Administrative Order 2002-21
This
Administrative Order supersedes previously enacted Administrative
Orders 2002-18 and 2002-20.
Due
to the continued lack of precipitation and persistently high
temperatures, water conservation efforts by citizens, businesses,
municipalities, and counties have proven insufficient and water
supply demands have continued to rise dramatically. Similarly,
ground water and stream flows throughout the State have reached
or are approaching record low levels. Consequently, there is
a demonstrated need for further action to manage dwindling water
supplies in an effort to avert a more serious water shortage.
Therefore,
I, Bradley M. Campbell, Commissioner of the New Jersey Department
of Environmental Protection (Department), pursuant to the authority
vested in me by the Water Supply Management Act, N.J.S.A. 58:1A-1
et seq., its implementing rules at N.J.A.C. 7:19, and Executive
Order No. 11, hereby order a revision of the mandatory water
use restrictions, and authorize certain uses and discharges
of treated wastewater, as set forth below. I have determined
this Order to be necessary to ensure an adequate water supply
to the State, to alleviate the water emergency and to be in
the public interest.
As
described in Executive
Order No. 11, New Jersey is divided into six Drought Regions
based upon watershed location and other conditions relevant
to water supply. The boundaries of these Drought Regions and
the municipalities included within each region can be viewed
on the DEP drought web page at www.njdrought.org.
All
restrictions in this Order apply uniformly Statewide.
I
hereby order the following:
SECTION I. Statewide Water Use Restrictions
The following restrictions and authorizations apply in
all six Drought Regions:
- All water use authorized under this Administrative
Order is subject to the following limits:
- The amount of water used shall be the
minimum necessary to carry out the activity;
- No puddling or runoff of water shall
occur; and
- Any activity that involves use of a hose
shall be performed with a hose that does not leak,
and which is equipped with a nozzle that shuts off
automatically when the hose is released.
- The serving of water in restaurants, clubs or eating
places is prohibited, unless specifically requested
by the patron.
- The washing of a vehicle at a residence is prohibited,
except that such vehicles may be washed at a commercial
car washing facility or by a commercial enterprise principally
engaged in the washing of vehicles.
- The use of water for washing impervious surfaces,
such as streets, roads, sidewalks, driveways, parking
areas, brick walkways, and patios is prohibited, except
in the following cases:
- Water use for roadway milling, and for
the preparation of asphalt street or driveway re-coating
and sealing, is allowed;
- Washing of impervious surfaces at eating
and drinking establishments is allowed for sanitation
purposes, whether performed by a commercial power
washer, staff of the establishment, or some other
person;
- Use of water for municipal street sweeping
is allowed, provided that:
- Only treated wastewater is used;
and
- A sign is prominently displayed on
the street sweeping vehicle, clearly indicating
that the water used is recycled; and
- Washing of impervious surfaces is allowed
if the municipal or county health department deems
such washing necessary to avert a threat to public
health.
- Except as set forth at A. through D. below, the watering
of lawns at a residence, business or institution is
prohibited.
- Lawn watering by a commercial enterprise
engaged in the installation or repair of a lawn
irrigation system is allowed on any day, if necessary
to test a customer's newly installed or newly repaired
sprinkler system;
- Daily watering of a newly laid sod lawn
or a newly seeded grass lawn associated with new
construction is allowed for the first 45 days after
planting only, starting on the date of planting
or sod laying. Documentation of the date of seed
planting or sod laying shall be produced upon the
request of the appropriate authorities. This provision
does not authorize daily watering of "overseeding,"
that is, of new sod or seed placed to fill in bare
spots in established lawn areas;
- Watering following treatment of vegetation
with a fertilizer, pesticide or herbicide is allowed
for two consecutive days only, starting on the date
that the fertilizer, pesticide or herbicide is applied.
Documentation of the date that the treatment was
applied shall be produced upon the request of the
appropriate authorities. Watering under this provision
is allowed no more often than once every six weeks;
- Watering of athletic playing fields,
including those used by professional, college/university,
and youth league sports teams, as well as those
owned or operated by public and private schools
and parks, is permitted within the following limitations:
- Watering may occur no more frequently
than every other day;
- Only the playing surface of the
athletic field may be watered; and
- Under no circumstances shall a water
cannon be used.
