N.J. Admin. Code § 7:1J-3.4 - Reductions in costs eligible for compensation if alternative water supply actually constructed exceeds requirements for provision of adequate alternative water supply

Current through Register Vol. 54, No. 7, April 4, 2022

(a) If a WSSC is a claim for compensation for the cost of a water well or wells, the amount otherwise eligible for compensation from the Fund shall be reduced as follows:
1. The amount eligible for compensation from the Fund shall be reduced by the following amount:

RA = AC - NC

where:

i. RA equals the amount of the reduction;
ii. AC equals the cost (including without limitation construction costs, design and engineering costs, and finance charges incurred in the design and construction of the water well or wells) of the water well or wells actually constructed; and
iii. NC equals the cost (including without limitation construction costs, design and engineering costs, and finance charges incurred in the design and construction of the water well or wells), estimated by the Department after consideration of the report submitted under (a)2 below, of constructing the water well or wells with the minimum capacity necessary to supply potable water to the affected area. Such minimum necessary capacity shall be the amount required to satisfy the users' requirements set forth in (d) below.
2. The claimant shall cause the water purveyor to submit a report (or, if the water purveyor is the claimant, the water purveyor shall submit the report), certified by a licensed professional engineer, setting forth the following:
i. Such information as is required to satisfy the requirements of 7:10-11.2(c)3 and 4, with respect to the water well or wells actually constructed; and
ii. The design and specifications of the water well or wells that would be required to provide an adequate supply of potable water to the total number of residential and nonresidential users listed in (d) below. The engineer's computation of such design and specifications shall be justified by hydraulic analysis without consideration of additional capacity necessary for use in firefighting or future demand. The engineer's report shall contain a calculation of the minimum necessary capacity of the wells determined in accordance with (a)1 above.
(b) If a WSSC is a claim for compensation for the cost of water storage facilities, the amount otherwise eligible for compensation from the Fund shall be reduced as follows:
1. The amount eligible for compensation from the Fund shall be reduced by the following amount:

RA = AC - NC

where:

i. RA equals the amount of the reduction;
ii. AC equals the cost (including without limitation construction costs, design and engineering costs, and finance charges incurred in the design and construction of the water storage facilities) of the water storage facilities actually constructed; and
iii. NC equals the cost (including without limitation construction costs, design and engineering costs, and finance charges incurred in the design and construction of the water storage facilities), estimated by the Department after consideration of the report submitted under (b)2 below, of the water storage facilities with the minimum useful storage capacity necessary to supply potable water sufficient to satisfy the users' requirements set forth in (d) below. Such capacity shall be the minimum necessary to satisfy the requirements of 7:19-6.7, and maintain a minimum of 20 pounds per square inch gauge (psig) water pressure at street level throughout the distribution network, under all required flow conditions, but shall not include any additional capacity required for use in firefighting.
2. The claimant shall cause the water purveyor to submit a report (or, if the water purveyor is the claimant, the water purveyor shall submit the report), certified by a licensed professional engineer, setting forth the following:
i. Such information as is required to satisfy the requirements of 7:10-11.8, with respect to the water storage facilities actually constructed; and
ii. The design and specifications of the water storage facilities that would be required to provide an adequate supply of potable water to the total number of residential and nonresidential users listed in (d) below. The engineer's computation of such design and specifications shall be justified by hydraulic analysis without consideration of additional capacity necessary for use in firefighting and future demand. The engineer's report shall contain a calculation of the minimum useful storage capacity necessary to supply potable water to the users described in (d) below.
(c) If a WSSC is a claim for compensation for the cost of water transmission and distribution lines, the following restrictions apply:
1. The amount eligible for compensation from the Fund for the cost of the construction of a water transmission and distribution line shall be limited to the cost of a six- or eight-inch diameter water line. If the claimant chooses to install a larger diameter water line, the claimant must pay the difference between the cost of the six- or eight-inch diameter water line and the cost of the larger water line.
2. If any section of transmission or distribution line has been extended beyond the point necessary to service any property within the affected area, then any and all costs associated with that section of line beyond the boundary of the affected area shall be the sole responsibility of the water purveyor and will not be eligible for compensation from the Fund. This exclusion from eligibility shall not apply to extensions which the Department has stated in writing are required for effective operation of the water system.
(d) For the purpose of calculating the minimal capacity needed for water wells under (a) above and water storage facilities under (b) above, the potable water requirement of the users of such wells or storage facilities is the aggregate of the potable water requirements listed in (d)1, 2 and 3 below.
1. The potable water requirements of residential users in the affected area equals the following:

RR = (R x 360 PF)

where:

i. RR equals the potable water requirements of residential users in the affected area;
ii. R equals the sum of (1) and (2) below:
(1) The number of single-family residences within the affected area which are in existence or under construction, or for which building permits have been issued, before the Department delineated the SFCA; and
(2) The number of tax lots contained in the affected area upon which no residences or nonresidential improvements have been constructed or are under construction as of the time when the Department delineated the SFCA, and for which no building permit to construct one or more residences or nonresidential improvements has been issued prior to the time when the Department delineated the SFCA;
iii. 360 represents a potable water requirement of 360 gallons per day (gpd) per bedroom to serve each single-family residence; and
iv. PF represents the peaking factor by which the 360 gpd requirement will be multiplied, which peaking factor will be equal to two unless the Department determines that a different peaking factor would be more accurate.
2. The potable water requirements of nonresidential and multifamily users are set forth in the following table, and include all nonresidential and multifamily residential facilities within the affected area which are in existence or under construction, or for which building permits have been issued, prior to the time when the Department delineated the SFCA:
Type of Establishment Potable requirements (in GPD per person except as noted)
1.Apartment buildings (assuming one person per bedroom) 75
2.Rooming houses 50
3.Boarding houses 75
Add for each nonresident boarder: 15
4.Hotels 75
Add if laundry facilities are on premises: 37.5
5.Motels and tourist cabins 75
6.Mobile home parks 100
7.Restaurants 10
8.Camps
Barracks type 50
Cottage type 40
Day camps 15
9.Day schools 10
Add for cafeteria: 5
Add for showers: 5
Add for laboratories: 5
10.Boarding schools 100
Add if laundry facilities are on premises: 50
11.Industrial property (per eight hour shift) 25
12.Hospitals (depending on type) 150-250
13.Institutions other than hospitals 75-125
14.Picnic grounds and comfort stations 10
Add if showers are on premises: 5
15.Swimming pools and bathhouses 10
16.Clubhouses (per resident member) 60
Add per nonresident member: 25
17.Nursing homes 150
18.Campgrounds (GPD per individual sewer hookup) 100
Add if laundry facilities are on premises: 50
19.Retail and office space (GPD per square foot) .125
20.Self-service laundries (gallons per wash) 50

To determine the well capacity or storage capacity required to serve the above establishments, the potable water requirements set forth in the table shall be multiplied by a peaking factor of two, unless the Department determines that a different peaking factor would be more accurate. To determine the instantaneous water demands of the above establishments for the purpose of calculating the required capacity of transmission or distribution lines, the potable water requirements set forth in the table shall be multiplied by the peaking factor provided under (c)3i above.

3. The potable water requirements of agricultural, silvicultural, industrial or other users not listed in the table at (d)2 above are actual requirements of all such users which are located in the affected area and meet the requirements of both 3i and ii below:
i. Before the Department delineated the SFCA, the user's facility was in existence or under construction, or a building permit had been issued for its construction;
ii. The user is unable to use the existing source of potable water, because such source has become unsuitable for the user's particular use as a result of the discharge; and
iii. Connection to the replacement water supply system is the most cost-effective environmentally sound means of remedying the damages incurred by the user as a result of the discharge.

Notes

N.J. Admin. Code § 7:1J-3.4
Amended by R.1998 d.67, effective 1/20/1998.
See: 29 N.J.R. 4365(a), 29 N.J.R. 4594(a), 30 N.J.R. 336(b).
In (d), changed formula for potable water requirements.
Amended by R.2009 d.75, effective 3/2/2009.
See: 40 N.J.R. 5101(a), 41 N.J.R. 1019(a).
In (a)2ii and (b)2ii, inserted "or future demand"; and rewrote (c).

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