Microsoft Word - NJ SDWA Rule Text June 1 2020 Courtesy Copy

NOTE: THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT’S RULES

ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

N.J.A.C. 7:10

Safe Drinking Water Act Rules

Statutory authority: N.J.S.A. 13:1D-1 et seq., 58:11-9.1 et seq., 58:11-23 et seq., and 58:12A-1 et seq.

Date last amended: June 1, 2020

For regulatory history and effective dates, see the New Jersey Administrative Code

Table of Contents

SUBCHAPTER 1. GENERAL PROVISIONS ....................................................................................... 1

7:10-1.1 Authority ................................................................................................................................... 1

7:10-1.2 Scope, applicability and purpose ............................................................................................... 1

7:10-1.3 Definitions ................................................................................................................................. 1

7:10-1.4 Procedures for inspections and sanitary surveys of water systems ........................................... 7

7:10-1.5 Severability ................................................................................................................................ 7

SUBCHAPTER 2. GENERAL REQUIREMENTS ............................................................................... 7

7:10-2.1 Department inventory of public water systems ......................................................................... 7

7:10-2.2 Department recordkeeping and reporting .................................................................................. 8

7:10-2.3 Plan for the provision of potable water in emergencies ............................................................ 8

7:10-2.4 Reporting of changes to plants and emergencies ...................................................................... 8

7:10-2.5 Ban on further connections to over-extended or otherwise inadequate systems ....................... 8

7:10-2.6 Program information ................................................................................................................. 8

7:10-2.7 Managerial and technical competence of water systems........................................................... 9

SUBCHAPTER 3. CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR

ADJUDICATORY HEARINGS .............................................................................................................. 9

7:10-3.1 Scope ......................................................................................................................................... 9

7:10-3.2 Authority ................................................................................................................................. 10

7:10-3.3 Procedures for issuing an administrative order pursuant to the State Act............................... 10

7:10-3.4 Procedures for assessment, settlement and payment of civil administrative penalties for

violations ................................................................................................................................................ 10

7:10-3.5 Procedures to request an adjudicatory hearing to contest an administrative order and/or a

notice of civil administrative penalty assessment; procedures for conducting adjudicatory hearings .. 11

7:10-3.6 Civil administrative penalties for violation of the State Act--general..................................... 12

7:10-3.7 Civil administrative penalty for failure to pay a fee ................................................................ 15

7:10-3.8 Civil penalties for violations of the State Act ......................................................................... 15

7:10-3.9 Civil actions for violations of the State Act ............................................................................ 16

7:10-3.10 Economic benefit ................................................................................................................... 16

SUBCHAPTER 4. DISINFECTION ..................................................................................................... 16

7:10-4.1 Disinfection ............................................................................................................................. 16

SUBCHAPTER 5. STATE PRIMARY DRINKING WATER REGULATIONS ............................ 17

7:10-5.1 Applicability of National Regulations ..................................................................................... 17

7:10-5.2 Discretionary changes to National Regulations ...................................................................... 17

7:10-5.3. Analytical requirements ........................................................................................................ 24

NOTE: THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT’S RULES

ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

7:10-5.4 Reporting requirements ........................................................................................................... 24

7:10-5.5 Public notification ................................................................................................................... 25

7:10-5.6 Recordkeeping ......................................................................................................................... 25

7:10-5.7 Remediation requirements and procedures ............................................................................. 26

7:10-5.8 State-specific requirements for total coliform ......................................................................... 26

Subchapter 6. (RESERVED)................................................................................................................. 31

SUBCHAPTER 7. STATE SECONDARY DRINKING WATER REGULATIONS ...................... 31

7:10-7.1 Authority, purpose and scope .................................................................................................. 31

7:10-7.2 Recommended upper limits and optimum ranges for physical, chemical and biological

characteristics in drinking water ............................................................................................................ 31

7:10-7.3 Monitoring ............................................................................................................................... 32

7:10-7.4 Public notification ................................................................................................................... 33

SUBCHAPTER 8. DRINKING WATER ADDITIVES ...................................................................... 33

7:10-8.1 Purpose and scope ................................................................................................................... 33

7:10-8.2 Drinking water additives ......................................................................................................... 33

SUBCHAPTER 9. SURFACE WATER TREATMENT REQUIREMENTS ................................... 34

7:10-9.1 Purpose and scope ................................................................................................................... 34

7:10-9.2 Discretionary changes to national surface water treatment requirements ............................... 35

7:10-9.3 Determination of ground water sources to be evaluated for direct influence of surface water

............................................................................................................................................................... 35

7:10-9.4 Monitoring requirements and criteria for determination for ground water sources under the

direct influence of surface water ............................................................................................................ 36

7:10-9.5 Surface water treatment plant reporting requirements ............................................................ 38

7:10-9.6 Additional requirements .......................................................................................................... 38

SUBCHAPTER 10. PHYSICAL CONNECTIONS AND CROSS CONNECTION CONTROL BY

CONTAINMENT .................................................................................................................................... 40

7:10-10.1 Purpose and scope ................................................................................................................. 40

7:10-10.2 General provisions and prohibitions...................................................................................... 40

7:10-10.3 Approved physical connection installation requirements ..................................................... 41

7:10-10.4 Installation ............................................................................................................................. 43

7:10-10.5 Physical connection permit application and renewal procedures .......................................... 44

7:10-10.6 Inspection and testing requirements and procedures for physical connection installations .. 47

7:10-10.7 Physical connection permit modifications; termination of physical connection permits on

removal of physical connection installations ......................................................................................... 52

7:10-10.8 Requirements for approval as a certifying agency ................................................................ 53

7:10-10.9 Cross-connection control by containment ............................................................................. 55

7:10-10.10 Requests for adjudicatory hearings ..................................................................................... 55

APPENDIX A ........................................................................................................................................ 55

APPENDIX B ........................................................................................................................................ 58

SUBCHAPTER 11. STANDARDS FOR THE CONSTRUCTION OF PUBLIC COMMUNITY

WATER SYSTEMS ................................................................................................................................ 58

7:10-11.1 Purpose and scope ................................................................................................................. 59

7:10-11.2 Penalties................................................................................................................................. 59

7:10-11.3 Deviations from construction standards ................................................................................ 59

7:10-11.4 Additional definitions and general provisions....................................................................... 59

7:10-11.5 Permit requirement; application contents .............................................................................. 61

NOTE: THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT’S RULES

ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

iii

7:10-11.6 General requirements for source, treatment, storage and distribution components .............. 70

7:10-11.7 Standards for the construction and development of ground water sources ........................... 73

7:10-11.8 Standards for the construction and development of surface water sources and ground water

sources under the direct influence of surface water ............................................................................... 78

7:10-11.9 Standards for the construction of pumping stations .............................................................. 80

7:10-11.10 Permit requirements and standards for the construction of distribution systems; master

permits ................................................................................................................................................... 81

7:10-11.11 Distribution storage requirements ....................................................................................... 84

7:10-11.12 Chemical handling and chemical feed systems ................................................................... 86

7:10-11.13 Pretreatment requirements ................................................................................................... 88

7:10-11.14 Filtration .............................................................................................................................. 91

7:10-11.15 Miscellaneous treatment processes ..................................................................................... 93

7:10-11.16 Disinfection of public community water system water supplies ......................................... 98

7:10-11.17 Requests for adjudicatory hearings ................................................................................... 101

SUBCHAPTER 12. STANDARDS FOR THE CONSTRUCTION OF PUBLIC

NONCOMMUNITY WATER SYSTEMS AND NONPUBLIC WATER SYSTEMS ................... 103

7:10-12.1 Authority and scope............................................................................................................. 103

7:10-12.2 Penalties............................................................................................................................... 103

7:10-12.3 Additional definitions .......................................................................................................... 103

7:10-12.4 General provisions and prohibitions.................................................................................... 108

7:10-12.5 Deviations from construction standards .............................................................................. 109

7:10-12.6 Water volume requirements ................................................................................................ 110

7:10-12.7 Sources of water .................................................................................................................. 111

7:10-12.8 Frost protection.................................................................................................................... 112

7:10-12.9 Physical connection ............................................................................................................. 112

7:10-12.10 Priming systems ................................................................................................................ 112

7:10-12.11 Disinfection of water system components ......................................................................... 112

7:10-12.12 Minimum distance requirements ....................................................................................... 113

7:10-12.13 (Reserved) ......................................................................................................................... 113

7:10-12.14 (Reserved) ......................................................................................................................... 113

7:10-12.15 (Reserved) ......................................................................................................................... 113

7:10-12.16 (Reserved) ......................................................................................................................... 113

7:10-12.17 (Reserved) ......................................................................................................................... 113

7:10-12.18 (Reserved) ......................................................................................................................... 113

7:10-12.19 (Reserved) ......................................................................................................................... 113

7:10-12.20 (Reserved) ......................................................................................................................... 113

7:10-12.21 (Reserved) ......................................................................................................................... 113

7:10-12.22 Test for yield and submission of well report ..................................................................... 113

7:10-12.23 Springs ............................................................................................................................... 114

7:10-12.24 Cisterns and dug wells ....................................................................................................... 114

7:10-12.25 Surface water sources ........................................................................................................ 114

7:10-12.26 (Reserved) ......................................................................................................................... 115

7:10-12.27 (Reserved) ......................................................................................................................... 115

7:10-12.28 (Reserved) ......................................................................................................................... 115

7:10-12.29 (Reserved) ......................................................................................................................... 115

7:10-12.30 Water quality analysis and treatment ................................................................................ 115

NOTE: THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT’S RULES

ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

7:10-12.31 Chemical handling and chemical feed systems ................................................................. 117

7:10-12.32 Disinfection of public noncommunity and nonpublic water systems ............................... 118

7:10-12.33 Chemical and physical treatment ...................................................................................... 119

7:10-12.34 General requirements for storage of finished water .......................................................... 121

7:10-12.35 Required storage capacity ................................................................................................. 122

7:10-12.36 General requirements for distribution systems .................................................................. 123

7:10-12.37 Capacity and size of service lines...................................................................................... 123

7:10-12.38 Water crossings ................................................................................................................. 123

7:10-12.39 General requirements for the certification of new, altered or replacement nonpublic or

public noncommunity water systems ................................................................................................... 123

7:10-12.40 Additional requirements for the certification of single dwelling nonpublic water systems

and other nonpublic water systems ...................................................................................................... 125

7:10-12.41 Additional requirements for the certification of public noncommunity water systems .... 126

7:10-12.42 Requirements for certification by the Department of water supply systems for 50 or more

realty improvements ............................................................................................................................ 126

7:10-12.43 Requests for adjudicatory hearings ................................................................................... 128

SUBCHAPTER 13. STANDARDS FOR TECHNICAL, MANAGERIAL, AND FINANCIAL

CAPCITY OF PUBLIC COMMUNITY AND NONCOMMUNITY WATER SYSTEMS ........... 128

7:10-13.1 Purpose and scope ............................................................................................................... 128

7:10-13.2 Additional definition ........................................................................................................... 128

7:10-13.3 Demonstration of technical capacity for community water systems ................................... 129

7:10-13.4 Demonstration of managerial and financial capacity for community water systems .......... 129

7:10-13.5 Demonstration of technical capacity for public nontransient noncommunity water systems

............................................................................................................................................................. 131

7:10-13.6 Demonstration of managerial and financial capacity for nontransient noncommunity water

systems ................................................................................................................................................. 133

7:10-13.7 Public water systems under the jurisdiction of the Department of Community Affairs or

under the jurisdiction of the Board of Public Utilities ......................................................................... 135

Subchapter 14. (RESERVED) ............................................................................................................ 135

SUBCHAPTER 15. FEES .................................................................................................................... 135

7:10-15.1 Purpose and scope ............................................................................................................... 135

7:10-15.2 Payment of fees ................................................................................................................... 136

7:10-15.3 Calculation of permit application review fees ..................................................................... 136

7:10-15.4 Calculation of annual operation fees ................................................................................... 137

7:10-15.5 Fees for physical connection permits .................................................................................. 138

NOTE: THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT’S RULES

ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

SUBCHAPTER 1. GENERAL PROVISIONS

7:10-1.1 Authority

These rules are promulgated pursuant to the New Jersey Safe Drinking Water Act, N.J.S.A. 58:12A-1 et

seq., as amended; the Subsurface and Percolating Waters Act, N.J.S.A. 58:4A-4.1 et seq.; the Realty Im-

provement Sewerage and Facilities Act, N.J.S.A. 58:11-23 et seq.; the Water Supply Management Act,

N.J.S.A. 58:1A-1 et seq.; and N.J.S.A. 58:11-9.1 et seq.

7:10-1.2 Scope, applicability and purpose

These rules implement New Jersey's Safe Drinking Water Program for the purpose of ensuring the provi-

sion of safe drinking water to consumers, and enabling the Department to assume primary enforcement

responsibility under the Federal Safe Drinking Water Act, P.L. 93-523, 42 U.S.C. §§ 300f et seq. The

Safe Drinking Water Program also ensures the provision of safe water of adequate pressure and volume

by implementing portions of the Water Supply Management Act addressing storage, emergency plans and

reducing unaccounted for water (water lost in the distribution system); and by issuing physical connection

permits under the N.J.S.A. 58:11-9.1 et seq.; and by establishing standards for construction and procedures

for certifications, under the Reality Improvement, Sewerage and Facilities Act, N.J.S.A. 58:11-23 et seq.

7:10-1.3 Definitions

The following words and terms, when used in this chapter, shall have the following meanings unless the

context clearly indicates otherwise. Additional definitions specifically applicable to N.J.A.C. 7:10-11, 12

and 13 are set forth at N.J.A.C. 7:10-11.4, 12.3 and 13.2, respectively.

"Action level" means the concentration of lead or copper in water specified in the National Regulations

at 40 CFR 141.80 (c) which determines, in some cases, the treatment requirements set forth at 40

CFR 141.81, 141.82 and 141.83 that a water system is required to complete.

"Acute violation" means an exceedance of an MCL for a contaminant, for example, fecal coliform or

nitrates, that is likely to have immediate health effects.

"Additive" means any substance specifically formulated to be added to a water system during the water

treatment process to achieve applicable drinking water standards.

"Administrator" means the Administrator of the United States Environmental Protection Agency or

his or her authorized representative.

"Administrative authority" means the County Environmental Health Act (CEHA) certified agency or

the local board of health having jurisdiction. When water systems serve county, State, and/or Fed-

eral facilities, the administrative authority shall mean the Bureau of Safe Drinking Water in the

Department.

"Air gap" means, in a water distribution system, the unobstructed vertical distance through the free

atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumb-

ing fixture or any other device and the flood level rim of the receptor.

NOTE: THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT’S RULES

ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

"Annual operation fee" means the annual fee assessed to each public community water system includ-

ing each holder of a permit to construct a public community water system issued pursuant to

N.J.A.C. 7:10-11 and each recipient of an approval to construct a public noncommunity water

system or a public nontransient noncommunity water system issued pursuant to N.J.A.C. 7:10-12.

"Annual physical connection renewal fee" means the fee assessed for the annual renewal of a physical

connection permit pursuant to N.J.A.C. 7:10-10.

"ANSI" means the American National Standards Institute.

"Approved physical connection installation" means a double check valve assembly or a reduced pres-

sure zone backflow preventer assembly which is designed, installed and tested in accordance with

N.J.A.C. 7:10-10.

"Backflow prevention device" means either a double check valve assembly or a reduced pressure zone

assembly used for the purpose of preventing water flow in the opposite direction of normal flow

pattern.

"Bulk distribution system" means a water system that sells water wholesale in bulk quantities to public

community water systems for resale to consumers.

"Bulk purchase system" means a water system that buys all of its treated water from another water

system(s) and has no water source(s) of its own.

"Bypass" means a secondary pipe or conduit connected to the main pipe or conduit for the purpose of

conducting water around a valve, fixture, device, pump station or treatment process.

"Certified laboratory" means a laboratory certified by the Department pursuant to the Regulations

Governing Laboratory Certification and Standards of Performance, N.J.A.C. 7:18, to conduct test-

ing for contaminants regulated under the State Act.

"Cistern" means a tank for the collection of rain water draining from a roof or roofs, which water is

intended to be used for potable purposes.

"Commissioner" means the Commissioner of the Department of Environmental Protection or his or

her designated representative.

"Confined aquifer" means an aquifer which contains ground water under pressure between or below

relatively impermeable or significantly less permeable material so that the water surface rises

above the top of the aquifer in a well which derives its water from that aquifer.

"Consolidated aquifer" means an aquifer contained within a rock formation.

"Construction material" means any building material typically used in the construction of water system

facilities, including but not limited to concrete, mortar, grout, steel, ductile iron, copper, brass or

zinc.

"Contaminant" means any physical, chemical, biological or radiological substance in water.

"County" means any county or agency or instrumentality of one or more thereof.

"Cross-connection" means any actual or potential connection between a public water system and a

source of contamination, such as industrial process water or an irrigation system.

"Department" means the Department of Environmental Protection.

NOTE: THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT’S RULES

ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

"Dependable yield" means that maintainable yield of water from a surface or ground water source(s)

which is available continuously during projected future conditions, including a repetition of the

most severe drought of record, without creating undesirable effects, as determined by the Depart-

ment.

"Detectable disinfectant residual" means a chlorine residual of at least 0.05 mg/l (free chlorine, com-

bined chlorine or chlorine dioxide), or a heterotrophic plate count of 500/ml or less, at the point of

collection.

"Distribution system" means all pipes and conveyances from a well or water treatment plant, including

storage facilities.

"Double check valve assembly" means a backflow prevention device consisting of two independently

acting soft-seated check valves, internally force loaded to a normally closed position between two

tightly closing shut-off valves, and with means of testing for tightness. A double check valve as-

sembly includes a double check valve detector assembly for the purposes of this chapter.

"Dug well" means a water table well that is excavated by means of picks, shovels, or similar hand-

tools.

"Entry point" means a point in the distribution system where treated water from a treatment plant

enters into the distribution system.

"Facility with cross-connection hazards" means a facility that is served by a public community water

system and that contains a chemical substance or solution, uses a chemical, physical or biological

process, or uses water in a manner that might contaminate the public community water system by

way of a cross-connection. Examples of such facilities are listed in Appendix A and incorporated

herein by reference.

"Federal Act" means the Safe Drinking Water Act, P.L. 93-523, 42 U.S.C. §§ 300f et seq., as amended.

"Federal agency" means any department, agency or instrumentality of the United States.

"Filtration avoidance criteria" means criteria specified in the National Primary Drinking Water Regu-

lations, 40 CFR 141.71, establishing specific requirements for source water quality conditions and

site-specific conditions for a public water system to avoid filtering its surface water source or its

ground water source under the direct influence of surface water.

"First offense" means a violation for which there is no prior similar violation.

"Ground water" means the portion of water beneath the land surface that is within the saturated zone,

in which all the subsurface voids in the rock or soil are filled with water.

"Initial physical connection permit fee" means the fee assessed for an initial physical connection per-

mit pursuant to N.J.A.C. 7:10-10.

"Interconnection" means a water supply connection with another water system or systems.

“Licensed operator” has the same meaning as the definition of the term in the Licensing of Water

Supply and Wastewater Treatment System Operators rules at N.J.A.C. 7:10A-1.2.

NOTE: THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT’S RULES

ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

"Low risk formation" means:

1. An aquifer which the Department determines to be confined by an overlying layer or bed of

distinctly lower permeability, based upon an acceptable pump test report, or on published re-

ports and/or technical memoranda of the New Jersey Geological Survey or published reports

of the U.S. Geological Survey; or

2. An unconsolidated geologic formation, in which the raw water source is a well screened at a

depth of at least 200 feet.

"Maximum contaminant level" or "MCL" means the maximum permissible level of a contaminant in

water measured at the point of entry to the distribution system or at the free-flowing outlet of the

ultimate user of a public water system or other water system to which State primary drinking water

regulations apply. Any contaminant added to the water under circumstances controlled by the user,

except a contaminant resulting from corrosion of piping and plumbing caused by water quality, is

excluded from this definition.

"MCL violation" means exceedance of an MCL for any contaminant regulated under N.J.A.C. 7:10-

5, where such exceedance has been determined by specific procedures as established under the

National Regulations.

"Method detection limit" or "MDL" means the minimum concentration of a contaminant, determined

pursuant to 40 CFR 136 (Appendix B) or N.J.A.C. 7:18, that can be measured and reported with

99 percent confidence as an analytical result greater than zero.

"MGD" means million gallons per day.

"Municipality" means any city, town, township, borough or village or any agency or instrumentality

of one or more thereof.

"National primary drinking water regulations" or "National Regulations" means the current primary

drinking water regulations promulgated at 40 CFR Part 141 by the Administrator pursuant to the

Federal Act, as such regulations are amended or supplemented from time to time.

"Nonpublic water system" means a water system that is not a public water system. A nonpublic water

system includes any water system providing potable water to individual dwellings, and any water

system regularly serving fewer than 15 service connections and fewer than 25 individuals.

"NSF" means National Sanitation Foundation International, Ann Arbor, Michigan.

"Permit application review fee" means the application fee assessed for a permit to construct a public

community water system in accordance with N.J.A.C. 7:10-11.

"Person" means any individual, corporation, company, firm, association, joint stock company, part-

nership, consortium, joint venture, commercial or any other legal entity, municipality, State agency

or Federal agency.

"Physical connection" means a connection between a public community water system and any unap-

proved water supply.

"Physical connection permit" means the permit issued pursuant to N.J.A.C. 7:10-10.

"Population served" means the population determined during the Department's most recent inspection

and/or sanitary survey conducted pursuant to N.J.A.C. 7:10-1.4.

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ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

"Potable water" means any water used, or intended to be used, for drinking and culinary purposes

which is free from impurities in amounts sufficient to cause disease or harmful physiological ef-

fects, with the bacteriological and chemical quality conforming to applicable standards.

"Primary drinking water regulation" means a regulation which:

1. Applies at a minimum to public water systems;

2. Specifies contaminants which, in the judgment of the Department, may have adverse effect on

the health of persons;

3. Specifies for each such contaminant either a maximum contaminant level if, in the judgment

of the Department, it is economically and technologically feasible to ascertain the level of such

contaminant in water in public water systems, or if, in the judgment of the Department, it is

not economically and technologically feasible to ascertain the level of such contaminant, each

treatment technique known to the Department which leads to a reduction in the level of such

contaminant sufficient to satisfy the requirements of Section 4 of the State Act; and

4. Contains criteria and procedures to assure a supply of drinking water which dependably com-

plies with such maximum contaminant levels, including quality control, sampling frequencies,

and testing procedures to insure compliance with such levels and to insure proper operation

and maintenance of the system, and requirements as to the minimum quality of water which

may be taken into the system, and siting for new facilities for public water systems.

"Prior similar violation" means, for any given violation, a previous violation that:

1. Is within the same category of violation listed in N.J.A.C. 7:10-3.6(d)1, (d)2 or (d)3;

2. Has been cited by the Department in an administrative order and/or notice of civil administra-

tive penalty assessment issued to the violator; and

3. Was not corrected within the amount of time stated in the administrative order and/or notice

of civil administrative penalty assessment.

“Professional engineer” has the same meaning as the definition of the term in the State Board of Pro-

fessional Engineers and Land Surveyors rules at N.J.A.C. 13:40-1.3.

"Project construction cost" means the total estimated cost of construction contained in the engineer's

report submitted as part of the application for a permit to construct a public community water

system under N.J.A.C. 7:10-11, excluding engineering, legal fees, financial fees and land acquisi-

tion costs.

"Public community water system" means a public water system which serves at least 15 service con-

nections used by year-round residents or regularly serves at least 25 year-round residents.

"Public noncommunity water system" means a public water system that is not a public community

water system and is either a "public nontransient noncommunity water system" or a "public tran-

sient noncommunity water system" as defined in this section.

"Public nontransient noncommunity water system" means a public water system that is not a public

community water system and that regularly serves at least 25 of the same persons for more than

six months in any given calendar year.

NOTE: THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT’S RULES

ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

"Public transient noncommunity water system" means a public water system that is not a public com-

munity or a public nontransient noncommunity water system and that serves at least 25 transient

individuals for at least 60 days in any given calendar year.

"Public water system" means a system for the provision to the public of water for human consumption

through pipes or other constructed conveyances, if such system has at least 15 service connections

or regularly serves an average of at least 25 individuals daily for at least 60 days out of the year.

Such term includes any collection, treatment, storage and distribution facilities under control of

the operator of such system and used primarily in connection with such system, and any collection

or pretreatment storage facilities not under such control which are used primarily in connection

with such system. A public water system is either a "public community water system" or a "public

noncommunity water system" as defined in this section.

“Pump installer” has the same meaning as the definition of the term in the Well Construction and

Maintenance; Sealing of Abandoned Wells rules at N.J.A.C. 7:9D-1.5.

"Raw water" means untreated ground or surface water.

"Reduced pressure zone backflow preventer assembly" means a backflow prevention device which

consists of two independently acting soft-seated check valves, internally force loaded to a normally

closed position and separated by an intermediate chamber (or zone) in which there is an automatic

relief port, which vents to atmosphere, internally loaded to a normally open position between two

tightly closing shut-off valves, and which has means for testing the tightness of the check valves

and opening of the relief port. A reduced pressure zone backflow preventer assembly includes a

reduced pressure zone detector assembly for the purposes of this chapter.

"Safe Drinking Water Program" means the regulatory activities conducted by the Department to carry

out the provisions and purposes of the State Act and portions of the Water Supply Management

Act, N.J.S.A. 58:1A-1 et seq., addressing the provisions of adequate storage, emergency plans,

and reducing the amount of unaccounted for water. The program also carries out regulatory activ-

ities of N.J.S.A. 58:11-9.1 et seq. controlling the interconnections between public community wa-

ter systems and unapproved water systems, and establishes standards for construction and proce-

dures for certifications pursuant to the Reality Improvement, Sewerage and Facilities Act, N.J.S.A.

58:11-23 et seq.

"Sanitary survey" means an on-site review by an authorized representative of the Department of the

source(s), facilities, equipment, operation and maintenance of a public or nonpublic water system

for the purpose of evaluating the adequacy of the source(s), facilities, equipment, operation and

maintenance for producing and distributing safe drinking water with adequate pressure and vol-

ume.

“Seasonal water system” means a public noncommunity water system that is not operated as a public

water system on a year-round basis and starts up and shuts down in its entirety or in part at the

beginning and end of each operating season.

"Second offense" means a violation for which there is only one prior similar violation.

"Secondary drinking water regulation" means a regulation applying to one or more water systems, and

which specifies the recommended upper limits or optimum ranges of contaminants that are neces-

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sary to protect the public welfare. A secondary drinking water regulation may apply to any con-

taminant in drinking water which may adversely affect the taste, odor, or appearance of such water

or which may otherwise adversely affect the public welfare.

"Spring" means a natural surface feature where ground water issues from the rock or soil onto the land

or into a body of water.

"State Act" means the New Jersey Safe Drinking Water Act, N.J.S.A. 58:12A-1 et seq., as amended.

"State-regulated contaminant" means a contaminant for which the Department has set MCL and mon-

itoring requirements, independent of the National Regulations, as mandated by the State Act.

"Supplier of water" means any person who owns or operates a public water system.

"Surface water" means water at or above the land's surface, which is neither ground water nor con-

tained within the unsaturated zone, including, but not limited to, the ocean and its tributaries, all

springs, streams, rivers, lakes, ponds, wetlands and artificial waterbodies.

"Third or subsequent offense" means a violation for which there are at least two prior similar viola-

tions.

"Unapproved water supply" means any source of water which is not part of a public community water

system.

"Unconfined aquifer" means an aquifer that is either exposed to atmospheric pressure or bounded by

layers of materials which do not serve as an effective barrier to water migration.

"Water system" means a system for providing potable water to any person.

“Well driller” has the same meaning as the definition of the term in the Well Construction and Mainte-

nance; Sealing of Abandoned Wells rules at N.J.A.C. 7:9D-1.5.

7:10-1.4 Procedures for inspections and sanitary surveys of water systems

(a) An authorized Department representative(s) may conduct an on-site inspection and/or sanitary survey

of any water system, and any component part thereof, and may take samples, and inspect, copy or

photograph any records required to be kept pursuant to this chapter.

(b) The Department representative(s) conducting an inspection or sanitary survey pursuant to (a) above

shall carry identification, and shall present it upon request.

7:10-1.5 Severability

If any provision of this chapter or the application thereof to any person or circumstances is held invalid,

such invalidity shall not affect other provisions or applications, and to this end, the provisions of this

chapter are declared to be severable.

SUBCHAPTER 2. GENERAL REQUIREMENTS

7:10-2.1 Department inventory of public water systems

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(a) The Department, through the Bureau of Safe Drinking Water, shall at all times maintain a current

inventory of all public water systems in the State, and all changes in said inventory shall be reported

to the Administrator by January 1 of each year.

(b) Whenever a public water system is established or abandoned, the owner shall so notify the Department

in writing.

7:10-2.2 Department recordkeeping and reporting

The Department, through the Bureau of Safe Drinking Water, shall keep such records, in such a manner,

and for such times as shall be required under the National Regulations, 40 CFR 142, and shall submit each

report to the Administrator and make each report available to the public as required under 40 CFR 142.

7:10-2.3 Plan for the provision of potable water in emergencies

The Department shall prepare and maintain, within the Bureau of Safe Drinking Water, a plan for the

provision of safe drinking water under emergency circumstances. The Department shall review and up-

date such plan as necessary.

7:10-2.4 Reporting of changes to plants and emergencies

(a) A supplier of water shall notify in writing the Bureau of Safe Drinking Water at least five working

days prior to undertaking any planned change in the treatment plant or its operation that may either

temporarily or permanently tend to lessen the quality of water furnished, or increase the likelihood of

the delivery of water that does not meet the standards set forth in N.J.A.C. 7:10-5.

(b) A supplier of water shall notify the Department by telephone at (609) 292-5550 during business hours,

or (877) WARN-DEP during non-business hours, within six hours of the occurrence of any emergency

that may tend to lessen the quality or pressure of delivered water, or increase the likelihood of delivery

of water that does not meet the standards set forth in N.J.A.C. 7:10-5.

7:10-2.5 Ban on further connections to over-extended or otherwise inadequate systems

Whenever the Department determines that additional water service connections to any public water system

may result in a degradation of service to existing users due to deficiencies in such public water system

such as inadequate source, treatment, distribution or storage capacities, or inadequate pressure or volume,

the Department may prohibit, by order, such additional connections. Upon receipt of such an order pro-

hibiting additional water service connections, the supplier of water shall have 20 days to request a hearing

in writing in accordance with N.J.A.C. 7:10-3.5 on said order. At the hearing, the supplier of water has

the burden of showing that the prohibition on additional connections should not be imposed.

