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NJ DEP
Water Restrictions
Source: NJDEP -- posted March 12, 2002
ADMINISTRATIVE ORDER NO. 2002-05
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., and its implementing rules, N.J.A.C. 7:19, as well as by Executive Order No. 11, issued by
Governor James E. McGreevey on March 4, 2002, hereby order mandatory water use
restrictions, and authorize certain uses and discharges of treated water, as set forth
below. Based upon the current climatic and water supply conditions described below, I have
determined this Order to be necessary to alleviate the water emergency and to be in the
public interest.
Despite the coordinated water
management measures implemented by water suppliers, municipalities, counties and the
State, including transfers of water and reductions in passing flows, and voluntary water
conservation efforts, water use demands remain at levels that cannot be sustained under
current conditions. Rainfall throughout the State has been insufficient to moderate the
severe precipitation shortfall. Despite efforts by New Jersey's residents and businesses
to conserve water, the State continues to be threatened with drought due to a significant
long-term precipitation deficit, compounded by below normal levels in surface and ground
water supplies.
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 are identified in Attachment A [Note for
Internet users: You can perform a search to find out which
municipality is in each drought region, or you can view Attachment A in Adobe Acrobat PDF
format]. While all drought regions have been impacted by the drought, each region has
unique characteristics and variations in hydrogeology, water supply infrastructure and
current water supply sources. As such, restrictions and authorizations set forth by this
Order and any subsequent Order will address specific conditions of each region as
warranted.
SECTION I. Statewide Water Use
Restrictions
Due to the severity of the
continuing drought conditions, all residents, visitors, businesses and government agencies
must fully comply in a cooperative effort to avoid a more serious water shortage and avert
the need for more restrictive measures. Therefore, in accordance with the Water Supply
Allocation Rules at N.J.A.C. 7:19-13.3, I hereby order that the following restrictions and
authorizations apply in all six Drought Regions:
- The serving of water in
restaurants, clubs or eating places is prohibited, unless specifically requested by the
patron.
- The washing of any
vehicles other than fire engines, and HAZMAT vehicles is prohibited, except in the
following cases:
- Washing of vehicles
performed by a commercial enterprise engaged in car washing is permitted, provided the
following requirements are met:
- Vehicles shall not be
pre-rinsed except with recycled water;
- Rinse cycles shall be
forty (40) seconds or less per vehicle. This may be accomplished by increasing conveyor
speeds;
- Additional measures shall
be implemented to minimize water use, such as reducing the size of water nozzles where
possible and plugging all unnecessary out-flows;
- All fixtures and
equipment shall be inspected for leaks on a daily basis. Necessary repairs shall be made
immediately; and
- Water conservation
consciousness shall be encouraged by the Car Wash Operators of New Jersey by the placement
of posters and literature where customers and employees will have access to them; and
- Washing of vehicles at
car dealerships is permitted, provided the following requirements are met:
- Except as set forth in v.
below, vehicles may only be washed just prior to delivery to customers or prior to
placement in display showrooms;
- The amount of water used
shall be the minimum necessary, and rinse time shall be no longer than 2 to 3 minutes;
- All hoses must not leak
and shall be equipped with a hand-held nozzle that automatically shuts off when released;
- Wash and/or rinse water
shall be recycled to the extent practicable; and
- New vehicles at a
dealership may be washed in accordance with the conditions at ii. through iv. above once
per month if necessary to preserve the vehicle's finish.
- Washing of boats at boats
dealerships and marinas is permitted, provided the following requirements are met:
- Except as set forth in v.
and vi. below, boats may only be washed just prior to delivery to customers or prior to
placement in display showrooms;
- The amount of water used
shall be the minimum necessary, and rinse time shall be no longer than 2 to 3 minutes per
area washed;
- All hoses must not leak
and shall be equipped with a hand-held nozzle that automatically shuts off when released;
- Wash and/or rinse water
shall be recycled to the extent practicable;
- Boat bottoms may be
cleaned using a powerwasher in accordance with ii. iii. and iv. above.
- New boats at a dealership
may be washed in accordance with the conditions at ii. through iv. above once per month if
necessary to preserve the boat's finish;
- Boats at a marina may be
washed to remove salt spray and for sanitary reasons;
- Marine engines may be
flushed with fresh water;
- Trailered boats must be
washed at a commercial car wash.