- Watering under this subsection shall
occur only between 5:00 A.M. and 9:00 A.M. and between
5:00 P.M. and 8:00 P.M.
- All watering authorized herein shall
use the minimum amount of water necessary;
- All watering authorized herein shall
be performed in such a way that no puddling or runoff
of water occurs;
- All watering authorized herein shall
be performed in such a way that no impervious surfaces
are included in the area watered; and
- During the duration of permitted watering,
a sign shall be prominently displayed on the front
lawn of the property. The sign shall be at least
two-feet wide by two-feet high, with lettering large
enough to be clearly visible from the nearest street
or road. The sign shall read:
AUTHORIZED LIMITED TESTING OF SPRINKLER SYSTEM
Company Name
State Certification Number
Address
Telephone Number
- Watering of trees, shrubs, and vegetable and flower
gardens is permitted every other day on an "odd-even"
basis. "Odd/even" watering means that watering
may occur on odd numbered calendar days on the side
of the street with odd numbered addresses, and on even
numbered calendar days on the side of the street with
even numbered addresses. For locations without street
addresses, watering may occur on odd numbered calendar
days on streets with names starting in "A"
through "M", and watering may occur on even
numbered calendar days on streets with names starting
in "N" through "Z". Such watering
is permitted within the following limits:
- Water shall be applied with any of the
following:
- A watering can;
- A hand held hose that does not leak,
and is equipped with a nozzle that automatically
shuts off when released;
- An alternative irrigation technology
that minimizes water use and is used with a
timer to ensure watering for no more than 2
hours per area watered. Examples of acceptable
alternative irrigation technologies are low-pressure
water delivery systems that lie directly on
or in the ground such as perforated soaker hoses,
emitters or drip tube devices;
- A tree ring or tree bag (a commercially
available device placed on the ground around
a tree or plant, which is filled with a discrete
amount of water and which gradually releases
the water into the soil); or
- A permanently installed sprinkler
system designed to water only trees, shrubs,
vegetable or flower gardens. If such a sprinkler
system is used, no area shall be watered for
longer than 45 minutes.
- Plants may be watered once immediately
after planting, in accordance with Ai or Aii above;
- Watering under this subsection shall
occur only between 5:00 A.M. and 9:00 A.M. and between
5:00 P.M. and 8:00 P.M.;
- All watering authorized herein shall
use the minimum amount of water necessary;
- All watering authorized herein shall
be performed in such a way that no puddling or runoff
of water occurs; and
- All watering authorized herein shall
be performed in such a way that no impervious surfaces
are included in the area watered.
- The watering of vegetation at a golf course is restricted
as follows:
- Watering shall be done in accordance
with 'The
Rutgers Cooperative Extension Best Management Practices
for Golf Courses';
- Total monthly cumulative water use shall
not exceed 80% of the monthly water allocated for
that golf course under a Department Water Allocation
Permit or Water Use Registration. If water is bought
from a purveyor, total monthly cumulative water
use shall not exceed 80% of the monthly water contracted
for monthly from the purveyor (if there is no contract,
80% of average monthly use for the past five years);
- Metered usage from all water sources
shall be submitted to the Department's Bureau of
Water Allocation monthly, within seven days after
the end of each calendar month; and
- A golf course that uses only treated
wastewater for irrigation in accordance with subsections
12 and/or 13 below is exempt from these restrictions.
- Public showers and commercial establishments with
showers must retrofit those showers with low-flow showerheads
or install flow restrictors.
- Washing of buildings (including houses, garages,
sheds and similar structures), decks, fences, lawn furniture,
windows, and similar outdoor use of water for home maintenance
and cleaning is restricted as follows:
- The homeowner may use only a bucket
and sponge for home maintenance and cleaning, or
a hose that does not leak and is equipped with a
nozzle that shuts off automatically when released;
except that a homeowner may use their own power
washer if necessary to prepare a surface for painting,
staining, or other coating or treatment;
- The homeowner may hire a commercial
power washer to perform any of the home maintenance
and cleaning authorized under this subsection; and
- This subsection does not authorize washing
of pavement or other impervious surfaces covered
under subsection 4 above.
