Administrative Order 2002-05
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., and its implementing rules, N.J.A.C. 7:19, as well
as by Executive
Order No. 11, issued by Governor James E. McGreevey on March
4, 2002, hereby order mandatory water use restrictions, and
authorize certain uses and discharges of treated water, as set
forth below. Based upon the current climatic and water supply
conditions described below, I have determined this Order to
be necessary to alleviate the water emergency and to be in the
public interest.
Despite the coordinated water management measures implemented
by water suppliers, municipalities, counties and the State,
including transfers of water and reductions in passing flows,
and voluntary water conservation efforts, water use demands
remain at levels that cannot be sustained under current conditions.
Rainfall throughout the State has been insufficient to moderate
the severe precipitation shortfall. Despite efforts by New Jersey's
residents and businesses to conserve water, the State continues
to be threatened with drought due to a significant long-term
precipitation deficit, compounded by below normal levels in
surface and ground water supplies.
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 are identified in Attachment A [Note for Internet users:
You can perform a search
to find out which municipality is in each drought region,
or you can view Attachment
A in Adobe Acrobat PDF format]. While all drought regions
have been impacted by the drought, each region has unique characteristics
and variations in hydrogeology, water supply infrastructure
and current water supply sources. As such, restrictions and
authorizations set forth by this Order and any subsequent Order
will address specific conditions of each region as warranted.
SECTION I. Statewide Water Use Restrictions
Due to the severity of the continuing drought conditions, all
residents, visitors, businesses and government agencies must
fully comply in a cooperative effort to avoid a more serious
water shortage and avert the need for more restrictive measures.
Therefore, in accordance with the Water Supply Allocation Rules
at N.J.A.C. 7:19-13.3, I hereby order that the following restrictions
and authorizations apply in all six Drought Regions:
- The serving of water in restaurants, clubs or eating
places is prohibited, unless specifically requested by the
patron.
- The washing of any vehicles other than fire engines,
and HAZMAT vehicles is prohibited, except in the following
cases:
- Washing of vehicles performed by a commercial
enterprise engaged in car washing is permitted, provided
the following requirements are met:
- Vehicles shall not be pre-rinsed except with
recycled water;
- Rinse cycles shall be forty (40) seconds
or less per vehicle. This may be accomplished by increasing
conveyor speeds;
- Additional measures shall be implemented
to minimize water use, such as reducing the size of
water nozzles where possible and plugging all unnecessary
out-flows;
- All fixtures and equipment shall be inspected
for leaks on a daily basis. Necessary repairs shall
be made immediately; and
- Water conservation consciousness shall be
encouraged by the Car Wash Operators of New Jersey by
the placement of posters and literature where customers
and employees will have access to them; and
- Washing of vehicles at car dealerships is permitted,
provided the following requirements are met:
- Except as set forth in v. below, vehicles
may only be washed just prior to delivery to customers
or prior to placement in display showrooms;
- The amount of water used shall be the minimum
necessary, and rinse time shall be no longer than 2
to 3 minutes;
- All hoses must not leak and shall be equipped
with a hand-held nozzle that automatically shuts off
when released;
- Wash and/or rinse water shall be recycled
to the extent practicable; and
- New vehicles at a dealership may be washed
in accordance with the conditions at ii. through iv.
above once per month if necessary to preserve the vehicle's
finish.
- Washing of boats at boats dealerships and marinas
is permitted, provided the following requirements are met:
- Except as set forth in v. and vi. below,
boats may only be washed just prior to delivery to customers
or prior to placement in display showrooms;
- The amount of water used shall be the minimum
necessary, and rinse time shall be no longer than 2
to 3 minutes per area washed;
- All hoses must not leak and shall be equipped
with a hand-held nozzle that automatically shuts off
when released;
- Wash and/or rinse water shall be recycled
to the extent practicable;
- Boat bottoms may be cleaned using a powerwasher
in accordance with ii. iii. and iv. above.
- New boats at a dealership may be washed in
accordance with the conditions at ii. through iv. above
once per month if necessary to preserve the boat's finish;
- Boats at a marina may be washed to remove
salt spray and for sanitary reasons;
- Marine engines may be flushed with fresh
water;
- Trailered boats must be washed at a commercial
car wash.
- The use of water for washing paved surfaces, such
as streets, roads, sidewalks, driveways, garages, parking
areas 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
permitted, provided the amount of water used is the minimum
necessary;
- Washing of paved surfaces at eating and drinking
establishments is permitted for sanitation purposes, provided
the amount of water used is the minimum necessary;
- Use of water for municipal street sweeping is
permitted, provided that:
- Only non-potable water is used;
- The amount of water used is the minimum necessary;
and
- An appropriate sign is prominently displayed
on the street sweeping vehicle, clearly indicating that
the water used is non-potable water; and
- Where the municipal or county health department
deems that such washing is necessary to avert a threat to
public health, and provided that the amount of water used
is the minimum necessary.
