N.J. Admin. Code § 7:19-13.1

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

Section 7:19-13.1 - Scope

(a) This subchapter establishes the prioritized allocation of water supplies which will be implemented by the Department with the assistance of other State and local agencies once a water emergency is declared.

(b) This subchapter also defines the "phases" which denote the severity of the water emergency and upon which the prioritized allocation of water supplies and restrictions are based. Once a water emergency is declared by the Governor, the Commissioner shall immediately determine the severity of the water emergency and order the implementation of the activities specified in the appropriate phase or phases outlined below.

(c) Reservoir levels, stream flow, water quality conditions, ground water levels, time of year and other relevant criteria will be considered in determining the phase and the proper point of transition from one phase to another, during an emergency.

(d) Prior to actual declaration of a water supply emergency by the Governor, the Department may call for action to be taken under its non-emergency powers in order to reduce the likelihood or impact of any impending emergency. Where such situations involve a relative lack of precipitation or a lower than normal storage of water supplies, the Department may identify the affected area or the State as a whole as being in a "Drought Warning" condition. The Department shall give notice of and hold a public hearing prior to implementing any of the drought warning requirements in 7:19-11.6.

(e) Where the Delaware River Basin Commission, in accordance with its rules and procedures, declares a drought emergency based upon the storage in New York City's Delaware Basin reservoirs, thereby impacting the New Jersey portion of the Delaware Basin, the Governor may also declare a water emergency in the New Jersey portion of the Basin. The Department shall coordinate with the DRBC concerning the implementation of this subchapter and the Water Emergency Surcharge Schedule, N.J.A.C. 7:19-9.

(f) In the discretion of the Department, the restrictions in this Subchapter will not apply to use or diversion of salt water, except in situations where use or diversion of such water effects utilization of fresh water.

N.J. Admin. Code § 7:19-13.1

Amended by R.1990 d.180, effective 3/19/1990.
See: 21 New Jersey Register 3594(a), 22 New Jersey Register 932(a).
Notice and hearing requirements added at (d); criteria for drought warning condition amended.
Amended by R.1995 d.162, effective 3/20/1995.
See: 26 New Jersey Register 4912(a), 27 New Jersey Register 1265(a).