This Administrative Order supersedes previously enacted Administrative
Order No. 2002-23. Administrative
Order No. 22 shall remain in effect.
Due to cooperative water conservation and management
efforts undertaken by citizens, water purveyors, businesses,
municipalities and counties, coupled with more abundant
rainfall and moderated temperatures since September, the
State has been able to avert a more serious statewide
water supply shortage. Despite incremental improvements
in reservoir storage and surface and ground water levels
across much of New Jersey, particularly in the northern
region of the State, the long-term precipitation deficit
continues and warrants continued vigilance in the interest
of public health and welfare and protection of the State's
environmental resources. As a result, the declared drought
water emergency shall continue in effect.
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. Significant improvements in
ground and surface water levels have been evidenced in
the Northeast, Northwest and Central Drought Regions.
The remaining Drought Regions, however, continue to show
signs of ground and surface water level depletion, and
require continued action. 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.
In consideration of the above, 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.
I hereby order the following:
SECTION I. Regional Water Use Restrictions
- The Northeast, Northwest and Central
Drought Regions are not subject to mandatory restrictions
at this time. However, the Department continues
to promote voluntary water conservation efforts,
and to encourage every citizen, business and other
entity to use water wisely and conscientiously
in the common interest of all.
- The following mandatory restrictions
and authorizations apply in the Coastal North,
Coastal South and Southwest Drought Regions:
- All water use authorized under subsection
B 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 upon
release.
- The serving of water in restaurants,
clubs or eating establishments is prohibited,
unless specifically requested by the patron.
- The washing of a vehicle at a residence
is restricted to Saturdays and Sundays only.
- Watering of lawns (including athletic
fields) is allowed every other day only, on
an "odd-even" basis, with the exceptions
set forth at A through D below. Odd/even"
watering means that watering may occur on odd
numbered days on the side of the street with
odd numbered addresses, and on even numbered
days on the side of the street with even numbered
addresses. For locations without street addresses,
watering may occur on odd numbered days on streets
with names starting in "A" through
"M", and watering may occur on even
numbered days on streets with names starting
in "N" through "Z". Exceptions
to odd/even watering restrictions are:
- Lawn watering by a commercial enterprise
engaged in the installation or repair of lawn
irrigation systems is allowed on any day,
if necessary to test a customer's newly installed
or newly repaired sprinkler system, provided
that:
- 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
- Daily watering following treatment
of vegetation with a fertilizer, pesticide
or herbicide is allowed for two 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 three weeks.
- Watering under this subsection
shall occur only between 6:00 A.M. and 9:00
A.M. and between 4:00 P.M. and 7:00 P.M.
- The duration of watering shall
not exceed 20 minutes per zone; and
- All watering authorized herein
shall be performed in such a way that no impervious
surfaces are included in the area watered.
- 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 20 minutes.
- Plants, trees and shrubs may be
watered once immediately after planting or
replanting, in accordance with Ai or Aii above;
- Watering under this subsection
shall occur only between 6:00 A.M. and 9:00
A.M. and between 4:00 P.M. and 7:00 P.M.;
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
Section II, Subsection (A), Provisions 1 and/or
2 below is exempt from these restrictions.
- 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
is prohibited, except for the following:
- At eating and drinking establishments
for sanitation purposes; or
- Where the municipal or county
health department deems such washing to
be necessary to avert a threat to public
health, safety or welfare.
- Use of water for municipal street
sweeping is allowed, provided that:
- The municipal or county health
department deems such washing to be necessary
to avert a threat to public health, safety
or welfare; or
- Only treated wastewater is used;
and
- A sign is prominently displayed
on the street-sweeping vehicle, clearly
indicating that the water being used is
non-potable.
- 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:
- A 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;
- A 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.
- Public showers and commercial establishments
with showers must retrofit those showers with
low-flow showerheads or install flow restrictor
devices.
- 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 New Jersey Pollutant
Discharge Elimination Systems (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
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Section II. Statewide Water Use Restrictions
- The following restrictions and authorizations
apply equally in all six Drought Regions:
- In order to promote the use of treated
wastewater for uses that do not require potable
water, domestic and industrial 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 or industrial 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;
- Treated effluent utilized in accordance
with D. above, shall be used in an appropriate
and safe manner, as follows:
- Recommended applications include:
landscaping beds, wholesale nurseries, non-edible
crops, golf courses, hydro-seeding mixtures,
street sweeping, sanitary sewer jetting,
roadside watering, roadway milling, dust
control, non-contact cooling water 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;
- Use of treated wastewater shall
not be considered a basis for increasing permitted
capacity for a treatment works; and
- Administratively extended NJPDES
permits may be modified by the Department
for wastewater reuse authorization.
- 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 (10)
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.
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Section
III. General Provisions
- The restrictions and authorizations
outlined in this Order 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.
- 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.
- Within thirty (30) days of the date
of this Order, the Elizabethtown Water Company
shall provide to the Department a feasibility
assessment concerning utilization of its Springfield
well field. Upon and within twenty-two (22) months
of subsequent notification by the Department,
Elizabethtown Water Company shall rehabilitate
the Springfield well field and ensure the safe
and efficient utilization of the water source.
All units of State government, including units
of the Department, are directed to issue requisite
approvals and permits to allow Elizabethtown Water
Company to accelerate re-opening of the Springfield
well field and to construct an appropriate treatment
works that will allow safe and efficient use of
the wells to augment available water supplies.
- 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 the Department 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. |
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