New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 19 - WATER SUPPLY ALLOCATION PERMITS
Subchapter 8 - AREAS OF CRITICAL WATER SUPPLY CONCERN
Section 7:19-8.5 - Water Supply Critical Area II
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The Department designated Water Supply Critical Area II by administrative order on January 15, 1993. Based upon a regional water supply study substantiated by United States Geological Survey monitoring and modeling, and following public notice and public hearings, the Department determined that the Potomac-Raritan-Magothy (PRM) aquifer system was depleted such that designation as an area of critical water supply concern was warranted. The boundary of the depleted zone of the critical area corresponds to the average potentiometric contour 30 feet below sea level for the PRM, as published in "Water Levels in Major Artesian Aquifers of the New Jersey Coastal Plain, 1983 U.S.G.S., WRI 86-4028." The threatened zone surrounds the depleted zone of the critical area.
(b) The Department will determine base allocations within Water Supply Critical Area II in accordance with the following:
DZ = (0.65 x D83) + (Dmax - D83)
Where DZ equals the depleted zone base allocation in millions of gallons per year (MGY); D83 is the permittee's 1983 annual withdrawal from the depleted zone of the Potomac-Raritan-Magothy (PRM) aquifer system in MGY; and Dmax is the permittee's maximum annual withdrawal in MGY from the depleted zone of the PRM aquifer system between 1983 and 1991.
(c) Where an affected industrial permittee demonstrates to the satisfaction of the Department that its withdrawals from the PRM aquifer system were less in 1991 than in any year between 1983 and 1990 due to economic conditions, the industrial permittee's base allocation shall be determined according to (b)1i and/or ii above and shall not be limited to the amount withdrawn in 1991.
(d) The area north of Rancocas Creek from its confluence with the Delaware River to the intersection of the southwest branch of the Rancocas Creek with State Route 38, then north of State Route 38 to the start of County Route 530, then north of County Route 530 to the intersection of County Route 530 with State Route 70 to the Burlington-Ocean county boundary is designated the Water Allocation Credit Receiving Area for Water Supply Critical Area II. Within this Water Allocation Credit Receiving Area, the following shall apply:
(e) The governing body of a county may establish a water allocation credit exchange. The water allocation credit exchange shall initially contain the water allocation credits determined pursuant to (d)1 above. The water allocation credits shall be considered a common resource, administered by the county in consultation with the Department. Any county governing body that establishes a water allocation credit exchange shall submit to the Department an implementation plan for review and approval.
(f) Water allocation credits become part of a permittee's base allocation once they are transferred from the water allocation credit exchange to the permittee. Transfers of water allocation credits from the credit exchange are subject to Department approval in accordance with 7:19-8.7.