New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 20A - AGRICULTURAL, AQUACULTURAL, AND HORTICULTURAL WATER USAGE CERTIFICATION
Subchapter 2 - WATER USAGE CERTIFICATION PROCEDURE
Section 7:20A-2.3 - General application procedures and requirements

Universal Citation: NJ Admin Code 7:20A-2.3

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

(a) The Department will provide the current application forms required for water usage certification to all county agricultural agents.

(b) An applicant for a water usage certification to renew or establish a privilege to divert 100,000 or more gallons of water per day for agricultural, aquacultural or horticultural purposes, or for a major modification of the certification shall contact the appropriate county agricultural agent to obtain application forms and other instructions needed to file a complete application.

(c) The applicant shall follow all the instructions to complete the application forms, and shall obtain and prepare all other documents, including a copy of a map produced in accordance with (e) below with the farm management unit clearly delineated, as required by the instructions.

(d) If one or more existing or proposed diversion sources are located within the Delaware River Basin, the applicant or the county agricultural agent shall also:

1. Submit, at the time the water usage certification application is submitted to the Department, a copy of the application to the Delaware River Basin Commission (DRBC), P.O. Box 7360, West Trenton, New Jersey, 08628-0360; and

2. Provide a copy of the application cover letter sent to DRBC in accordance with (d)1 above, or other proof of filing with the DRBC, to the Department.

(e) The location of each water diversion source as required shall be identified on:

1. A map produced from the Department's internet mapping tool (i-Map) available on the Department's website at www.nj.gov/dep/gis. The map must be produced at a scale whereby streets and key features are clearly visible.

2. Diversion source locations shall be determined using the Global Positioning System (GPS), the Department's internet mapping tool (i-Map), a New Jersey licensed land surveyor, or other method meeting the Department standards at N.J.A.C. 7:1D, as set forth at N.J.A.C. 7:1D Appendix A, with source locations reported in New Jersey State plane coordinates. The location shall be taken at the well head or intake opening, or if the location cannot be collected at one of those locations, at another location on the subject property, as close as possible to the well head or intake opening.

3. The applicant and/or water usage certification holder is responsible for the accuracy of all source locations identified in the application. Failure to provide accurate source locations may be grounds for revocation of the certification and/or enforcement action by the Department.

(f) The applicant for a water usage certification shall provide information to demonstrate the water to be diverted is the lowest quality water that is appropriate for the intended use.

1. For non-edible crops or other non-edible agricultural, aquacultural, or horticultural products, and where determined to be feasible by the Department, the Department may require the use of reclaimed water for beneficial reuse for irrigation or other purposes.

(g) All applications shall be signed by the applicant if an individual, or a duly authorized representative of the applicant if the applicant is an entity other than an individual. If the applicant is not an individual, a notarized copy of the document authorizing the representative to sign for the applicant shall be attached to the application.

1. The applicant, upon submission of an application to the county agricultural agent for renewal, modification or new certification or registration, shall sign and date the following certification on the application form:
i. "To the best of my knowledge, the information submitted in this application is true, accurate and complete. I am aware that there are significant civil and criminal penalties for knowingly submitting false, inaccurate or incomplete information, including the possibility of fines and/or loss of the privileges granted under the water usage certification."

(h) The applicant shall complete the application forms and other required documents in accordance with 7:20A-2.3 and 2.4 or 2.5 as appropriate, and submit the completed application forms and other required documents to the appropriate county agricultural agent.

(i) The county agricultural agent shall submit the complete application to the Department for review and processing.

(j) After review, the Department shall approve, in consultation with the county agricultural agent, the water usage certification application and issue the water usage certification with conditions, deny the application, or return the application to the county agricultural agent for additional consultation with the applicant.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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