- The outdoor use of any water for ornamental or aesthetic
purposes, including fountains, artificial waterfalls
and reflecting pools, is prohibited, except if necessary
to preserve or support wildlife, or for sanitary or
structural purposes where draining is impractical.
- The use of water for the flushing of sewers is prohibited,
except in the following cases:
- Where treated wastewater is used, provided
that an appropriate sign is prominently displayed,
clearly indicating that the water used is treated
wastewater; or
- Where the municipal or county health
department deems that sewer flushing is necessary
to avert a threat to public health, in which case
any type of water may be used.
- Aquifer pumping tests that use more than 60 gallons
per minute for more than 24 hours are prohibited, unless:
- The test is necessary for a groundwater
remediation project, or a NJPDES discharge to groundwater
permit;
- The test is necessary for a replacement
well for a previously approved, allocated diversion
source; or
- The test is associated with a public
community water supply well necessary to ensure
an adequate water supply during this water emergency.
- In order to promote the use of treated wastewater
for uses that do not require potable water, domestic
treatment works may make available treated wastewater
that meets all New Jersey Pollutant Discharge Elimination
Systems (NJPDES) permit requirements provided all of
the following criteria are met:
- The domestic treatment works must be
in compliance with its existing NJPDES discharge
permit;
- The treated wastewater and the use conform
with the Department's "Technical Manual for
Reclaimed Water for Beneficial Reuse";
- Any prior approval for use of treated
wastewater, in an existing NJPDES permit, remains
valid except where the treatment plant discharge
is upstream of an area for which a Department-established
minimum required passing flow for the receiving
water body is not being met. In those cases, prior
approvals are revoked for the duration of the declared
water emergency;
- If there is no prior NJPDES approval
for the planned use of treated wastewater, a treatment
works shall, prior to allowing the use, obtain written
approval from the Department's Division of Water
Quality (401 East State St., P.O. Box 029, Trenton,
NJ 08625-0029. The written approval must be issued
after the effective date of Administrative Order
2002-05;
- The treated effluent shall be used in
an appropriate and safe manner, as follows:
- Recommended applications include:
landscaping beds, street sweeping, nurseries,
non-edible crops, golf courses, roadside plantings
and mobile fire protection;
- Unless specifically approved in
writing by the Department of Environmental Protection,
prohibited applications include: residential
lawns and other recreational areas, indoor use,
edible crops, or any area where there is a high
probability of immediate human contact;
- The application of treated effluent
shall not produce surface runoff or ponding;
- Individuals spraying the effluent
should use proper care and precautions so as
not to come in contact with or inhale the aerosolized
water vapors; and
- Treated effluent shall be sprayed
only in areas, and at times, which would have
limited or no public access;
- Any decrease in the treatment works'
wastewater discharge into a receiving water body,
caused by use of treated wastewater, shall not jeopardize
the base flow of the receiving water, nor shall
it impact downstream natural resources or water
supply withdrawals;
- Domestic treatment works shall maintain
a list of users of treated wastewater, including
the name of the user, date of pickup, number of
gallons, and the location and means of use and/or
discharge; and
- Use of treated wastewater shall not
be considered a basis for increasing permitted capacity
for a treatment works.
- The Department may authorize a discharge of treated
wastewater to the surface and/or ground waters of the
State if the Department finds that such a discharge
is necessary to address the water emergency or to protect
human health and the environment. Such discharge shall
be authorized on a temporary, emergency basis only.
The Department may impose treatment and/or monitoring
requirements on such a discharge, and no discharge shall
begin until the Department's authorization has been
issued. Within ten calendar days after receiving an
emergency authorization for such a discharge, the water
treatment facility shall submit an application for a
discharge permit to the Department.
