N.J. Admin. Code § 7:19-2.14

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:19-2.14 - Permit conditions

(a) Each permit shall contain specific and general conditions including, but not limited to, the following:

1. The term of the permit. The maximum term of a permit shall not exceed 10 years;

2. The maximum allowable diversion, expressed in terms of a daily, monthly and/or annual allocation;

3. That the monthly diversion amount be reported on a quarterly basis on forms provided by the Department. The quarters shall end on March 31, June 30, September 30, and December 31. The reports shall be submitted within 30 days after the close of the quarter.

4. That all diversion sources be equipped with totalizing flow meters which shall be calibrated at least every five years with the following exceptions:

i. Sources whose sole use is to supply water for purposes of fire protection;

ii. Sand and gravel operations using water for media transport; and

iii. Sources for which the permittee demonstrates that the installation of a totalizing flow meter is impractical or unreasonable;

5. Any permittee with a diversion source that meets the requirements of (a)4i, ii or iii above may estimate the diversion quantity using an accurate and reasonable method approved by the Department. The permittee shall verify the method for accuracy every five years;

6. Passing flow requirements for surface water sources or ground water sources that influence surface water sources;

7. That the static water levels for ground water sources be determined and reported on the quarterly diversion report pursuant to (a)3 above;

8. Allow the transfer of a permit, with the consent of the Department, but only for the identical use of the waters by the transferee;

9. That, in areas of potential for salt water intrusion, a raw water sample be tested for chloride and/or sodium concentration and the result be reported on the quarterly diversion report pursuant to (a)3 above;

10. That the permittee adopt and implement, to the satisfaction of the Department, a Water Conservation and Drought Management Plan. A Water Conservation and Drought Management Plan status report on all measures that have been implemented shall be submitted by the date specified in the permit. Any permittee not required to submit such a plan pursuant to N.J.A.C. 7:19-2.2(i) is exempt from this requirement;

11. That the permittee is responsible for mitigating adverse impacts on ground or surface waters or the users thereof caused as a direct result of their diversion;

12. That the Department may modify or revoke the permit, after notice and after hearing, if requested, for violations of permit conditions, rules adopted or orders issued by the Department, and when deemed necessary for the public interest;

13. That, if the water diverted is used for non-potable purposes, the permittee investigate the feasibility of water reuse;

14. That the water diverted be used for approved purposes;

15. That, if the authorized diversion privileges are not currently diverted subject to contract, or reasonably required for a demonstrated future need, they shall revert back to the State upon renewal or modification of the permit;

16. That, where a diversion may exceed the natural replenishment, the permittee may be required to install a monitoring well to document the impacts of the diversion upon the aquifer; and

17. That the Department may require a hydrogeologic test if the new diversion causes impacts which contradict the hydrogeologic information submitted with the permit application.

(b) The permittee shall allow the Department and/or its designated representative to:

1. Enter and inspect any site, building or equipment, or any portion thereof, owned or operated by the permittee, at any time, in order to ascertain compliance or non-compliance with N.J.S.A. 58:1A-1 et seq., 58:4A-4.1 et seq., 58:12A-1 et seq., these rules, or any other agreement or order issued or entered into pursuant thereto. Such right shall include, but not be limited to, the right to require the testing of any equipment at the facility, to sketch or photograph any portion of the site, building or equipment, to copy or photograph any document or records necessary to determine such compliance or non-compliance, and to interview any employees or representatives of the owner, operator or applicant. Such right shall be absolute and shall not be conditioned upon any action by the Department, except the presentation of appropriate credentials as requested and compliance with appropriate standard safety procedures.

2. The permittee, and any employees or representatives thereof, shall assist and shall not hinder or delay the Department and/or its designated representative in the performance of all aspects of any inspection. This assistance includes allowing the Department and/or its designated representative to accompany the permittee while performing any regulated activity at a particular building or property for the purpose of inspection of those activities. During such inspection by the Department and/or its designated representative, the permittee shall operate equipment under normal routine operating conditions or under such other conditions as may be requested by the Department. The permittee shall, upon request, make available such sampling and measurement equipment to the Department as needed for the purpose of making comparative measurements.

(c) The permittee shall protect each diversion source from vandalism, tampering, and contamination at all times. Department approved protection methods include:

1. Locked well/pump house;

2. Location within a locked, secure fenced area;

3. A locked, secure hatch or cover; and/or

4. 24 hour security at the diversion.

N.J. Admin. Code § 7:19-2.14

New Rule R.1990 d.180, effective 3/19/1990.
See: 21 New Jersey Register 3594(a), 22 New Jersey Register 932(a).
Recodified from 7:19-2.16 and amended by R.1995 d.162, effective 3/20/1995.
See: 26 New Jersey Register 4912(a), 27 New Jersey Register 1265(a).