party claiming inability to timely comply with its obligations.

"Initial water purchase contract" means a water purchase contract providing for uninterruptible service commencing on the initial operation date of the Manasquan Reservoir System.

"Manasquan Reservoir Intake Facility" means the location on the Manasquan River at Hospital Road in the Township of Wall, County of Monmouth, where water is diverted by the Authority from the Manasquan River to supply purchasers or for pumping to the Manasquan Reservoir System for storage.

"Manasquan Reservoir System" means the water supply system constructed by the Authority in Monmouth County, the major components of which are a 770-acre, four-billion gallon reservoir facility in Howell Township, a raw water intake facility and reservoir pump station located adjacent to the Manasquan River in Wall Township, and an approximate 5.25-mile transmission pipeline connecting the reservoir and the intake facility, together with all component plants, structures and other real or personal property, and additions and improvements thereto.

"Optional water use schedule" means a schedule submitted by a purchaser and approved by the Authority, when the total diversions of all Authority uninterruptible service contracts are equal to or less than 25 million gallons per day (mgd), setting forth a purchaser's anticipated Manasquan Reservoir System diversions during a calendar year wherein purchaser may schedule 120 percent of its total contractual monthly uninterruptible service determined by the product of purchaser's contractual daily uninterruptible service in mgd times the number of days in the calendar month, provided no less than 80 percent of the total amount is to be diverted in any month during the calendar year, the total diversions in any 24-hour period when this option is exercised do not exceed 120 percent of purchaser's daily uninterruptible supply, and the total amount of water diverted in any calendar year does not exceed the product of the uninterruptible contract amount in mgd times the number of days in the calendar year. The schedule shall contain other provisions as required by the Authority to ensure the responsible and equitable management of the Manasquan Reservoir System supplies.

"Point of delivery" means the location where the Manasquan Reservoir System's delivery equipment interconnects with the purchaser's interconnection system.

"Purchaser" means the party who contracts with the Authority to purchase water from the Manasquan Reservoir System.

"Purchaser interconnection system" means the buildings, structures, piping, valves, meters and other control apparatus and equipment, located on properties or facilities owned by the Authority, installed by or on behalf of, and owned by, the purchaser to connect purchasers' water supply system with the Manasquan Reservoir System.

"Short-term service" means the supply of Manasquan Reservoir System water for certain interim interruptible, non-guaranteed or short-term uses, such as growing agricultural or horticultural products, meeting extraordinary requirements in consumer demand for potable or industrial water as a result of transfers arising from a declaration of drought by the Department or Monmouth County, meeting non-seasonal extraordinary requirements in consumer demand for potable or industrial water or emergent maintenance or temporary failure of a critical component of a system water user's infrastructure provided on a non-guaranteed or interruptible basis.

"Standby service" means the supply of Manasquan Reservoir System water for certain occasional uses, such as fire protection or other emergencies, natural or otherwise.

"Uninterruptible service" means the supply of Manasquan Reservoir System water which the purchaser is authorized to continuously withdraw without interruption, for public water supply purposes.