New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 20A - AGRICULTURAL, AQUACULTURAL, AND HORTICULTURAL WATER USAGE CERTIFICATION
Subchapter 1 - GENERAL PROVISIONS
Section 7:20A-1.5 - Uncertified diversions

Universal Citation: NJ Admin Code 7:20A-1.5

Current through Register Vol. 56, No. 18, September 16, 2024

(a) No person shall divert or have the capability to divert water either from a single diversion source or from combined diversion sources at a rate in excess of 100,000 gallons of water per day without either obtaining a water usage certification or water usage registration in accordance with this chapter, or obtaining a Water Supply Allocation Permit or a Temporary Dewatering Permit, a Water Use Registration, or complying with the requirements for a Short Term Water Use Permit-by-Rule or Dewatering Permit-by-Rule in accordance with N.J.A.C. 7:19.

(b) Any person who intends to divert 100,000 or more gallons of water per day for agricultural, aquacultural, or horticultural purposes shall apply for a water usage certification by following the application procedures set forth in N.J.A.C. 7:20A-2.

(c) Any person who intends to divert less than 100,000 gallons of water per day for agricultural, aquacultural, or horticultural purposes, but who has the capability to divert 100,000 gallons of water per day or more, shall register the diversion source in accordance with the procedures set forth in N.J.A.C. 7:20A-3.

(d) Any certification holder who, because of a water supply shortage and/or water quality emergency, seeks to divert water from a diversion source for which the certification holder does not have diversion privileges under a certification issued pursuant to this chapter, shall obtain from the appropriate county agricultural agent written verification of the water supply shortage and/or water quality emergency, and shall submit the verification with a written request for authorization for the uncertified diversion to the Department at: Bureau Chief, Bureau of Water Allocation, P.O. Box 426, Trenton, New Jersey 08625-0426. The certification holder shall be eligible for authorization for the uncertified diversion only if the following requirements are met:

1. The certification holder applies for a modification of their certification under 7:20A-2.2 within 30 calendar days of the initiation of the uncertified diversion authorized under this subsection;

2. The certification holder uses the uncertified diversion authorized under this subsection only on a last on, first off basis until the certification modification required under (d)1 above is approved; and

3. The uncertified diversion is not from a water supply critical aquifer or from a point on a stream that is upstream of a public water supply intake or discharge regulated under the Water Pollution Control Act, 58:10A-1 et seq., and the implementing rules at N.J.A.C. 7:14A.

(e) Pursuant to 58:1A-6(a)(1), any person who holds a Water Policy and Supply Council permit that was valid prior to August 13, 1981, but who did not re-establish that privilege to divert water by February 9, 1982, shall apply for a water usage certification under these rules.

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