Administrative Order 2002-18
This Administrative Order supersedes previously enacted Administrative
Orders 2002-03, 2002-05, 2002-07, 2002-14, 2002-15, and 2002-17.
Due
to the recent rains, the drought management efforts of water
purveyors and the Department, and the outstanding water conservation
efforts of citizens, businesses, municipalities, and counties,
water supplies in New Jersey have improved considerably and
have ameliorated a very serious drought situation. Rainfall
patterns have returned to normal for the past three months,
and reservoirs throughout the State are approaching normal levels.
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 restricted
to Saturdays and Sundays. Vehicles may be washed with
a bucket and sponge, or with a hose, but may not be
washed with a power washer.
- 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.
- Watering of lawns (including athletic fields), trees,
shrubs, and vegetable and flower gardens 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;
- Watering of a newly planted tree, shrub,
flower, or vegetable plant is allowed one time (not
once daily) on any day, immediately after planting;
- Daily watering of a newly laid sod lawn
or a newly seeded grass lawn 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; and
- 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.
- 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, commercial buildings, 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"
(Adobe Acrobat PDF document);
- 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.
|
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.
- 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.
- Each owner and/or operator of a "Sand Pool"
shall submit a comprehensive report on the Sand Pool,
including, at a minimum, the information required at
A through I below. This report shall be submitted to
the address in item I below no later than July 15, 2002.
This provision applies to all Sand Pools, whether publicly
or privately owned. For the purposes of this Administrative
Order, a "Sand Pool" is any water body with
a water level that is maintained by the pumping of more
than 25,000 gallons of water per day into the water
body. The following information shall be included in
the report:
- The name(s) and address(es) of all owner(s)
of the Sand Pool;
- The approximate number of people who
use the Sand Pool;
- The dimensions of the Sand Pool, including
depth, width, and capacity;
- A detailed description of the material
that forms the bottom and sides of the Sand Pool
(for example, partially lined with concrete, partially
lined with sand);
- The source of the water that is pumped
into the Sand Pool, including the location of each
well or surface water intake that provides water
for pumping into the Sand Pool;
- The number of gallons pumped into the
Sand Pool per day, per month, and per season;
- The type of treatment, if any, that
the water receives prior to being discharged into
the Sand Pool, and/or any treatment applied to the
water while it is in the Sand Pool;
- How water leaves the Sand Pool, e.g.,
through infiltration, overflow, or similar mechanism.
If water overflows the pool, the receiving water
body must be identified; and
- The report shall be submitted to: DEP
Drought Coordinator (Sand Pools), P.O. Box 426,
Trenton, New Jersey 08625.
- 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: June 20, 2002 |
_________________ |
|
Bradley
M. Campbell
Commissioner |
|