Current through Register Vol. 56, No. 6, March 18, 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.