- The use of water for
washing paved surfaces, such as streets, roads, sidewalks, driveways, garages, parking
areas 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
permitted, provided the amount of water used is the minimum necessary;
- Washing of paved surfaces
at eating and drinking establishments is permitted for sanitation purposes, provided the
amount of water used is the minimum necessary;
- Use of water for
municipal street sweeping is permitted, provided that:
- Only non-potable water is
used;
- The amount of water used
is the minimum necessary; and
- An appropriate sign is
prominently displayed on the street sweeping vehicle, clearly indicating that the water
used is non-potable water; and
- Where the municipal or
county health department deems that such washing is necessary to avert a threat to public
health, and provided that the amount of water used is the minimum necessary.
- The use of water for the
flushing of sewers is prohibited, except in the following cases:
- Where non-potable water
is utilized, provided that the amount of water used is the minimum necessary, and provided
that an appropriate sign is prominently displayed, clearly indicating that the water used
is non-potable water; and
- Where the municipal or
county health department deems that flushing is necessary to avert a threat to public
health.
- The use of fire hydrants
is prohibited, except in the following cases:
- As necessary for fire
fighting or fire protection purposes;
- As necessary for testing
or fire drills only if the testing or drill is deemed necessary in the interest of public
safety by the municipal governing body and the applicable water purveyor, and is
specifically approved by the municipal governing body and the applicable water purveyor;
and
- Where a commercial
enterprise has traditionally used water from the hydrant with prior written permission
from the applicable water purveyor, provided that such use is necessary for the
maintenance of the business. If a hydrant is used in this manner, water usage shall be
metered.
- The use of water for
power washing of buildings, vehicles, pavement, or other surfaces is prohibited, except if
the power washing is performed by a commercial enterprise engaged in power washing. A
commercial enterprise performing power washing shall comply with all applicable limits set
forth in this Order relating to specific power washing activities. For example, a
commercial power washing business engaged in washing cars at a car dealership shall comply
with the limits for car washing at car dealerships set forth at 2B 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 watering of lawns is
prohibited except in the following cases:
- Lawn watering is
permitted in order to establish and maintain newly laid sod or newly seeded grass
associated with new construction (this exemption shall not apply to seeding over existing
lawn areas), within the following limits:
- The amount of water used
shall be the minimum necessary to establish and maintain the grass;
- The watering is permitted
for the first 45 days only, starting on the date of planting or of laying the sod.
Documentation of the date of seed planting or sod laying shall be produced upon the
request of the appropriate authorities;
- The watering may occur
only between 6:00 A.M. and 9:00 A.M. and between 5:00 P.M. and 8:00 P.M.; and
- The watering shall not
exceed 45 minutes per area watered on any one day, except that watering may be extended to
one hour per area watered on the day that sod is laid.
- Lawn watering is
permitted immediately following application by a commercial applicator of fertilizer,
pesticide or herbicide, within the following limits:
- The amount of water used
shall be the minimum necessary to ensure the appropriate absorption of the fertilizer,
pesticide or herbicide;
- The watering is permitted
for 2 days only, starting on the date that the chemical is applied. Documentation of the
date of application shall be produced upon the request of the appropriate authorities;
- The watering may occur
only between 6:00 A.M. and 9:00 A.M. and between 5:00 P.M. and 8:00 P.M.;
- The watering shall not
exceed 45 minutes per area watered on any one day; and
- This exemption shall only
be valid for a single chemical application once every three months.
- A commercial landscaper
may water newly seeded or sodded grassed areas during normal seasonal working hours
outside of the hours listed above, by a means designed and operated to assure effective
conservation, provided that:
- Watering is performed in
accordance with 'The Rutgers Cooperative Extension Best Management Practices for Watering
Lawns.'
- During the initial 45 day
grow-in period a sign shall be displayed on the front lawn of the property. The sign shall
be at least four feet wide by four feet high, with lettering large enough to be clearly
visible from the nearest road. The sign shall read:
AUTHORIZED LIMITED WATERING OF NEW LAWN
Company Name
Address
Telephone Number
- Documentation of the
planting date shall be produced upon the request of the appropriate authorities.
- Lawn watering is
permitted if it is necessary for the revegetation of land in order to prevent soil erosion
following earth-moving activities, provided that:
- The amount of water used
shall be the minimum necessary to accomplish the revegetation;
- The activity is a
construction-related project that complies with the "Soil Erosion and Sediment
Control Act" (SESCA), N.J.S.A. 4:24-39 et seq., or meets iii below;
- If the project is not
subject to SESCA (i.e., a single family home or a project of less than 5,000 square feet),
the project must be covered by a construction permit issued by the local municipal
authority;
- The watering is limited
to the disturbed area; and
- Documentation of the
planting date shall be produced upon the request of the appropriate authorities.
