This Administrative Order supersedes previously enacted Administrative
Order No. 2002- 21. Administrative
Order No. 22 shall remain in effect.
Despite cooperative water conservation efforts by citizens,
businesses, municipalities, and counties which have helped
avert a more serious statewide water supply shortage,
the continued long-term precipitation deficit continues
and requires that the declared drought water emergency
and accompanying water use restrictions remain in effect.
Notwithstanding, interim improvements in reservoir storage
and surface and ground water levels warrant moderation
of the water use restrictions currently in place.
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 upon release.
- The serving of water in restaurants, clubs
or eating establishments is prohibited, unless specifically
requested by the patron.
- The washing of a vehicle at a residence is
restricted to Saturdays and Sundays only.
- Watering of lawns (including athletic fields)
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, provided that:
- During the duration of permitted watering,
a sign shall be prominently displayed on the front
lawn of the property. The sign shall be at least
two-feet wide by two-feet high, with lettering large
enough to be clearly visible from the nearest street
or road. The sign shall read:
AUTHORIZED LIMITED TESTING OF SPRINKLER SYSTEM
Company Name
State Certification Number
Address
Telephone Number
- 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.
- Watering under this subsection shall occur
only between 6:00 A.M. and 9:00 A.M. and between 4:00
P.M. and 7:00 P.M.
- The duration of watering shall not exceed
20 minutes per zone; and
- All watering authorized herein shall be
performed in such a way that no impervious surfaces
are included in the area watered.
- Watering of trees, shrubs, and vegetable
and flower gardens is permitted every other day on an
"odd-even" basis. "Odd/even" watering
means that watering may occur on odd numbered calendar
days on the side of the street with odd numbered addresses,
and on even numbered calendar days on the side of the
street with even numbered addresses. For locations without
street addresses, watering may occur on odd numbered
calendar days on streets with names starting in "A"
through "M", and watering may occur on even
numbered calendar days on streets with names starting
in "N" through "Z". Such watering
is permitted within the following limits:
- Water shall be applied with any of the
following:
- A watering can;
- A hand held hose that does not leak,
and is equipped with a nozzle that automatically
shuts off when released;
- An alternative irrigation technology
that minimizes water use and is used with a timer
to ensure watering for no more than 2 hours per
area watered. Examples of acceptable alternative
irrigation technologies are low-pressure water delivery
systems that lie directly on or in the ground such
as perforated soaker hoses, emitters or drip tube
devices;
- A tree ring or tree bag (a commercially
available device placed on the ground around a tree
or plant, which is filled with a discrete amount
of water and which gradually releases the water
into the soil); or
- A permanently installed sprinkler system
designed to water only trees, shrubs, vegetable
or flower gardens. If such a sprinkler system is
used, no area shall be watered for longer than 20
minutes.
- Plants, trees and shrubs may be watered
once immediately after planting or replanting, in
accordance with Ai or Aii above;
- Watering under this subsection shall occur
only between 6:00 A.M. and 9:00 A.M. and between 4:00
P.M. and 7:00 P.M.;
- All watering authorized herein shall be
performed in such a way that no impervious surfaces
are included in the area watered.
- 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.
- 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 is prohibited,
except for the following:
- At eating and drinking establishments
for sanitation purposes; or
- Where the municipal or county health
department deems such washing to be necessary to
avert a threat to public health, safety or welfare.
- Use of water for municipal street sweeping
is allowed, provided that:
- The municipal or county health department
deems such washing to be necessary to avert a threat
to public health, safety or welfare; or
- Only treated wastewater is used; and
- A sign is prominently displayed on the
street-sweeping vehicle, clearly indicating that
the water being used is non-potable.
- Washing of buildings (including houses, garages,
sheds 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.
- Public showers and commercial establishments
with showers must retrofit those showers with low-flow
showerheads or install flow restrictor devices.
- 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
and industrial 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 or industrial 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";
- 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;
- Treated effluent utilized in accordance
with D. above shall be used in an appropriate and
safe manner, as follows:
- Recommended applications include: landscaping
beds, wholesale nurseries, non-edible crops, golf
courses, hydro-seeding mixtures, street sweeping,
sanitary sewer jetting, roadside watering, roadway
milling, dust control, non-contact cooling water
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.
- 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),
open burning is hereby prohibited, with the following
exceptions:
- Outdoor barbecues;
- Disposal or destruction of explosives and/or
packaging materials;
- Permits authorized for religious ceremonies;
and
- Agricultural open burning and campfires,
provided:
- The Buildup Index is below 40;
- The local New Jersey Forest Fire Service
Fire warden has been contacted and has approved
the specific burn;
- For agricultural burning, the appropriate
permit has been obtained from the New Jersey Forest
Fire Service Divisional Headquarters, and from the
local municipality if required; and
- For a campfire, the fire shall be, at
a minimum, within a prepared fire ring at a campground,
and authorized and permitted by the local NJ Forest
Fire Service Fire warden or their designee.
Section II. General Provisions
- 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.
- 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.
- While this drought water emergency remains
in effect, the Borough of Berlin's Well No. 12 shall
not be utilized.
- 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.
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