7:10-2.6 Program information

(a) Unless otherwise specified, forms, checklists, and other information related to this chapter can be

requested from the Division of Water Supply and Geoscience at the address in (b) below, by telephone

at (609) 292-5550, by fax at (609) 292-1654, by e-mail at [email protected], or obtained

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through the Division’s website at www.nj.gov/dep/watersupply. Further information about the De-

partment can be accessed at www.nj.gov/dep.

(b) Applications, fees, forms, and correspondence related to this chapter shall be submitted to the New

Jersey Department of Environmental Protection, Division of Water Supply and Geoscience, Mail Code

401-04Q, PO Box 420, Trenton, NJ 08625-0420, or by e-mail at watersuppl[email protected].

listed in (b) above shall not be deemed to have been received for the purposes of calculating application

review deadlines or other time periods under this chapter.

(d) Notification to the Department required pursuant to the Regulations Governing the Certification of

Laboratories and Environmental Measurements, N.J.A.C. 7:18, of a nitrate, nitrite, or nitrate/nitrite

drinking water sample result exceeding the MCL or an E. coli-positive drinking water sample result

shall be made by telephone to (609) 292-5550 during business hours, or, if outside of normal business

hours, to the Department’s hotline at 1-877-WARNDEP (1-877-927-6337).

7:10-2.7 Managerial and technical competence of water systems

(a) An existing water system which has undergone a change in status or ownership and/or is found by the

Department to be in significant noncompliance with the State primary drinking water regulations shall,

upon request, provide to the Department a demonstration of managerial capacity as provided in

N.J.A.C. 7:10-13.4 and 13.6 and technical capacity as provided in N.J.A.C. 7:10-13.3 and 13.5.

1. Determinations made pursuant to this section with respect to a water system subject to the juris-

diction of the Division of Local Government Services within the Department of Community Af-

fairs shall be made in consultation with the Director of that Division. Nothing in these rules shall

infringe upon the regulatory jurisdiction of the Division of Local Government Services under

N.J.S.A. 40A:1-1 et seq.

2. Determinations made pursuant to this section with respect to a public water system, which is a

public utility subject to the jurisdiction of the Board of Public Utilities pursuant to N.J.S.A. 48:1-

1 et seq., shall be made in consultation with the Board of Public Utilities. Nothing in these rules

shall infringe upon the regulatory jurisdiction of the Board of Public Utilities under N.J.S.A. 48:1-

1 et seq.

SUBCHAPTER 3. CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDI-

CATORY HEARINGS

7:10-3.1 Scope

This subchapter governs the Department's assessment of civil administrative penalties and the issuance of

orders for the violation of any provision of the State Act or any regulation, rule, permit or order adopted

or issued by the Department pursuant thereto. This subchapter shall also govern the procedure for assess-

ment, settlement and payment of civil administrative penalties and for requesting an adjudicatory hearing

on appeal from a notice of civil administrative penalty assessment or administrative order.

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7:10-3.2 Authority

(a) Whenever the Department finds that a person has violated any provision of the State Act, or any reg-

ulation, rule, permit, or order adopted or issued by the Department pursuant thereto, the Department

may, singly or in combination, pursue the remedies specified in (a)1 through 4 below. Pursuit of any

of the remedies specified under this section shall not preclude the Department from seeking any other

remedy. The Department may:

1. Issue an order requiring the person found to be in violation to comply in accordance with N.J.A.C.

7:10-3.3;

2. Bring a civil action for injunctive and other relief in accordance with N.J.A.C. 7:10-3.9;

3. Levy a civil administrative penalty in accordance with N.J.A.C. 7:10-3.6 and/or 3.7; and/or

4. Bring an action for a civil penalty in accordance with N.J.A.C. 7:10-3.8.

7:10-3.3 Procedures for issuing an administrative order pursuant to the State Act

(a) Whenever the Department finds that a person has violated any provision of the State Act, or any reg-

ulation, rule, permit, or order adopted or issued by the Department pursuant thereto, the Department

may issue an order specifying the provision or provisions of the State Act, regulation, rule, permit, or

order of which the person is in violation citing the action which constituted the violation, requiring

compliance with the provision violated and/or requiring restoration of the area which is the site of the

violation, and giving notice to the person of his or her right to a hearing on the matters contained in

the order. The ordered party shall have 35 days from receipt of the order within which to deliver to the

Department a written request for a hearing in accordance with N.J.A.C. 7:10-3.5. After the hearing

and upon finding that a violation has occurred, the Department may issue a final order. If no hearing

is requested, then the order shall become final after the expiration of the 35-day period. A request for

hearing shall not automatically stay the effect of the order.

7:10-3.4 Procedures for assessment, settlement and payment of civil administrative penalties for

violations

(a) To assess a civil administrative penalty under the State Act, the Department shall notify the violator

by certified mail (return receipt requested) or by personal service. This notice of civil administrative

penalty assessment shall:

1. Identify the section of the State Act, rule, administrative order or permit violated;

2. Concisely state the alleged facts which constitute the violation;

3. Specify the amount of the civil administrative penalty to be imposed and the basis thereof; and

4. Advise the violator of the right to request an adjudicatory hearing pursuant to N.J.A.C. 7:10-3.5.

(b) Payment of the civil administrative penalty is due upon receipt by the violator of the Department's

final order in a contested case, or when a notice of civil administrative penalty assessment becomes a

final order, as follows:

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1. If no hearing is requested pursuant to N.J.A.C. 7:10-3.5, a notice of civil administrative penalty

assessment becomes a final order on the 36th day following receipt of the notice of civil adminis-

trative penalty assessment by the violator;

2. If the Department denies the hearing request pursuant to N.J.A.C. 7:10-3.5(b), a notice of civil

administrative penalty assessment becomes a final order on the 21st day following receipt of the

notice of civil administrative penalty assessment by the violator;

3. If the Department denies the hearing request pursuant to N.J.A.C. 7:10-3.5(c), a notice of civil

administrative penalty assessment becomes a final order upon receipt of notice of such denial; or

4. If the Department grants the hearing request, a notice of civil administrative penalty assessment

becomes a final order upon receipt by the violator of a final order in a contested case.

administrative penalty under N.J.A.C. 7:10-3.6 or 3.7 if the violator has not committed the same of-

fense in the three years immediately preceding the date of the pending offense.

(d) The Department may settle any civil administrative penalty assessed pursuant to N.J.A.C. 7:10-3.6 or

3.7 according to the following factors:

1. Mitigating or extenuating circumstances not previously considered in the notice of civil adminis-

trative penalty assessment pursuant to N.J.A.C. 7:10-3.6;

2. The timely implementation by the violator of measures leading to compliance not previously con-

sidered in the assessment of penalties pursuant to N.J.A.C. 7:10-3.6;

3. The nature, timing and effectiveness of measures taken to mitigate the effects of the violation or

prevent future similar violations not previously considered in the notice of civil administrative

penalty assessment pursuant to N.J.A.C. 7:10-3.6;

4. The compliance history of the violator not previously considered in the notice of civil administra-

tive penalty assessment pursuant to N.J.A.C. 7:10-3.6;

5. The deterrent effect of the penalty not previously considered in the notice of civil administrative

penalty assessment pursuant to N.J.A.C. 7:10-3.6; and/or

6. Any other terms or conditions acceptable to the Department.

7:10-3.5 Procedures to request an adjudicatory hearing to contest an administrative order and/or

a notice of civil administrative penalty assessment; procedures for conducting adjudicatory hear-

ings

(a) To request an adjudicatory hearing to contest an administrative order and/or a notice of civil adminis-

trative penalty assessment issued pursuant to the State Act, the person to whom the administrative

order and/or notice of civil administrative penalty assessment was issued shall submit the following

information in writing to the Department at the Office of Legal Affairs, ATTENTION: Adjudicatory

Hearing Requests, Department of Environmental Protection, PO Box 402, Trenton, New Jersey

08625-0402:

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1. The name, address, and telephone number of the person to whom the administrative order and/or

notice of civil administrative penalty assessment was issued and his or her authorized representa-

tive;

2. A copy of the administrative order and/or notice of civil administrative penalty assessment being

contested;

3. The person's defenses to each of the findings of fact stated in short and plain terms;

4. An admission or denial of each of the findings of fact. If the person is without knowledge or in-

formation sufficient to form a belief as to the truth of a finding, the person shall so state and this

shall have the effect of a denial. A denial shall fairly meet the substance of the findings denied.

When the person intends in good faith to deny only a part or a qualification of a finding, the person

shall specify so much of it as is true and material and deny only the remainder. The person may

not generally deny all of the findings but shall make all denials as specific denials of designated

findings. For each finding the person denies, the person shall allege the fact or facts as the person

believes it or them to be;

5. Information supporting the request and specific reference to or copies of other written documents

relied upon to support the request;

6. An estimate of the time required for the hearing (in days and/or hours);

7. A request, if necessary, for a barrier-free hearing location for physically disabled persons; and

8. If the petitioner intends to attempt a resolution of the case pursuant to N.J.A.C. 1:1-8.1(b), a

statement to that effect.

(b) If the Department does not receive the written request for a hearing within 35 days after receipt by the

person of the administrative order and/or notice of civil administrative penalty assessment being con-

tested, the Department shall deny the hearing request.

hearing request.

(d) All adjudicatory hearings held pursuant to this section shall be conducted in accordance with the Ad-

ministrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure

Rules, N.J.A.C. 1:1.

7:10-3.6 Civil administrative penalties for violation of the State Act--general

(a) The Department may assess a civil administrative penalty pursuant to this section of up to $ 25,000

for each violation of the State Act or any regulation, rule, permit, or order adopted or issued by the

Department pursuant thereto.

(b) If the violation is of a continuing nature, each day during which the violation continues subsequent to

receipt of an order to cease the violation shall constitute an additional, separate and distinct violation.

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1. Identify the matrix in (f) below by determining the level of offense, that is, first, second, third or

subsequent offense as defined in N.J.A.C. 7:10-1.3.

2. Identify the civil administrative base penalty within the matrix in (f) below by determining the

seriousness of violation pursuant to (d) below and the type of water system pursuant to (e) below;

and

3. The civil administrative penalty shall be the amount within the matrix in (f) below, unless adjusted

pursuant to (g) below.

(d) The seriousness of the violation shall be determined as major, moderate or minor as set forth in (d)1

through 3 below:

1. Major seriousness shall apply to any violation that has caused or has the potential to cause serious

harm to human health or which seriously deviates from the requirements of the State Act, or any

regulation, rule, permit, or order adopted or issued pursuant thereto. Violations of major serious-

ness shall include, but not be limited to, violations which are in complete contravention of such

requirements or if some of the requirements are met, which severely impair or undermine the op-

eration or intent of the requirements. Violations of major seriousness shall include, but not be

limited to:

i. Falsification of any statement, representation, or certification in any application, registration,

record, or other document submitted or maintained, or falsification or tampering with any mon-

itoring device or method required to be maintained under the State Act or any regulation, rule,

permit, or order adopted or issued pursuant thereto;

ii. Failure to provide public notice of violations in accordance with 40 CFR 141.202;

iii. The refusal, inhibition or prohibition of immediate lawful entry and inspection of any premises,

building, or place, except private residences, by any authorized Department representative;

iv. Failure to obtain a sample and analyze for any primary contaminant during a sample period as

required by the Department pursuant to the State Act, or any regulation, rule, permit or order

adopted or issued by the Department pursuant thereto so that no sample analysis at all has been

obtained for a specific contaminant for the sample period;

v. Intentional MCL violation for those parameters that a water system is designed and/or operated

to treat; and

vi. Constructing or operating, or commencing or proceeding to build, modify, install, replace, ex-

pand or operate a water system without the proper authorization or permit issued or imposed

pursuant to the State Act, and, if applicable, a permit cannot subsequently be obtained without

major modification.

2. Moderate seriousness shall apply to any violation which has caused or has the potential to cause

substantial harm to human health or which substantially deviates from the requirements of the

State Act, or any regulation, rule, permit, or order adopted or issued pursuant thereto. Violations

of moderate seriousness shall include, but not be limited to, violations which are in substantial

contravention of such requirements or if some of the requirements are met, which substantially

impair or undermine the operation or intent of the requirements. Violations of moderate serious-

ness shall include, but not be limited to:

i. Failure to comply with any condition or provision of a permit issued pursuant to the State Act;

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ii. Constructing or operating, or commencing or proceeding to build, modify, install, replace, ex-

pand or operate a water system without the proper authorization or permit issued or imposed

pursuant to the State Act, and, if applicable, a permit is subsequently obtained with only minor

modifications;

iii. Failure to institute corrective measures for MCL violations in accordance with N.J.A.C. 7:10-

5.6; and

iv. Failure to provide public notice of violations in accordance with 40 CFR 141.203.

3. Minor seriousness shall apply to any other violation not included in (d)1 or 2 above. Violations of

minor seriousness shall include, but not be limited to:

i. Failure to provide public notice for violations in accordance with 40 CFR 141.204;

ii. Failure to report in accordance with N.J.A.C. 7:10-5.4;

iii. Constructing or operating, or commencing or proceeding to build, modify, install, replace, ex-

pand or operate a water system without the proper authorization or permit issued or imposed

pursuant to the State Act, and, if applicable, a permit is subsequently obtained without the need

of any modifications.

(e) The type of water system shall be determined as very small, small, medium or large as follows:

1. A very small water system shall serve a population of 500 or fewer;

2. A small water system serves a population greater than 500 and fewer than or equal to 3,300;

3. A medium water system serves a population greater than 3,300 and fewer than or equal to 10,000;

and

4. A large water system serves a population greater than 10,000.

(f) The matrices of civil administrative base penalties are as follows:

1. For a first offense, the matrix of civil administrative base penalties is as follows:

SERIOUSNESS OF THE VIOLATION

TYPE OF

WATER SYSTEM

Minor

Moderate

Major

Very small

$ 250

$ 500

$ 1,000

Small

$ 500

$ 1,000

$ 2,000

Medium

$ 1,000

$ 2,000

$ 4,000

Large

$ 2,000

$ 4,000

$ 5,000

2. For a second offense, the matrix of civil administrative base penalties is as follows:

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SERIOUSNESS OF THE VIOLATION

TYPE OF WATER SYSTEM

Minor

Moderate

Major

Very small

$ 5,000

$ 5,500

$ 6,000

Small

$ 5,000

$ 6,000

$ 7,000

Medium

$ 5,000

$ 6,500

$ 8,000

Large

$ 5,000

$ 7,500

$ 10,000

3. For a third or subsequent offense, the matrix of civil administrative base penalties is as follows:

SERIOUSNESS OF THE VIOLATION

TYPE OF WATER SYSTEM

Minor

Moderate

Major

Very small

$ 5,000

$ 7,500

$ 10,000

Small

$ 6,000

$ 9,000

$ 12,000

Medium

$ 7,000

11,000

$ 15,000

Large

$ 8,000

$ 15,000

$ 22,000

(g) The Department may, at its discretion, adjust the amount of any penalty assessed pursuant to (f) above

based upon any or all of the factors listed in (g)1 through 5 below. No such factor constitutes a defense

to any violation. In no case shall the assessed penalty be more than $ 25,000 per day for each offense.

1. The frequency with which any violation of the State Act, rules, permit or order occurred;

2. The timely implementation by the violator of measures leading to compliance;

3. The nature, timing and effectiveness of measures taken to mitigate the effects of the violation or

prevent future similar violations, and the extent to which such measures are in addition to those

required under an applicable statute or rule;

4. The deterrent effect of the penalty; and/or

5. Any other mitigating, extenuating, or aggravating circumstances.

7:10-3.7 Civil administrative penalty for failure to pay a fee

(a) The Department may assess a civil administrative penalty pursuant to this section against any person

who fails to pay a fee when due pursuant to the State Act, or any regulation, rule or permit adopted or

issued pursuant thereto.

(b) The amount of the civil administrative penalty for a violation pursuant to this section shall be in an

amount equal to the unpaid fee or $ 250.00, whichever is greater, up to a maximum of $ 5,000 for the

first offense; two times the unpaid fee or $ 500.00, whichever is greater, up to a maximum of $ 10,000

for the second offense; and three times the unpaid fee or $ 750.00, whichever is greater, up to a max-

imum of $ 25,000 for the third and each subsequent offense.

7:10-3.8 Civil penalties for violations of the State Act

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(a) Any person who violates the provisions of the State Act, any regulation, rule, permit, or order adopted

or issued by the Department pursuant thereto, or an administrative order or a court order issued pur-

suant to the State Act, or who fails to pay a civil administrative penalty in full pursuant to N.J.A.C.

7:10-3.4(b), or who fails to make a payment pursuant to a penalty payment schedule entered into with

the Department, or who knowingly makes any false or misleading statement on any application, rec-

ord, report, or other document required to be submitted to the Department, shall be subject, upon order

of a court, to a civil penalty of not more than $ 25,000 for each violation, and each day during which

a violation continues shall constitute an additional, separate, and distinct violation.

(b) Any penalty established pursuant to this section may be imposed and collected with costs in a summary

proceeding pursuant to the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq. The Superior

Court shall have jurisdiction to enforce the provisions of the Penalty Enforcement Law of 1999 in

connection with the State Act.

7:10-3.9 Civil actions for violations of the State Act

The Department may institute an action or proceeding in Superior Court for injunctive and other relief for

any violation of the State Act, or any regulation, rule, permit or order adopted or issued by the Department

pursuant thereto, and the court may proceed in the action in a summary manner.

7:10-3.10 Economic benefit

In addition to any civil penalty or civil administrative penalty imposed or assessed pursuant to this sub-

chapter, the Department may assess the economic benefit (in dollars) that the violator has realized as a

result of not complying, or by delaying compliance, with the requirements of the State Act or any rule,

administrative order or permit issued pursuant thereto.

SUBCHAPTER 4. DISINFECTION

7:10-4.1 Disinfection

(a) Except in accordance with (b) below, every supplier of water from a public community water system

shall disinfect all water in accordance with the method and equipment requirements of N.J.A.C. 7:10-

11.16 in order to ensure delivered water is of microbiologically safe quality.

(b) Except for public community water systems that use surface water source(s), the supplier of water

from a water system that serves 100 or fewer dwellings or properties may elect not to disinfect its

water, provided it increases the number of microbiological samples taken from its distribution system

to a minimum of two samples per month at biweekly intervals.

public noncommunity water system may be required to disinfect its water if the Department deter-

mines that said water is microbiologically unacceptable.

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(d) Any supplier of water from a public community water system that purchases treated water from an-

other public water system on a regular or continuous basis may be required to redisinfect said water if

deemed necessary by the Department.

SUBCHAPTER 5. STATE PRIMARY DRINKING WATER REGULATIONS

7:10-5.1 Applicability of National Regulations

Except as provided in this subchapter, the Department adopts and incorporates herein by reference the

National Primary Drinking Water Regulations, 40 CFR 141, as amended and supplemented, including all

siting requirements, filtration and disinfection requirements, maximum contaminant levels, monitoring

and analytical requirements, reporting requirements, public notification requirements, recordkeeping re-

quirements, and the National Primary Drinking Water Regulations Implementation, 40 CFR 142 Subparts

E, F, G and K, for variance and exemption requirements as the New Jersey primary drinking water regu-

lations, applicable to all public water systems. All maximum contaminant levels and action levels in this

subchapter shall apply to all public and nonpublic water systems, and shall be subject to monitoring re-

quirements established by the appropriate administrative authority. Copies of the National Regulations

may be obtained from either the Drinking Water Section of the Water Programs Branch, U.S. Environ-

mental Protection Agency, 290 Broadway, New York, New York 10007-1861, (212) 637-3880; or the

Department in accordance with N.J.A.C. 7:10-2.6.

7:10-5.2 Discretionary changes to National Regulations

(a) In accordance with the discretionary authority permitted by the National Regulations, for compliance

with the State primary drinking water regulations, the following shall apply:

1. Surface water treatment requirements shall be those established under the National Regulations

except as provided in N.J.A.C. 7:10-9.

2. Subject to N.J.A.C. 7:10-5.8, the analytical, monitoring, treatment, and other requirements for total

coliform shall be those established under the National Regulations.

3. MCLs for inorganic chemicals (IOCs) shall be those established under the National Regulations,

except for the State-regulated contaminant arsenic, for which an MCL of five µg/l shall apply.

Monitoring requirements for IOCs shall be those established under the National Regulations and

at (a)7 below.

4. MCLs for volatile organic compounds (VOCs) shall be those established under the National Reg-

ulations except for the State-regulated VOCs for which the MCLs are listed in Table 1, below.

Monitoring requirements for VOCs, including the VOCs, 1,3-dichlorobenzene; 1,1-dichloro-

ethane; 1,1,2,2-tetrachloroethane; naphthalene; and methyl tertiary butyl ether, shall be those es-

tablished under the National Regulations and at (a)7 below.

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TABLE 1

MCLs FOR STATE-REGULATED VOCS*

State-regulated VOC MCL (in [micro]g/l or ppb)

Benzene

Carbon tetrachloride

Chlorobenzene

1,3 Dichlorobenzene

600

1,2 Dichloroethane

1,1 Dichloroethylene

Methylene chloride

Tetrachloroethylene

Trichlorobenzene(s)

1,1,1 Trichloroethane

Trichloroethylene

Xylene(s)

1,000

1,1

Dichloroethane

1,1,2 Trichloroethane

1,1,2,2 Tetrachloroethane

Naphthalene

300

Methyl tertiary butyl ether (MTBE)

* The MCLs in this table are more stringent than those in the National Regulations, with the ex-

ception of the following chemicals, which do not have Federal MCLs: 1,3-dichlorobenzene; 1,1-

dichloroethane; 1,1,2,2-tetrachloroethane; naphthalene; and methyl tertiary butyl ether.

5. MCLs for the State-regulated per- and polyfluoroalkyl substances perfluorononanoic acid (PFNA),

perfluorooctanoic acid (PFOA), and perfluorooctanesulfonic acid (PFOS) shall be those estab-

lished at (a)5i, ii, and iii below. Monitoring requirements for PFNA, PFOA, and PFOS shall be

those established under the National Regulations at 40 CFR 141.24(f) and at (a)7 below. For

PFNA, the conditions at (a)5i apply. For PFOA, the conditions at (a)5ii apply. For PFOS, the

conditions at (a)5iii apply.

i. For PFNA, the MCL shall be 0.013 µg/l. Monitoring requirements shall begin as

set forth at (a)5i(1) below and are subject to the condition at (a)5i(2) below.

(1) All public community water systems using a groundwater source(s) serving a

population 10,000 or less and public nontransient noncommunity water systems

shall begin monitoring within the first quarter of 2019. All public community

water systems using a surface water source(s) and all public community water

systems serving a population greater than 10,000 shall begin monitoring within

the first quarter of 2020.

(2) Notwithstanding the threshold set forth at 40 CFR 141.24(f)(11), the require-

ment for quarterly monitoring at 40 CFR 141.24(f)(11)(i) shall apply if PFNA

is detected at a level exceeding 0.002 µg/l.

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ii. For PFOA, the MCL shall be 0.014 µg/l. Monitoring requirements shall begin as

set forth at (a)5ii(1) below and are subject to the conditions at (a)5ii(2) and (3)

below.

(1) All public community and public nontransient noncommunity water sys-

tems shall begin monitoring within the first quarter of 2021.

(2) Nothwithstanding the threshold set forth at 40 CFR 141.24(f)(11), the re-

quirement for quarterly monitoring at 40 CFR 141.24(f)(11)(i) shall apply

if PFOA is detected at a level exceeding 0.002 µg/l.

(3) A public community water system or a public nontransient noncommunity

water system may submit monitoring data for PFOA to the Department for

a determination of whether the system may reduce monitoring frequency to

an annual basis provided:

(A) The monitoring data are collected in accordance with (a)7 below af-

ter January 1, 2019; and

(B) The monitoring data are reported to the Department in accordance

with N.J.A.C. 7:10-5.4 on or before June 1, 2020.

iii. For PFOS, the MCL shall be 0.013 µg/l. Monitoring requirements shall begin as

set forth at (a)5iii(1) below and are subject to the conditions at (a)5iii(2) and (3)

below.

(1) All public community and public nontransient noncommunity water sys-

tems shall begin monitoring within the first quarter of 2021.

(2) Nothwithstanding the threshold set forth at 40 CFR 141.24(f)(11), the re-

quirement for quarterly monitoring at 40 CFR 141.24(f)(11)(i) shall apply

if PFOS is detected at a level exceeding 0.002 µg/l.

(3) A public community water system or a public nontransient noncommunity

water system may submit monitoring data for PFOS to the Department for

a determination whether the system may reduce monitoring frequency to an

annual basis provided:

(A) The monitoring data are collected in accordance with (a)7 below af-

ter January 1, 2019; and

(B) The monitoring data are reported to the Department in accordance

with N.J.A.C. 7:10-5.4 on or before June 1, 2020.

6. MCLs for synthetic organic compounds (SOCs) and pesticides shall be those established under the

National Regulations except for the State-regulated SOCs at (a)6i and ii below. Monitoring re-

quirements for SOCs shall be those established under the National Regulations and at (a)7 below.

For 1,2,3-trichloropropane, the conditions at (a)6ii below apply.

i. Chlordane, for which an MCL of 0.5 µg/l shall apply; and

ii. 1,2,3-Trichloropropane, for which an MCL of 0.030 µg/l shall apply. Monitoring

requirements shall be those established for SOCs under the National Regulations,

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beginning as set forth at (a)6ii(1) below and subject to the condition at (a)6ii(2)

below.

(1) All public community water systems using a groundwater source(s) serving

a population 10,000 or less and public nontransient noncommunity water

systems shall begin monitoring within the first quarter of 2019. All public

community water systems using a surface water source(s) and all public

community water systems serving a population greater than 10,000 shall

begin monitoring within the first quarter of 2020.

(2) Notwithstanding the threshold set forth at 40 CFR 141.24(h)(7), the require-

ment for quarterly monitoring at 40 CFR 141.24(h)(7)(i) shall apply if 1,2,3-

trichloropropane is detected at a level equal to or exceeding 0.010 µg/l.

7. Water systems that, as provided at 40 CFR 141.23 and 141.24, are monitoring for inorganics (ex-

cept asbestos, nitrate, and nitrite), volatile organic compounds, and synthetic organic compounds

or for PFNA, PFOA, and PFOS at a frequency less than annually shall monitor once in each Fed-

eral three-year compliance period in accordance with the schedule in the table below.

Monitoring Schedule Water System Type

Year one of the

applicable

three year Federal

Any

public community water systems

compliance period (

for example, 2017, 2020

using a surface water source(s)

2023, 2026) And any public community water system

serving

a population

greater than 10,000

Year two of the

applicable

three year Federal

Any

public community water system

compliance period (

for example, 2018, 2021

using a groundwater source(s) serving a

2024

, 20

)

population equal to or less than

10,000.

Year three of the

applicable

three year Federal

Any public

nontransient noncommunity

compliance period (that is, 2019, 2022

water system

2025, 2028

)

8. MCLs and monitoring requirements for disinfectants and disinfection by-products shall be those

established under the National Regulations.

9. Action levels and monitoring requirements for lead and copper shall be those established under

the National Regulations.

10. For public community and public nontransient noncommunity water systems, MCLs and moni-

toring requirements for radionuclides shall be those established under the National Regulations.

Public nontransient noncommunity water systems shall begin monitoring within the first quarter

of 2019.

11. The Department may allow monitoring waivers for public water systems pursuant to 40 CFR

141.23(c) and 141.24(f) and (h) of the National Regulations.

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12. Suppliers of water from a bulk purchase system are subject only to the microbiological monitoring,

disinfectant by-product monitoring, and lead and copper monitoring requirements of this section.

13. If a supplier of water installs a treatment device or process to bring the water into compliance with

any applicable MCL, the supplier of water shall monitor for that contaminant each calendar quarter

(notwithstanding compliance with the applicable MCL for the contaminant).

(b) The National Regulations, at 40 C.F.R. 141.151, require each community water system to annually

develop and deliver to its customers a Consumer Confidence Report (CCR) which provides infor-

mation on the quality of the water delivered by the system and characterizes the risks (if any) from

exposure to contaminants detected in the drinking water in an accurate and understandable manner. In

addition to the standards and requirements in the National Regulations for the development and dis-

tribution of the CCR, the following requirements shall apply:

1. Notwithstanding the provisions of the Federal Safe Drinking Water Act amendments of 1996, 42

U.S.C. §§ 300f et seq. and the National Regulations, at 40 C.F.R 141.155, every public community

water system, regardless of the number of persons served, shall mail a copy of its Consumer Con-

fidence Report to each of its customers.

2. The statement required pursuant to 40 C.F.R. 141.154(a) (Vulnerable Populations Statement) shall

be included in bold print within the header of any chart displaying levels of detection and maxi-

mum contaminant levels for contaminants included in the Consumer Confidence Report.

i. If the Consumer Confidence Report does not contain at least one chart displaying levels of

detection and maximum contaminant levels, the Vulnerable Populations Statement shall be

placed at the beginning of the report.

3. In addition to the reporting requirements set forth at N.J.A.C. 7:10-7.4, if, at any time during any

monitoring period within the reporting year, a sample collected and analyzed pursuant to N.J.A.C.

7:10-7.3 exceeds the recommended upper limit for iron, manganese or sodium as provided at

N.J.A.C. 7:10-7.2, the following language shall be included in the Consumer Confidence Report:

i. "FOR IRON: The recommended upper limit for iron is based on unpleasant taste of the water

and staining of laundry. Iron is an essential nutrient, but some people who drink water with

iron levels well above the recommended upper limit could develop deposits of iron in a number

of organs of the body."

ii. "FOR MANGANESE: The recommended upper limit for manganese is based on staining of

laundry. Manganese is an essential nutrient, and toxicity is not expected from levels which

would be encountered in drinking water."

iii. "FOR SODIUM: For healthy individuals, the sodium intake from water is not important, be-

cause a much greater intake of sodium takes place from salt in the diet. However, sodium levels

above the recommended upper limit may be of concern to individuals on a sodium restricted

diet."

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4. For the nine State-regulated contaminants for which there is no Federal MCL, the Consumer Con-

fidence Report shall include the information set forth below:

Contaminant New Jersey

MCL (µg/l)

MCL in

units for

CCR

Major Sources in

Drinking Water

Health Effects Language

1,3-Dichloroben-

zene

600 600 ppb Discharge from in-

dustrial chemical

factories

Some people who drink

water containing 1,3-Di-

chlorobenzene in excess

of the MCL over many

years could experience

problems with their liver,

kidneys or circulatory sys-

tem.