- The use of water for the flushing of sewers is
prohibited, except in the following cases:
- Where non-potable water is utilized, provided
that the amount of water used is the minimum necessary,
and provided that an appropriate sign is prominently displayed,
clearly indicating that the water used is non-potable
water; and
- Where the municipal or county health department
deems that flushing is necessary to avert a threat to
public health.
- The use of fire hydrants is prohibited, except
in the following cases:
- As necessary for fire fighting or fire protection
purposes;
- As necessary for testing or fire drills only
if the testing or drill is deemed necessary in the interest
of public safety by the municipal governing body and the
applicable water purveyor, and is specifically approved
by the municipal governing body and the applicable water
purveyor; and
- Where a commercial enterprise has traditionally
used water from the hydrant with prior written permission
from the applicable water purveyor, provided that such
use is necessary for the maintenance of the business.
If a hydrant is used in this manner, water usage shall
be metered.
- The use of water for power washing of buildings,
vehicles, pavement, or other surfaces is prohibited, except
if the power washing is performed by a commercial enterprise
engaged in power washing. A commercial enterprise performing
power washing shall comply with all applicable limits set
forth in this Order relating to specific power washing activities.
For example, a commercial power washing business engaged in
washing cars at a car dealership shall comply with the limits
for car washing at car dealerships set forth at 2B 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 watering of lawns is prohibited except in the
following cases:
- Lawn watering is permitted in order to establish
and maintain newly laid sod or newly seeded grass associated
with new construction (this exemption shall not apply
to seeding over existing lawn areas), within the following
limits:
- The amount of water used shall be the minimum
necessary to establish and maintain the grass;
- The watering is permitted for the first
45 days only, starting on the date of planting or
of laying the sod. Documentation of the date of seed
planting or sod laying shall be produced upon the
request of the appropriate authorities;
- The watering may occur only between 6:00
A.M. and 9:00 A.M. and between 5:00 P.M. and 8:00
P.M.; and
- The watering shall not exceed 45 minutes
per area watered on any one day, except that watering
may be extended to one hour per area watered on the
day that sod is laid.
- Lawn watering is permitted immediately following
application by a commercial applicator of fertilizer,
pesticide or herbicide, within the following limits:
- The amount of water used shall be the minimum
necessary to ensure the appropriate absorption of
the fertilizer, pesticide or herbicide;
- The watering is permitted for 2 days only,
starting on the date that the chemical is applied.
Documentation of the date of application shall be
produced upon the request of the appropriate authorities;
- The watering may occur only between 6:00
A.M. and 9:00 A.M. and between 5:00 P.M. and 8:00
P.M.;
- The watering shall not exceed 45 minutes
per area watered on any one day; and
- This exemption shall only be valid for
a single chemical application once every three months.
- A commercial landscaper may water newly seeded
or sodded grassed areas during normal seasonal working
hours outside of the hours listed above, by a means designed
and operated to assure effective conservation, provided
that:
- Watering is performed in accordance with
'The Rutgers Cooperative Extension Best Management
Practices for Watering Lawns.'
- During the initial 45 day grow-in period
a sign shall be displayed on the front lawn of the
property. The sign shall be at least four feet wide
by four feet high, with lettering large enough to
be clearly visible from the nearest road. The sign
shall read:
AUTHORIZED LIMITED WATERING OF NEW LAWN
Company Name
Address
Telephone Number
- Documentation of the planting date shall
be produced upon the request of the appropriate authorities.
- Lawn watering is permitted if it is necessary
for the revegetation of land in order to prevent soil
erosion following earth-moving activities, provided that:
- The amount of water used shall be the minimum
necessary to accomplish the revegetation;
- The activity is a construction-related
project that complies with the "Soil Erosion
and Sediment Control Act" (SESCA), N.J.S.A. 4:24-39
et seq., or meets iii below;
- If the project is not subject to SESCA
(i.e., a single family home or a project of less than
5,000 square feet), the project must be covered by
a construction permit issued by the local municipal
authority;
- The watering is limited to the disturbed
area; and
- Documentation of the planting date shall
be produced upon the request of the appropriate authorities.