- In accordance with N.J.S.A. Title 13, Chapter 9 (Forest
Fire Laws) and N.J.A.C. Title 7, Chapter 27, Subchapter
2 (Control and Prohibition of Open Burning), open burning
is hereby prohibited, with the following exceptions:
- Outdoor barbecues;
- Disposal or destruction of explosives
and/or packaging materials;
- Permits authorized for religious ceremonies;
and
- Agricultural open burning and campfires,
provided:
- The Buildup Index is below 40;
- The local New Jersey Forest Fire
Service Firewarden has been contacted and has
approved the specific burn;
- For agricultural burning, the appropriate
permit has been obtained from the New Jersey
Forest Fire Service Divisional Headquarters,
and from the local municipality if required;
and
- For a campfire, the fire shall be,
at a minimum, within a prepared fire ring at
a campground, and authorized and permitted by
the local NJ Forest Fire Service Firewarden
or their designee
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Section
II. General Provisions Applicable Statewide
- These restrictions and authorizations shall apply
equally to all water users, regardless of whether the
water used is drawn from ground or surface water (such
as a pond, lake, river or stream), a public water supplier,
or a private well.
- By September 10, 2002, all non-agricultural commercial
enterprises using more than 100,000 gallons per day
shall submit their water use contingency plans previously
required under Drought Administrative
Order No. 2002-05. Along with the contingency plans,
the subject water users shall submit any water use reductions
implemented since declaration of the water emergency
on March 4, 2002. By September 30, 2002, water users
shall provide information relating to any adverse economic
impacts associated with the imposition of a 20% reduction
in water use. All plans and certifications shall be
submitted to:
DEP Drought Coordinator (Commercial Reduction Plans),
P.O. Box 426, Trenton, New Jersey 08625.
- For the purposes of this Order, commercial enterprise
means: A person, proprietorship, partnership, corporation
or other form of business enterprise, regularly engaged
in an activity for profit.
- The Department is continuing to hold in abeyance
all decisions on pending applications for diversion
and/or disposal under N.J.A.C. 7:36 or any pending application
for conveyance of State property under N.J.S.A. 13:1D-51
et seq. where, in its sole discretion, the Department
has determined that granting such applications may have
an adverse impact on the State's water supply.
- The Department is continuing to hold in abeyance
all decisions on applications for new or modified Water
Allocation Permits and Water Use Registrations under
N.J.A.C. 7:19. Holders of current Water Allocation Permits
and Water Use Registrations shall not increase their
individual monthly usage above the average monthly rate
for that month for the past two years, except upon notification
to the Department.
- While this drought water emergency remains in effect,
the Borough of Berlin's Well No. 12 shall not be utilized.
- I hereby continue my previous designation of the
Drought Coordinator to act on my behalf in the implementation
and clarification of the drought emergency requirements,
including passing flow adjustments, and water transfers,
as provided under N.J.A.C. 7:19, during this water supply
emergency.
- Nothing in this Order shall be construed to prevent
any local or county government from instituting water
use restrictions that are more stringent, provided the
local restrictions do not conflict with State or Federal
law.
- These restrictions and authorizations may be modified
and/or supplemented through additional Administrative
Orders.
- Any person who violates any provision of this Order
or who impedes or interferes with any action ordered
or taken pursuant to this Order shall be subject to
penalties under N.J.S.A. 58:1A-1 et seq., N.J.S.A. App.
A:9-49 et seq., N.J.A.C. 7:19, or under N.J.S.A. 58:10A-1
et seq., N.J.S.A. App. A:9-49 et seq., and N.J.A.C.
7:14A. These enforcement sanctions range from a warning
to a fine and/or imprisonment.
- Municipal and county law enforcement agencies, as
well as State law enforcement agencies, shall be responsible
for enforcement of this Administrative Order and any
subsequent Orders issued by the Commissioner of Environmental
Protection or by the Drought Coordinator. Exemptions
from the restrictions may be available from the Water
Emergency Task Force in limited cases.
Any person wishing to be exempt wholly or partially from
the restrictions on water use outlined in this Order may
apply for a hardship exemption according to the procedure
outlined at N.J.A.C. 7:19-16.
This Order shall take effect immediately and shall remain
in effect until superseded or terminated by my action
or by action of the Governor of the State of New Jersey. |
Date: August 20, 2002 |
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Bradley
M. Campbell
Commissioner |
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