Administrative Order 2002-07 to Ammend and Supplement
ADMINISTRATIVE ORDERS 2002-05
I, Bradley M. Campbell, Commissioner of the New Jersey Department
of Environmental Protection (Department), pursuant to the authority
vested in me by Executive
Order No. 11, issued by Governor James E. McGreevey on March
4, 2002, the Water Supply Management Act, N.J.S.A. 58:1A-1 et
seq., and its implementing rules, N.J.A.C. 7:19, previously
issued Administrative
Order No. 2002-05, imposing Phase I - Mandatory Water Use
Restrictions. This Administrative Order is intended to amend
and supplement the provisions of Administrative
Order No. 2002-05. Except as specifically provided by amendment
herein, the provisions of Administrative
Order No. 2002-05 shall remain in effect.
Through
the issuance of Administrative
Order 2002-05 on March 13, 2002, the Department began the
process of implementing Executive
Order No. 11, with an initial set of conservative restrictions
and provisions intended to reduce water use while minimizing
disproportionate burdens on specific sectors of the economy.
Additions and revisions to the initial set of restrictions and
provisions have been identified and are now warranted. Further
modifications may be required as drought impacts and conditions
change and infrastructure or other needs are identified. These
modifications may include new water use restrictions or conditions
on existing restrictions and they will be set forth in future
Administrative Orders.
Accordingly,
based upon the ban on adjustable water uses set forth in the
Water Supply Allocation Rules at N.J.A.C. 7:19-13.3, I undertake
the following actions in order to amend the Statewide Water
Use Restrictions in order to curtail demands, preserve storage
and to otherwise help alleviate the severity of the water emergency.
SECTION I. Statewide Water Use Restrictions
The restrictions imposed by Administrative
Order 2002-05 upon the filling of public and private
swimming pools, outdoor hot tubs, spas, jacuzzis as presented
in Section I, item 12.D. are hereby superseded by the
following restrictions:
12. D. Filling of family, public and private swimming
pools, including but not limited to outdoor hot tubs,
spas, 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 water is from the local municipal
water purveyor, its use is approved by that purveyor;
- A pool that was drained prior to March 11,
2002 may be refilled once;
- A pool that was not drained prior to March
11, 2002 may not be drained and refilled unless the
draining is necessary in order to make structural or
other essential repairs, or draining is the only way
that the pool can be adequately cleaned for healthy
operations.
- If a pool requires repairs in order to preserve
the structural integrity of the pool and/or its supporting
infrastructure, the pool may be drained for repair and
subsequently refilled one time only. 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 v. below;
- 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;
- Topping of pools (that is, adding water to
a partially filled pool) is permitted, provided that
the amount of water used is the minimum necessary to
maintain the integrity of the pool's circulation and
filtration system(s); and
- Pools should only be drained if absolutely
necessary.
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Section
III. General Provisions Applicable Statewide
The provisions of Administrative
Order 2002-05, the ban on open burning, provision
4; and the holding in abeyance of new or modified Water
Allocation permits, provision 7; are hereby superseded
as set forth below. Those general provisions are also
supplemented with new provisions 13, 14, and 15 set forth
below.
4. 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), I hereby
order mandatory open burning restrictions which include:
- All permits issued under N.J.S.A. Title 13,
and N.J.A.C. Title 7 and Title 8 will be held in abeyance
until drought conditions are relieved.
- This provision does not apply to:
- Outdoor BBQ's; or
- Permits authorized for religious ceremonies.
6. The Department is hereby holding in abeyance a final
decision on any pending application 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.
7. The Department is hereby holding in abeyance final decisions
on the issuance of all 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
utilization above the average monthly rate for that month
for the past 2 years, except upon notification to the Department.
13. Consistent with the Delaware River Basin Water Code
Sections 2.5.6.D.3.b.viii and 2.5.6.D.3.f.ii, the water
in Lake Hopatcong has been identified as necessary to
provide supplies for essential health and safety purposes.
In order to deal with the worsening drought, its impact
on water supplies within the State, and to maximize the
amounts of water in storage, releases of water from Lake
Hopatcong must be reduced.
THEREFORE, I HEREBY DIRECT that the releases from Lake
Hopatcong be reduced from 7.5 million gallons per day
to 4.4 million gallons per day, effective immediately.
14. In order to determine the capability of the water
supply infrastructure within the State to effectuate transfers
of water within and between drought regions, an inventory
of interconnections is necessary at this time. All public
community water systems, as defined at N.J.A.C. 7:10-1.3,
serving a population of 10,000 persons or more shall provide
a report to the Department regarding existing interconnections
of six inch diameter or greater with all other public
community water systems, regardless of population served.
The report shall be in a format to be prescribed in a
Directive Letter to be issued March 15, 2002 by the Department's
Drought Coordinator.
15. FURTHERMORE, I HEREBY DESIGNATE the Drought Coordinator
to act on my behalf in the implementation and clarification
of the drought emergency requirements as provided under
N.J.A.C. 7:19 during the pendency of the water supply
emergency.
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.
This Order amends and supplements, and is intended to
be read and implemented in conjunction with Administrative
Order No. 2002-05. All other sections of Administrative
Order No. 2002-05 not amended herewith continue in
force unaltered. |
Date: March 15, 2002 |
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Bradley
M. Campbell
Acting Commissioner |
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