- Testing of a customer's newly installed or
newly repaired sprinkler system by a commercial enterprise
engaged in the installation or repair of lawn irrigation
systems is permitted, within the following limits:
- The amount of water used shall be the minimum
necessary to test the sprinkler system;
- The test shall be limited to a maximum
of ten (10) minutes per sprinkler zone; and
- During the period of the test a sign shall
be displayed on the front lawn of the property. The
sign shall be at least four feet wide by four feet
high, with lettering large enough to be clearly visible
from the nearest road. The sign shall read:
AUTHORIZED LIMITED TESTING OF SPRINKLER SYSTEM
Company Name
Address
Telephone Number
- All lawn watering authorized herein shall use
the minimum amount of water necessary.
- All lawn watering authorized herein shall
be performed in such a way that no puddling or runoff
of water occurs; and
- All lawn watering authorized herein shall be
performed in such a way that no paved surfaces are included
in the area watered.
- The watering of vegetation other than lawns is
prohibited, except that the watering of trees, shrubs, and
vegetable or flower gardens is permitted, using the minimum
amount of water necessary, within the following limits:
- The water shall be applied with one of the
following:
- A watering can; or
- A hose that does not leak, and is equipped
with a hand-held nozzle that automatically shuts off
when released.
- 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 paved surfaces are included in the
area watered.
- 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
limits:
- Watering may occur only between 8:00 P.M. and
6:00 A.M.;
- Watering may not exceed 45 minutes per area
watered on any one day;
- No grass or dirt areas outside of the essential
playing area may be watered;
- Under no circumstances shall a water cannon
be used; and
- Water conservation measures shall be instituted
to the maximum extent practicable.
- The watering of agricultural food crops, sod at
commercial sod farms, and the watering of nursery stock at
nurseries or retail outlets is permitted and is exempt from
restrictions at this time, provided that all watering is done
in accordance with best management practices, and:
- The use and diversion from all sources is less
than 70 gallons per minute; and
- Any use and diversion of 70 gallons per minute
or more is authorized by an approved Agricultural Certification
or Agricultural Water Use Registration.
- The use of water for outdoor recreational purposes,
not covered by paragraph 10, is prohibited, except that:
- Golf courses covered by a valid Department
Water Allocation Permit or Water Use Registration may
use water within the following limits:
- For tees, greens, and fairways, watering
by sprinkler or other conserving mechanical means
is permitted between 9:00 P.M. and 6:00 A.M, provided
that the amount of water used is the minimum necessary
for vegetation survival;
- Syringing (hot spot watering) with a hand
held hose is permitted between 11:00 A.M. and 4:00
P.M., provided that no area is watered for more than
10 minutes per day;
- If seeding or resodding is necessary, newly
seeded or sodded fairways may be watered between 9:00
A.M. and 4:00 P.M., provided that no area may be watered
for more than 45 minutes on any given day;
- Rough or other grass areas not addressed
above may not be watered by any means;
- Under no circumstances shall a water cannon
be used;
- Watering shall be done in accordance with
'The
Rutgers Cooperative Extension Best Management Practices
for Irrigating Golf Course Turf' (in Adobe Acrobat
PDF format); and
- Under no circumstances shall total monthly
cumulative water use exceed 50% of either the monthly
allocated water for that golf course, or the average
utilization rate the past 5 years, whichever is lower,
based on the permit or registration issued by the
Department,. Metered usage from all water sources
shall be submitted to the Department' Bureau of Water
Allocation on a monthly basis, within 7 days of the
end of the calendar month.
- Golf courses that use treated wastewater only
for irrigation are exempt from these restrictions.
- Watering of clay tennis courts is permitted,
using sprinklers or hand-held watering devices, provided
that watering occurs for no more than 10 minutes per day,
between 8:00 P.M. and 6:00 A.M. and/or between 12:00 noon
and 3:00 P.M.
- Filling of public and private swimming pools,
including but not limited to, outdoor hot tubs, spas and
jacuzzis, is prohibited, except in the following cases:
- Newly constructed or installed swimming pools
may be filled once upon completion of construction,
provided that, if the pool is filled prior to May 1,
2002, the water is not taken from the local municipal
water purveyor;
- The one-time draining and subsequent refilling
of a swimming pool for repairs is permitted, provided
that such repair is necessary to preserve the structural
integrity of the pool and/or its supporting infrastructure.
A person seeking to use water for this purpose shall
notify the local police, fire, and public works departments
prior to draining the swimming pool to provide notice
to authorities and provide for an opportunity for reuse
in accordance with iv. below;
- Partial draining of a pool is permitted to
facilitate winterization and covering, provided the
draining is the minimum necessary;
- Every reasonable effort shall be made to
collect and re-use water drained from a pool, including
use by the local fire department or public works department;
and
- Topping of pools (that is, adding water to
a partially filled pool) is permitted, provide that
the amount of water used is the minimum necessary to
maintain the integrity of the pool's circulation and
filtration system(s).