- Testing of a customer's
newly installed or newly repaired sprinkler system by a commercial enterprise engaged in
the installation or repair of lawn irrigation systems is permitted, within the following
limits:
- The amount of water used
shall be the minimum necessary to test the sprinkler system;
- The test shall be limited
to a maximum of ten (10) minutes per sprinkler zone; and
- During the period of the
test a sign shall be displayed on the front lawn of the property. The sign shall be at
least four feet wide by four feet high, with lettering large enough to be clearly visible
from the nearest road. The sign shall read:
AUTHORIZED LIMITED TESTING OF SPRINKLER SYSTEM
Company Name
Address
Telephone Number
- All lawn watering
authorized herein shall use the minimum amount of water necessary.
- All lawn watering
authorized herein shall be performed in such a way that no puddling or runoff of water
occurs; and
- All lawn watering
authorized herein shall be performed in such a way that no paved surfaces are included in
the area watered.
- The watering of
vegetation other than lawns is prohibited, except that the watering of trees, shrubs, and
vegetable or flower gardens is permitted, using the minimum amount of water necessary,
within the following limits:
- The water shall be
applied with one of the following:
- A watering can; or
- A hose that does not
leak, and is equipped with a hand-held nozzle that automatically shuts off when released.
- All watering authorized
herein shall use the minimum amount of water necessary.
- All watering authorized
herein shall be performed in such a way that no puddling or runoff of water occurs; and
- All watering authorized
herein shall be performed in such a way that no paved surfaces are included in the area
watered.
- Watering of athletic
playing fields, including those used by professional, college/university and youth league
sports teams, as well as those owned or operated by public and private schools and parks,
is permitted within the following limits:
- Watering may occur only
between 8:00 P.M. and 6:00 A.M.;
- Watering may not exceed
45 minutes per area watered on any one day;
- No grass or dirt areas
outside of the essential playing area may be watered;
- Under no circumstances
shall a water cannon be used; and
- Water conservation
measures shall be instituted to the maximum extent practicable.
- The watering of
agricultural food crops, sod at commercial sod farms, and the watering of nursery stock at
nurseries or retail outlets is permitted and is exempt from restrictions at this time,
provided that all watering is done in accordance with best management practices, and :
- The use and diversion
from all sources is less than 70 gallons per minute; and
- B. Any use and diversion
of 70 gallons per minute or more is authorized by an approved Agricultural Certification
or Agricultural Water Use Registration.
- The use of water for
outdoor recreational purposes, not covered by paragraph 10, is prohibited, except that:
- Golf courses covered by a
valid Department Water Allocation Permit or Water Use Registration may use water within
the following limits:
- For tees, greens, and
fairways, watering by sprinkler or other conserving mechanical means is permitted between
9:00 P.M. and 6:00 A.M, provided that the amount of water used is the minimum necessary
for vegetation survival;
- Syringing (hot spot
watering) with a hand held hose is permitted between 11:00 A.M. and 4:00 P.M., provided
that no area is watered for more than 10 minutes per day;
- If seeding or resodding
is necessary, newly seeded or sodded fairways may be watered between 9:00 A.M. and 4:00
P.M., provided that no area may be watered for more than 45 minutes on any given day;
- Rough or other grass
areas not addressed above may not be watered by any means;
- Under no circumstances
shall a water cannon be used;
- Watering shall be done in
accordance with 'The Rutgers Cooperative Extension Best Management Practices for Golf
Courses'; and
- Under no circumstances
shall total monthly cumulative water use exceed 50% of either the monthly allocated water
for that golf course, or the average utilization rate the past 5 years, whichever is
lower, based on the permit or registration issued by the Department,. Metered usage from
all water sources shall be submitted to the Department' Bureau of Water Allocation on a
monthly basis, within 7 days of the end of the calendar month.
- Golf courses that use
treated wastewater only for irrigation are exempt from these restrictions.
- Watering of clay tennis
courts is permitted, using sprinklers or hand-held watering devices, provided that
watering occurs for no more than 10 minutes per day, between 8:00 P.M. and 6:00 A.M.
and/or between 12:00 noon and 3:00 P.M.
- Filling of public and
private swimming pools, including but not limited to, outdoor hot tubs, spas and 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 pool is filled prior to May 1, 2002, the water is not taken from the local
municipal water purveyor;
- The one-time draining and
subsequent refilling of a swimming pool for repairs is permitted, provided that such
repair is necessary to preserve the structural integrity of the pool and/or its supporting
infrastructure. 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 iv.
below;
- Partial draining of a
pool is permitted to facilitate winterization and covering, provided the draining is the
minimum necessary;
- 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; and
- Topping of pools (that
is, adding water to a partially filled pool) is permitted, provide that the amount of
water used is the minimum necessary to maintain the integrity of the pool's circulation
and filtration system(s).
