N.J. Admin. Code § 7:38-2.5 - Applicability for purposes of public water supply systems, water allocations and water use registrations

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

(a) Pursuant to 58:12A-4.1, within the preservation area, the construction of any new public water system and the extension of any existing public water system to serve development in the preservation area is prohibited except to serve development that:
1. Is exempt from the Highlands Act pursuant to 7:38-2.3, and is consistent with the applicable areawide WQMP, pursuant to N.J.A.C. 7:15; or
2. Receives an HPAA with waiver pursuant to N.J.A.C. 7:38-6.
(b) Pursuant to 58:1A-5.1, this chapter applies to:
1. Any person intending to divert or proposing projects which will result in the diversion within the preservation area of more than 50,000 gallons of water per day, for any purpose, from a single source or a combination of sources;
2. Any person holding a water use registration as of March 29, 2004 for a diversion within the preservation area who diverts water in an amount that exceeds the monthly or annual limits established by the Department in that water use registration under 7:38-3.2(i)2; and
3. Any person having the capability to divert more than 50,000 gallons of water per day in the preservation area but who does not currently do so. The requirements to which such persons are subject are set forth at 7:38-3.2(i).
(c) This chapter does not apply to:
1. Diversions for agricultural, aquacultural; or horticultural purposes as defined in 7:20A-1.3; or
2. Persons who make emergency diversions of water for a period of less than 31 consecutive days. An emergency diversion includes taking water for the purpose of fire fighting, flood prevention, hazardous substance and/or waste spill response, or for other emergencies as determined by the Department;
i. In all cases of emergency diversion, the person responsible for the diversion shall contact the Department within 48 hours of initiation of the emergency diversion. If the emergency diversion is expected to continue for more than 31 days, the person responsible for the emergency diversion shall apply for a water supply diversion permit pursuant to N.J.A.C. 7:19 within 30 days after initiating the emergency diversion.


N.J. Admin. Code § 7:38-2.5
Amended by R.2006 d.420, effective 12/4/2006.
See: 37 N.J.R. 4767(a), 38 N.J.R. 5011(a).
In the introductory paragraph of (a), substituted "preservation area" for "Preservation Area"; in (a)2, substituted "an" for "a" and inserted "with waiver"; deleted (b)2; recodified (b)3 and (b)4 as (b)2 and (b)3; in (b)2, inserted "as of March 29, 2004 for a diversion within the preservation area who diverts water in an amount" and "under N.J.A.C. 7:38-3.2(i)2"; in (b)3, inserted "in the preservation area" and updated N.J.A.C. reference.

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