1,1 Dichloroethane

50 50 ppb Discharge from

metal degreasing

sites and other facto-

ries

Some people who drink

water containing 1,1 Di-

chloroethane in excess of

the MCL over many years

could experience prob-

lems with their kidneys.

Methyl tertiary

butyl ether

(MTBE)

70 70 ppb Leaking under-

ground gasoline and

fuel oil tanks, gaso-

line and fuel oil

spills

Some people who drink

water containing MTBE

in excess of the MCL over

many years could experi-

ence problems with their

kidneys.

Naphthalene 300 300 ppb Discharge from in-

dustrial chemical

factories, exposure

to mothballs

Some people who drink

water containing Naphtha-

lene in excess of the MCL

over many years could ex-

perience problems with

cataracts and hemolytic

anemia.

1,1,2,2-Tetrachlo-

roethane

1 1 ppb Discharge from in-

dustrial chemical

factories

Some people who drink

water containing 1,1,2,2

Tetrachloroethane in ex-

cess of the MCL over

many years could experi-

ence problems with their

liver, kidneys and central

nervous system.

Perfluorononanoic

acid (PFNA)

0.013 13 ppt Discharge from in-

dustrial chemical

factories

Some people who drink

water containing PFNA in

excess of the MCL over

many years could experi-

ence problems with their

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Contaminant New Jersey

MCL (µg/l)

MCL in

units for

CCR

Major Sources in

Drinking Water

Health Effects Language

liver; kidney; immune

system; or, in males, re-

productive system. For

females, drinking water

containing PFNA in ex-

cess of the MCL over

many years may cause de-

velopmental delays in a

fetus and/or an infant.

Perfluorooctanoic

Acid (PFOA)

0.014 14 ppt Discharge from in-

dustrial, chemical,

and manufacturing

factories, release of

aqueous film form-

ing foam.

Some people who drink

water containing PFOA in

excess of the MCL over

many years could experi-

ence problems with their

blood serum cholesterol

levels, liver, kidney, im-

mune system, or, in males,

reproductive system.

Drinking water containing

PFOA in excess of the

MCL over many years

may also increase the risk

of testicular and kidney

cancer. For females,

drinking water containing

PFOA in excess of the

MCL over many years

may cause developmental

delays in a fetus and/or an

infant.

Perfluorooc-

tanesulfonic Acid

(PFOS)

0.013 13 ppt Discharge from in-

dustrial, chemical

factories, release of

aqueous film form-

ing foam.

Some people who drink

water containing PFOS in

excess of the MCL over

many years could experi-

ence problems with their

immune system, kidney,

liver, or endocrine system.

For females, drinking wa-

ter containing PFOS in

excess of the MCL over

many years may cause de-

velopmental effects and

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Contaminant New Jersey

MCL (µg/l)

MCL in

units for

CCR

Major Sources in

Drinking Water

Health Effects Language

problems with the im-

mune system, liver, or en-

docrine system in a fetus

and/or an infant. Some of

these developmental ef-

fects can persist through

childhood.

1,2,3-Trichloro-

propane

0.030 30 ppt Application of pesti-

cides to agricultural

land; discharge from

metal degreasing

sites, chemical man-

ufacturing plants,

and other industrial

sites

Some people who drink

water containing 1,2,3-tri-

chloropropane in excess

of the MCL over many

years may have an in-

creased risk of getting

cancer

7:10-5.3. Analytical requirements

(a) The analytical requirements for determining compliance with the maximum contaminant levels shall

be those established under the National Regulations, except that the analysis for gross alpha particle

activity shall be determined using the 48 Hour Rapid Gross Alpha Test, in accordance with N.J.A.C.

7:18.

(b) Any analysis required under this chapter shall be conducted at a certified laboratory, certified in ac-

cordance with N.J.A.C. 7:18, for the specific analytical method used.

the contaminant being analyzed.

(d) A supplier of water from a public water system, when submitting any sample analysis to the Depart-

ment, shall provide the following:

1. The test result for all contaminants tested for as part of the analytical method; and

2. Any test result that exceeds a specified MDL;

7:10-5.4 Reporting requirements

(a) Except where a shorter reporting period is required by the National Regulations, each supplier of water

shall submit a compliance sampling report to the Department within the first 10 calendar days of the

month following the month in which any test, measurement or analysis is made. The compliance sam-

pling report, containing the sampling results for microbiological contaminants, inorganic compounds,

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volatile organic compounds, synthetic organic compounds, radionuclides and lead and copper anal-

yses, shall be prepared in a format prescribed by and on forms available from and submitted to, the

Department in accordance with N.J.A.C. 7:10-2.6.

(b) Within 180 days after receipt of written notification from the Department, each supplier of water shall

ensure that all compliance sampling reports and the monthly report required under (e) below are sub-

mitted to the Department electronically in a manner compatible with the Department's computer sys-

tem.

hours or on the next business day, whichever is sooner, to the Bureau of Safe Drinking Water at (609)

292-5550, the supplier's failure to comply with any primary drinking water regulation, including any

failure to comply with any monitoring requirement pursuant to this subchapter. A supplier of water

shall report any acute violation by telephone to the Department as soon as the supplier becomes aware

of such acute violation.

(d) A supplier of water is not required to submit a compliance sampling report to the Department if the

Department conducts the sampling and if the State laboratory performs the sample analysis and reports

the results directly to the Department.

(e) Each supplier of water from a public community water system shall submit a monthly report consisting

of the daily records maintained pursuant to N.J.A.C. 7:10-5.6 by the 10th day of the month following

the month for which the records contained in the report are compiled.

(f) If a supplier of water installs a treatment device or process to bring the water into compliance with

any applicable MCL, the supplier of water shall report the results of the monitoring required under

N.J.A.C. 7:10-5.2(a) 13 to the Department on a quarterly basis. (A noncommunity water system sup-

plier of water shall also submit a copy of the results to the administrative authority.)

7:10-5.5 Public notification

(a) Each supplier of water shall provide public notification of any violation of any MCL or monitoring

requirement in accordance with the National Regulations pursuant to 40 CFR 141.32.

(b) Any supplier of water from a public noncommunity water system which the administrative authority

determines is not in compliance with any primary drinking water regulation, including any monitoring

requirement, shall immediately post a notice of such failure in a place conspicuous to consumers in a

format prescribed in the National Regulations pursuant to 40 CFR 141.32. The notice shall remain

posted until the administrative authority determines that the system is restored to compliance.

7:10-5.6 Recordkeeping

A supplier of water shall keep and maintain all records required under the National Regulations and also

maintain daily records of water pumpage, quantities of chemicals used for water treatment and routine test

results.

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7:10-5.7 Remediation requirements and procedures

(a) Except as provided pursuant to (b) below, the supplier of water that analyzes and reports pursuant to

this subchapter any violation of a promulgated MCL for any of the contaminants regulated pursuant

to this subchapter shall, within one year after receipt of the results of the tests conducted pursuant to

the National Regulations and N.J.A.C. 7:10-5.2 that demonstrate an exceedance that constitutes a

violation, take any action necessary to bring the water into compliance with the applicable MCL.

(b) The Department may require by administrative order that the supplier of water take prompt action to

bring the water into compliance with the applicable MCL upon a determination that such action is

necessary to abate an immediate public health threat.

with the applicable MCL after a public hearing and its determination that the extension shall not pose

an imminent threat to public health, if new construction of a treatment plant is required.

(d) If the supplier of water fails to take action to bring the water into compliance with the applicable MCL

pursuant to (a) above, the Department may take one or more of the following actions:

1. Seek to enjoin the supplier of water from continuing to supply water to the public;

2. Establish a program to bring the public water system into compliance;

3. Provide the customers of the public water system with an alternate potable water supply; and/or

4. Seek penalties in accordance with N.J.A.C. 7:10-3.

(e) If a supplier of water installs a treatment device or process to bring the water into compliance with

any applicable MCL, the supplier of water shall at all times maintain the treatment device or process

in good working order and operate the treatment device or process to ensure full compliance with the

MCL. Failure to do so may result in penalties in accordance with N.J.A.C. 7:10-3.

7:10-5.8 State-specific requirements for total coliform

(a) Microbiological monitoring shall be undertaken as required under the National Regulations, except

that the Department will not reduce the microbiological sampling frequency to less than:

1. One sample per month for a public community water system using only groundwater source(s)

serving 1,000 or fewer persons;

2. One sample per quarter for a public noncommunity water system (transient or nontransient) using

only groundwater source(s) and serving 1,000 or fewer persons; and

3. One sample per month for a seasonal water system during its operating season.

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(b) Within 30 days after a supplier of water receives notice of a sample result that constitutes an exceed-

ance of a treatment technique trigger, as set forth at 40 CFR 141.859, from either the Department or

from a laboratory certified under N.J.A.C. 7:18, whichever notice is received first, a supplier of water

shall conduct a Level 1 or Level 2 assessment in accordance with (c), (d), and (e) below to identify

the presence of sanitary defects and the likely reason that the system triggered the assessment. The

supplier of water shall submit the results of the assessment to the Department in accordance with (f)

below.

assessment as follows:

1. Conduct a visual inspection of the system components, devices, water source(s), and storage fa-

cilities;

2. Review records, including, where applicable, those required to be maintained pursuant to the Li-

censing of Water Supply and Wastewater System Operators rules at N.J.A.C. 7:10A-1.12, from

within at least one year prior to the assessment date, such as operation and maintenance records

and tank inspection reports;

3. Review sample collection and processing protocols as specified in the sample siting plan of the

public water system;

4. Review water quality data from within at least one year prior to the assessment date;

5. Evaluate any operational activities, conditions, and unusual events from within one year prior to

the collection of the total coliform-positive sample that may have caused the positive sample result;

6. Identify the sanitary defect(s) suspected to be the cause of the total coliform-positive sample;

7. Identify and implement corrective action;

8. Consult with the Department regarding any outstanding corrective actions to be taken and establish

a timetable for completion; and

9. Notify the Department when each corrective action identified in the timetable at (c)8 above is

completed.

(d) A supplier of water shall conduct a Level 2 assessment in accordance with (d)1 through 9 below. The

Level 2 assessment shall be performed by a party approved by the Department in accordance with (e)

below:

1. Conduct a physical inspection of the system components, devices, water source(s), and storage

facilities;

2. Review records including, where applicable, those required to be maintained pursuant to the Li-

censing of Water Supply and Wastewater System Operators rules at N.J.A.C. 7:10A-1.12, from at

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least one year prior to the assessment date, such as operation and maintenance records, tank in-

spection reports, and information related to the physical condition of the distribution system;

3. Review sample collection and processing protocols as specified in the sample siting plan of the

public water system;

4. Review water quality data from within at least one year prior to the assessment date;

5. Evaluate any operational activities, conditions, and unusual events from within one year prior to

the collection of the total coliform-positive sample that may have caused the positive sample result;

6. Review past Level 1 and Level 2 assessments of the public water system;

7. Identify sanitary defect(s) suspected to be the cause of the total coliform-positive or Escherichia

coli (E. coli)-positive sample;

8. Identify and implement corrective action;

9. Conduct additional sampling to ensure that any corrective action taken has addressed the sanitary

defect;

10. Consult with the Department regarding any outstanding corrective action to be taken and establish

a timetable for completion; and

11. Notify the Department when each corrective action identified in the timetable at (d)10 above is

completed.

(e) A Level 2 assessment shall be performed only by a party approved by the Department, as set forth in

the table below:

Water system type

Licensed

operator

Professional

engineer

Well driller

or pump in-

staller

CEHA-

certified

agency

DEP

Public community x

Public nontransient

noncommunity

x x x x

Public transient

noncommunity

x x x x

For a public community or a public nontransient noncommunity water system, the licensed operator who performs

the assessment shall hold a license of a class equal to or superior to the license required pursuant to N.J.A.C. 7:10A-

1.10 and 1.14 to operate the particular public community or public nontransient noncommunity water system.

For a public transient noncommunity water system, the licensed operator who performs the assessment shall hold

a license of a class equal to or superior to the license required pursuant to N.J.A.C. 7:10A-1.10 and 1.14 to operate a

public community or public nontransient noncommunity water system with a treatment system and/or distribution

system equivalent to that of the particular public transient noncommunity water system.

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The licensed well driller who performs the assessment shall be a master well driller, journeyman well driller, or

journeyman (Class B) well driller pursuant to the Well Construction and Maintenance rules, N.J.A.C. 7:9D.

The CEHA-certified agency that performs the assessment shall be certified pursuant to N.J.A.C. 7:1H-3.6 to con-

duct a potable water supply control program.

(f) A supplier of water shall complete a Level 1 or Level 2 assessment form, available from the Depart-

ment in accordance with N.J.A.C. 7:10-2.6(a). In addition to the results of the Level 1 or Level 2

assessment conducted in accordance with (b) through (e) above, the form shall include the information

specified at (f)1 through 4 below. The supplier of water shall submit the completed form to the De-

partment in accordance with N.J.A.C. 7:10-2.6(b).

1. Public water system information, including the type of public water system, the identification

number of the public water system (PWSID), the type of water source for the public water system,

and the number of people served by the public water system;

2. The type of assessment and the applicable treatment technique trigger;

3. For a Level 1 assessment, a certification by the supplier of water that the information contained in

the form is true, accurate, and complete to the best of his or her knowledge and belief; and

4. For a Level 2 assessment, a certification by a Department-approved party pursuant to (e) above

that the information contained in the form is true, accurate, and complete to the best of his or her

knowledge and belief.

(g) The Department will extend the 24-hour limit for the collection of repeat samples in the following

circumstances:

1. Upon request by a supplier of water, where the Department determines that, because of extreme

weather conditions, there is a significant risk to the health and safety of the individual(s) respon-

sible for the collection and transport of the repeat samples. The Department shall notify the sup-

plier of water in writing of its determination and specify the amount of additional time the supplier

of water has to collect the repeat samples.

2. For all suppliers of water, where the Department determines that, because of extreme weather

conditions, there is a Statewide risk to the health and safety of the individual(s) responsible for the

collection and transport of the repeat samples. The Department shall notify the suppliers of water

by electronic mail and publication on the Department’s website.

(h) A supplier of water from a seasonal water system shall comply with the following sampling and, if

applicable, corrective action procedures:

1. No more than 30 days prior to the beginning of each operating season, a supplier of water from a

seasonal water system shall collect and analyze a sample for total coliform from each area of the

distribution system identified in the seasonal water system sample siting plan.

2. If the sample collected pursuant to (h)1 above tests positive for total coliform, the supplier of water

shall analyze the sample for E. coli.

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3. Upon completion of the requirements in (h)1 and 2 above, and prior to the beginning of each

operating season, submit to the Department, at the address at N.J.A.C. 7:10-2.6(b), a certification

of completion of total coliform testing form. The form includes the name of the seasonal water

system, the identification number of the seasonal water system (PWSID), the identification number

of any water samples submitted to the Department, and the results of the analysis of any water

samples submitted to the Department.

4. If a sample tests positive for E. coli under (h)2 above, a supplier of water from a seasonal water

system shall:

i. Undertake repeat monitoring, assessment, and corrective action as follows:

(1) Within 24 hours after being notified of the positive sample result, collect three repeat sam-

ples from each area of the distribution system identified in the seasonal water system sam-

ple siting plan and analyze those samples for total coliform and E. coli;

(2) Complete a Level 2 assessment if any of the repeat samples test positive for total coliform

or E. coli; and

(3) Correct any sanitary defect(s) identified through the Level 2 assessment; and

ii. Undertake groundwater sampling and corrective action as follows:

(1) Within 24 hours after being notified of the positive sample result, collect a sample from

each groundwater source used by the seasonal water system and analyze for E. coli;

(2) If the sample collected in accordance with (h)4ii(1) above tests positive for E. coli, collect

five additional samples from the same groundwater source within 24 hours after being no-

tified of the E. coli positive sample result and analyze the samples for E. coli, unless the

system immediately identifies the cause of contamination and implements corrective ac-

tion; and

(3) If any of the five additional samples collected in accordance with (h)4ii(2) above tests pos-

itive for E. coli, the seasonal water system shall:

(A) Within 30 days after being notified of the E. coli-positive sample result, consult with

the Department regarding appropriate corrective action and;

(B) No later than 60 days after being notified of the E. coli-positive sample result, or by

an alternative deadline established by the Department based on circumstances partic-

ular to the corrective action to be taken at the seasonal water system, implement the

Department-approved corrective action.

5. If a sample tests positive for E. coli under (h)2 above, a supplier of water from a seasonal water

system shall not serve water from the source from which the E. coli-positive sample was taken to

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any person, until the Department or other administrative authority, as applicable, determines that

the supplier of water has completed all requirements under (h)4 above and notifies the supplier of

water in writing that it may serve water to the public.

SUBCHAPTER 6. (RESERVED)

SUBCHAPTER 7. STATE SECONDARY DRINKING WATER REGULATIONS

7:10-7.1 Authority, purpose and scope

This subchapter contains the Department's secondary drinking water regulations, promulgated pursuant to

the State Act. These regulations apply to any contaminant in drinking water which may adversely affect

the taste, odor, or appearance of such water, or which may otherwise adversely affect the public welfare.

This subchapter specifies the upper limits or optimum ranges of contaminants in drinking water required

to be met by any water system when the Department or the administrative authority having jurisdiction

over the water system finds a need therefor. The optimum range or the upper limit for any contaminant

in drinking water as specified in this subchapter is the recommended level for such a contaminant as

delivered to the free-flowing outlet of the ultimate user of a public or nonpublic water system. These

standards shall be met whenever a new source of water supply is constructed or added to a water system.

For existing water systems, the Department may require treatment(s) to meet these standards, if the ex-

ceedance of one or more of these standards causes adverse effects on the consumers of such systems.

7:10-7.2 Recommended upper limits and optimum ranges for physical, chemical and biological

characteristics in drinking water

(a) The following are the recommended upper limits or optimum ranges, as applicable, for the listed phys-

ical, chemical and biological characteristics in drinking water. If a physical, chemical, or biological

characteristic exceeds the recommended upper limit or falls outside a recommended optimum range,

the drinking water may be determined to be unacceptable if, in the judgment of the administrative

authority, such characteristics either singly or in combination would render the water unduly unpalat-

able or aesthetically objectionable.

1. Physical characteristics:

Recommended upper limit or optimum range

Color

10 color units (standard cobalt scale)

6.5 to 8.5 (optimum range)

Odor

3 Threshold odor number

Taste No objectionable taste

2. Chemical characteristics:

Recommended upper limit

ABS/L.A.S. (1)

0.5 mg/l

Aluminum

0.2 mg/l

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Chloride

250 mg/l

Fluoride (2)

2 mg/l

Hardness (as CaCO[3])

250 mg/l

Iron (3)

0.3 mg/l

Manganese (3)

0.05 mg/l

Silver

0.1 mg/l

Sodium (4)

mg/l

Sulfate

250 mg/l

Total dissolved solids

500 mg/l

Zinc

5 mg/l

Notes:

(1) Alkyl-benzene-sulfonate and linear-alkyl-sulfonate, or similar methylene blue reac-

tive substances contained in synthetic detergents.

(2) A range of 0.8 to 1.2 mg/l fluoride is recommended for those water

supplies in which

the fluoride concentration is artificially adjusted.

(3) The limits for iron and manganese may be raised to 0.6 mg/l and to0.1 mg/l, respec-

tively, if a sequestering treatment is provided. However, when either of these higher

limits is exceeded in the raw water of a public community water system, the water

shall be treated so as to reduce the ir

on concentration to below 0.3 mg/l and/or the

manganese concentration to below 0.05 mg/l.

(4) Significant only for consumers requiring low sodium diet.

3. Biological characteristics: Water intended for potable purposes shall be free from:

i. Visible organisms such as algae, algal diatoms, crustaceans, arachnids, and larvae; and

ii. Those micro-organisms which render the water unpalatable or unaesthetic to the consumer.

7:10-7.3 Monitoring

(a) When a public community water system is equipped with treatment facilities specifically for pH ad-

justment and/or iron and/or manganese removal, the supplier of water shall conduct analyses with a

minimum frequency of once daily for pH, iron or manganese, as applicable, on samples of water at

the point(s) of entry to the distribution system. Such analyses need not be performed by a certified

laboratory.

(b) The supplier of water from a public community water system other than a bulk purchase system shall

analyze a water sample taken from each point of entry to the distribution system for the physical and

chemical characteristics listed at N.J.A.C. 7:10-7.2(a) with a minimum frequency of once a year for

surface water supplies and once in three years for ground water supplies. Such analyses shall be per-

formed by a certified laboratory.

distribution system in accordance with the following:

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1. Each supplier of water serving a population equal to or greater than 10,000 shall sample for iron

and manganese with a minimum frequency of once a year; and

2. Each supplier of water shall collect at a minimum one additional sample for iron and manganese

once for every 50,000 population served, to a maximum of five samples per year.

(d) The Department may require the supplier of water to take more frequent samples for specific charac-

teristics if the routine samples reveal high levels. Such samples may, with prior Department approval,

be analyzed by the supplier of water rather than a certified laboratory.

(e) Any person who owns and/or operates a nonpublic water system shall sample and analyze the water

for the physical and chemical characteristics listed at N.J.A.C. 7:10-7.2(a) at a frequency established

by the administrative authority.

7:10-7.4 Public notification

(a) Whenever the average of samples collected in any one monitoring period exceeds the recommended

upper limit for iron, manganese or sodium specified at N.J.A.C. 7:10-7.2 in a public community water

system, the supplier of water shall provide public notification by one of the following methods:

1. Newspaper advertisement in a daily or weekly paper serving the local area within 30 days of the

exceedance;

2. Individual notification to consumers by direct mail or flyers within 90 days of the exceedance; or

3. Annual water quality report mailed to consumers provided such annual report is issued within 180

days of the exceedance.

(b) The public notification shall be repeated each calendar year that the exceedance continues.

exceeded, the actual level of iron, manganese or sodium in the water, a description of the potential

adverse effects of the exceedance, and a description of the cause or suspected cause of the exceedance.

SUBCHAPTER 8. DRINKING WATER ADDITIVES

7:10-8.1 Purpose and scope

This subchapter contains the standards for the use or occurrence of direct and indirect additives in public

water systems in order to protect against the adverse health effects of such additives. A supplier of water

shall meet the requirements of this subchapter only with regard to the public water system facility and

related appurtenances under the control of the supplier of water.

7:10-8.2 Drinking water additives

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(a) The Department adopts and incorporates by reference the following ANSI/NSF standards, as amended

and supplemented. The standards may be obtained from NSF International, 475 Plymouth Road, P.O.

Box 130140, Ann Arbor, Michigan 48113-0140.

1. ANSI/NSF Standard 60, Drinking Water Treatment Chemicals, and

2. ANSI/NSF Standard 61, Drinking Water System Components.

i. For the purpose of this subchapter, ANSI/NSF Standard 61 shall apply only to new construc-

tion, or the modification or repair of existing facilities.

(b) Except as provided in (e) and (f) below, a supplier of water shall use only additives and drinking water

system components which meet the standards listed in (a) above.

ANSI to test and certify additives. The supplier of water shall not use additives certified only by the

manufacturer.

(d) The supplier of water shall maintain at the treatment plant, for a minimum period of 10 years, records

of all additives used to treat the water, including additive name, certification, point of addition and

quantities.

(e) If a supplier of water desires to use an additive or component which is not certified pursuant to

ANSI/NSF Standard 60 or 61 and no similar additive(s) or components has been certified by any

organization which has been accredited by ANSI to test and certify additives, the supplier of water

may submit a request to the Department for approval to use the uncertified additive or component on

a temporary basis. The request for approval must include the manufacturer's detailed product infor-

mation regarding potential adverse health effects and the manufacturing and quality control data indi-

cating the purity of the additive.

(f) Any construction materials other than drinking water system components that come in contact with a

water supply are exempt from the requirements of this subchapter, subject to (g) below.

(g) The Department reserves the right to prohibit use of a construction material that it determines is det-

rimental to public health and/or safety when in contact with a water supply.

(h) This subchapter shall become operative May 17, 1997.

SUBCHAPTER 9. SURFACE WATER TREATMENT REQUIREMENTS

7:10-9.1 Purpose and scope

This subchapter establishes minimum treatment requirements for public water systems which use surface

water or ground water under the direct influence of surface water and discretionary changes to the National

Regulations, 40 CFR 141, Subpart H--Filtration and Disinfection, as adopted and incorporated by refer-

ence at N.J.A.C. 7:10-5.1.

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7:10-9.2 Discretionary changes to national surface water treatment requirements

(a) In accordance with the discretionary authority permitted by the National Regulations, for compliance

with the State primary drinking water regulations including surface water treatment requirements, the

following shall apply:

1. Each supplier of water from a system that uses a surface water source or a ground water source

under the direct influence of surface water must provide filtration treatment using a filtration

method or methods as established under the National Regulations, 40 CFR 141.73. The Depart-

ment shall grant exceptions to this requirement only for ground water sources that are determined

to be under the direct influence of surface water pursuant to N.J.A.C. 7:10-9.3 and that meet the

filtration avoidance criteria established under the National Regulations at 40 CFR 141.71 (a) and

(b).

2. Prior to January 1, 2002, for each filtration plant which treats surface water or ground water under

the direct influence of surface water, the filtered water turbidity level shall be less than or equal to

0.5 Nephelometric Turbidity Units (NTU) in at least 95 percent of each month's filter or plant

effluent samples. This standard shall apply to all types of filtration treatments, including, but not

limited to, conventional or direct filtration, slow sand filtration, and diatomaceous earth filtration.

As provided in the National Regulations, 40 CFR 141.73, the Department may increase the turbid-

ity standard for the filtered water for individual filtration plants to 1.0 NTU in 95 percent of each

month's filter or plant effluent samples.

3. Effective January 1, 2002, for each filtration plant which treats surface water or ground water

under the direct influence of surface water, the filtered water turbidity level shall be less than or

equal to 0.3 Nephelometric Turbidity Units (NTU) in at least 95 percent of each month's filter or

plant effluent samples. This standard shall apply to all types of filtration treatments, including, but

not limited to, conventional or direct filtration, slow sand filtration, and diatomaceous earth filtra-

tion.

7:10-9.3 Determination of ground water sources to be evaluated for direct influence of surface wa-

ter

(a) Except as provided at (b) below, each supplier of water shall monitor each raw water source for pH,

turbidity, temperature, conductivity, coliform bacteria and/or particulate matter, in accordance with

N.J.A.C. 7:10-9.5, if the source meets any of the following criteria:

1. The source is an infiltration gallery, spring, cistern, radial well collector or dug well;

2. The raw water quality data for the source indicates the existence of one or more of the following

in the raw water: fecal coliform bacteria, Giardia cysts, or other pathogenic organisms associated

with surface water;

3. The source is a well which has less than 50 feet of casing;

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4. The source is a well and the annular space between the oversized borehole and the well casing is

not grouted;

5. The source is located less than 200 feet horizontally from any surface water body that holds or

carries water continuously for at least 60 calendar days in any year, including, but not limited to,

a stream, river, brook, lake, reservoir, impoundment, pond or creek; and/or

6. The source is less than 200 feet horizontally from a source of microbial contamination which may

involve a ground water discharge, including but not limited to, a septic system, cesspool, feedlot,

stormwater detention basin or point discharge of highway drainage.

(b) The monitoring required pursuant to paragraph (a) above shall not apply to the sources described at

(a)5 and 6 above if the supplier of water demonstrates that such source draws water from a low risk

formation as defined in N.J.A.C. 7:10-1.3.

criteria in (a) above a completed Checklist for Determination of Ground Water Status to the Bureau

of Safe Drinking Water in the Department. Public noncommunity water systems shall submit the

checklist upon the request of the Department, where, based upon a history of noncompliance with

applicable coliform standards, use of disinfectant treatment, and other physical evidence revealed by

inspection, the Department determines that the system's ground water source may be at risk of con-

tamination by surface water.

1. The Checklist shall specify the identification, location, construction, and microbiological quality

of each source.

2. Any Checklist properly completed and submitted to and received by the Department prior to No-

vember 18, 1996 will be considered as complying with this subsection.

7:10-9.4 Monitoring requirements and criteria for determination for ground water sources under

the direct influence of surface water

(a) Each supplier of water that has a ground water source that meets any of the criteria in N.J.A.C. 7:10-

9.3(a) shall monitor that source for a period of one year from the date of receipt of notice of such

determination made pursuant to N.J.A.C. 7:10-9.3 using the procedures set forth in (b) below.

(b) During the one-year monitoring period established pursuant to (a) above, the supplier of water shall

monitor the ground water source according to the sampling scheme below:

1. The supplier of water shall collect precipitation data and sample the raw water source in four series

of six weekly tests, with the series separated by at least 30 calendar days and one of the series

performed during the period of peak production for the source, for all of the following physi-

cal/chemical parameters:

i. pH;

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ii. Temperature;

iii. Turbidity;

iv. Conductivity; and

v. Total coliform bacteria (if a sample result is positive for total coliform, the water shall be

tested for fecal coliform or E. coli).

2. The supplier of water shall sample the raw water source for particulate matter using Microscopic

Particulates Analysis (MPA) as set forth in the U.S. Environmental Protection Agency's "Guidance

Manual for Compliance with the Filtration and Disinfection Requirements For Public Water Sys-

tems Using Surface Water Sources" (dated March, 1991). A minimum of four particulate analyses

shall be performed during the one-year monitoring period. The sampling shall be conducted im-

mediately following significant precipitation events and/or during the period of peak production

for the source and shall be separated by at least 60 calendar days. The analyses shall determine the

presence, if any, of the following:

i. Diatoms;

ii. Rotifers;

iii. Coccidia;

iv. Insect parts and larvae;

v. Cryptosporidium; and

vi. Giardia cysts.

nificant variation during the course of the one-year monitoring period established pursuant to (a)

above, the supplier of water shall switch to particulate matter monitoring as described in (b)2 above

for the remainder of the one-year monitoring period. If the supplier of water does not switch to partic-

ulate matter monitoring, then the raw water source will be considered by the Department to be "under

the direct influence of surface water" and subject to the filtration and disinfection requirements of this

subchapter. The Department considers the following variations to be "significant" for purposes of this

subsection:

1. The turbidity of the raw water source fluctuates more than 0.5 NTU over the course of any one

month;

2. The turbidity of the raw water source exceeds 1.0 NTU at any time;

3. The temperature of the raw water source fluctuates in excess of five degrees Fahrenheit over the

course of any one month or in excess of 15 degrees Fahrenheit over the course of one year;

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4. The pH, conductivity, or temperature of the raw water source varies by more than 20 percent of

the annual average during any one month; or

5. Fecal coliform bacteria occur in the raw water source.

(d) Except as provided at (c) above, only the presence of rotifers, diatoms, coccidia, insect parts and lar-

vae, fecal coliform or E. coli bacteria, Cryptosporidium, and/or Giardia cysts in the raw water source

will be considered by the Department as indicative of direct surface water influence.