- AUTHORIZATION for use of
non-potable water: In order to promote the use of non-potable water as an alternate source
for activities currently supplied by potable sources, where appropriate and consistent
with the purposes of this Order, I hereby authorize domestic treatment works to make
available, for temporary use, treated effluent which meets all of its New Jersey Pollutant
Discharge Elimination Systems (NJPDES) permit requirements, as a substitute for potable
water sources, provided all of the following criteria are met:
- The domestic treatment
works must be in compliance with its existing NJPDES discharge permit;
- Prior to allowing the
re-use of its effluent, the treatment works must obtain written approval from the
Department's Division of Water Quality. The written approval must be issued after the
effective date of this Order;
- Any decrease in the
treatment works' effluent discharge into a receiving water body, caused by re-use of
effluent, shall not jeopardize the base flow of the receiving water, nor shall it impact
downstream natural resources or water supply withdrawals;
- 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.
- Prior approvals for reuse
where authorized in a NJPDES permit remain valid except where the treatment plant
discharge is upstream of an area for which the Department has established a minimum
required passing flow for the receiving water body, which is not being met. In those
cases, prior approvals are revoked for the duration of the declared water emergency.
- Where treated effluent is
in use, signs shall be posted informing the public that the water being applied is treated
effluent;
- Domestic treatment works
shall maintain a list of users of treated effluent. The list shall include the name of the
user, date of pickup, number of gallons used, and the location and means of disposal; and
- Reuse of treated effluent
shall not be considered a basis for increasing permitted capacity for a treatment works.
- AUTHORIZATION for certain
temporary emergency discharges: the Department may authorize a discharge to the surface
and/or ground waters of the State if a water treatment facility finds such a discharge
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. No discharge
shall begin until the Department's authorization has been issued. The water treatment
facility must submit an application for a discharge permit to the Department within ten
calendar days after receiving the emergency authorization to begin the discharge.
Section II. Watering
Exemptions for the Central and Coastal North Drought Regions
In the Central and Coastal North
Drought Regions, the prohibitions on watering lawns, vegetation other than lawns (trees,
shrubs, flower and vegetable gardens), and athletic playing fields as identified in
subsections I.8.,I.9., and I.10. above do not apply . Accordingly, watering otherwise
prohibited by those subsections is permitted on an "odd-even" basis. Watering
can occur on even numbered days on the side of the street with even numbered street
addresses, and on odd numbered days on the side of the street with odd numbered street
addresses. For locations without street addresses watering can occur no more frequently
that every other day.
Section III. General
Provisions Applicable Statewide
- For the purpose of this
order commercial enterprise means: A person, proprietorship, partnership, corporation or
other form of business enterprise, regularly engaged in an activity for profit.
- Within thirty (30) days,
all commercial enterprises that use more than 100,000 gallons of water per day from any
source must prepare drought emergency contingency plans. Such plans shall identify the
water sources used; a description of the processes at each facility using water; and a
plan of action to reduce water use beyond the requirements of this Order by 10 percent, 20
percent, 30 percent, 40 percent, and 50 percent. If such reductions become necessary, such
plans shall be submitted to:
Drought Coordinator
Water Supply Administration
P.O. Box 426
Trenton, New Jersey 08625-0426
- Public showers and
commercial establishments with showers must retrofit those showers with low flow
showerheads or install flow restrictors.
- All open burning permits
are hereby held in abeyance, and open fires are prohibited throughout the State of New
Jersey.
- All aquifer pumping tests
are prohibited for the duration of this water emergency, unless:
- The test is associated
with a groundwater remediation project; or
- The test is associated
with 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.
- The Department is hereby
holding in abeyance final decisions on all pending Green Acres applications for diversions
and or disposals under N.J.A.C. 7:36.
- The Department is hereby
holding in abeyance final decisions on issuance of all new or modified Water Allocation
Permits under N.J.A.C. 7:19.
- Each State agency shall
develop a water conservation plan that outlines specific measures that the State agency
will take to reduce water consumption at State facilities, as well as water consumption
resulting from activities undertaken as part of the normal operational functions of the
State agency. The water conservation plan shall seek to identify conservation measures
significantly above and beyond the most severe restrictions being imposed upon the public
through this Administrative Order. The first draft of said plan shall be completed and
submitted for review by the Drought Coordinator by April 19, 2002.
- These restrictions and
authorizations shall apply equally to all water users in the affected regions, 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.
- 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. All previous Orders issued by me shall
remain in effect, except to the extent that they conflict with this Order.
Date:
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_________________________________
Bradley M. Campbell
Commissioner
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