Current through Register Vol. 56, No. 18, September 16, 2024
(a) An applicant for a
water supply allocation permit or a major modification of a water supply allocation
permit shall contact the Department in accordance with
7:19-1.9 to obtain current application
forms and other instructions and information necessary to file a complete
application.
(b) The applicant shall
follow all the instructions, complete the application forms, obtain and prepare all
other documents required by the instructions, and submit the completed application,
other required information, and any applicable fees required pursuant to N.J.A.C.
7:19-3 to the Department.
(c) The
applicant for the diversion of ground water shall provide a discussion of the
geology, hydrogeology, and the expected impacts of the diversion both on the
resource and on other users of that resource. An applicant whose application
includes a new well, an increase in diversion capacity, and/or an increase in
monthly or yearly allocation shall conduct a hydrogeologic test in accordance with
New Jersey Geological Survey Geological Survey Report GSR 29, Guidelines for
Preparing Hydrogeological Reports for Water-Allocation Permit Applications, with an
Appendix on Aquifer-Test Analysis Procedures (GSR 29). These guidelines can be
obtained by contacting the Department in accordance with N.J.A.C. 7:19-1.9. The
Department shall waive this requirement if sufficient recent hydrogeologic
information is obtained by the applicant to allow a comprehensive hydrological
evaluation of the impacts of the proposed diversion in accordance with
7:19-2.2(d)5. In either
case, a final hydrogeologic report completed in accordance with GSR 29 is required
to be submitted with the application.
(d) The applicant for the diversion of surface
water shall provide information on the watershed, including:
1. Size of drainage area to the diversion
point;
2. Stream water quality
classification;
3. Stream flow records,
including flow duration curves and hydrographs. If there are no stream flow records
the applicant shall contact the Department in accordance with
7:19-1.9 to determine the procedures to
be followed for obtaining stream flow records for a similar stream and adapting
those records for use;
4. Upstream and
downstream diversions, and discharges including the volumes and locations thereof,
and any information necessary for the applicant to determine impacts; and
5. A comprehensive hydrological evaluation of the
proposed diversion and a discussion of the expected impacts of the proposed
diversion both on the water resource and on upstream and downstream diversions and
discharges.
(e) The applicant
for the diversion of water shall provide a list of the following items, along with a
United States Geological Survey topographical quadrangle map with the locations of
the items identified thereon:
1. All permitted or
certified diversions within a one mile radius, when diversions from a water table
aquifer or a pond fed primarily by ground water are proposed;
2. All permitted and certified diversions within a
five mile radius when a diversion from a confined or semi-confined aquifer is
proposed;
3. The proposed withdrawal
site, including latitude and longitude;
4. All water supply wells not listed pursuant to
(e)1 and 2 above within the zone of influence of the proposed diversion
source;
5. All landfills and ground
water contamination sites within twice the estimated zone of influence of the
proposed diversion up to one mile; and
6. Delineated freshwater wetlands within the zone
of influence for proposed diversions from a water table aquifer.
(f) An applicant for a permit shall
provide all information which may establish:
1.
That the proposed diversion is in the public interest;
2. That the diversion shall not exceed the natural
replenishment or safe yield of the water resources or threaten to exhaust such
waters or to render them unfit for use;
3. That the plans for the proposed diversion are
just and equitable to the other water users affected thereby, and that the
withdrawal does not adversely affect other existing withdrawals, either ground or
surface;
4. That, in the case of a
ground water diversion, the proposed diversion will not cause an increase in saline
intrusion that renders the water resource unfit for use; will not spread ground
water contamination; and will not interfere with any ground water remediation plan
or activity;
5. If permit application is
made for a period longer than that listed in
7:19-2.14(a)1, reasons
why a permit of such duration is required by economic considerations, including, for
example, necessity of amortizing a new investment over an extended period of time,
and the public interest; and
6. That any
structures required for a proposed diversion are not located within a
State-designated freshwater wetland or transition area. If this is not shown by
submission of a map showing those wetlands or a written statement which identifies
those wetland areas, the applicant shall comply with
13:9-1 et seq. and N.J.A.C.
7:7A.
(g) The applicant shall
submit any other information which substantiates the need for the proposed
allocation and supports the designated choice of water resource for the allocation.
For diversions for nonpotable purposes the applicant shall analyze the availability
and utilization of lower quality water and provide documentation that the diversion
is of the lowest acceptable quality water considering the intended use.
(h) If the applicant fails to establish any of the
items required pursuant to (f) and (g) above, or if the Department determines that a
more viable alternative source of water is available, or if the proposed diversion
is not in accordance with the New Jersey Statewide Water Supply Plan, the Department
will deny the application.
(i) The
applicant shall submit a Water Conservation and Drought Management Plan on forms
provided by the Department, unless the diversion for which the applicant seeks a
permit will be used for one of the following activities:
1. Ground water remediation;
2. Sand and gravel mining; or
3. Water which is returned to its source without a
substantial diminution in quantity.
(j) The applicant shall submit a summary sheet
which identifies all contracts which have been entered into for the bulk sale or
purchase of water in accordance with
7:19-7.3.
(k) The applicant for a water supply allocation
permit shall, upon submission of an initial, renewal or modification application,
sign the following certifications on the application forms:
1. "I certify under penalty of law that the
information provided in this document is true, accurate and complete. I am aware
that there are significant civil and criminal penalties for submitting false,
inaccurate or incomplete information, including fines and or imprisonment." This
certification shall be signed by the highest ranking individual at the facility with
overall responsibility for that facility.
2. "I certify under penalty of law that I have
personally examined and am familiar with the information submitted in this
application and all attached documents, and that based on my inquiry of those
individuals immediately responsible for obtaining the information, I believe that
the submitted information is true, accurate and complete. I am aware that there are
significant civil and criminal penalties for submitting false, inaccurate or
incomplete information, including the possibility of fine and/or imprisonment." This
certification shall be signed as follows:
i. For a
corporation, by a principal executive officer of at least the level of vice
president;
ii. For a partnership or sole
proprietorship, by a general partner or the proprietor, respectively; or
iii. For a municipality, State, Federal or other
public agency, by either the principal executive officer or ranking elected
official.
3. Where the
highest ranking corporate, partnership, or governmental officer or official at the
facility required to certify pursuant to (k)1 above is the same person as the
official required to certify pursuant to (k)2, only the certification in (k)1 shall
be made. In all other cases, the certifications required pursuant to both (k)1 and 2
shall be made.
(l) The applicant shall submit
evidence that the flow meters on all existing diversion sources have been calibrated
to within five percent accuracy in the five years prior to the date of application,
unless exempted under
7:19-2.14(a)4.