(e) Each well in a wellfield shall be individually monitored pursuant to this section, even if all the wells

discharge into a common header, unless physical circumstances prevent such individual monitoring.

(f) A sampling report, including the raw water monitoring results in tabular form and a written description

of the monitoring results, shall be submitted to the Department by mail at the address at N.J.A.C. 7:10-

2.6(b) within 30 calendar days after the completion of monitoring conducted pursuant to this section.

7:10-9.5 Surface water treatment plant reporting requirements

(a) Each supplier of water that uses a surface water source shall submit the following documentation to

the Department:

1. For treatment plants with a capacity of less than 10 MGD, the "Bureau of Safe Drinking Water

Surface Water Treatment Plant Survey," which includes a process schematic drawing of the treat-

ment plant, and detailed information on contact basins, filters and disinfectant, shall be submitted

to the address noted in N.J.A.C. 7:10-9.4(f) by March 30, 1997. For treatment plants with a ca-

pacity of less than 10 MGD that do not meet the filtration and disinfection treatment requirements

established under the National Regulations, 40 CFR 141.73, as determined by the Department

based on information submitted in the Survey, the supplier of water may have the plant evaluated

pursuant to (a)2 below in order to demonstrate compliance with this subchapter.

2. For existing treatment plants with a capacity greater than or equal to 10 MGD, the tracer study

evaluation report prepared as recommended in the U.S. Environmental Protection Agency's "Guid-

ance Manual for Compliance with the Filtration and Disinfection Requirements for Public Water

Systems Using Surface Water Sources" (dated March 1991) as amended and supplemented, shall

be submitted to the address noted in N.J.A.C. 7:10-9.4(f) by June 30, 1997. The tracer study eval-

uation must be performed by either a New Jersey licensed professional engineer who is familiar

with water filtration and disinfection treatment design or the water treatment system operator li-

censed pursuant to N.J.A.C. 7:10A.

3. For new water treatment plants with a capacity greater than or equal to 10 MGD, the tracer study

evaluation report shall be submitted within one year of commencement of operation of the plant.

7:10-9.6 Additional requirements

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(a) Each supplier of water with an existing surface water filtration plant shall install a continuous ana-

lyzer/recorder to monitor the turbidity of the combined filter effluent or plant effluent by June 30,

1997 and shall install a continuous analyzer/recorder to monitor the turbidity of the effluent from each

individual filter by December 31, 2000.

(b) The supplier of water shall verify the accuracy of performance of each analyzer/recorder required

pursuant to (a) above by taking a grab sample of the effluent at least once in every 24-hour period. In

the case of analyzer/recorder failure, the supplier of water shall take a grab sample at least once every

four hours during the period in which the analyzer/recorder is out of service.

minimizing initial turbidity peaks that occur after filter backwashing.

(d) Any filter removed from service for longer than one week shall be backwashed prior to being placed

back into service in order to remove microbiological buildup.

(e) Each supplier of water that uses conventional filtration treatment or direct filtration shall continuously

apply a coagulant while the treatment plant is in operation.

(f) For the purpose of complying with the minimum total removal/inactivation requirements of the Na-

tional Regulations, 40 CFR 141.70, the following total minimum removal/inactivation requirements

for disinfection shall apply:

1. For treatment plants that use conventional filtration treatment, the supplier of water shall provide

sufficient disinfection to achieve a minimum of 0.5-log (68 percent) inactivation of Giardia cysts

and a 2-log (99 percent) inactivation of viruses.

2. For treatment plants that use direct filtration, slow sand filtration and diatomaceous earth filtra-

tion, the supplier of water shall provide sufficient disinfection to achieve a minimum of 1-log (90

percent) inactivation of Giardia cysts and a 3-log (99.9 percent) inactivation of viruses.

3. For treatment plants that use filtration technologies other than those specified in (f)1 and 2 above,

the Department will determine the minimum disinfection requirements on a case-by-case basis.

(g) The Department may modify the minimum removal/inactivation requirements for disinfection set forth

in (f) above if it determines that the removal efficiency of a filtration plant exceeds or is less than

optimum based on the results of filtration efficiency studies, conducted at the treatment plant by the

supplier of water, that indicate log inactivation of Giardia and viruses.

(h) Each supplier of water shall install a continuous analyzer/recorder on each filtration plant to monitor

the disinfectant residual entering the distribution system. The supplier of water shall verify the accu-

racy of the performance of each analyzer/recorder by taking a grab sample of disinfectant residual at

least once in every 24-hour period. In the case of analyzer/recorder failure, the supplier of water shall

take a grab sample at least once every four hours during the period in which the analyzer/recorder is

out of service.

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SUBCHAPTER 10. PHYSICAL CONNECTIONS AND CROSS CONNECTION CONTROL BY

CONTAINMENT

7:10-10.1 Purpose and scope

(a) This subchapter establishes the permit, design, and testing requirements of a backflow prevention de-

vice at facilities with physical connections between public community water systems and facilities

which have sources of water which may be contaminated or of questionable or unknown quality over

which the supplier of water has little or no control for the purpose of protecting the public community

water system from backflow from such waters. This subchapter also establishes a framework for a

public community water system to implement a cross-connection control program that would require

the installation of a containment backflow prevention device at facilities with cross-connection haz-

ards as outlined in N.J.A.C. 7:10-10.9.

(b) The requirements of this subchapter apply in conjunction with the requirements of the Plumbing Sub-

code of the New Jersey State Uniform Construction Code, N.J.A.C. 5:23-3.15, for the prevention of

illegal plumbing cross-connections, and with any other state or local requirements for the practice or

procedure known as "cross-connection control by containment" whereby a backflow prevention de-

vice may be required to protect a public community water system from contamination as a result of

plumbing cross-connections, or any other cross-connections.

7:10-10.2 General provisions and prohibitions

(a) Except as provided in (e) below, each owner of a facility containing an unapproved water supply shall

obtain a physical connection permit pursuant to N.J.A.C. 7:10-10.5 for an approved physical connec-

tion installation and shall install such installation in accordance with the requirements of this subchap-

ter as follows:

1. At each connection between a public community water system and any unapproved water supply;

and/or

2. Where dual but physically separate water lines from a public community water system and from

an unapproved water supply are located within the same building, including fire service lines.

(b) An approved physical connection installation shall be installed in accordance with this subchapter on

each pipe conveying water from the public community water system into a facility supplied with water

in the manner described in (a)2 above, including fire service lines.

community water system, who shall produce proper identification upon request, may enter a facility

where an unapproved water supply is (or suspected to be) located during regular business hours for

the purpose of conducting an inspection and/or test of an approved physical connection installation,

or investigating a suspected violation of this subchapter, or verifying information submitted to the

Department pursuant to this subchapter.

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(d) Any applicant for an initial physical connection permit may, at his or her option, use a certified tester

selected from the most current list of certified testers supplied by the certifying agency to the Depart-

ment pursuant to N.J.A.C. 7:10-10.8(f) for the purpose of performing the initial pressure test and in-

spection of backflow prevention devices pursuant to N.J.A.C. 7:10-10.6. As of February 7, 2012, any

holder of a physical connection permit shall use a certified tester for the purpose of performing quar-

terly pressure tests and inspections pursuant to N.J.A.C. 7:10-10.6.

(e) The requirements of N.J.A.C. 7:10-10.3 through 10.7 do not apply to physical connection installations

in private residences. A physical connection installation shall not be installed in a private residence

except as follows:

1. The licensed operator of the public community water system approves the installation and verifies

that:

i. No portion of the potable water plumbing system of the private residence is interconnected

with an unapproved water supply (for example, private residence well); and

ii. A reduced pressure zone backflow preventer assembly, a double check valve assembly, or

similar backflow prevention device is installed on the public community water system service

line. The supplier of water shall determine the type of device that must be installed.

(f) The permit holder shall maintain all information, data, and test results related to the physical connection

required pursuant to this subchapter at the facility where the approved physical connection installation

is located for a minimum period of five years from the date of issuance of the initial physical connec-

tion permit and from the date of issuance of each renewal permit thereafter. All such information shall

be made available for inspection by the Department, the administrative authority, or the owner of the

water system on request.

7:10-10.3 Approved physical connection installation requirements

(a) An approved physical connection installation shall be either a double check valve assembly or a re-

duced pressure zone backflow preventer assembly, as defined at N.J.A.C. 7:10-1.3, designed and con-

structed in accordance with the requirements of this subchapter.

(b) The approved physical connection installation shall be a reduced pressure zone backflow preventer

assembly when the unapproved water supply is a non-potable water source or a source in which con-

taminant levels measured pursuant to the State primary drinking water regulations at N.J.A.C. 7:10-5

exceed the maximum contaminant levels specified therein.

current physical connection permit issued before November 18, 1996 until such time as the existing

physical connection is replaced or modified.

(d) Each backflow prevention device used in an approved physical connection installation shall be con-

structed as follows:

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1. For devices up to and including two inches in diameter, the double check valve assembly or the

reduced pressure zone backflow preventer assembly shall be of durable, non-toxic plastic, or of all

stainless steel, all bronze, or all brass construction;

2. For devices larger than two inches in diameter, the double check valve assembly or the reduced

pressure zone backflow preventer assembly shall be constructed as described in (d)1 above or shall

be constructed of cast iron or steel, lined with brass, bronze, epoxy resin, stainless steel, or other

durable nontoxic, non-corrodible material acceptable to the Department;

3. The clappers, discs or poppets, hinges, bushings, and seatings of the check valve assemblies in any

device used for an approved physical connection installation shall be constructed of brass, bronze,

stainless steel or non-toxic plastic, and shall be so designed and installed as to be readily replace-

able;

4. Facing rings of the clappers, poppets or discs, or differential relief valves shall be composed of

durable molded natural rubber, synthetic rubber or neoprene, shall be of even thickness, smooth-

faced, water-absorption resistant and shall provide a positive seal against the backflow of water

through the device;

5. Every double check valve assembly and reduced pressure zone backflow preventer assembly shall

have test cocks installed to facilitate the pressure testing required pursuant to N.J.A.C. 7:10-10.6;

6. Every backflow prevention device up to two inches in diameter shall be installed with full port ball

type shutoff valves. For backflow prevention devices that are larger than two inches in diameter,

shutoff valves of the ball valve type are recommended; and

7. Every backflow prevention device up to two inches in diameter shall be installed with full port ball

type shutoff valves. For backflow prevention devices that are larger than two inches in diameter,

shutoff valves of the ball valve type are recommended. Strainers installed upstream of the leading

shutoff valve are recommended for all backflow prevention devices regardless of sizes; and

8. The pipe conveying water from the differential relief port of a reduced pressure zone backflow

preventer assembly shall allow an air gap between the assembly and the drain pipe, and the pipe

shall be of the same diameter as, or larger than, the relief port.

(e) All approved physical connection installations shall meet the following operating conditions:

1. The turbulence in the backflow prevention device shall not be excessive for flow rates up to the

rated flow so as not to interfere with proper operation of the device;

2. All moving parts shall be designed to operate up to the rated flow in a positive manner without

chatter;

3. The backflow prevention device shall not cause water hammer, nor be adversely affected by water

hammer arising from an outside condition; and

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4. The backflow prevention device shall not permit leakage in a direction reverse to normal water

flow.

(f) In addition to the operating conditions set forth at (e) above, all double check valve assemblies shall,

under normal flow conditions, operate so that the independently operating check valves remain closed

until there is a demand for water. Each of the check valves in series must maintain a minimum of one

psi pressure differential in the direction of flow. If, at any time, pressure downstream of the device

increases to within one psi of supply pressure, both check valves must close to prevent backflow.

(g) In addition to the operating conditions set forth at (e) above, all reduced pressure zone backflow pre-

venter assemblies shall, under normal flow conditions, operate so that both check valves are open and

the pressure area between the check valves, called the zone, is at least five psi lower than the supply

pressure. The relief valve, within the zone, is held shut by supply pressure acting through an internal

sensing passage on the relief valve diaphragm. The first check valve in the line of flow must maintain

a minimum pressure differential of five psi and the second check valve in the line of flow must main-

tain a minimum pressure differential of one psi. If the first or second check valve becomes fouled, the

pressure in the zone will increase causing the relief valve in the zone to open automatically and dis-

charge to the atmosphere in order to maintain a pressure in the zone which is at least two psi lower

than the supply pressure, thus preventing backflow.

7:10-10.4 Installation

(a) The approved physical connection installation shall be installed on the customer's side of the water

meter on the pipe(s) conveying the water from the public community water system into a facility, shall

be installed as close to the meter as is reasonably practicable, and shall be prior to any other connec-

tion, unless such other connection is also protected by means of an approved physical connection

installation. For a fire service line, the approved physical connection installation shall be installed

prior to the alarm check and siamese connection.

(b) The approved physical connection installation shall be installed so as to allow easy access, with ade-

quate space for maintenance, inspection, and testing. No part of the device shall be submerged or

subjected to freezing temperatures unless such part is thermally protected.

1. This subsection shall not apply to any physical connection installation operated under a current

physical connection permit issued before November 18, 1996 until such time as the existing phys-

ical connection installation is replaced or modified.

(d) Unless specifically designed for installation in a vertical position, any device used as an approved

physical connection installation shall be installed in the horizontal position. Devices specifically de-

signed for vertical installation shall be installed in an up-feed position.

(e) There shall be no bypass around any approved physical connection installation unless such bypass is

also protected by an approved physical connection installation.

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(f) When a physical connection installation is proposed for a facility whose supply of water from the

public community water system cannot be interrupted for testing and/or maintenance, a redundant

backflow prevention device shall be provided at the facility.

7:10-10.5 Physical connection permit application and renewal procedures

(a) Initial physical connection permit regulations are as follows:

1. Prior to the installation of a physical connection, the owner of the facility where the installation is

to be made shall submit to the Department and to the owner of the public community water system

a completed application form for an initial physical connection permit. The application form may

be obtained from the Department in accordance with N.J.A.C. 7:10-2.6(a).

2. The initial physical connection permit application form includes the following information:

i. The facility name, location and municipality;

ii. The facility owner's name, address and telephone number;

iii. The name of the public community water system;

iv. The name of the administrative authority;

v. The source of the unapproved water supply;

vi. The uses of the public community water system water and the unapproved water supply;

vii. The type of operation conducted at the facility;

viii. The type and size of backflow prevention devices and service connections from the public

community water system;

ix. A certification by the owner of the facility that the proposed installation complies with the

requirements of this subchapter; and

x. As an attachment, a drawing showing the facility layout with street locations, location of any

unapproved water supply, all service connections from the public community water system,

location of backflow prevention device(s) and sufficient longitudinal and transverse sections

to adequately explain the installation.

3. The Department and the owner of the public community water system shall review the application

and notify the owner of the facility in writing if the proposed physical connection installation meets

the requirements of this subchapter.

4. Upon receipt of the notification from the Department and the owner of the public community water

system pursuant to (a)3 above, the owner of the facility shall ensure that the physical connection

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installation is installed in accordance with the application approved pursuant to this section.

5. Upon completion of the physical connection installation, the owner of the facility shall contact the

owner of the public community water system, the Department, and the administrative authority to

arrange for the initial inspection and pressure testing of the physical connection installation in

accordance with N.J.A.C. 7:10-10.6. The pressure test results shall be recorded on the Quarterly

Physical Connection Test and Maintenance Report form.

6. Upon completion of the inspection and pressure testing of the device pursuant to (a)5 above, the

authorized representatives of the public community water system, the administrative authority and

the Department shall complete the Certification of Inspection and Testing Results form obtained

from the Department.

7. The owner of the facility shall obtain the Certification of Inspection and Testing Results form com-

pleted in accordance with (a)6 above and submit the completed certification to the Department.

8. The Department shall review the application and results of the inspection and pressure testing con-

ducted and certified pursuant to (a)5 and 6 above, and shall notify the owner of the facility, the

supplier of water, and the administrative authority in writing of its decision to issue a physical

connection permit or to deny the application. If an application is denied, the Department shall state

the reason(s) for the denial.

(b) Permit renewal rules are as follows:

1. At least 60 days prior to the expiration of a permit, the holder of a current physical connection

permit shall submit to the Department a complete permit renewal application on the form obtained

from the Department at the address specified in (a)1 above.

2. The Physical Connection Permit Renewal application requires the following information:

i. The physical connection permit number;

ii. The facility name, location and municipality;

iii. The facility owner's name, address and telephone number;

iv. The facility owner's signature;

v. The number, type and size of device(s) permitted;

vi. A record of the dates of quarterly pressure tests and internal inspections;

vii. A description of all modifications to existing devices and/or all new devices installed during

the year preceding the application;

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viii. Until February 6, 2011, either certifications from the supplier of water and/or the administra-

tive authority that the backflow prevention device(s) was functioning satisfactorily at the time

of the tests, if the administrative authority and/or the supplier of water representative was pre-

sent during the tests or certification from the certified tester through submission of the Quar-

terly Physical Connection Test and Maintenance Report recommending that the physical con-

nection permit be renewed for one year;

ix. As of February 7, 2012, a certification by a certified tester that the approved physical connec-

tion:

(1) Has been tested for tightness under prevailing pressure conditions at least once every three

months during the year preceding the renewal application;

(2) Has been subjected to an internal inspection within the six months preceding the renewal

application; and

(3) Was functioning satisfactorily at the time of the tests; and

x. A certification by the facility owner that:

(1) The administrative authority and the supplier of water have been notified that the device

was functioning satisfactorily at the time of the tests; and

(2) All information provided in the application is accurate and complete. The certification shall

acknowledge that knowingly providing false or incomplete information may subject the

facility owner to enforcement action in accordance with this chapter.

3. Until February 6, 2011, upon completion of the inspection and pressure testing of the existing

installation, the permit holder shall obtain the certification of the authorized representative of the

administrative authority and/or the owner of the public community water system as to the results

of the inspection and quarterly pressure tests recorded on the Quarterly Physical Connection Test

and Maintenance Report form if the administrative authority and/or the supplier of water's repre-

sentative was present during the tests. The permit holder shall submit the completed Physical Con-

nection Permit Renewal application form to the Department, along with the completed Quarterly

Physical Connection and Maintenance Report forms for the preceding year required by N.J.A.C.

7:10-10.6.

4. The Department shall review the completed Physical Connection Permit Renewal application, and

shall notify the applicant-owner of the facility in writing of its decision to renew the physical

connection permit or deny the application. If an application is denied, the Department shall state

the reason(s) for the denial.

each year, unless otherwise specified in the permit.

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(d) Each applicant for an initial physical connection permit or physical connection permit renewal pursu-

ant to this section shall pay the applicable fee set forth at N.J.A.C. 7:10-15.

(e) Within 120 days after notification from the Department, every application for an initial or a renewal

physical connection permit or for a permit modification under N.J.A.C. 7:10-10.7 shall be submitted

electronically in a format and manner compatible with the Department's electronic permit system.

7:10-10.6 Inspection and testing requirements and procedures for physical connection installa-

tions

(a) Each physical connection installation shall be inspected and tested as follows:

1. A test for tightness under prevailing pressure conditions shall be conducted as required pursuant to

N.J.A.C. 7:10-10.5(a) for an application for an initial physical connection permit and at least once

every three months under an existing physical connection permit pursuant to N.J.A.C. 7:10-

10.5(b).

2. An internal inspection shall be conducted within six months prior to the submission of an application

for permit renewal pursuant to N.J.A.C. 7:10-10.5(b) and, after reassembly, the owner of the fa-

cility shall test the backflow prevention device for tightness to ensure the integrity of the device.

An internal inspection shall consist of the dismantling of a double check valve assembly or a re-

duced pressure zone backflow preventer assembly to visually inspect the integrity of the internal

mechanism including the clappers, discs, and facing rings.

3. The Department shall approve a reduction in the frequency of the pressure tests conducted pursuant

to (a)1 above if the owner of the facility in which the physical connection installation is located

demonstrates to the Department that the facility is not in operation during any time in a calendar

quarter.

4. A reduced pressure zone backflow preventer assembly shall not be subject to the internal inspection

requirement of (a)2 above except for routine maintenance as specified by the manufacturer, or for

investigation of a malfunction, or as specifically required by the supplier of water.

(b) The inspection and testing required pursuant to (a) above shall be conducted either by an authorized

representative of the owner of the facility where the backflow prevention device is installed in the

presence of an authorized representative of the administrative authority and/or the supplier of water,

or by a certified tester who holds a valid backflow prevention device tester certificate issued by a

certifying agency approved by the Department pursuant to N.J.A.C. 7:10-10.8.

1. The owner of the facility may only select certified testers from the most current list of certified

testers supplied by the certifying agency to the Department pursuant to N.J.A.C. 7:10-10.8(f).

2. The administrative authority and/or the supplier of water may require that an authorized representa-

tive of the administrative authority or supplier of water be present to witness the inspection and

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tests conducted by a certified tester.

3. If the tests and inspections are performed by a certified tester, the owner of the facility shall mail

copies of the Quarterly Physical Connection Test and Maintenance Report to the administrative

authority and to the supplier of water within five days of conducting the tests and inspections. The

Quarterly Physical Connection Test and Maintenance Report form may be obtained from the De-

partment in accordance with N.J.A.C. 7:10-2.6(a).

ment as part of an investigation or inspection pursuant to N.J.A.C. 7:10-10.2 or any other provision of

this chapter shall not be considered as a substitute for the inspection and testing required pursuant to

(a) above.

(d) The procedures for testing a double check valve assembly are as follows (see Figure 1 in Appendix

B):

1. Utilizing the differential pressure gauge and not shutting off number 1 shut-off valve.

i. Step 1--Test number 1 check valve as follows:

(1) Verify that the number 1 shut-off is open and number 2 shut-off valve is closed;

(2) Connect the high hose to test cock number 2;

(3) Connect the low hose to test cock number 3;

(4) Open test cocks 2 and 3;

(5) Open high side bleed needle valve on test kit bleeding the air from the high hose. Close the

high side bleed needle valve after high hose bleeding is completed;

(6) Open low side bleed needle valve on test kit bleeding the air from the low hose. Close the

low side bleed needle valve after low hose bleeding completed;

(7) Record the differential gauge pressure reading. It should be a minimum of 1 psi; and

(8) Shut off test cocks 2 and 3 and disconnect the hoses.

ii. Step 2--Test number 2 check valve as follows:

(1) Connect the high hose to test cock number 3;

(2) Connect the low hose to test cock number 4;

(3) Open test cocks number 3 and 4;

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(4) Open high side bleed needle valve on test kit bleeding the air from the high hose. Close the

high side bleed needle valve after high hose bleeding is completed;

(5) Open low side bleed needle valve on test kit bleeding the air from the low hose. Close the

low side bleed needle valve after low hose bleeding is completed;

(6) Record the differential gauge pressure reading. It should be a minimum of one psi; and

(7) Shut off test cocks 3 and 4 and disconnect the hoses.

iii. Step 3--To check tightness of number 2 shut-off valve, both the number 1 and number 2 check

valves shall be tight and holding a minimum of one psi. Also, little or no fluctuation of inlet

supply pressure can be tolerated. The testing is performed as follows:

(1) Connect the high hose to test cock number 2;

(2) Connect the low hose to test cock number 3;

(3) Open test cocks numbers 2 and 3;

(4) Open high side bleed needle valve on test kit bleeding the air from the high hose. Close the

high side bleed needle valve after bleeding of the high hose is completed;

(5) Open low side bleed needle valve on test kit bleeding the air from the low hose. Close the

low side bleed needle valve after bleeding of the low hose is completed;

(6) Record the differential gauge pressure reading. It should be a minimum of one psi;

(7) Connect the bypass hose to test cock number 4 and open test cock number 4;

(8) Open the high side control needle valve and the bypass hose control needle valve on the

test kit. (This supplies high pressure water downstream of check valve number 2);

(9) Close test cock number 2. (This stops the supply of high pressure water downstream of

number 2 check valve). If the differential pressure gauge holds steady, the number 2 shut-

off valve may be recorded as being tight. If the differential pressure gauge drops to zero,

the number 2 shut-off valve shall be recorded as leaking.

(A) With a leaking number 2 shut-off valve, the device is, in most cases, in a flow

condition, and the previous test readings taken from Step 1 and Step 2 are invalid.

Unless a non-flow condition can be achieved, either through the operation of an

additional shut-off downstream, or the use of a temporary compensating by-pass

hose, accurate test results will not be achieved. The tester shall retest until valid

results are achieved.

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iv. This completes the standard field test for a double check valve assembly. Prior to removal of

the test equipment, the tester should ensure that the number 2 shut-off valve is opened, thereby

reestablishing flow and the test kit drained of water.

(e) The procedures for testing a reduced pressure zone backflow preventer assembly are as follows:

1. Install test equipment as shown in Figure 2 in Appendix B.

i. Step 1--Test to ensure that the first check valve is tight and maintains a minimum pressure of

five psi differential pressure as follows:

(1) Verify that the number 1 shut-off valve is open. Close the number 2 shut-off valve. If there

is no drainage from the relief valve, the first check can be assumed to be tight;

(2) Close all test kit valves;

(3) Connect the high pressure hose to test cock number 2;

(4) Connect the low pressure hose to test cock number 3;

(5) Open test cocks number 2 and number 3;

(6) Open high side bleed needle valve on test kit bleeding the air from the high hose. Close the

high side bleed needle valve after the high hose bleeding is completed;

(7) Open the low side bleed needle valve on test kit bleeding air from the low hose. Close the

low side bleed needle valve after the low hose bleeding is completed; and

(8) Record the differential gauge pressure. It should be a minimum of five psi.

ii. Step 2--Test to ensure that the second check valve is tight against backpressure as follows:

(1) Leaving the hoses hooked up as at the conclusion of Step 1 in (e)1i above, connect the

bypass hose to test cock number 4;

(2) Open test cock number 4, the high control needle valve and the bypass hose control needle

valve on the test kit. This supplies high pressure water downstream of check valve number

2. If the differential pressure gauge remains steady, and no water comes out of the relief

valve, the second check valve may be recorded as tight. If the differential pressure gauge

shows a drop in pressure and water comes out of the relief valve, the second check shall be

recorded as leaking;

(3) To check the tightness of the number 2 shut-off valve, leave the hoses hooked up the same

as at the conclusion of Step 2 above, and then close test cock number 2. This stops the

supply of any high pressure water downstream of check valve number 2. If the differential

pressure gauge reading holds steady, the number 2 shut-off valve may be recorded as being

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tight. If the differential pressure gauge drops to zero, the number 2 shut-off valve shall be

recorded as leaking;

(A) With a leaking number 2 shut-off valve, the device is, in most cases, in a flow

condition and the previous readings taken from Step 1 and Step 2 are invalid. Un-

less a non-flow condition can be achieved, either through the operation of an addi-

tional shut-off downstream, or the use of a compensating temporary bypass hose,

(see Figure 2A, Appendix B) accurate test results will not be achieved. The tester

shall retest until valid results are achieved.

iii. Step 3--Check that the relief valve opens at a minimum pressure of two psi below inlet pressure,

as follows:

(1) With the hoses hooked up the same as at the conclusion of Step 2 in (e)1ii above, slowly

open up the low control needle valve on the test kit and record the differential pressure

gauge reading at the point when the water initially starts to drip from the relief valve open-

ing. This pressure reading should not be below two psi.

iv. This completes the standard field test for a reduced pressure zone backflow preventer assembly.

Prior to removal of the test equipment, the tester should ensure that the number 2 shut-off valve

is opened, thereby reestablishing flow and test kit drained of water.

(f) The results of the pressure tests conducted pursuant to (d) and (e) above shall be recorded on the

Quarterly Physical Connection Test and Maintenance Report form submitted with either the initial or

renewal application form as specified at N.J.A.C. 7:10-10.5(a) or (b) as appropriate.

1. The Quarterly Physical Connection Test and Maintenance Report form is available from the De-

partment and includes the following information:

i. The date of pressure test and inspection;

ii. The physical connection permit number;

iii. The make, type, size, model, and serial number of the backflow prevention device;

iv. The facility name and address;

v. Pressure test and internal inspection results; and

vi. A certification of the certified tester (if applicable), administrative authority and supplier of

water.

(g) The owner of a facility shall repair and retest within 30 days any approved physical connection instal-

lation which fails a pressure test and/or an internal inspection. If repairs are not possible and a new

physical connection is required, the facility owner shall secure approval from the Department of the

new backflow prevention device as specified in N.J.A.C. 7:10-10.7.

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(h) Any test kit utilized to conduct the tests pursuant to this section shall be calibrated in accordance with

the recommendations of the test kit manufacturer.

7:10-10.7 Physical connection permit modifications; termination of physical connection permits on

removal of physical connection installations

(a) To effect an administrative change to an existing physical connection permit, the holder of the physical

connection permit shall submit an application on a form obtained from the Department at the address

set forth at N.J.A.C. 7:10-10.5(a) within 14 days of such change. The application shall specify the

permit holder's name, permit number, and address, and shall describe the administrative change. An

administrative change to an existing physical connection permit is required for any one or more of the

following:

1. A change in permit holder's name and/or mailing address;

2. A change in ownership of the facility;

3. A change in any manufacturing process that may have an impact on the public community water

system's water supply; and/or

4. A change in tenancy of the facility in which the physical connection installation is located.

(b) A holder of an existing physical connection permit who seeks to make any of the below-listed modi-

fications to an approved physical connection installation shall submit an application on a form ob-

tained from the Department at the address set forth at N.J.A.C. 7:10-10.5(a). The application shall

specify the permit holder's name, permit number, and address, and shall describe the proposed modi-

fication(s). An application is required for any one or more of the following:

1. Replacement of a backflow prevention device, except as provided at (d) below;

2. Installation of additional backflow prevention devices on water service lines from the public com-

munity water system; or

3. Installation of a new service connection from the public community water system.

the requirements of N.J.A.C. 7:10-10.5(a) to modify the existing physical connection permit for either

of the modifications specified at (b)2 and 3 above, or for the modification specified at (b)1 above if

the replacement of the backflow prevention device is the replacement of a double check valve assem-

bly with a reduced pressure zone backflow preventer assembly pursuant to N.J.A.C. 7:10-10.3(b) and

(c).

