N.J. Admin. Code § 7:19-6.3

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

Section 7:19-6.3 - Determination of safe or dependable yield

(a) Each purveyor shall either accept an estimate of safe yield from surface supplies or of dependable yield of subsurface sources previously made by the Department or submit its own evaluation and estimate for the approval of the Department within one year after a written request for such an estimate by the Department.

(b) A purveyor is required to provide a safe or dependable yield of water from its own sources, which, when added to water supplies available by contract and after subtraction of water obliged to be delivered by the purveyor by contract, shall be sufficient to provide for the normal demand of its own customers.

1. A progressive reduction in the potentiometric surface of an aquifer will be considered presumptive evidence that dependable yield of a subsurface source is less than current withdrawals, subject to acceptable evidence to the contrary.

2. Water supplies available by contract may be relied upon only if the contract is not subject to cancellation or suspension and the safe or dependable yield of the source of supply is not exceeded. Water obtainable through interconnections shall not be included unless reliable delivery is assured by contract.

3. All contracts relied upon to meet the requirement of this subsection (b) shall be subject to review and approval by the Department, in accordance with N.J.A.C. 7:19-7, to determine their compliance with the rules in this Chapter and the Act.

4. Increased safe yield or dependable yield of individual water supply systems may be allowed, to take advantage of system diversity and interconnections, but only in conformance with regional arrangements approved by the Department, under which coordinated systems of operation will assure system-safe yields greater than that which could be provided by the individual water systems.

(c) If a determination of yield in accordance with (a) above shows that a purveyor has insufficient capacity to meet the normal demands of its customers, the purveyor shall revise existing contract arrangements to reduce system demands, as necessary, or shall immediately obtain additional water supply to increase its safe or dependable yield.

(d) If the purveyor does not comply with (c) above, the Department may order a ban on further extensions of service to new customers or expansions of service to existing customers, or the Department may order the acquisition of additional water supply capability, or both. The Department will allow reasonable time for acquisition of additional water supply.

N.J. Admin. Code § 7:19-6.3

Amended by R.1995 d.162, effective 3/20/1995.
See: 26 New Jersey Register 4912(a), 27 New Jersey Register 1265(a).