- AUTHORIZATION for use of non-potable water: In
order to promote the use of non-potable water as an alternate
source for activities currently supplied by potable sources,
where appropriate and consistent with the purposes of this
Order, I hereby authorize domestic treatment works to make
available, for temporary use, treated effluent which meets
all of its New Jersey Pollutant Discharge Elimination Systems
(NJPDES) permit requirements, as a substitute for potable
water sources, provided all of the following criteria are
met:
- The domestic treatment works must be in compliance
with its existing NJPDES discharge permit;
- Prior to allowing the re-use of its effluent,
the treatment works must obtain written approval from
the Department's Division of Water Quality. The written
approval must be issued after the effective date of this
Order;
- Any decrease in the treatment works' effluent
discharge into a receiving water body, caused by re-use
of effluent, shall not jeopardize the base flow of the
receiving water, nor shall it impact downstream natural
resources or water supply withdrawals;
- 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.
- Prior approvals for reuse where authorized
in a NJPDES permit remain valid except where the treatment
plant discharge is upstream of an area for which the Department
has established a minimum required passing flow for the
receiving water body, which is not being met. In those
cases, prior approvals are revoked for the duration of
the declared water emergency.
- Where treated effluent is in use, signs shall
be posted informing the public that the water being applied
is treated effluent;
- Domestic treatment works shall maintain a list
of users of treated effluent. The list shall include the
name of the user, date of pickup, number of gallons used,
and the location and means of disposal; and
- Reuse of treated effluent shall not be considered
a basis for increasing permitted capacity for a treatment
works.
- AUTHORIZATION for certain temporary emergency discharges:
the Department may authorize a discharge to the surface and/or
ground waters of the State if a water treatment facility finds
such a discharge 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. No discharge shall begin until the Department's
authorization has been issued. The water treatment facility
must submit an application for a discharge permit to the Department
within ten calendar days after receiving the emergency authorization
to begin the discharge.
Section II. Watering Exemptions for the Central and Coastal
North Drought Regions
In the Central and Coastal North Drought Regions, the prohibitions
on watering lawns, vegetation other than lawns (trees, shrubs,
flower and vegetable gardens), and athletic playing fields as
identified in subsections I.8.,I.9., and I.10. above do not
apply . Accordingly, watering otherwise prohibited by those
subsections is permitted on an "odd-even" basis. Watering
can occur on even numbered days on the side of the street with
even numbered street addresses, and on odd numbered days on
the side of the street with odd numbered street addresses. For
locations without street addresses watering can occur no more
frequently than every other day.
Section III. General Provisions Applicable Statewide
- For the purpose of this order commercial
enterprise means: A person, proprietorship, partnership,
corporation or other form of business enterprise, regularly
engaged in an activity for profit.
- Within thirty (30) days, all commercial enterprises
that use more than 100,000 gallons of water per day
from any source must prepare drought emergency contingency
plans. Such plans shall identify the water sources used;
a description of the processes at each facility using
water; and a plan of action to reduce water use beyond
the requirements of this Order by 10 percent, 20 percent,
30 percent, 40 percent, and 50 percent. If such reductions
become necessary, such plans shall be submitted to:
Drought Coordinator
Water Supply Administration
P.O. Box 426
Trenton, New Jersey 08625-0426
- Public showers and commercial establishments
with showers must retrofit those showers with low flow
showerheads or install flow restrictors.
- All open burning permits are hereby held
in abeyance, and open fires are prohibited throughout
the State of New Jersey.
- All aquifer pumping tests are prohibited
for the duration of this water emergency, unless:
- The test is associated with a groundwater
remediation project; or
- The test is associated with 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.
- The Department is hereby holding in abeyance
final decisions on all pending Green Acres applications
for diversions and or disposals under N.J.A.C. 7:36.
- The Department is hereby holding in abeyance
final decisions on issuance of all new or modified Water
Allocation Permits under N.J.A.C. 7:19.
- Each State agency shall develop a water conservation
plan that outlines specific measures that the State
agency will take to reduce water consumption at State
facilities, as well as water consumption resulting from
activities undertaken as part of the normal operational
functions of the State agency. The water conservation
plan shall seek to identify conservation measures significantly
above and beyond the most severe restrictions being
imposed upon the public through this Administrative
Order. The first draft of said plan shall be completed
and submitted for review by the Drought Coordinator
by April 19, 2002.
- These restrictions and authorizations shall
apply equally to all water users in the affected regions,
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.
- 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.
All previous Orders issued by me shall remain in effect,
except to the extent that they conflict with this Order. |
Date: March 11, 2002 |
_________________ |
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Bradley
M. Campbell
Acting Commissioner |
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