(d) Notwithstanding the requirements of (c) above, an application to modify an existing physical connec-

tion permit is not required for the replacement of a reduced backflow preventer assembly with another

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reduced backflow preventer assembly of the same kind and size.

(e) The Department shall terminate a physical connection permit when the physical connection permit

holder removes an approved physical connection installation in accordance with the following proce-

dure:

1. The permit holder shall notify the supplier of water and the administrative authority within seven

days after the permit holder removes the approved physical connection installation;

2. When one or more of several approved physical connection installations is removed from a facility,

an authorized representative of the supplier of water and/or the administrative authority shall vis-

ually inspect and certify in writing to the owner of the facility that the approved physical connec-

tion installation or installations have been removed and that the remaining physical connection

installation or installations meet the requirements of N.J.A.C. 7:10-10.2(a);

3. When all approved physical connection installations are removed from a facility, an authorized

representative of the supplier of water and/or the administrative authority shall visually inspect

and certify in writing to the owner of the facility that the unapproved water supply has been ren-

dered inoperable;

4. Within seven days of receipt by the facility owner of the written certification required under (e)2 or

3 above, the owner of the facility shall submit to the Department a copy of the certification and a

written explanation of the reason(s) for the removal of the approved physical connection installa-

tion or installations, identifying which installations have been removed, and, in the case of removal

of all installations pursuant to (e)3 above, stating that the unapproved water supply has been ren-

dered inoperable;

5. The Department shall terminate the applicable physical connection permit upon receipt of the cer-

tification and explanation required pursuant to (e)4 above, and shall send written confirmation of

the termination to the owner of the facility, the administrative authority, and the supplier of water.

The Department reserves the right to inspect the site of the removed physical connection installa-

tion(s) to ensure compliance with this subchapter.

7:10-10.8 Requirements for approval as a certifying agency

(a) Any person, organization or corporation wishing to be approved by the Department as a certifying

agency to certify individuals as certified testers of backflow prevention devices shall meet the require-

ments of this section.

(b) To apply for approval as a certifying agency to conduct training courses and examinations for the

purpose of certifying individuals as certified testers pursuant to the requirements of this subchapter,

the applicant-certifying agency shall submit to the Department for approval a certification program

that describes the training course and materials for certified testers, and identifies and describes the

qualifications of the course instructors and examiners.

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(a) above and approve or deny the application based on the following factors:

1. The certifying agency shall conduct courses consisting of a minimum of 26 hours of lecture on the

theory of backflow prevention and six hours of practice in the testing of backflow prevention de-

vices;

2. The certifying agency shall administer a written exam on the theory of backflow prevention and a

practical exam on the testing and inspection of double check valve assemblies and reduced pres-

sure zone backflow preventer assemblies made by different manufacturers whose backflow pre-

vention devices are in common use;

3. The certifying agency shall employ course instructors who have at least five years experience in the

public water system industry with direct knowledge of backflow prevention theory and practice;

and

4. The certifying agency shall issue certified tester certificates only to those individuals who success-

fully complete the course and receive a passing grade of 70 percent or higher for the written theory

examination and of 80 percent or higher for the practical examination.

(d) Each approved certifying agency shall retain a record of course attendees and the grades received by

each attendee on the certification examination for a minimum period of five years.

(e) Each approved certifying agency shall establish minimum standards for the periodic (at least every

three years) re-certification of certified testers.

(f) An approved certifying agency shall submit to the Department a list of certified testers as follows:

1. The list shall be in printed and digitized forms in approved formats; and

2. The list may be submitted as often as the approved certifying agency deems necessary to reflect an

accurate listing of all certified testers, but not less than once per calendar year, in order for the

certifying agency to retain its approved status.

(g) The Department shall revoke its approval of a certifying agency if it determines that the certifying

agency is not in compliance with any of the requirements of this section.

1. The Department shall notify a certifying agency in writing of its determination that the certifying

agency is not in compliance with the requirements of this section.

2. The Department shall revoke approval of the certifying agency if such certifying agency does not

achieve compliance within 90 days of its receipt of the notice of noncompliance pursuant to (g)1

above.

3. The Department shall notify all holders of existing physical connection permits within 30 days of

the date of revocation of an approval of a certifying agency pursuant to (g)2 above.

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(h) This section shall become operative May 17, 1997.

7:10-10.9 Cross-connection control by containment

(a) In conjunction with the requirements of the preceding sections of this subchapter and the requirements

of the Plumbing Subcode of the New Jersey State Uniform Construction Code, N.J.A.C. 5:23-3.15,

for the prevention of illegal plumbing cross-connections, and with any other State or local require-

ments for the practice or procedure known as "cross-connection control by containment," the owner

of a public community water system may require any of its customers to install backflow prevention

devices on the public community water system service line(s) when:

1. The customer is a facility with cross-connection hazards as defined at N.J.A.C. 7:10-1.3 and listed

in Appendix A of this subchapter, if the supplier of the water determines that the facility presents

a threat to the public community water system's water quality; or

2. The customer is not a facility with cross-connection hazards but such facility contains a substance,

uses a process, or utilizes water in a manner which may contaminate a public water system.

(b) Any owner of a public community water system who requires the installation of a backflow prevention

device pursuant to (a) above shall have a cross connection control plan in effect which has been de-

veloped in accordance with the United States Environmental Protection Agency's "Cross-connection

Control Manual," June 1989, EPA 470/9-89 007, as revised and/or supplemented from time to time,

and which has been approved by the Department.

7:10-10.10 Requests for adjudicatory hearings

An applicant for a permit under N.J.A.C. 7:10-10.5, for a certification under N.J.A.C. 7:10-10.8, or any

certifying agency whose approval has been revoked by the Department pursuant to N.J.A.C. 7:10-10.8(g),

or any person subject to the limitation on third party appeal rights set forth in P.L. 1993, c. 359 (N.J.S.A.

52:4B-3.1 through 3.3), who believes himself or herself to be aggrieved with respect to decisions made

by the Department pursuant to this subchapter may contest the decision and request an adjudicatory hear-

ing pursuant to Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. and the New Jersey Uniform

Administrative Procedure Rules, N.J.A.C. 1:1, in accordance with the appeal procedures set forth at

N.J.A.C. 7:10-11.17.

APPENDIX A

FACILITIES WITH CROSS-CONNECTION HAZARDS

The following is a list of the types of facilities which are considered as possible cross-connection hazards.

I. Medical Facilities

1. Hospitals

2. Clinics

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3. Laboratories

4. Veterinary hospitals/clinics

5. Nursing and convalescent homes

6. Physical therapy clinics

7. Morgues

8. Mortuaries

9. Autopsy facilities

10. Embalmers

11. Medical offices with radiographic, physical therapy, and/or laboratory facilities.

II. Treatment plants

1. Sewage treatment plants

2. Waste water treatment plants

3. Industrial waste treatment plants

4. Pumping stations (sewage, waste water, industrial waste)

III. Commercial manufacturing/storage

1. Automotive plants

2. Aircraft/Missile plants

3. Beverage bottling plants

4. Breweries/distilleries

5. Chemical plants (manufacturing, use, storage, treatment, disposal)

6. Car wash facilities (automatic or self-serve)

7. Dairies and cold storage plants

8. Metals manufacturing plant (Cleaning, processing, refining, fabricating)

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9. Paper and paper product plants

10. Petroleum or gas processing or storage facilities

11. Photographic film processing plants

12. Plating plants

13. Power plants

14. Radioactive materials or substances plants or handling facilities

15. Rubber plants (natural or synthetic rubber production)

16. Sand, gravel, concrete or asphalt plants

17. Technical schools, colleges, and universities

18. Solar heating systems (direct or auxiliary)

19. Temporary services (street cleaners, tank trucks) using hydrants

20. Waterfront facilities (docks, marinas, etc.)

21. Food processing (manufacturing, canning, packaging)

IV. Buildings

1. Building with sewage ejectors

2. Building with water booster pump and/or water storage tank

3. Supermarkets

4. Restaurants

5. Schools, research facilities, and any buildings with laboratories

6. Buildings with fire service

7. Warehouses used for storage of hazardous materials

8. Factories

9. Shopping malls

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APPENDIX B

SUBCHAPTER 11. STANDARDS FOR THE CONSTRUCTION OF PUBLIC COMMUNITY

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WATER SYSTEMS

7:10-11.1 Purpose and scope

This subchapter establishes the permit requirements and standards for the design and construction of new

or modified public community water systems.

7:10-11.2 Penalties

Violation of any provision of this subchapter may subject the owner of a public community water system

to an enforcement action and penalty in accordance with the State Act and N.J.A.C. 7:10-3.

7:10-11.3 Deviations from construction standards

(a) The Department shall issue a permit to construct a public community water system that deviates from

the standards and requirements of this subchapter if the permit applicant establishes that the proposed

public community water system provides adequate protection of the water system's water supply as

defined at N.J.A.C. 7:10-11.4. The Department shall review such a permit application using a con-

servative evaluation of data submitted by the applicant pursuant to (b) below.

(b) An applicant for a permit to construct a public community water system that deviates from the stand-

ards and requirements of this subchapter shall submit analytical and survey determinations which

demonstrate either of the following:

1. That source of water supply is adequately protected by natural means; or

2. That of a comparable water system or pilot plant has been operated or for a period of time sufficient

to demonstrate that adequate protection of the water supply.

7:10-11.4 Additional definitions and general provisions

(a) In addition to the words and terms defined at N.J.A.C. 7:10-1.3, the following terms are defined for

the purposes of this subchapter:

1. "Adequate protection" means construction methods which ensure that the water that reaches con-

sumers complies continuously with the physical, chemical, and bacteriological requirements of the

State Primary Drinking Water Regulations at N.J.A.C. 7:10-5. The term "adequately protected"

shall be construed accordingly.

2. "Dechlorination" means the partial or complete removal of residual chlorine by any chemical or

physical process.

3. "Firm capacity" means adequate pumping equipment and/or treatment capacity (excluding coagu-

lation, flocculation, and sedimentation), and/or adequate capacity by supply from another water

system pursuant to contract to meet peak daily demand as determined under N.J.A.C. 7:10-

11.5(e)1 when the largest pumping or treatment unit is out of service.

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4. "Major pollutant source" means any wastewater treatment plant discharge, any documented ground

water contamination, any liquid chemical or fuel storage facility with capacity greater than 2,000

gallons, any military facility, any industrial treatment lagoon, any automotive service station, any

landfill (open, closed or inactive), any industrial facility (including dry cleaning facilities), any

septic system, any cemetery, any salt storage facility, any highway maintenance yard, any truck

and/or bus maintenance yard, any underground fuel and chemical storage tank with a capacity of

2,000 gallons or more, any livestock operation, any body of surface water containing salt or brack-

ish water, any quarrying and/or mining facility, any asphalt and concrete manufacturing facility,

and any open dump or junkyard.

5. "Minor pollutant source" means any liquid chemical or fuel storage tank with capacity less than

2,000 gallons, any stormwater detention or retention basin, any sanitary sewer line, any sanitary

sewer manhole, any sanitary sewer pump station, any septic tank or leaching field, any sewage

treatment facility, any active farm, and any facility to which the Department has issued a discharge

permit pursuant to N.J.A.C. 7:14A.

6. "Modify" means to make any change to a public community water system which results in the

addition or replacement of a water supply, treatment process, pumping station, storage tank, or

distribution system. The terms "modification" and "modified" shall be construed accordingly. The

cleaning and lining of water mains, and the replacement of valves, hydrants, pumps and controls

do not constitute a modification to the water system.

7. "Post-chlorination" means the addition of chlorine to the treated water at a water treatment plant

effluent, following all other treatment processes, for the purpose of disinfection.

8. "Pre-chlorination" means the addition of chlorine to the water at a water treatment plant, prior to

other treatment processes, for disinfection, oxidation, and control of tastes, odors and microbio-

logical growth.

9. "Pretreatment" means a water treatment plant process employed to prepare water for filtration,

including mixing, coagulation, flocculation or softening, and sedimentation.

10. "Superchlorination" means the addition of chlorine to the water at a water treatment plant in

amounts sufficient to produce chlorine residuals so large as to require dechlorination.

(b) In the case of an extensive or complex proposed public community water system or one that deviates

from the standards and requirements of this subchapter as provided in N.J.A.C. 7:10-11.3, the Depart-

ment recommends that the applicant request a preapplication conference to discuss preliminary plans

and data.

classifications apply to natural waters intended as sources of supply for potable water purposes:

1. All water obtained from a subsurface source by a well is classified as ground water.

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2. All water obtained from a river, stream, drainage basin, natural lake, artificial reservoir, or im-

poundment above the water supply intake, and all ground water in which the average total coliform

concentration exceeds 50 per 100 milliliters in any one month, based on weekly monitoring, is

classified as surface water.

3. All water obtained from a subsurface source by a well, when the well has a casing length less than

50 feet or has a screen or uncased borehole within 50 feet of a surface water body (unless in a

confined aquifer or a low risk formation) or when the water has significant occurrences of insect,

or other macroorganisms, algae, or large diameter pathogens such as Giardia lamblia, Cryptospor-

idium, or fecal coliform, or when the water has significant and relatively rapid shifts in character-

istics such as turbidity, temperature, conductivity, or pH, that closely correlate to climatological

conditions, is classified as ground water under the direct influence of surface water.

(d) The Department may terminate review of and return without prejudice any application for a permit

under this subchapter which has remained technically deficient for three years after the date of sub-

mittal.

(e) The review of permit applications under this subchapter is limited to safety, sanitary and certain hy-

draulic engineering features of public health significance. The review does not include the examina-

tion of structural, hydraulic, mechanical, electrical design, or economic factors. The Department re-

serves the right to deny an application for a permit to construct a public water system that, in the

Department's determination, presents a danger to the public health or safety.

(f) The approval of other regulatory programs within the Department and/or of the Board of Public Util-

ities (BPU) may be required for a public community water system. The Department recommends that

an applicant for a permit under this subchapter contact the respective regulatory programs regarding

water diversion rights, well drilling permits, stream encroachment permits, and wetlands permits, and

the Board of Public Utilities regarding approval of municipal franchises, rates, and charges.

7:10-11.5 Permit requirement; application contents

(a) No person shall construct or modify a public community water system prior to obtaining a permit from

the Department pursuant to this subchapter.

1. All applications for a permit to construct or operate a new public community water system shall

comply with the requirements regarding technical capacity, and managerial and financial capacity,

set forth at N.J.A.C. 7:10-13.3 and 13.4.

(b) An application for a permit to construct or modify a public community water system shall be submitted

in accordance with this section and shall include the information required under (e) through (i) below.

The engineer's report prepared pursuant to (d) below shall be signed by a qualified New Jersey licensed

professional engineer and the plans shall bear the engineer's seal as required by N.J.S.A. 45:8-45.

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1. A completed Standard Application Form obtained from the Department as provided at (c)1ii below,

which shall include the name and address of the applicant, the licensed professional engineer's

description of the project with an estimate of the project cost, and signatures of the applicant and

the licensed professional engineer. Machine copies are not acceptable.

i. The application form shall be signed by an official (with title) or an authorized agent of the

public body, company, or corporation that will own and/or operate the public community water

system. If the application is signed by an authorized agent, a certified copy of the authorization

shall be attached.

ii. The Standard Application form, administrative and technical checklists, and instructions for

completing the Standard Application form can be obtained from the Department in accordance

with N.J.A.C. 7:10-2.6(a).

2. A copy of a resolution issued by the municipality or municipal utilities authority which consents to

the public community water system providing water service within a specified area or territory of

concern (commonly known as the "franchise area") pursuant to N.J.S.A. 48:2-14;

3. A copy of the application filed with the Board of Public Utilities (BPU) which petitions the BPU

for approval of the municipal consent for the franchise area, for approval of the initial rates and

tariffs applicable to the public community water system and for approval of the issuance of stock

and assumption of debt by the public community water system pursuant to N.J.S.A. 48:2-1 et seq.

and N.J.A.C. 14:1;

4. The plans, specifications, firm capacity and water allocation analysis, and engineer's report de-

scribed at (d) through (i) below;

5. A copy of a Pinelands Certificate of Filing, Notice of Filing, Certificate of Completeness, Prelim-

inary Zoning Permit, resolution of the Pinelands Commission approving the project or a letter from

the Pinelands Commission indicating that the project is exempt from Pinelands Commission re-

view;

6. A map identifying the existing and proposed water system including sources, treatment, distribution

and storage facilities, and the water service area. For the purposes of this section, "water service

area" means the geographical area within which a water system operates for the provision of water.

The mapped water service area shall clearly delineate the boundary of the geographical area cur-

rently served by the existing water system, in addition to the area anticipated to be served upon

completion of the proposed water system. Mapping shall be in the form of digital Geographic

Information Systems (GIS) data, at a scale of 1:12,000. Digital mapping shall conform to the "New

Jersey Department of Environmental Protection Mapping the Present to Protect New Jersey's Fu-

ture: Mapping and Digital Data Standards," in N.J.A.C. 7:1D, Appendix A. Guidance related to

the mapping and digital data standards is available at the Department's website at http://www.

state.nj.us/dep/gis. The Department will provide its GIS theme coverages, associated metadata and

digital data transfer standards, as established at N.J.A.C. 7:1D, Appendix A, at the request of the

applicant; and

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7. The applicable permit application review fee pursuant to N.J.A.C. 7:10-15.

(d) The engineer's report shall contain the following, as applicable:

1. A description of any existing water system as related to the proposed water system, which shall

include all sources, treatment, distribution and storage facilities, including any water main exten-

sion or service connection, expected to be in service upon completion of the proposed water system

improvement(s);

2. Information on present and anticipated future population served by the public community water

system together with present and anticipated water demand. The design period should, in general,

be 25 years unless a shorter design period can be justified;

3. Information on the source of water supply, as follows:

i. A listing of the water allocation permit(s) issued under N.J.A.C. 7:19 related to the subject

application, including the permit number(s), monthly and annual diversion limits, and all ap-

proved bulk purchase agreements, as applicable;

ii. For a surface water source, the safe yield from surface sources as defined at N.J.A.C. 7:19-6.2;

characteristics of the quality of the water in relation to treatability; information from a sanitary

survey on the major and minor pollutant sources; and existing or proposed measures to ensure

adequate protection of the supply;

iii. For a groundwater source or a groundwater source under the direct influence of a surface water,

the dependable yield of subsurface sources or the dependable yield of combined sur-

face/groundwater sources, as applicable, as defined at N.J.A.C. 7:19-6.2; a general description

of proposed well construction; data on the geological strata expected to be penetrated and the

effect that such strata may have on the quality of the water; available information on the de-

pendable yield and water quality; test well findings (if any); major and minor pollutant sources

within a radial distance of 500 feet or the zone of capture of the well, whichever is greater, or,

in the case of a creviced or fissured rock formation or unconfined aquifer, within a larger area

as determined pursuant to N.J.A.C. 7:10-11.7; a general description of the construction fea-

tures proposed to protect the well from major and minor pollutant sources; a copy of the pro-

posed well formation log showing the types and thicknesses of formations penetrated by the

well (if this log is not available at the time of application, it must be submitted to the Depart-

ment when the well has been constructed); and a copy of the well pump test, pursuant to

N.J.A.C. 7:10-11.7;

4. A description of pumping equipment, including capacity of pump units and type of drive, general

information on the arrangement of facilities, standby power (if provided), control of operation, and

alarm systems;

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5. A description of proposed treatment processes, including data demonstrating that the processes will

produce treated water that meets the requirements of the State primary and secondary drinking

water regulations at N.J.A.C. 7:10-5 and 7, and information on the type and application rate of any

drinking water additive and the capacity of each feed unit;

6. A description of proposed methods for the treatment and disposal of sludge and filter backwash;

7. A description of sanitary safeguards of the storage, transmission, and distribution system;

8. A conceptual description of the entire water system to be built if the proposed system is to be built

in stages;

9. Total estimated cost of construction of the proposed system, and in addition estimated legal and

engineering fees, and the estimated cost of all related infrastructures;

10. In the case of modification or an addition to an existing water treatment plant, plans for maintaining

existing treatment units in operation during construction or for providing an adequate alternative

water supply; and

11. If any existing treatment unit will be shut down during construction, a schedule for delivering

water meeting the requirements of the State primary and secondary drinking water regulations at

N.J.A.C. 7:10-5 and 7 during the shutdown period.

(e) Except for a non-capacity-related water system modification, a firm capacity and water allocation

analysis for the proposed water system shall be submitted on the form available from the Department

in accordance with N.J.A.C. 7:10-2.6(a). The firm capacity and water allocation analysis shall demon-

strate that either (e)1 and 2 below are both met, or, as an alternative to (e)1 and 2 below, that (e)3

below is met:

1. The proposed water system will have adequate firm capacity to meet peak daily demand, including:

i. Existing peak daily demand, that is, the average daily demand as recorded in the peak month

of the prior five years;

ii. Anticipated peak daily demand estimated in accordance with (f) below; and

iii. Anticipated peak daily demand, as of the date of application submission, from:

(1) All previously approved, but not yet completed, water main extensions or connections to

the water system authorized pursuant to N.J.A.C. 7:10-11.10(b); and

(2) Where a permit is not required pursuant to N.J.A.C. 7:10-11.10(b), all water main exten-

sions or connections to the water system, committed to by the water supplier, which have

not yet been completed.

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2. The applicant for the proposed water system possesses a valid water allocation permit issued by

the Department under N.J.A.C. 7:19, with applicable limits and/or bulk purchase agreements to

divert or obtain the amount of water needed to meet the monthly and annual estimated demands

for the proposed system in accordance with (g) below.

3. The proposed water system is necessary to alleviate an adverse environmental impact or a threat to

public health, safety or welfare, including, for example, where the existing water supply provided

by a public noncommunity or nonpublic system does not meet drinking water standards, or an

individual domestic well has lost yield and is unable to meet existing demand or is threatened by

contamination.

4. For the purpose of the firm capacity and water allocation analysis under this subsection, the con-

struction of a water main extension shall be considered complete when water is being delivered to

the realty improvements approved under the permit, provided that the number of any realty im-

provements to which water is not being delivered is below the threshold for a permit as set forth

at N.J.A.C. 7:10-11.10(b).

(f) Anticipated peak daily water demand shall be estimated as follows:

1. For residential development, determine the average daily water demand in accordance with the

Department of Community Affairs' Residential Site Improvement Standards (RSIS) at N.J.A.C.

5:21-5.2, Table 5.1 "Water Demand/Generation by Type/Size of Housing" ;

2. For non-residential development, determine the average daily water demand in accordance with

N.J.A.C. 7:10-12.6(b)2, Table 1; and

3. Multiply the sum of the average daily water demand determined under (f)1 and 2 above by a peak-

ing factor of three.

(g) For the purposes of demonstrating compliance with the applicable water allocation permit limits and/or

bulk purchase agreements under (e)2 above, the applicant shall estimate anticipated water demand as

follows:

1. Determine average daily water demand in accordance with (f)1 or 2 above, as applicable;

2. Multiply the average daily water demand determined under (g)1 above by a peaking factor of 1.5

and then by 31 to determine the estimated peak monthly water demand;

3. Multiply the average daily water demand determined under (g)1 above by 365 to determine the

estimated annual water demand;

4. To the estimated peak monthly and annual demand calculated in (g)2 and 3 above, add the antici-

pated peak monthly and annual water demand on the proposed water system, as of the date of

application submission, from:

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i. All previously approved, but not yet completed, water main extensions or connections to the

water system authorized pursuant to N.J.A.C. 7:10-11.10(b); and

ii. Where a permit is not required pursuant to N.J.A.C. 7:10-11.10(b), all water main extensions or

connections to the water system committed to by the water supplier, which have not yet been

completed.

5. The existing peak monthly demand and existing peak annual demand, as recorded in the prior five

years, shall be added to the estimated peak monthly and estimated annual demand calculated under

(g)4 above and compared to the monthly and annual diversion limits in an applicable water allo-

cation permit along with any bulk purchase agreements to ensure that anticipated demand will not

exceed the volume of water authorized to be diverted in a permit issued by the Department pursu-

ant to N.J.A.C. 7:19.

(h) The application shall include specifications that describe the sanitary safeguards of the proposed sys-

tem, including the method or methods of disinfecting facilities. Specifications regarding the general

contract, notice to bidders, and detailed specifications for items such as doors, windows, fittings, fix-

tures, steel work, concrete and wood are not required to be submitted for purposes of this subchapter.

(i) The engineering design plans shall meet the following requirements:

1. Plans shall include construction drawings in sufficient detail to facilitate examination of and com-

prehension of the proposed water system. The north point and datum shall be noted on each draw-

ing. Topography shall be shown by elevations, contours or other suitable methods. Where perti-

nent, roads, streams, municipal boundaries, flood elevations, and other relevant geographical fea-

tures shall be shown, including locations of watersheds, reservoirs, wells and well fields, water

treatment plants, existing water transmission mains and distribution mains, water storage tanks,

fire hydrants, and major and minor pollutant sources. In the case of transmission and distribution

mains, an index page shall be supplied showing by number the area and districts covered by the

various sheets.

2. Plans shall be drawn to standard scale on uniformly sized sheets. Each sheet shall contain necessary

titles, scales, dates, water system owner's name and a general description of the water system. Each

sheet shall bear the engineer's seal as required by N.J.S.A. 45:8-45.

3. The preferred drawing size is 24 inches by 36 inches, including suitable margins. Lettering shall

be sufficiently large to permit photo-reduction, and all plans shall have graphic scales.

4. Sheets shall be bound together.

5. All topographical symbols and conventions shall be defined. Water transmission and distribution

mains to be constructed for the portion of the water system for which the permit to construct is

sought, if the proposed system is to be built in stages, and/or in the future shall be shown by suitable

conventions. Where applicable, existing sanitary sewers and combined sewers shall be shown by

clear designations.

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6. Surface elevations shall be drawn for all relevant parts of the proposed water system, with dimen-

sions sufficient to permit verification of the operations of the system. Datum shall be stated.

7. Plans for intake structures, pumping equipment, water treatment plants, and similar structures shall

include a general plan showing the various treatment and pumping units and structures of the pro-

posed water system, and, except as provided in (f)ii below, detail plans for all such units and struc-

tures.

i. All plans shall show longitudinal and transverse sections sufficient to explain the construction

of each treatment unit, including the hydraulic profile through the plant, when applicable.

ii. Pursuant to N.J.A.C. 7:10-11.4(f), only the detail plans relevant to the examination conducted

by the Department must be included. Detail drawings for the guidance of builders or contrac-

tors (for example, structural details, reinforcement details, details of heating, ventilation, elec-

trical work, architectural details, and the electrical-mechanical details of pumps, engine and

machinery) need not be included.

8. Plans for wells shall include site plans, schematic drawings and detail drawings as follows:

i. Site plans for wells shall show:

(1) The topography and the location of existing and/or planned wells in the well field for the

proposed water system. Each well shall be given an identifying number in chronological

order of planned construction;

(2) The identification of the ownership of all land within a fifty foot radius of each well and the

location of all potential major and minor pollutant sources; and

(3) The elevation of each well head above a common datum plane and the 100 year flood eleva-

tion.

ii. Schematic drawings for wells shall include as much detail as practicable, and shall show:

(1) The length, size and location of casings and screens;

(2) The method of sealing off shallow ground water and waters from other aquifers from entering

the well, including the sealing of the annular space between the drill hole and the outer

casing and the surface strata;

(3) Drawing(s) of the pumping unit(s), including prime and standby power sources;

(4) The plan and section view of the pump house or any similar structure; and

(5) The method of connecting the well or other ground water source with the distribution system

of the existing or proposed water system.

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iii. Detail drawings for wells shall show:

(1) Details of the well head, including elevations of protective curbing, top of casing, pump

house floor and surrounding grade;

(2) The method of sealing the well head against surface water contamination;

(3) The location of well vents and the methods for protecting them against contamination; and

(4) The well head piping details, showing locations of check valve, surge or air relief valve,

shutoff valves, sampling taps, water level indicator, flow meter, discharge pressure gauge,

and blowoff connection to permit pumping to waste.

9. Plans for water main extensions shall include:

i. Site plans showing the location of the proposed water main, the right-of-way or easement, sani-

tary and storm sewers and other utilities in the proposed construction area;

ii. Elevations and details sufficient to show clearances and construction methods in the vicinity of

sanitary sewers;

iii. The methods of connecting to the existing water supply and maintaining adequate protection

of the existing water supply; and

iv. The locations of valves, hydrants, blowoffs and flushing connections.

(j) The Department shall make a determination of administrative completeness for each application as

follows:

1. If the application does not contain all documents and information required pursuant to this section,

the Department shall within 20 working days after receipt of the application, either return the ap-

plication or advise the applicant in writing as to the additional information required to make the

application administratively complete and the date by which the additional information must be

received by the Department. If an application is returned, the applicant will be advised in writing

as to the additional information required to make the application complete; and

2. If the application contains all documents and information required pursuant to this section and is

determined to be administratively complete, the Department, within 20 working days after receipt

of the application, shall so advise the applicant in writing.

(k) The Department shall make a determination of technical completeness for each application within 60

working days after declaring the application administratively complete as follows:

1. If the application does not contain sufficient technical information as required pursuant to this

section or if the technical information requires clarification, the Department shall so advise the

applicant in writing and establish a date by which additional or clarifying information must be

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received by the Department. If additional or clarifying information is not received by the specified

date, the Department may:

i. Return the application;

ii. Extend the date by which the applicant must provide the additional or clarifying information;

iii. Deny the application

2. Upon making a determination that an application is technically complete, the Department will per-

form a detailed analysis and will develop a staff recommendation to issue the permit or deny the

application. The staff recommendation shall include any conditions to be attached to the permit if

the recommendation is to issue the permit or an explanation of the reasons for denial if the recom-

mendation is to deny the application.

(l) The Department shall issue a permit, with any conditions deemed appropriate by the Department, for

the construction of the proposed water system and distribution of potable water from said water system

if the application meets all applicable requirements of this chapter. If the Department denies the ap-

plication, the Department shall provide a written explanation of the reasons for denial.

(m) Each permit for a public community water system issued under this subchapter on or after February

7, 2011 is valid for a term of five years from the date of issuance. If construction of a facility is not

completed prior to the permit expiration date, upon request the Department shall extend the permit

term by a period of up to two years, provided:

1. The request to extend a permit is submitted to the Department at least 90 days prior to expiration

date of the existing permit;

2. The permit holder demonstrates that there has been no significant change in any of the following

between the date the existing permit was issued and the date the application for extension is sub-

mitted:

i. The project and activities that were approved in the existing permit including projected demand

if applicable; and

ii. The available firm capacity and water allocation determined in accordance with N.J.A.C. 7:10-

11.5(e);

3. The Department shall deny a permit extension if the permit holder is in receipt of a Department

order regarding a violation of any of the terms of the existing permit;

4. If the requirements of this subsection are not met, the existing permit shall expire and construction

activities shall stop until a new permit is obtained; and

5. An expired permit shall not be extended.

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(n) Within 120 days after notification from the Department, every application for a permit for a public

community water system, as well as the supporting documentation required at (c) through (i) above,

shall be submitted electronically in a format and manner compatible with the Department's electronic

permit system.

7:10-11.6 General requirements for source, treatment, storage and distribution components

(a) The components of a public community water system, including source, treatment, storage and distri-

bution facilities shall be designed and constructed to meet all the demand requirements imposed on

the water system and shall have the firm capacity to meet the applicable peak daily demand as defined

at N.J.A.C. 7:10-11.4(a).

(b) Regulations for instrumentation are as follows:

1. Each water supply source shall be equipped with a totalizing flow meter. For water systems for

which the total average flow exceeds 0.1 MGD, flow recording equipment shall be installed for all

wells and pump stations.

2. Each water supply source shall be equipped with instrumentation sufficient to ensure the proper

operation of the treatment plant associated with the water supply source.

3. There shall be devices and/or equipment to determine the water level elevation in each distribution

storage tank.

4. Each pump shall be equipped with a discharge pressure gauge.

mination of chlorine residual concentrations, and, if treating surface water, with equipment for the

measurement of turbidity. In addition, every water treatment plant shall be equipped with analytical

equipment for water quality control tests appropriate to the type of water treatment used. A laboratory

located at a water treatment plant that provides only day-to-day water quality control testing need not

be a certified laboratory, but the analytical methods and procedures it uses must be in accordance with

Standard Methods for the Examination of Water and Waste Water, 17th Edition, as amended and

supplemented, incorporated herein by reference. Standard Methods is available from the American

Public Health Association, 1015 Fifteenth Street, Washington, DC 20005.

(d) Upon completion of the construction of any component of a public community water system, including

source, treatment, storage, and distribution mains, and before such component is placed into service,

all surfaces which may come in contact with adequately protected water shall be disinfected in accord-

ance with American Water Works Association (AWWA) standards for disinfection of facilities

ANSI/AWWA-C651 through C654, as amended and supplemented, incorporated herein by reference.

AWWA standards may be obtained from the American Water Works Association, 6666 West Quincy

Avenue, Denver, Colorado 80235.

(e) Cross connections are prohibited as follows:

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1. Cross connections are prohibited in any water treatment plant between any pipe or conduit carrying

finished water and another pipe or conduit carrying wastewater, raw water, or water in any prior

stage of treatment.

2. No conduit or chamber containing finished water shall have a common partition with another con-

duit or chamber containing waste filter wash water or water in any prior stage of treatment, unless

the common partition is made completely impermeable by use of an acceptable protective mem-

brane.

3. Sludge draw-off lines, filter backwash discharge lines, well blow-off lines, and overflows from any

water treatment or treated water storage reservoir or tank shall not be connected directly into any

storm drain, sanitary sewer, or water source, but shall be protected by a suitable one way air-gap-

delivery connection to ensure that no backflow can occur under any condition.

4. Priming systems for pumps shall prevent the contamination of adequately protected water.

5. Sump pumps for underground pump stations shall not discharge into sanitary sewers.

(f) Regulations for treatment and disposal of water treatment plant process wastes are as follows:

1. Water treatment plant process waste, such as sludge from coagulation and sedimentation tanks and

filter backwash water, shall ordinarily be treated before being discharged into any waters of this

State. The degree of treatment shall be contingent upon the character of the waste and its effect

upon the receiving waters. The discharge of process waste is prohibited except in accordance with

the requirements of a New Jersey Pollution Discharge Elimination System (NJPDES) permit is-

sued pursuant to N.J.A.C. 7:14A.

2. When the water treatment plant process waste is required to be treated on site, the minimum treat-

ment of water treatment plant process waste shall be by plain sedimentation in a minimum of two

lagoons, and shall be provided with a minimum total combined capacity equivalent to 24 hours of

wastewater flow.

3. Water treatment plant process waste shall not be discharged to a sanitary sewer system except in

accordance with the New Jersey Pollutant Discharge Elimination System rules, N.J.A.C. 7:14A,

and with written approval from the appropriate sewerage authority.

(g) Regulations for building construction, safety, and security are as follows:

1. Each water treatment plant and pump station shall be housed in a building constructed of durable

and fire-resistant materials.

2. Buildings shall be constructed so that surface water will not enter or lie against the building. Nor-

mally, the ground floor shall be at least six inches above the surrounding ground. Buildings shall

be protected against flooding by locating them above the 100 year flood plain or providing water-

proof doors or covers for all openings below that level.

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3. All floors, dry wells, meter pits, interconnection chambers, piping galleries and similar structures

not intended to contain water shall be self-draining without possibility of backflow. If necessary,

sufficient sump pumping capacity shall be provided for the removal of water.

4. Adequate heating, lighting, ventilation and, if required, dehumidification shall be provided.

5. Buildings shall be protected against unauthorized entry and vandalism.

6. Treatment facilities in pits are prohibited.

7. Office space, a workshop, a laboratory, and storage shall be provided, as needed.

8. All surface water treatment plants shall contain drinking water and lavatory facilities for personnel.

9. A safety shower is required in locations where hazardous chemicals are handled pursuant to

N.J.A.C. 7:10-11.12(e) and is recommended for all facilities where chemicals are stored or han-

dled.

10. All facilities shall be equipped with necessary safety features, including access ladders, railings at

the tanks and walkways, guards around belts and other moving parts, handrails at stairs or steps,

adequate ventilation of enclosures, and such special provisions for handling of chemicals as are

required pursuant to N.J.A.C. 7:10-11.12. Nonslip treads on stairs shall be provided, and the slope

of the stairs shall meet New Jersey Department of Labor requirements. Warning signs shall be

posted in hazardous locations. A first aid kit shall be provided.

(h) All water treatment plants, which have a capacity of 1 MGD or more and include filtration treatment,

shall have readily available a complete outfit of necessary tools and accessories for the proper opera-

tion and maintenance of the facility.

(i) Auxiliary power requirements are as follows:

1. Auxiliary power shall be provided for a water supply source and/or treatment facility when such

facility is a primary component of a water system and is indispensable to the effective operation

of the water system.

2. Auxiliary power shall be provided for a distribution system pump station when a pump station has

to pump continuously into a pressure zone without storage facilities. If needed, pump stations

shall be provided with one electrical source, and one standby source either for emergency power

generation or direct drive to the pumping equipment.

3. Auxiliary power equipment, when provided or required, shall be designed and have sufficient ca-

pacity so as to effectively operate all pumping and water treatment processes in the event of failure

of the primary power source for the water system.

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(j) Materials and equipment used to construct a public community water system shall meet the following

requirements:

1. Material and/or equipment shall not contribute contaminants to the drinking water nor impart any

taste and odor to the drinking water.

2. Coating materials that are in contact with adequately protected water shall comply with ANSI/NSF

Standard 61, as amended and supplemented, incorporated herein by reference. ANSI/NSF stand-

ard 61 may be obtained as provided at N.J.A.C. 7:10-8.2(a).

3. The use of lead in any component of a water system shall meet the following standards:

i. The lead content of solder and flux shall not exceed 0.2 percent by weight;

ii. The lead content of pipes, fittings and any other metallic component shall not exceed eight

percent by weight;

iii. Lead packers shall not be used for well construction; and

iv. Lead packers may be used in the repair of cast iron pipe joints.

7:10-11.7 Standards for the construction and development of ground water sources

(a) Any public community water system that uses only ground water sources of supply shall have the firm

capacity to meet the applicable peak daily demand as required pursuant to N.J.A.C. 7:10-11.6(a), ex-

cept as provided (a)1 below.

1. The Department shall approve an interconnection with another public community water system in

lieu of a backup well if a contract or other written binding agreement to obtain sufficient water is

executed between the owners of the water systems to be interconnected and if it can be shown to

the satisfaction of the Department that such an interconnection will enable the public community

water system seeking the interconnection to comply with this subsection.

(b) Ground water sources of supply shall be protected as follows:

1. A public community water system shall acquire and control all land within at least a 50 foot radius

of any ground water source used for its water supply. Major and minor pollutant sources and non-

water system related activities shall be prohibited within the specified area. The public community

water system may control the land by lease or easement only with prior written approval of the

Department.

i. The Department recommends that a public community water system control and/or obtain a

conservation easement to land surrounding a ground water source beyond that required pursu-

ant to (b)1 above for watershed protection and future water supply development. If ground

water sources are located in unconfined or bedrock aquifers, the Department recommends the

minimum land acquisition, dependent upon well capacity, shown in the table below:

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Source Capacity

Land

Requirement

(MGD)

(Acres)

> 1

> 2

> 3

> 5

5 + 1/2 acre

for each MGD or portion hereof in

excess of 5 MGD

ii. The Department recommends that land acquired for the purpose of watershed protection be in

up-gradient areas and equivalent to Tier I as defined in the Well Head Protection Plan (WHPP)

adopted by the Department pursuant to the Federal Act.

2. Storm and/or sanitary sewer lines, industrial waste lines, septic tanks, distribution boxes and dry

wells are prohibited within 50 feet of a well. Any such line within 100 feet of a well shall be of

completely watertight construction (that is, steel, reinforced concrete, cast iron, PVC or other suit-

able material). Sewage disposal fields and seepage pits are prohibited within 200 feet of a well.

Cesspools are prohibited within 200 feet of a well.

i. The Department may reduce the distance restrictions under (b)2 above if a well is constructed

in a confined aquifer.

3. Manholes and/or connections to a sanitary sewer system are prohibited within 100 feet of a well,

unless the well is constructed in a confined aquifer.

an inventory of all major and minor pollutant sources and an evaluation of their possible impact on

the quality of the ground water source as follows:

1. If a well is proposed to be constructed to withdraw water from a confined aquifer, an inventory and

evaluation of major and minor pollutant sources within 500 feet of the well and a detailed descrip-

tion of how the well will be protected from the pollutant sources.

2. If a well is proposed to be constructed to withdraw water from an unconfined or consolidated

aquifer, a delineation of the well head protection area (WHPA) in accordance with the New Jersey

Well Head Protection Plan (WHPP) adopted by the Department pursuant to the Federal Act and

an evaluation of major and minor pollutant sources as follows:

i. All major pollutant sources within the well's zone of contribution (ZOC) of a distance not

greater than 12 years time of travel (TOT) or 10,000 feet; and

ii. All minor pollutant sources within the greater distance of either 200 days TOT or 500 feet of

the well.

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3. Major pollutant sources identified pursuant to (c)2 above that are within either 200 days TOT or

500 feet of the well, whichever is greater, are prohibited unless an appropriate treatment barrier is

provided.

4. The supplier of water shall provide an appropriate treatment barrier, or establish a sampling pro-

gram in order to detect the presence of contamination from any major pollutant source identified

pursuant to (c)2 above, if any such source exists in an area bounded by the greater distance of

either 200 days TOT or 500 feet from the well and bounded by the lesser distance of either five

years TOT or 10,000 feet from the well.

(d) Subject to the provisions of this section, well construction shall meet all applicable requirements of

N.J.A.C. 7:9D-2 and also conform to any American Water Works Association Standard,

ANSI/AWWA-A100-90 as amended and supplemented, incorporated herein by reference, where such

standard exceeds the minimum construction standards of N.J.A.C. 7:9D-2. ANSI/AWWA-A100-90

may be obtained as provided at N.J.A.C. 7:10-11.6(d).

(e) The general requirements for the construction of wells are set forth at N.J.A.C. 7:9D-2. Additional

requirements for public community water wells are as follows:

1. No portion of a public community water supply system well shall be constructed unless a permit

is obtained pursuant to this subchapter.

2. Water used for the drilling or driving of a well shall be obtained only from a source of known

potable quality, or shall have been disinfected to meet the chlorine contact period and chlorine

residual requirements pursuant to N.J.A.C. 7:10-11.16(e).

(f) Regulations for pumping equipment are as follows:

1. The pumping equipment for each well shall be designed and installed to prevent contamination

and, where necessary, prevent freezing of the water supply.

2. The pump setting shall be such that the pumping level will not fall below the lowest pump bowl

when the well is operated at maximum pump capacity.

3. The pump suction inlet shall be set above the screen and in no case shall it be set in the screened

area.

4. The pump setting level shall be such as to ensure that the water level does not fall below the top

of the screen.

(g) Regulations for auxiliary well piping and equipment are as follows:

1. The discharge pipe from each well shall be provided with a check valve located between the pump

and any blowoff, bypass or other connection to the discharge pipe.

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2. A well blowoff shall be located after the check valve. The blowoff shall terminate above ground,

and shall be protected against contamination.

3. A shutoff valve shall be located on the discharge pipe, after the blowoff, to allow water to be

discharged to waste without entering the distribution system.

4. An air relief valve shall be located between the check valve and the well pump.

5. Each well shall be equipped with a water level indicator, discharge pressure gauge, raw water

sampling tap, totalizing flow meter, well casing vent, and protected access to the well to permit

the direct measurement of the water level.

6. Each well shall be equipped with instrumentation pursuant to N.J.A.C. 7:10-11.6(b).

7. If the well casing vent is utilized as the access for direct measurement of water level, the inside

vent diameter shall not be less than 3/4 of an inch and the well vent shall not be bent at an angle

greater than 45 degrees to the well casing.

(h) Regulations for pump testing, sampling and recordkeeping are as follows:

1. Each well shall be tested to determine the water yield. Except as provided in (h)3 below, such

testing shall be run at 120 percent of design pump capacity and until either the drawdown or the

rate of drawdown is stabilized (0.2 ft/hour or less) for a minimum period of six hours. Minimum

pumping durations are as follows:

i. Continuous pumping for at least 72 hours in consolidated formations.

ii. Continuous pumping for at least 24 hours in unconsolidated formations or longer when re-

quired by the Department under a water supply allocation permit issued pursuant to N.J.A.C.

7:19.

2. Records of flow rate and drawdown shall be made at least at one hour intervals (or more frequent

for tests pursuant to N.J.A.C. 7:19-2.2) during the test, and the water levels during the recovery

period shall be recorded in accordance with the New Jersey Geological Survey Report GSR 29,

Guidelines for Preparing Hydrogeological Reports for Water-Allocation Permit Applications.

These guidelines can be obtained from the Department, Maps and Publications Office, PO Box

438, Trenton, New Jersey 08625-0438.

3. A pump test may be run at 100 percent of design pump capacity for a minimum period of 72 hours

if stabilized drawdown is achieved and the well is designed so that the pump intake level is not

dewatered if the well were to pump continuously for 30 days.

4. For wells in unconfined or rock aquifers, the discharge during a pump test shall be released at a

distance where there is no interference or recharge during the test.

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5. Water samples shall be taken during the pump test period and examined for bacteriological and

chemical quality in accordance with State primary and secondary drinking water regulations at

N.J.A.C. 7:10-5 and 7.

(i) Regulations for protection of well heads are set forth at N.J.A.C. 7:9D-2. Additional requirements for

the protection of well heads for public community water supplies are as follows:

1. The well head shall be constructed so as to ensure the protection of the well from contamination.

2. The casing pipe and protective curbing of all wells shall extend at least 12 inches above the pump

house floor or the grade near the well.

3. The pump house floor shall be sloped away from the well head and the floor shall be above the

100 year flood elevation.

4. The space between the pump column and the inner casing of the well shall have a vent protected

with a downfacing elbow or a mushroom type head located above the flood level. All vents shall

be screened against the entry of insects.

(j) Any well with unsuitable water quality that cannot be treated to meet the standards of this chapter, any

nonproductive well or any abandoned well shall be sealed in accordance with N.J.S.A. 58:4A-4.1 et

seq. and N.J.A.C. 7:9D-3.

(k) Upon completion of well construction and the installation of permanent pumping equipment and be-

fore the well is placed in service, the well suction piping, pumping equipment and discharge piping

shall be disinfected in accordance N.J.A.C. 7:10-11.6(d).

(l) Additional requirements for ground water sources other than wells are as follows:

1. Where an application for a permit under this subchapter is made for the derivation of water from

ground sources, such as a radial collector, infiltration gallery or spring, the provisions of (a)

through (k) above shall apply.

2. Such application shall sufficiently detail the proposed construction method so that the Department

can fully evaluate the sanitary features of the proposed ground water source. A preapplication

conference is recommended.

(m) Any well or other ground water source of supply constructed in accordance with a permit issued under

this subchapter shall not be placed in operation until the Department approves the well or source, as

follows:

1. Following disinfection of the well or ground water source pursuant to (n) above, the well or source

shall be pumped to waste until the water is free of chlorine residual.

2. The Department shall inspect the well or source and test the well or source water to determine

compliance with the State primary and secondary drinking water regulations at N.J.A.C. 7:10-5

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and 7. The well shall stand idle for at least 24 hours prior to such testing and the raw water shall

not contain any chlorine residual.

7:10-11.8 Standards for the construction and development of surface water sources and ground

water sources under the direct influence of surface water

(a) A supplier of water seeking a permit under this subchapter for a public community water system using

a surface water source of supply shall submit for approval and implement a watershed monitoring plan

and inventory that includes the following:

1. A record of raw water quality at the point of intake over a one year period. Required water quality

data shall include, at a minimum, monthly sampling for physical, chemical, and primary contami-

nants regulated pursuant to this chapter; quarterly sampling for radiological contaminants, Giardia

lamblia, and Cryptosporidium; and weekly sampling for turbidity, temperature and bacteria (total

and fecal coliform). Sampling shall be conducted at least once during or immediately after a storm

event;

2. An inventory of all major pollutant sources as defined pursuant to N.J.A.C. 7:10-11.4(a)4 located

within the watershed and minor pollutant sources as defined pursuant to N.J.A.C. 7:10-11.4(a)5

located within one mile upstream of the water system intake, with an evaluation of their potential

impact on water quality.

3. A watershed monitoring and an emergency response plan that includes a regular inspection sched-

ule for the watershed, an inventory of all major pollutant sources within five miles upstream of the

water system intake and 500 feet back from the stream banks, and a detailed emergency response

plan for a contamination event.

4. A preapplication conference to discuss the requirements of this subsection is recommended.

(b) Each supplier of water with a surface water source of supply shall notify the Department, the New

Jersey Department of Transportation, the county planning board, and municipal police and fire depart-

ments of the location of each intake and the road drainage areas which may affect water quality. The

supplier of water shall identify areas where storm drains bring water from another area or watershed

into the watershed area where the intake is located. The supplier of water shall request the Department

to notify the supplier of water of applications for discharge permits received and discharge permits

issued for locations upstream of the intake on a periodic basis. The supplier of water shall make

similar requests of local planning and zoning boards of counties and municipalities upstream of the

intake. Also, the county emergency network shall be advised of the drainage area and fire departments

shall be provided a map indicating the storm drainage system that flows toward the intake.

1. All surface water intakes shall be equipped with multiple surface water intake units in order to

provide firm capacity (excluding the raw water intake line).

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2. Intake structures shall be located and arranged to minimize the impact of surface drainage on water

quality.

3. The maximum surface water intake velocity shall not exceed one-half foot per second.

4. Where practical, intake structures shall be constructed to permit the selective withdrawal of water

from multiple levels of reservoirs.

5. Each intake structure shall be protected by removable or cleanable coarse screens or racks to pre-

vent debris from entering the water system. Fine screens may be used for the purpose of excluding

smaller fish and debris from the system.

6. Intake structures are prohibited within 100 feet of a septic system or sanitary sewer line.

7. All mechanical equipment shall be protected against the 100 year flood.

(d) Regulations for surface water and ground water under the direct influence of surface water treatment

plants are as follows:

1. Pilot test data shall be submitted for the proposed treatment process.

2. Treatment shall, at a minimum, include coagulation, flocculation, filtration and disinfection.

3. Gravity filtration shall be provided.

4. The treatment plant shall be designed to accommodate powdered activated carbon (PAC) or gran-

ular activated carbon (GAC) treatment units.

5. The treatment plant shall have firm capacity to meet peak demand (excluding coagulation, floccu-

lation and sedimentation).

6. Surface water shall be filtered and disinfected in accordance with N.J.A.C. 7:10-9.

7. Auxiliary power for surface water treatment plants shall be provided in accordance with N.J.A.C.

7:10-11.6(I).

(e) All filtration treatment plants, treating either surface water or ground water under the direct influence

of surface water, shall be equipped as follows:

1. For the continuous monitoring and recording of the disinfectant residual entering the distribution

system;

2. For the continuous monitoring and recording of effluent turbidity from each individual filter; and

3. Each filter must have the capability to filter to waste at the normal production rate.

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7:10-11.9 Standards for the construction of pumping stations

(a) All pumping stations shall be located above-ground for ease of inspection and maintenance. Where an

above-ground location is not feasible, the station shall meet the requirements for underground pump-

ing stations at (g) below.

(b) Regulations for pumping station location and protection are as follows:

1. Pumping stations shall not be located within the 100 year flood hazard area. Where a location

outside the 100 year flood hazard area is not feasible, the pumping station shall be protected against

flooding. All treated water pumping stations shall have a floor elevation at least one foot above

the highest recorded flood elevation.

2. Pumping stations shall be constructed in compliance with N.J.A.C. 7:10-11.6(g).

covered and provided with downfaced or mushroom type screened vents protected against entry of

foreign matter.

(d) Regulations for pumping equipment are as follows:

1. Pumping equipment shall be designed to meet the demand requirements pursuant to N.J.A.C. 7:10-

11.6(a).

2. Sufficient pumping units shall be supplied so as to have a firm capacity to achieve the maximum

design output of the station.

3. Where low pressure may adversely affect customers, a booster pump station shall be designed and

controlled to maintain a minimum pressure of 20 pounds per square inch (20 p.s.i.) in the water

main from which it draws suction. If chronic low pressure problems exist, the Department shall

require an automatic switch to deactivate pumps in low pressure situations.

4. Priming systems shall be constructed to prevent contamination of the water supply.

(e) Each pumping station shall be equipped with check valves, flow meters, isolation valves located before

and after the pumping station, pressure gauges, and manual shutoff valves within the station.

(f) Each pumping station with a design capacity greater than or equal to 100,000 gallons per day shall be

equipped with a flow totalizing meter.

(g) Each underground pumping station shall have sump and sump pump capacity adequate to handle leak-

age or a break within the station as follows:

1. A minimum of two sump pumps designed to be activated at different flood levels;

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2. An alarm activated 24 hours a day that is triggered when water is six inches above the floor level

or when the secondary sump pump activates. In addition, an automatic above-ground power

shutoff shall be activated when the water reaches the base of the pumps; and

3. Isolation valves which automatically close either when there is a power failure or when the sec-

ondary sump pump is activated.

7:10-11.10 Permit requirements and standards for the construction of distribution systems; mas-

ter permits

(a) Except as otherwise directed by the Department under (a)3 below, a supplier of water may apply for

a master permit, including all proposed routine water main extensions and/or replacements, transmis-

sion mains and interconnections for the emergency transfer of water, covering a set maximum number

of service connections for a period not exceeding five years. At the time of application for such master

permit, the supplier of water shall submit specifications and an engineer's report demonstrating that

the water system can meet the requirements of this subchapter, as well as a system distribution map

that differentiates between existing and proposed water mains. The following shall apply to master

permits:

1. Each master permit shall be renewed annually;

2. A master permit is available only to public community water systems; and

3. A supplier of water shall apply for a master permit within six months from the date of notification

by the Department that the system has submitted, over the three years preceding the Department's

notice, an average of four or more applications for permits for water main extensions and/or re-

placements and/or transmission mains per year.

(b) For any distribution system improvement such as water main extension and/or replacement, transmis-

sion main or interconnection not covered by a master permit issued pursuant to (a) above, the supplier

of water shall comply with the following:

1. For any water main extension or connection to an existing water main which includes new resi-

dential service to more than 30 realty improvements but less than 50 new service connections, or

generates a new non-residential average demand of more than 12,000 gallons per day determined

pursuant to Table 1 at N.J.A.C. 7:10-12.6(b), submit a completed permit Standard Application

Form pursuant to N.J.A.C. 7:10-11.5(c)1, the Simplified Water Main Certification Form available

from the in accordance with N.J.A.C. 7:10-2.6(a), the permit application review fee specified at

N.J.A.C. 7:10-15.3(d)2, and a plan showing the location of existing and proposed water mains.

The Simplified Water Main Certification Form includes the following information:

i. The name and address of the supplier of water;

ii. The diameter and length of water mains;

iii. The anticipated water demand; and

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iv. A certification by the supplier of water that the proposed water main extensions will be con-

structed in conformance with the requirements of this subchapter.

2. For any water main construction which includes 50 or more new service connections, or is 3,000

or more feet in length, or includes an interconnection with another public community water system,

submit a water distribution map depicting locations of existing mains and proposed extension(s)

of water mains, and a complete permit application pursuant to N.J.A.C. 7:10-11.5(b), including

the permit application review fee specified at N.J.A.C. 7:10-15.3(d)3 or 4, as applicable.

3. The requirement to obtain a permit under (b)1 or 2 above applies to the entire site to be served by

a water main extension or other water system connection. A realty improvement or group of realty

improvements on a site shall not be segmented for the purposes of this section if, upon completion,

the realty improvements to be served by the proposed water system would meet the permit require-

ments at (b)1 or 2 above.

4. A permit pursuant to this section is not required for water main extensions other than those speci-

fied at (b)1 and 2 above; however, a connection to or extension of a water system shall not be

undertaken if:

i. The anticipated demand associated with a project or activity to be served by the connection or

extension would exceed the applicable firm capacity or water allocation limits; or

ii. The project or activity to be served by the connection or extension conflicts with the applicable

adopted Areawide Water Quality Management Plan pursuant to N.J.A.C. 7:15.

extension if the source, treatment, transmission or storage capacity does not meet the requirements of

N.J.A.C. 7:19-6.7 and 7:10-11.6(a), or the public community water system is unable to meet its his-

torical peak daily demand as well as the additional demand anticipated from the proposed expansion

calculated in accordance with N.J.A.C. 7:10-11.5(e) through (g).

(d) Regulations for the capacity and size of water mains are as follows:

1. Design capacity of water mains shall be such as to maintain a minimum pressure of 20 pounds per

square inch (psi) at street level under all flow conditions.

2. The minimum diameter of all distribution mains shall be six inches for systems with an average

demand of less than one MGD and eight inches for larger systems. The Department shall approve

deviations from this minimum requirement if justified by hydraulic analyses submitted by the ap-

plicant, taking into consideration future water usage. The Department shall not approve a water

distribution main of less than six inches in diameter if it is intended to supply a fire hydrant(s) or

if there is a reasonable possibility that it will be extended to serve additional properties or areas.

(e) General design requirements for water mains are as follows:

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1. So far as is practicable, distribution mains shall be laid in a loop system to eliminate dead ends.

The distribution system shall be equipped with hydrants or other flushing devices to permit water

main flushing. Each dead end shall be provided with an adequately protected fire hydrant, flushing

hydrant, or a valved outlet to which a temporary pipe may be affixed, to discharge flushed water

above-ground. Flushing devices should be capable of providing a minimum pipe flushing velocity

of 2.5 feet per second.

2. Water mains shall be designed to provide a maximum flow velocity (excluding fire service flow)

of five feet per second for mains up to 16 inches in diameter and 10 feet per second for mains

greater than 16 inches in diameter.

3. All distribution mains shall be covered with a minimum of 3.5 feet of earth or other suitable cover

to prevent freezing.

4. Each newly constructed water main shall be disinfected before being placed in service in accord-

ance with American Water Works Association Standard AWWA C651-86, as amended and sup-

plemented, incorporated herein by reference and available as provided at N.J.A.C. 7:10-11.6(d).

5. All water mains and sanitary or industrial sewer lines shall be separated by a horizontal distance

of 10 feet. If such lateral separation is not possible, the water and sewer lines shall be in separate

trenches (step trenches are prohibited) with the top of the sewer line at least 18 inches below the

bottom of the water main or with such other separation expressly approved by the Department. At

crossings of sewer lines and water mains, the top of the sewer lines shall be at least 18 inches

below the bottom of the water main (sewer service laterals are not subject to this requirement). If

such vertical separation is not possible, the sewer line shall be of watertight construction (that is,

ductile iron or reinforced concrete pipe), with watertight joints that are a minimum of 10 feet from

the water main.

6. Water distribution mains shall be equipped with sufficient numbers of valves to minimize service

interruption and safety hazards during repairs. The appropriate number of valves at each water

main intersection shall determined using an n-1 formula (for example, at a four-way intersection,

a minimum of three valves is required). Straight pipe runs such as transmission mains shall be

equipped with valves at intervals of a minimum of 2500 feet. The Department shall approve devi-

ations from the minimum valve interval for larger transmission lines if justification therefor is

provided, but in no case shall the interval between valves exceed one mile.

7. Water services and plumbing shall conform to the requirements of the Plumbing Subcode of the

New Jersey State Uniform Construction Code, N.J.A.C. 5:23-3.15.

(f) Where water mains must be constructed to cross surface waters, the supplier of water shall discuss the

appropriate design with the Department at a preapplication conference before submitting an applica-

tion for a permit under this section.

(g) Regulations for distribution system maintenance are as follows:

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1. Chambers or pits containing gate valves, air-relief valves, blowoffs, meters, or similar appurte-

nances to a distribution system shall be drained to ensure access and their functioning and shall

not be directly connected to a storm sewer or sanitary sewer. Drainage may be discharged above

ground or to dry wells.

2. Blowoffs, air-relief valves, flushing devices, and hydrant drains shall not be directly connected to

a storm sewer or sanitary sewer.

3. The open end of an automatic air-relief pipe shall be extended from the manhole or enclosing

chamber to a point at least one foot above the surrounding ground, and shall be provided with a

downfacing elbow or mushroom cap and an insect screen. Manual air-relief pipes shall extend only

to the highest point in the enclosing chamber, unless a high water table necessitates that the air

relief pipes extend above ground.

4. Except as provided at N.J.A.C. 7:10-10, physical connections between a public community water

system distribution system and any unapproved water supply are prohibited.

7:10-11.11 Distribution storage requirements

(a) Suppliers of water shall provide finished water storage as required pursuant to N.J.A.C. 7:19-6.7 and

as follows:

1. Each public community water system shall provide storage for finished water as an integral part

of its distribution system whether the water system has its own source(s) of water or buys water

from another public community water system.

2. The location, size, type and elevation of the equalization reservoir, standpipe, or elevated storage

tank shall be such as to ensure that the distribution system meets the pressure requirements estab-

lished at N.J.A.C. 7:10-11.10(d). A system designed to provide for fire protection shall, in addition,

provide gravity storage. Hydropneumatic pumping system combinations are not acceptable for the

purposes of fire protection.

3. Each clear well, whether designed separately or as part of a filter structure, shall meet the require-

ments for below-grade reservoirs set forth at (e) below.

4. Finished water shall not be stored in a compartment adjacent to an untreated water storage com-

partment if a single wall separates the two compartments.

5. Each storage reservoir and tank shall be equipped with an overflow and a low level warning alarm.

6. There shall be equipment to determine the water level in each distribution storage tank. Each stor-

age tank with a capacity greater than 100,000 gallons shall be equipped with a level recorder.

7. Water storage facilities shall be designed so as to permit dewatering (for example, by a yard hy-

drant) for cleaning and maintenance without interrupting service. Direct connection to a storm

sewer line or a sanitary sewer line is prohibited.

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(b) Each equalization reservoir, standpipe and elevated storage tank shall have adequate safety devices

and shall be protected from unauthorized access and vandalism as required pursuant to N.J.A.C. 7:10-

11.6(g).

1. Each reservoir, standpipe or elevated tank shall be provided with an impermeable and durable roof

or cover.

2. The roof of the structure shall be well-drained but drainspout pipes shall not enter the reservoir.

Parapets or similar structures that tend to hold water or snow on the roof are prohibited.

3. Each concrete reservoir with an earthen cover shall have a roof that is sloped to facilitate drainage.

Such a reservoir should be equipped with an impermeable membrane roof cover.

4. Each access manhole and scuttle located in the roof of an elevated tank or in the roof of a ground-

level reservoir shall be framed at least six inches above the surface of the roof. Each manhole

located in a below ground-level reservoir shall be elevated at least 36 inches above the ground.

Each access manhole and scuttle shall be equipped with a solid cover securely fastened against

unauthorized entry.

5. Each vent shall be equipped with a downfacing elbow or mushroom cover and an insect screen.

Each vent on a ground-level reservoir or a below ground-level reservoir shall terminate not less

than 24 inches above the finished grade, whether roof or soil.

(d) Regulations for inside paint and protective coatings are as follows:

1. Any protective coating in contact with treated water shall be inert and nontoxic and shall meet the

requirements of N.J.A.C. 7:10-8.

2. Interior paint shall be properly dried and cured so that, after curing, the coating does not transfer

any volatile or toxic substance to the water. Prior to placing a storage facility in service, the water

shall be tested for a volatile organic compounds to ensure compliance with MCLs at N.J.A.C. 7:10-

(e) Regulations for below-grade reservoirs are as follows:

1. Any reservoir constructed partly or entirely below grade shall be designed, located, and graded so

as to be secure against uplift and entry of underground or surface contamination.

2. Where a below-grade reservoir is located within 100 feet of sanitary sewer line, the water supplier

shall ensure that such sewer line is constructed of steel, reinforced concrete, cast or ductile iron or

other suitable material and shall test such sewer line for water tightness upon installation of the

below-grade reservoir.

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3. Below-grade reservoirs are prohibited within 100 feet of a sanitary sewer manhole or lateral.

4. If a below-grade reservoir is located in an area with a high water table, the reservoir shall be

equipped with a double containment system that includes leak detection equipment or a suitable

alternative approved by the Department so as to prevent untreated ground water from entering the

reservoir. A pre-application meeting with the Department is recommended if an alternative design

is proposed.

(f) Regulations for the construction of above-grade reservoirs, standpipes, and elevated tanks are as fol-

lows:

1. Each above-grade reservoir, standpipe, and elevated tank shall be equipped with such inside or

outside ladders as may be necessary to facilitate inspection.

2. Each riser pipe shall be protected from freezing.

3. Each overflow of an above-grade reservoir, elevated tank or standpipe shall consist of a downpipe

that terminates no less than six inches nor more than (36) inches above the ground, and shall be

located so as to prevent erosion of the foundation. A stub overflow is prohibited.

(g) Regulations for hydropneumatic tanks are as follows:

1. Hydropneumatic tanks shall be excluded in calculating the system storage capacity of a public

community water system.

2. All hydropneumatic tanks shall be located above ground and completely enclosed within a build-

ing. The Department shall approve deviations from this requirement for larger installations if it is

not feasible to enclose a larger tank in a building.

3. The total capacity of the wells and pumps shall be at least 10 times the average daily demand in

water systems using only hydropneumatic tanks for storage. The gross volume of the hydropneu-

matic tank, in gallons, shall be at least 10 times the capacity of the largest well and/or pump, rated

in gallons per minute.

4. Each hydropneumatic tank shall be equipped with a pressure relief valve and a vacuum relief valve.

(h) All storage reservoirs, tanks, and appurtenances shall be disinfected in accordance with N.J.A.C. 7:10-

11.6(d).

7:10-11.12 Chemical handling and chemical feed systems

(a) General requirements for chemical handling and chemical feed systems are as follows:

1. A minimum of two chemical feeders are required for a water treatment plant that treats more than

one source of water supply or for a water treatment plant whose capacity exceeds 20 percent of

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the public community water system capacity. The feeders shall have sufficient capacity to provide

all of the chemical required to treat the water through the treatment plant.

2. Variation in the feed rate shall not exceed five percent of the intended application rate.

3. Either flow pacing or residual pacing shall be provided to ensure accurate chemical application

rate.

4. Each chemical feeder shall be equipped with a device that accurately measures the amount of

chemical feed.

5. An antisiphon device shall be installed on the chemical solution feed line. The device shall include

an antisiphon valve to provide a vacuum break on the chemical solution feed line. The chemical

feed line shall be looped to a level higher than the highest elevation of chemical storage tank so as

to prevent back siphonage or drainage into the treated water supply.

6. Each chemical feeder shall be electrically interconnected with the well or service pump.

7. Each treatment plant shall have a minimum of 30 day storage capacity for chemicals based upon

the expected monthly use of chemicals by the treatment plant. If chemicals will be delivered to

the treatment plant in bulk deliveries, the tank capacity shall be a minimum of 120 percent of the

bulk delivery volume.

(b) Regulations for chemical solution tanks are as follows:

1. Each chemical solution tank shall be provided with adequate agitation to keep the strength of the

solution uniform.

2. Makeup water shall be introduced into the chemical solution tank through an air break or other

approved method, to prevent back siphonage.

3. The capacity of each chemical solution day tank shall be sufficient to provide at least eight hours

worth of chemical solution storage at normal operating feed rates.

4. Direct connection between chemical solution tank drains and sanitary sewer lines are prohibited.

5. Waste liquids or sludge from chemical solution tanks shall be disposed of in accordance with ap-

plicable State and Federal law and regulations.

requirements:

1. Each dry feeder shall be completely enclosed and equipped with adequate means of dust control.

2. Each solution pot shall be adequate to ensure effective solution or suspension of the chemical.

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3. Makeup water shall be introduced into solution pots through an air break or other approved

method, to prevent back siphonage.

(d) Chemical feed lines shall be equipped with clean-out connections, shall be easily accessible for repair

or cleaning, shall be protected against damage and freezing, shall be corrosion resistant, shall be as

short as possible, and shall be provided with adequate slope to permit draining.

(e) Safety regulations are as follows:

1. Equipment for the storage and handling of chemicals that are hazardous to the health of employees

shall include the provision of rubber or neoprene gloves and hand washing facilities. Where dry

powdered chemicals are handled, National Institute for Occupational Safety and Health (NIOSH)

approved dust respirators shall be provided.

2. Safety shower(s) shall be provided for employees where hazardous chemicals are handled. Such

showers shall be in close proximity to the handling location.

3. A manufacturer's material safety data sheet for each chemical used on site shall be posted in a

conspicuous location.

4. When a hazardous or explosive chemical, such as sodium chlorite or powdered activated carbon,

is used, it shall be safely stored and handled. For example, where powdered activated carbon is

used, the public community water system shall provide adequate forced draft ventilation of the

feed equipment, a fireproof building or compartment for storage, and explosion-proof electrical

outlets, lights and motors in the feeder room.

7:10-11.13 Pretreatment requirements

(a) General regulations for pretreatment are as follows:

1. The number of pretreatment units shall be such that when any single unit is out of service the

remaining pretreatment unit(s) comply with the detention time and surface loading rate require-

ments of this section for at least the average daily demand on the treatment plant. A minimum of

two pretreatment units is required for surface water treatment.

2. Sufficient data shall be included in the engineer's report submitted pursuant to N.J.A.C. 7:10-11.5

to establish the type and application rate of the chemicals required for pretreatment.

3. Each pretreatment basin shall be equipped with a drain or drains to facilitate dewatering.

4. Adequate provision shall be made for the removal of sludge. Where sludge is expected to be

voluminous, consideration should be given to mechanical methods of removal.

5. Water treatment sludge shall be disposed of in accordance with applicable State and Federal law

and regulations.

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(b) Pretreatment chemicals shall be applied to water where there is sufficient agitation to ensure rapid and

uniform dispersion of each chemical throughout the water, such as at pump suctions, rapid mix basins

or static mixers.

1. Flocculation is required for all surface waters.

2. Flow-through velocities shall not be less than 0.5 feet per minute or greater than 1.5 feet per mi-

nute, with a detention time for floc formation of not less than 30 minutes.

3. Flocculation shall be accomplished by agitation under mixing conditions. Agitators shall be driven

by variable speed drives, with the peripheral speed of paddles ranging from 0.5 to 3.0 feet per

second.

4. The flocculation unit shall have compartments and inlet and outlet facilities to minimize short-

circuiting and to permit floc to pass from the flocculator to the subsequent treatment unit without

impairment. The velocity of flocculated water through pipes or conduits to settling basins shall

not be less than 0.5 or greater than 1.5 feet per second.

5. Flocculation (or reaction) time for solids contact units shall be calculated based on the input flow

and the volume occupied by the agitated mixture of slurry with the water being treated. For hori-

zontal flow units, the calculation shall be based on the volume of the flocculation or reaction cham-

ber.

(d) Regulations for sedimentation are as follows:

1. Pretreatment by sedimentation is required for all surface waters, unless pilot test data submitted

pursuant to N.J.A.C. 7:10-11.8(d)1 demonstrate that sedimentation pretreatment is not necessary.

2. The minimum depth of the sedimentation basin shall be 10 feet, with ample allowance for sludge

accumulation or sludge removal equipment and a depth of water flow of at least six feet.

3. Inlet and outlet facilities shall be designed so as to minimize short-circuiting. Submerged inlet

ports shall be located so as to avoid creating a disturbance of the settled floc.

4. The maximum surface loading rates (gallons per minute per square foot) are as follows:

Flocculation

or Iron

or Manganese

Lime

Removal

Softening

Ground

Water

0.5

1.0

Surface Water

0.375

0.75

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5. For around-end baffling in a horizontal plane, the maximum surface loading rate pursuant to (d)4

above shall be reduced by 50 percent.

6. For horizontal units, the minimum detention time shall be four hours for surface water and two

hours for lime softening treatment plants.

7. The water velocity through settling basins shall not exceed 0.5 feet per second.

8. The Department may approve the use of tube or plate settlers if justification is provided for reduced

detention times. In such cases, a pilot plant study shall be implemented to demonstrate satisfactory

operation.

i. Sufficient freeboard shall be provided above the top of the settlers to prevent freezing of the

units in outdoor installations. The construction of outdoor units is discouraged.

ii. The maximum surface loading rate shall not exceed two gallons per minute per square foot of

horizontal tube settler area.

9. Outlet weir loadings shall not exceed 20 gallons per minute per foot of length of settled water.

When orifices are used rather than weirs, their size, number and arrangement shall be such as to

produce loadings equivalent to the requirements for weirs. Weirs or orifices shall be arranged to

produce uniform flow rates over the area of the sedimentation tank.

(e) Regulations for solids-contact units are as follows:

1. Solids-contact units for flocculation, lime softening, iron or manganese removal, and for settling.

2. Solids-contact units shall be installed and initially operated under the supervision of the manufac-

turer's representative.

3. Each solids-contact unit shall facilitate satisfactory flocculation of the water before it enters the

settling area.

4. Surface loading rates for solids-contact units shall be calculated on the basis of the input flow and

the horizontal area of flow in the clarification zone at a level five feet below the level of the dis-

charge weirs or orifices. The maximum surface loading rates (gallons per minute per square foot)

are as follows:

Flocculation

or Iron

or Manganese

Lime

Removal

Softening

Ground Water

1.0

2.0

Surface Water

0.75

1.5

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5. Each solids-contact unit shall be equipped with sampling taps to facilitate collection of water sam-

ples from various locations within the unit to ensure its efficiency.

6. Outlet weir loadings shall not exceed 20 gallons per minute per foot of length of softened water,

or 10 gallons per minute per foot of length of flocculated water. Where orifices are used rather

than weirs, their size, number and arrangement shall be such as to produce loadings equivalent to

the requirements for weirs. Weirs or orifices shall be arranged to produce uniform vertical flow

rates over the area of the solids-contact unit.

7. Each solids-contact unit shall be equipped for effective concentration of sludge and to facilitate

sludge draw-off and disposal.

8. Sludge piping shall be arranged so as to facilitate operation and cleaning. Piping shall not be less

than three inches in diameter and shall allow for flushing with clear water.

9. Sludge valves shall be located outside of the solids-contact tank.

10. Each solids-contact unit shall be equipped to allow manual override of any pre-set automatic in-

termittent withdrawal of sludge.

7:10-11.14 Filtration

(a) General requirements for filtration are as follows:

1. Each filter unit shall be provided with equipment which facilitates cleaning, and placing or replac-

ing the filter medium.

2. Each filter unit shall be provided with equipment for backwash (except for slow sand filtration).

3. Surface water treatment facilities shall be equipped with a continuous or sequencing turbidity mon-

itoring device for each filter unit and a continuous turbidity monitoring device for the plant efflu-

ent. The sequencing devices shall automatically analyze and record each filter unit effluent turbid-

ity at least once every 15 minutes.

(b) Total filtration capacity shall be such that, with one unit out of service, the maximum filtration rate of

any of the remaining units will not exceed the requirements established at N.J.A.C. 7:10- 11.14(c)2.

1. Filter units shall not contain any contamination hazards, single walls between treated and untreated

water, or plumbing cross connections.

2. Pressure filtration rates shall not exceed a loading rate of three gallons per minute per square foot

unless approved by the Department.

3. Pressure filter units shall not be used for surface water treatment.

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4. The filtration rate for rapid sand and mixed media shall not exceed five gallons per minute per

square foot.

5. Size requirements for filter media are as follows:

i. For rounded particles, maximum effective size shall be 0.55 mm.

ii. For angular particles, maximum effective size shall be 0.45 mm.

iii. The maximum uniformity coefficient shall be 1.6.

iv. The minimum thickness of filter media shall be 24 inches.

v. The maximum head loss through filter medium shall be eight feet of water.

6. Regulating valves shall be provided for the control of filtration rates.

7. When dual media filters with sand and anthracite beds are used, the anthracite particles may be

twice the effective size required under (c)5 above. The sand bed shall be a minimum of 12 inches

thick.

8. At least 12 inches of graded gravel shall be placed over the underdrains or another filter media

support method specifically designed by the filter media manufacturer shall be used.

9. Slow sand filter units may be used if approved by the Department. The Department shall approve

the use of slow sand filters if the applicant demonstrates the adequacy of such water treatment

technology through pilot plant tests on the source of water to be treated.

(d) Granular activated carbon (GAC) may be used as a filter medium provided the filter unit meets the

filter design requirements of (c) above, and adequately controls bacterial growth in the filtered water,

incorporates backwash equipment, and facilitates replacement of medium when necessary.

(e) Regulations for backwash water are as follows:

1. Backwash water shall be filtered water.

2. The available wash rate shall be a minimum of 15 gallons per minute per square foot and shall

provide for a minimum of 30 percent expansion of the filter medium. Supplemental washing fa-

cilities such as surface wash or air scour units shall be provided.

3. Reduced pressure zone backflow preventers shall be installed to prevent back siphonage of filter

surface wash water.

4. Backwash water shall not be discharged to a sanitary sewer system except in accordance with the

New Jersey Pollutant Discharge Elimination System rules, N.J.A.C. 7:10-14A, and with written

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approval from the appropriate sewerage authority. Direct connections between backwash water

lines and sanitary or storm sewer lines are prohibited. Discharges shall be made through an above-

ground air gap.

7:10-11.15 Miscellaneous treatment processes

(a) Regulations for aeration are as follows:

1. The supplier of water shall evaluate each aeration treatment unit for its effectiveness in water

treatment and adequate protection of the water.

2. Because of the large variation in aeration treatment unit's effective air to water ratios, the Depart-

ment does not set minimum standards for the air to water ratio. The Department shall review and

approve the design of each such treatment unit during its review of a permit application under this

subchapter.

3. Any aeration process not subject to filtration for particulate removal must meet the following min-

imum requirements for protection against dust, insects, and bacteriological contamination:

i. All air entering an induced or forced air aeration unit shall be passed through a corrosion-

resistant screen of not less than 24 mesh.

ii. All aerators, except those followed by flocculation, sedimentation and filtration units, shall be

constructed so as to prevent contamination by birds, insects, wind-borne debris, rainfall and

water draining off the exterior of the aerator.

iii. All forced air aeration units shall be equipped with air filters, including a filter to remove en-

trained oil when applicable.

(b) Regulations for water softening are as follows:

1. A public community water supply shall not be softened to zero hardness. Where water is softened,

it shall be blended with unsoftened water to ensure that the delivered water contains a minimum

hardness of 50 mg/l as calcium carbonate (CaCO[3]) prior to distribution.

2. Where carbon dioxide is used for recarbonation, the minimum detention time shall be 20 minutes.

For lime softening, a shorter detention time may be utilized.

3. A rapid filter unit shall be used following any lime softening treatment unit.

4. For ion-exchange softening, the following requirements apply:

i. The ion-exchange process shall not be used to remove iron and manganese.

ii. Pretreatment is required for an ion-exchange process if the iron content of the water exceeds

0.3 mg/l and/or the manganese content exceeds 0.05 mg/l.

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iii. The design criteria for ion-exchange softening treatment units are as follows:

(1) The maximum operating exchange capacity shall be 20 to 35 kilogram per cubic foot.

(2) The minimum resin bed depth shall be 36 inches.

(3) The softening flow rate shall be two to six gallons per minute per cubic foot.

(4) The backwash flow rate shall be five to six gallons per minute per cubic foot.

(5) The salt application rate shall be five to 20 pounds per cubic foot.

(6) The brine concentration shall be eight to 16 percent.

(7) The regeneration brine contact time shall be 25 to 45 minutes.

(8) The rinse water flow rate shall be one to five gallons per minute per cubic foot.

(9) The rinse water volume requirement shall be 20 to 40 gallons per cubic foot.

iv. Household-type units in parallel are prohibited.

v. Acceptable hardness levels may be achieved by blending softened and unsoftened water.

vi. Alternate methods of hardness removal shall be used if dissolved solids and/or sodium con-

centrations in the finished water exceed the limits established in the State secondary drinking

water regulations at N.J.A.C. 7:10-7.2.

vii. Sequestration, as a substitute for hardness removal, shall not be used where raw water hardness

levels exceed 300 mg/l.

1. All raw water in which iron levels exceed 0.6 mg/l and/or manganese levels exceed 0.1 mg/l shall

be treated to remove the iron and/or manganese in excess of the limits in the State secondary

drinking water regulations at N.J.A.C. 7:10-7.2.

2. Ground water in which iron and/or manganese levels exceed the limits in the State secondary

drinking water regulations but do not exceed the limits specified in (c)1 above may be treated using

a sequestering agent.

3. Pressure filtration rates for iron and/or manganese removal shall not exceed three gallons per mi-

nute per square foot.

(d) Regulations for corrosion control are as follows:

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1. Corrosion control treatment shall be employed when the water is corrosive to the distribution sys-

tem or plumbing.

2. When the hardness of the water is less than 50 mg/l as CaCO[3], neither caustic soda (sodium

hydroxide) nor soda ash (sodium carbonate) alone shall be used to control corrosion unless used

in conjunction with a corrosion inhibitor.

3. For smaller installations (less than 100 gallons per minute), calcite filters may be used for corrosion

control.

4. Corrosion-inhibiting compounds designed to provide a protective film on the walls of distribution

mains shall not be used unless approved by the Department. The approval will be based on either

pilot plant or water system operational data on the use of the compound submitted by the public

community water system.

5. Cathodic protection shall not be used for internal corrosion control in water mains.

(e) Regulations for taste and odor control are as follows:

1. Corrective treatment shall be employed to control objectionable tastes and odors in all waters.

2. Aeration, chlorine, chlorine dioxide, copper sulfate, ozone, potassium permanganate, granular ac-

tivated carbon and powder activated carbon are acceptable for taste and odor control treatment.

3. If copper sulfate or other copper compounds are used to treat water, the residual copper levels in

the distribution system shall not exceed 1.3 mg/l.

(f) Regulations for fluoridation are as follows:

1. Fluoridation treatment units shall be capable of maintaining a finished water fluoride level between

0.8 and 1.2 mg/l at all points in the distribution system.

2. The following compounds may be used for fluoridation:

i. Sodium fluoride;

ii. Sodium fluorosilicate; or

iii. Fluorosilicic acid.

3. Fluoridation chemicals shall be stored in their original unopened containers unless transferred to

corrosion resistant covered storage containers.

4. Fluoridation feed equipment shall comply with applicable provisions of N.J.A.C. 7:10-11.12 and

with the following:

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i. Solution feed equipment may be used to feed solutions of sodium fluoride or fluorosilicic acid.

Use of sodium fluorosilicate slurries is prohibited.

ii. Dry feed equipment may be of volumetric or gravimetric type. Gravimetric feeders shall be

mounted on appropriately designed weighing scales. The dilution ratio for the fluoride solution

shall be at least 12 gallons of water per pound of sodium fluoride or 60 gallons of water per

pound of sodium fluorosilicate.

(1) A detention period of at least five minutes is required for sodium fluoride solution and 15

minutes for sodium fluorosilicate solution.

(2) The solution shall not be directly introduced into any pipe or conduit under negative pres-

sure, and an antisiphon device shall be installed to prevent siphonage of the solution.

iii. Floor surfaces adjacent to feeders shall have a smooth and impervious finish, and shall be

sloped to adequate drains to permit hosing of the floor with water.

iv. Waste liquids or sludge from fluoride solution tanks shall be disposed of in accordance with

applicable State and Federal law and regulations. Appropriately designed dust control units

shall be used in handling dry chemicals. Exhaust air from vacuum conveying equipment shall

be filtered and discharged outdoors. Where chemical containers are manually emptied into the

treatment unit, an exhaust fan with filter and suitable duct work to provide an air velocity of at

least 200 feet per minute at the opening through which the chemical is being emptied shall be

used. Such an exhaust fan is not required where containers are emptied in enclosures or through

dust-tight connections. Crystalline or granular forms of the chemical may be used to reduce

dust.

v. Vapor shall be vented to the outdoors when fluorosilicic acid is handled. The acid shall not be

handled in open vessels but shall be pumped through a closed system with an air inlet from the

outside.

vi. Equipment for use and handling of fluoridation compounds shall include the provision of rubber

or neoprene gloves and, where dry fluoride chemicals are handled, U.S. Bureau of Mines ap-

proved dust respirators. Hand washing facilities shall be available.

vii. Fluoridation storage and feed equipment shall be in rooms separate from other treatment units.

Rooms in which fluoridation compounds are stored and/or handled shall be secured against the

entry of unauthorized persons.

viii. A fluoride residual test kit shall be furnished for the routine testing of water samples for flu-

oride content.

(g) Regulations for packed column aeration for the removal of volatile organic compounds (VOCs) are as

follows:

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1. The packed column shall be designed to remove VOCs from at least twice the maximum level

found in the system water source to below the MCL established in the State primary drinking water

regulations at N.J.A.C. 7:10-5. The removal efficiency should not be less than 95 percent.

2. The packed column flooding condition of the packing material shall be avoided. The specific con-

ditions under which hydraulic flooding shall occur, and the means by which such flooding shall

be avoided, shall be specified in the engineer's report submitted with the application for a permit

under this subchapter.

3. Scaling of the packing within a packed column shall be avoided. An evaluation of the impact of

air stripping carbon dioxide and other gases in the water on water quality shall be provided in the

engineer's report submitted with the application for a permit under this subchapter. The evaluation

shall describe the effect that aeration of hard waters may have on scaling of the packing.

4. Vapor phase treatment of the air effluent shall be provided when required to meet air quality stand-

ards pursuant to the Air Pollution Control Act, N.J.S.A. 26:2C-1 et seq. and N.J.A.C. 7:27.

5. Packing support trays shall be provided.

6. Wall wipers or redistributors are required at a minimum of 10 foot column intervals in order to

prevent short-circuiting.

7. The column shall be constructed to facilitate a change in height of the packing and replacement of

the packing without major reconstruction.

8. Means shall be provided to drain the column riser pipe.

9. Pre- and post-column water sampling taps are required. Means to facilitate measurement of influ-

ent and effluent air quality and intake air quantity shall be provided.

10. The packed column shall be designed to facilitate the periodic adding of chlorine for pre-disinfec-

tion or of another oxidant or acid for cleaning the medium.

11. The air intake shall be located so as to avoid recirculation of the gas phase discharge from the top

of the facility.

12. Protective screens of a minimum 24 mesh and air particulate filters are required on the air intakes.

13. A moisture barrier (demister) shall be provided.

14. Backup blowers are required where multiple water sources are being treated.

(h) Regulations for granular activated carbon (GAC) for adsorption of organic compounds are as follows:

1. The requirements for filtration at N.J.A.C. 7:10-11.14 shall be met, as applicable.

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2. The empty bed contact time shall not be less than 20 minutes.

3. The GAC treatments units shall be capable of being backwashed, even if the GAC is not used as a

filtration medium. The minimum available backwash rate shall be 12 gallons per minute per square

foot of medium surface area.

4. If GAC is used as a dual function medium (filter and adsorber), the estimated time of breakthrough

shall be redetermined to account for the chromatographic effect of frequent backwashing.

5. For GAC contained in pressure vessels, means for releasing excess pressure shall be provided to

prevent over pressurization.

6. The influent and effluent lines to the GAC treatment unit shall be equipped with samplings taps. In

addition, at least two taps shall be spaced in a vertical line within the GAC bed for monitoring the

progress of the mass transfer zone within the GAC treatment unit.

7. Since GAC is easily abraded, transport systems shall be designed to minimize GAC breakup.

8. Virgin GAC shall be used, except that regenerated GAC may be used if such GAC was used pre-

viously only in potable water treatment plants and regenerated in facilities used only for potable

water treatment plant filter media.

9. The GAC bed shall be a minimum of 48 inches deep.

10. GAC shall not be used as a dual functioning medium (filter and adsorber) when synthetic organic

chemicals are regularly present in the raw water and filtration of the water is required.

11. GAC treatment units must be pilot or bench tested to determine GAC life.

12. Each GAC treatment unit shall be provided with isolation valves and a drain.

7:10-11.16 Disinfection of public community water system water supplies

(a) General regulations for disinfection are as follows:

1. Disinfection of public community water supplies shall be accomplished with chlorine or chlorine

compounds. The Department shall approve use of other disinfecting agents if post-chlorination is

used to provide an adequate chlorine residual in the finished water.

2. Chlorination shall be the last treatment process in a treatment plant with multiple treatment pro-

cesses. Prechlorination may be practiced if it is applied in conjunction with post-chlorination.

(b) Disinfection equipment requirements are as follows:

1. Gas chlorinators shall be of the solution feed type and hypochlorite feeders shall be of the positive

displacement type.

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2. If chlorine dioxide is used as the disinfectant, sodium chlorite shall be injected into the discharge

line of a solution feed chlorinator, with subsequent formation of the chlorine dioxide in the reaction

chamber.

3. If ammonia is added in conjunction with chlorine for chloramine disinfection, the ammonia treat-

ment unit shall be separate from the chlorine treatment unit so that the ammonia and chlorine gases

do not mix.

4. Superchlorination followed by dechlorination may be used, provided the minimum chlorine contact

periods set forth at (e) below are employed.

ance with (e) below, even if the maximum water flow rates coincide with the anticipated maximum

chlorine demand.

(d) The chlorination treatment system shall have sufficient capacity to disinfect all water within the treat-

ment plant if one treatment unit is out of service.

(e) Regulations for chlorine contact period and chlorine residual are as follows:

1. To afford adequate protection for both surface water and ground water, chlorination treatment sys-

tems shall be designed to ensure the following minimum chlorine contact periods before the water

enters the public community water system distribution system. The engineer's report submitted

with the application for a permit under this subchapter shall demonstrate that these requirements

are met.

i. Ground water shall be treated for a minimum chlorine contact period of at least five minutes

to produce the minimum free chlorine residual level required pursuant to (e)3 below or at least

30 minutes to produce the minimum combined chlorine residual level required pursuant to (e)3

below.

ii. Surface water or ground water under the direct influence of surface water shall be treated for

a minimum chlorine contact period of 30 minutes to produce the minimum free chlorine resid-

ual level required pursuant to (e)3 below.

2. A post-chlorination treatment with a minimum of five minutes chlorine contact time shall be em-

ployed by all public community water systems.

3. Chlorination treatment units shall be designed to produce the following chlorine residuals at the

specified pH values.

Required Chlorine Residuals at Specified pH Values

Available Chlorine Residual

pH Value

Free

Combined

Up to 7.0

0.2 ppm

1.0 ppm

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7.0 to 8.0

0.3 ppm

1.5

ppm

8.0 to 9.0

0.4 ppm

2.0 ppm

(f) Regulations for gas chlorinators are as follows:

1. Gas chlorinating devices shall be located in above-grade separate rooms with an outside entrance

only and shall have proper ventilation including an exhaust fan near floor level with an outside

switch. The doors of such rooms shall open outward and shall be provided with panic type hard-

ware (that is, a push bar for opening the door) on the inside of the door. A room heater shall be

provided. Chlorine scale and storage rooms shall be equipped in the same manner.

2. An automatic chlorine leak alarm, or observation window to facilitate visual inspection without

opening the door of the chlorination room, shall be provided.

3. Gas chlorinating devices shall be equipped with a minimum of two chlorine cylinders intercon-

nected by a manifold and valved to permit rapid changeover when the in-use cylinder becomes

exhausted. An automatic switch over valve shall be used in water treatment plants at which an

operator is not present 24 hours per day.

4. Scales shall be provided for determining the changes in weight of chlorine cylinders.

5. A sufficient supply of water shall be available for operating the chlorinator and shall be adequately

protected against backsiphonage.

6. The rotameter used in a gas chlorinator shall be appropriately sized to prevent an abnormally high

chlorine application rate in the event that the rotameter is accidentally misadjusted to apply chlo-

rine at a rate higher than intended.

7. Automatic chlorinators with chlorine residual recorders and alarm systems to indicate chlorinator

failure shall be installed at all surface water treatment plants and at other types of water treatment

plants if the source water does not meet the microbiological standards specified in the State pri-

mary drinking water regulations, N.J.A.C. 7:10-5.

8. A gas mask, preferably with air pack or air hose to the exterior, shall be stored in a readily accessible

location outside the chlorine room or other appropriate location and maintained in good operating

condition in accordance with the manufacturer's specifications.

(g) Regulations for hypochlorinators are as follows:

1. The room in which a hypochlorinator is housed shall be heated.

2. Hypochlorinators shall meet the requirements of N.J.A.C. 7:10-11.12.

3. A solution tank with minimum storage capacity of 36 hours shall be used, and shall be of durable

material resistant to fracture and inert to reaction with the hypochlorite solution.

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(h) Regulations for auxiliary equipment are as follows:

1. A comparator, suitable for determining chlorine residuals by the D.P.D. method in accordance with

Part 4500CL-G of Standard Methods for the Examination of Water and Wastewater, 17th Edition,

as amended and supplemented, incorporated herein by reference, shall be used. Supplies of the

necessary reagents shall be adequate and available. A copy of the Standard Methods is available

from the American Public Health Association, 1015 Fifteenth Street NW, Washington, D.C.

20005.

2. Where gas chlorination is used, an ammonia solution shall be available for testing for chlorine

leaks.

(i) Regulations for ozonators are as follows:

1. Ozonation may be used for primary disinfection but not as a substitute for post-chlorination.

2. Equipment used for ozonation shall be durable and corrosion resistant.

(j) Regulations for chlorine dioxide generators are as follows:

1. The chlorine dioxide maximum feed rate shall be 1.5 mg/l.

2. Each chlorine dioxide generator shall be at least 95 percent efficient in producing chlorine dioxide

and the production of by-products (for example, chlorates, chlorites) shall not exceed five percent.

3. A comparator, suitable for determining chlorine dioxide residuals by the D.P.D. method in accord-

ance with Part 4500-C1O2D of the Standard Methods for the Examination of Water and

Wastewater, 17th Edition, as amended and supplemented, incorporated herein by reference, shall

be used. Supplies of the necessary reagents shall be adequate and available. A copy of the stand-

ards may be obtained as provided at (h)1 above.

4. A test kit, using amperometric titration or an approved equivalent, shall be used to monitor chlorine

dioxide from the generator product stream.

(k) Disinfection equipment, contact tanks and conduits shall be designed to provide for the minimum

disinfectant contact periods established under the National Regulations, 40 CFR 141.70.

7:10-11.17 Requests for adjudicatory hearings

(a) An applicant for a permit under this subchapter or any person, subject to the limitation on third party

appeal rights set forth in P.L. 1993, c.359 (N.J.S.A. 52:4B-3.1 through 3.3), who believes himself or

herself to be aggrieved with respect to any decision made by the Department regarding such permit

application submitted pursuant to this subchapter, may contest the decision and request an adjudicatory

hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform

Administrative Procedure Rules, N.J.A.C. 1:1, if the Department:

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1. Denies a permit application, or any part thereof;

2. Revokes, withdraws or modifies a previously issued permit approval; or

3. Issues a permit with conditions that the applicant considers unreasonable.

(b) Requests for an adjudicatory hearing shall be in writing and submitted to:

Office of Legal Affairs

Attention: Adjudicatory Hearing Requests

Department of Environmental Protection

PO Box 402

Trenton, New Jersey 08625-0402

after the date upon which the notice of decision on the permit application was received by the appli-

cant.

(d) A request for an adjudicatory hearing shall be submitted in writing to the Department and shall contain:

1. The name, address and telephone number of the person making the request;

2. A statement of the legal authority and jurisdiction under which the request for a hearing is made;

3. A brief and clear statement of specific facts describing the Department decision for which a hearing

is requested; and

4. A statement of all facts alleged to be at issue and their relevance to the Department decision for

which a hearing is requested. Any legal issues associated with the alleged facts at issue must also

be included.

(e) If the Department does not receive the hearing request within 20 days after receipt by the applicant of

the notice of decision on the permit application, the Department shall deny the hearing request.

(f) If the applicant or any person requesting a hearing pursuant to (a) above fails to include all the infor-

mation required by (d) above, the Department may deny the hearing request.

(g) The Department shall determine whether a request for an adjudicatory hearing should be granted. In

making such determination, the Department shall evaluate the request to determine whether a con-

tested case exists and whether there are issues of fact which, if assumed to be true, might change the

Department's decision. Where only issues of law are raised by the request for a hearing, the request

will be denied. Denial by the Department of a request for an adjudicatory hearing shall constitute the

final decision of the Department for the purposes of judicial appeal.

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(h) The adjudicatory hearing, if granted, shall be held before an administrative law judge and in accord-

ance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the rules and regulations

promulgated thereto.

SUBCHAPTER 12. STANDARDS FOR THE CONSTRUCTION OF PUBLIC NONCOMMU-

NITY WATER SYSTEMS AND NONPUBLIC WATER SYSTEMS

7:10-12.1 Authority and scope

This subchapter establishes the certification requirements and standards for the construction of new, al-

tered, or replacement nonpublic water systems and public noncommunity water systems pursuant to the

State Act; N.J.S.A. 58:11-23 et seq., the Realty Improvement Sewerage and Facilities Act; and 58:4A-4.1

et seq., commonly known as the Subsurface and Percolating Waters Act.

7:10-12.2 Penalties

Violation of any provision of this subchapter may subject the owner of a public noncommunity water

system or nonpublic water system to an enforcement action and penalty in accordance with the State Act

and N.J.A.C. 7:10-3.

7:10-12.3 Additional definitions

In addition to the words and terms defined at N.J.A.C. 7:10-1.3, the following words and terms are

defined for the purposes of this subchapter:

"Adequate protection" means construction methods which ensure that the water that reaches con-

sumers complies continuously with the physical, chemical, and bacteriological requirements of the

State Primary Drinking Water Regulations at N.J.A.C. 7:10-5. The term "adequately protected" shall

be construed accordingly.

"Alter" means to replace any portion of an existing water system. The terms "alteration" and

"altered" shall be construed accordingly.

"Annular space" means the space between the well casing and/or well screen and the wall of the

borehole or, in the case of a multiple cased well, all of the spaces between casings and all of the space

between the outer casing and the wall of the borehole.

"Approval" means written authorization from the Department or the administrative authority to an

applicant for the construction of a proposed new, altered, or replacement water system pursuant to the

requirements of this subchapter.

"Artesian well" means a well in which water is derived from below a confining layer and in which

the static water level rises above the aquifer.

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"Aquifer" means any subsurface water-saturated zone which is significantly permeable so that it

may yield sufficient quantities of water from wells or springs in order to serve as a practical source of

potable water supply.

"Building sewer line" means the pipe extending from the outer wall of a building to a septic tank

or approved place of disposal including a public sewer, and the lines to all parts of the subsurface

sewage disposal system, except those classified as distribution lines.

"Certification" means the written statement issued by the administrative authority or the Depart-

ment pursuant to N.J.A.C. 7:10-12.39 through 12.42 that a new, altered, or replacement water system

complies with the requirements of the Realty Improvement Sewerage and Facilities Act (N.J.S.A.

58:11-23 et seq.), the State Act and this subchapter.

"Cesspool" means a covered pit with open-jointed lining into which untreated sewage is dis-

charged, the liquid portion of which is disposed of by leaching into the surrounding soil, the solids or

sludge being retained within the pit.

"Cistern" means a tank for the collection of rain water draining from a roof or roofs, which water

is intended to be used for potable purposes.

"Confining layer" means a geologic formation which separates aquifers and which consists of ma-

terial, such as clay or unfractured rock, that does not permit perceptible vertical transmission of water

to other aquifers.

"Consolidated formation" means a geologic formation in which the sands, gravels, clays or other

similar materials have been lithified. Such a formation will commonly remain stable around an open

borehole without caving.

"Construct" means to build, assemble or install a new or replacement water system or to enlarge

or alter an existing water system. The term "construction" shall be construed accordingly.

"Contamination" means sewage, industrial wastes, organisms of the coliform group, water-borne

pathogens, or harmful or objectionable material in potable water. The term "contaminated" shall be

construed accordingly.

"Decommissioning" means the permanent closure or sealing of a well in accordance with the pro-

cedures set forth in N.J.A.C. 7:9.

"Disposal bed" means an individual subsurface sewage disposal system component consisting of

a closed excavation made within soil or fill material to contain filter material in which two or more

distribution laterals have been placed for the disposal of septic tank effluent.

"Disposal field" means a disposal bed or a group of one or more disposal trenches. The perimeter

of the disposal field corresponds to the perimeter of the disposal bed, or a line circumscribing the

outermost edges of the outermost disposal trenches and including the area between the disposal

trenches.

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"Disposal trench" means an individual subsurface sewage disposal system component of a covered

excavation made within soil or fill material to contain filter material in which a single distribution

lateral has been placed for the disposal of septic tank effluent.

"Distribution box" means a watertight structure which receives sanitary sewage effluent from a

septic tank and distributes such sewage effluent in equal portions to two or more pipelines leading to

the disposal field.

"Distribution lateral" means a perforated pipe or one of several perforated pipes used to carry and

distribute septic tank effluent throughout the disposal field. A distribution lateral is also known as a

distribution line.

"Distribution main" means a pipe for the transmission or conveyance of potable water to more than

one realty improvement.

"Dry well" means a covered pit with open-jointed lining through which drainage from roofs, base-

ment floors or area-ways may seep or leach into the surrounding soil.

"Dug well" means a water table well that is excavated by means of picks, shovels, or similar hand-

tools.

"Finished water" means potable water which does not require treatment in order to meet the re-

quirements of the State primary and secondary drinking water regulations at N.J.A.C. 7:10-5 and 7.

"Immediate on-site supervision" means the presence of a person possessing a New Jersey well

driller's license of the proper class to provide direct and constant oversight of the work and perfor-

mance of any person(s) engaging in or assisting with the operation of a well drilling machine during

the construction of a well.

"Individual subsurface sewage disposal system" means a system for the disposal of sanitary sew-

age into the ground which is designed and constructed to treat sanitary sewage in a manner that will

retain most of the settleable solids in a septic tank and discharge the liquid effluent to a disposal field.

"Industrial waste" means solid or liquid wastes resulting from processes employed in industrial

establishments or in any commercial establishment engaged in processes which use or generate any of

the pollutants or any substance containing any of the pollutants regulated under section 307(a), (b), or

and the regulations promulgated pursuant thereto.

"Locate" means to designate the site or place of the sources or other appurtenances of a water

supply system. The term "location" shall be construed accordingly.

"Major pollutant source" means any wastewater treatment plant discharge, any documented

ground water contamination, any chemical or fuel storage facility with capacity greater than 2000

gallons, any military facility, any industrial treatment lagoon, any automotive service station, any

landfill (open, closed, or inactive), any industrial facility (including dry cleaning facilities), any septic

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system, any cemetery, any salt storage facility, any highway maintenance yard, any truck and/or bus

maintenance yard, any underground fuel and chemical storage tank with a capacity of 2000 gallons or

more, any livestock operation, any body of surface water containing salt or brackish water, any quar-

rying and/or mining facility, any asphalt and concrete manufacturing facility, and any open dump or

junkyard.

"Minor pollutant source" means any liquid chemical or fuel storage tank with capacity less than

2000 gallons, any stormwater detention or retention basin, any sanitary sewer line, any sanitary sewer

manhole, any sanitary sewer pump station, any septic tank or leaching field, any sewage treatment

facility, any active farm, and any facility to which the Department has issued a discharge permit pur-

suant to N.J.A.C. 7:14A.

"Oversized borehole" means a borehole with a diameter at least four inches greater than the inside

diameter of the well casing to be installed for the emplacement of a well.

"Point of entry treatment device" means a device by which drinking water is treated at the point of

entry into a building for the purpose of reducing contaminants in the drinking water prior to its entering

the distribution system throughout the building.

"Primary contaminant" means any drinking water contaminant regulated pursuant to the State pri-

mary drinking water regulations, N.J.A.C. 7:10-5.

"Realty improvement" means any proposed new residence, commercial or other building (includ-

ing, but not limited to, condominiums, garden apartments, town houses, mobile homes, stores, office

buildings, restaurants, hotels, and so forth), the useful occupancy of which requires the installation or

construction of a water system. Each family unit in a proposed multiple family dwelling or each

commercial unit in a commercial building shall be construed to be a separate realty improvement.

"Sanitary sewage" means any liquid waste containing animal or vegetable matter in suspension or

solution, or the water-carried wastes resulting from the discharge of water closets, laundry tubs, wash-

ing machines, sinks, dishwashers or any other source of water-carried waste of human origin or con-

taining putrescible material. This term specifically excludes industrial, hazardous or toxic wastes and

materials.

"Sanitary sewer" means a pipe which carries sewage and to which storm, surface and ground water

are not intentionally admitted.

"Secondary contaminant" means any drinking water contaminant regulated pursuant to the State

secondary drinking water rules, N.J.A.C. 7:10-7.

"Seepage pit" means a covered pit with open-jointed lining material through which septic tank

effluent may seep or leach into the surrounding soil.

"Septic tank" means a watertight receptacle which receives the discharge of sanitary sewage from

a building sewer or part thereof, and is designed and constructed so as to permit settling of settleable

solids from the liquid, partial digestion of the organic matter, and discharge of the liquid portion into

a disposal field or seepage pit.

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"Service line" means a pipe for the transmission or conveyance of potable water under pressure

either from an individual well or from a distribution main to a single realty improvement.

"Single dwelling nonpublic water system" means any nonpublic water system which provides

piped potable water to a single or multifamily residential building of four or fewer dwelling units.

"Spring" means a natural surface feature where ground water issues from the rock or soil onto the

land or into a body of water.

"Stable water pumping level," when used in this subchapter in reference to a well, means the water

level in a well under pumping conditions such that the rate of change in the water level is less than 0.5

feet per hour.

"Subsurface sewage disposal system" means that part of an individual sewage disposal system

comprising the disposal field.

"Suction line" means a pipe which conveys water at less than atmospheric pressure from a well to

a pump.

"Unconfined or semi-confined aquifer" means an aquifer that is either exposed to atmospheric

pressure or bounded by layers of material which do not serve as an effective barrier to water migration.

"Unconsolidated formation" means a geologic formation in which the sands, gravels, clays or other

similar materials are loosely arranged. Such a formation will not remain stable around an open bore-

hole.

"Water bearing formation" means an aquifer as defined in this section.

"Water supply allocation permit" means the document issued by the Department, pursuant to

N.J.S.A. 58:1A-1 et seq. and N.J.A.C. 7:19, for the diversion of 100,000 or more gallons per day of

ground or surface water for more than 30 days in a consecutive 365 day period for any purpose other

than agricultural or horticultural purposes.

"Water table well" means a well in which water is derived from an unconfined or semi-confined

aquifer.

"Well" means a hole or excavation that is drilled, bored, core driven, jetted, dug, driven, or other-

wise constructed for the purpose of removal of water from the subsurface for potable water supply.

"Well development" means the removal of sands and drilling materials from the water bearing

zones of any well to produce water which is free of visible sand and/or silt and to verify well pumping

capacity.

"Well driller" means a person possessing a New Jersey well driller's license of the proper class

who engages in drilling, digging, driving, boring, coring, jetting, or other construction or repair of any

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well, and in the installation, removal, alteration, and repair of well pumping equipment and appurte-

nances thereto in connection with any well, including connecting lines between a well and a storage

tank or appurtenances thereto.

"Well stimulation" means the stimulation of a well to increase its productivity by techniques in-

cluding, but not limited to, blasting, hydro-fracturing, chemical treatment, surging and dry-icing.

"Yield," when used in this subchapter in reference to a well, means the capacity of a well to pro-

duce water at a constant pumping rate at which a stable water pumping level is maintained.

7:10-12.4 General provisions and prohibitions

(a) No person shall construct, alter, or replace a public noncommunity water system or nonpublic water

system except in accordance with the standards set forth in this subchapter and N.J.A.C. 7:9D or any

regulations adopted pursuant to the State Act and with the approval of the administrative authority as

required pursuant to this subchapter.

(b) When two or more adjacent water systems are owned by the same person and, in combination, serve

15 or more realty improvements, the water systems shall be constructed in accordance with the rules

and standards applicable to public community water systems at N.J.A.C. 7:10-11.

shall determine whether to construct a public noncommunity water system or a nonpublic water system

based on the following considerations:

1. If an adequate public community water system is available, if such public community water sys-

tem's water lines are within 200 feet of the property line of the realty improvement or the existing

water system, if connection can legally be made thereto, and if such connection is practical, then

the realty improvement or the existing water system shall be supplied with water from that source

except as provided in (c)1i below. Such connection shall be considered practical unless the con-

nection to the public community water system involves major construction such as the crossing of

a highway, stream or body of water, or major utility easement; and/or distance from the water line

or any other field condition renders such connection cost-prohibitive:

i. An existing well in an existing water system may be replaced in lieu of such connection to a

public community water system with the approval of the administrative authority.

2. The feasibility of establishing a new public community water system;

3. The dependability of the source of water supply;

4. Geology;

5. Major or minor pollutant sources as defined at N.J.A.C. 7:10-11.4(a) 4 and 5; and

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6. The components necessary to construct a balanced system of supply, pumping, treatment, distribu-

tion and finished water storage facilities to meet the peak demand.

(d) A person shall not drill, construct, install, repair, replace, modify, stimulate or decommission any well

or engage in such business unless such person possesses a valid New Jersey well driller's license of

the proper class or unless such drilling is performed under the immediate on-site supervision of a

person who possesses a valid New Jersey well driller's license of the proper class issued by the De-

partment pursuant to N.J.S.A. 58:4A-4.1 et seq. and N.J.A.C. 7:9D.

(e) A person shall not undertake or arrange for any well drilling activity that is not under the immediate

on-site supervision of a person who possesses a valid New Jersey well driller's license of the proper

class issued by the Department pursuant to N.J.S.A. 58:4A-4.1 et seq. and N.J.A.C. 7:9D.

(f) A person shall not drill, construct, install or replace a well unless such person has obtained a well

permit from the Department pursuant to N.J.S.A. 58:4A-4.1 et seq. and N.J.A.C. 7:9D.

(g) A person shall not install, repair or replace a well pump or well pumping equipment or engage in such

business unless such person possesses a valid New Jersey pump installer's license or a valid New

Jersey well driller's license of the proper class pursuant to N.J.S.A. 58:4A-4.1 et seq. and N.J.A.C.

7:9D.

(h) No material that will cause the delivered water to be toxic shall be used in the installation of a well.

(i) Any component and/or construction material containing lead alloys used in a public noncommunity

water system or nonpublic water system shall meet the following:

1. The lead content of solder and flux shall not exceed 0.2 percent.

2. The lead content of pipes, fittings, and any metallic components in contact with the drinking water

shall not exceed 8 percent.

3. The use of lead packers on potable water wells is prohibited.

7:10-12.5 Deviations from construction standards

(a) The administrative authority shall issue an approval to construct a public noncommunity water system

or nonpublic water system that deviates from the standards and requirements of this subchapter, except

as provided in (c) below, if the applicant for such approval can establish that the proposed public

noncommunity water system or nonpublic water system provides adequate protection of the water

system's water supply, as defined at N.J.A.C. 7:10-12.3. The administrative authority shall review

such an application for approval using a conservative evaluation of data submitted by the applicant

pursuant to (b) below.

(b) An applicant for an approval to construct a public noncommunity water system or nonpublic water

system that deviates from the standards and requirements of this subchapter shall submit analytical

and survey determinations which demonstrate either of the following:

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1. That the source of water supply is adequately protected by natural means; or

2. That a comparable water system or pilot plant has operated for a period sufficient to demonstrate

adequate protection of the water supply.

ment in accordance with N.J.A.C. 7:9D-2.8.

7:10-12.6. Water volume requirements

(a) The pumping capacity from all available water sources for a public noncommunity or nonpublic water

system shall meet the following minimum requirements:

1. For water systems that supply residential consumers, the system shall deliver a minimum of 2.0

gallons per minute per bedroom served for 30 minutes.

2. For water systems that supply all persons other than residential consumers and use hydropneumatic

storage, the pumping capacity shall be 10 times the average daily demand as determined using

Table 1 below. If gravity storage is used, the minimum pumping capacity may be lowered, but not

to less than the minimum required yield as set forth in (b) below.

(b) The total yield from all available water sources for a public noncommunity or nonpublic water system

shall meet the following minimum requirements:

1. For water systems that supply residential realty improvements, the yield shall be at least 0.25 gal-

lons per minute per bedroom served.

2. For water systems that supply all persons other than residential consumers, the yield shall be at

least three times the average daily demand as determined using Table 1 below.

TABLE 1: AVERAGE DAILY WATER DEMAND

Type of Establishment Gallons per person

Cottage

100

Single family dwelling

100

Multiple family dwelling (apartment)

Rooming house

Boarding house*

a. For each nonresident boarder

Hotel*

Motel or tourist cabin

Mobile home park

100

Restaurant**

a. Sanitary demand

b. Kitchen demand

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c. Kitchen and sanitary demand

10.

Camp***

Barracks type

b. Cottage type

c. Day camp (no meal served)

11.

Day school*

a. No cafeteria or showers

b. With cafeteria and no showers

c. With cafeteria and showers

With cafeteria, showers and laboratories

12.

Boarding school*

100

13.

Health care institution other than hospital

125

14.

Hospital (depending on type)

150

250

15.

Industrial facility (8 hour shift)

16.

Picnic grounds or comfort station

a. With toilet only

b. With toilet and

showers

17.

Swimming pool or bathhouse

18.

Club house*

a. For each resident member

b. For each nonresident member

19.

Nursing home

150

20.

Campground

a. Without individual sewer hook

75 per site

b. With individual sewer

hook

100 per site

c. With laundry facility and individual sewer hook

150 per site

21.

Store, office building

0.125 gal/sq. ft

22.

Self

service laundry

50 gal/wash

* Includes kitchen demand at 10 gallons per person per day. If laundry demand is anticipated, the estimated

water demand shall be increased by 50 percent.

** Demand projections shall be calculated by multiplying the certified seating capacity of the establish-

ment by the applicable water usage in gallons per person under 9a, b or c above, and by a factor of 1, 2,

or 3 reflecting the hours of operation, as follows: one to six hours (1), seven to 12 hours (2), or more than

12 hours.

***When the establishment will serve more than one use, the multiple use shall be considered in deter-

mining water demand.

7:10-12.7 Sources of water

(a) The source of water for a public noncommunity or nonpublic water system shall be a well or wells,

except that the administrative authority shall approve the use of spring or springs in accordance with

N.J.A.C. 7:10-12.23 if construction of a well is not possible due to the local terrain and/or geology,

provided the water derived from the spring or springs is disinfected pursuant to N.J.A.C. 7:10-12.32.

Dug wells, Kelly concrete-cased wells and/or their equivalents, and cisterns shall not be used as a

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source of water for such systems unless approved by the Department in accordance with N.J.A.C.

7:10-12.25.

(b) Duplicate wells and pumping equipment, or interconnection with another water system, shall be in-

stalled and ready to be used for a water system for which the average water demand exceeds 30,000

gallons per day.

and directly controls all such realty improvements.

7:10-12.8 Frost protection

All parts of a public noncommunity or nonpublic water system shall be designed, located and constructed

to protect the water against freezing.

7:10-12.9 Physical connection

No physical connection shall be established between a public noncommunity or nonpublic water system

constructed in accordance with this subchapter and a public community water system unless the physical

connection is approved in accordance with N.J.A.C. 7:10-10.

7:10-12.10 Priming systems

All water used to prime pumps for a public noncommunity or nonpublic water system shall be potable

water, to prevent the contamination of the water system.

7:10-12.11 Disinfection of water system components

(a) After completion of construction, alteration or repair of a public noncommunity or nonpublic water

system, all surfaces with which adequately protected water may come into contact shall be disinfected

before being placed into service.

(b) Methods of disinfection include, but are not limited to, the following:

1. Contact with a chlorine solution of concentration not less than 50 parts per million for a minimum

period of 12 hours;

2. Contact with a chlorine solution of concentration not less than 20 ppm for a minimum period of 24

hours;

3. Thorough wetting of the surfaces to be disinfected by means of brush or spray application of a

chlorine solution of concentration not less than 500 ppm for a minimum contact period of one

hour.

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terials submitted with the application for certification of a new, repaired or altered public noncommu-

nity or nonpublic water system pursuant to N.J.A.C. 7:10-12.39 to 12.42.

7:10-12.12 Minimum distance requirements

(a) The minimum distances at which certain components of a public noncommunity or nonpublic water

system shall be located away from sanitary sewer and septic systems, fuel storage tanks and other

structures are set forth in N.J.A.C. 7:9D-2.

1. An administrative authority may require a greater distance than that required in N.J.A.C. 7:9D-2

between a well and a sewage system component where gravel, limestone, or fractured, creviced or

fissured rock formations are expected to be encountered during drilling.

2. An administrative authority shall approve a reduction in the distance required between a well and

a disposal field or a seepage pit to a minimum of 50 feet if the well is provided with a casing to a

depth of 50 feet or more and such casing extends to, and is sealed into, a confining layer separating

the aquifer into which the well is drilled from the stratum of soil in which the disposal field is

located.

3. The administrative authority shall approve a reduction in the distance from a well to a building

sewer to a minimum of 15 feet if it can be demonstrated that the building sewer is watertight and

there are no other practicable alternatives.

7:10-12.13 (Reserved)

7:10-12.14 (Reserved)

7:10-12.15 (Reserved)

7:10-12.16 (Reserved)

7:10-12.17 (Reserved)

7:10-12.18 (Reserved)

7:10-12.19 (Reserved)

7:10-12.20 (Reserved)

7:10-12.21 (Reserved)

7:10-12.22 Test for yield and submission of well report

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The well driller shall test each completed well for yield and shall complete and submit a well report, on a

well record form provided by the Department with the issued well permit, to the Bureau of Water Alloca-

tion in the Department at PO Box 426, Trenton, New Jersey 08625-0426, in accordance with N.J.S.A.

58:4A-14 et seq. and N.J.A.C. 7:9D. The well record form includes the following information: well permit

number, well owner, name and address, well location address, well use, date constructed, well construction

details (that is, depth, borehole diameter, casing(s), grouting, screen(s), and gravel pack), pumping test

records, permanent pumping equipment, geologic log, and certification by the well driller.

7:10-12.23 Springs

(a) An administrative authority shall approve the use of a spring only when construction of a well is not

practicable, and provided the water derived from the spring is disinfected in accordance with N.J.A.C.

7:10-12.32.

(b) Any spring approved by the administrative authority as a water source pursuant to this section shall

meet the following requirements:

1. Each spring shall be provided with an encasement of concrete or other durable material to prevent

contamination of the spring. Such encasement shall be installed so as not to restrict the flow of

water into the encasement;

2. The walls of the encasement shall be extended above the elevation of the surrounding ground to

prevent the entry of surface water, and the roof shall have a watertight access cover so that the

interior of the encasement may be inspected, cleaned, and/or repaired as necessary;

3. The encasement shall be provided with an overflow constructed so as to prevent erosion of the fill

surrounding the structure. The overflow shall be constructed so as to prevent the entry of rodents

and insects, and shall be downfacing so as to prevent the entry of rain water; and

4. The joint between the encasement wall and any pipe passing through the wall shall be constructed

and installed so as to prevent the entry of surface water.

7:10-12.24 Cisterns and dug wells

Cisterns and dug wells shall not be used as sources of water for public noncommunity or nonpublic water

systems constructed after November 18, 1996.

7:10-12.25 Surface water sources

(a) Surface water shall not be used as a water source for a nonpublic water system.

(b) The Department shall approve the use of surface water for a public noncommunity water system only

if use of a well water supply is impracticable and if the surface water is treated pursuant to N.J.A.C.

7:10-12.33

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with N.J.A.C. 7:10-11.8 and shall meet the water treatment requirements of N.J.A.C. 7:10-12.33.

7:10-12.26 (Reserved)

7:10-12.27 (Reserved)

7:10-12.28 (Reserved)

7:10-12.29 (Reserved)

7:10-12.30 Water quality analysis and treatment

(a) Upon completion of construction of a water system, the owner of a public noncommunity or nonpublic

water system shall sample and analyze the microbiological quality of the raw water from the system

and submit a copy of the results of the analysis to the administrative authority.

1. If the water does not meet the microbiological requirements of the State primary drinking water

regulations at N.J.A.C. 7:10-5, the owner shall disinfect the water in accordance with N.J.A.C.

7:10-12.32.

2. Regardless of the raw water microbiological quality, the owner of a nonpublic water system or

public noncommunity water system that uses a spring or surface water source shall disinfect the

water in accordance with N.J.A.C. 7:10-12.32.

3. Microbiological quality shall be determined by analysis for total coliform. If the sample is total

coliform positive, the total coliform positive culture medium must be analyzed to determine if E.

coli are present. Analysis shall be conducted in accordance with N.J.A.C. 7:18.

(b) Upon completion of construction of a water system, the owner of a public noncommunity water system

shall sample and analyze the raw water from the system for inorganics, volatile organic compounds

(VOCs), the SOCs 1,2,3-trichloropropane, ethylene dibromide, 1,2-dibromo-3-chloropropane, the per-

and polyfluoroalkyl substances perfluorononanoic acid (PFNA), perfluorooctanoic acid (PFOA), per-

fluorooctanesulfonic acid (PFOS), and radionuclides in accordance with N.J.A.C. 7:10-5 and for sec-

ondary contaminants in accordance with N.J.A.C. 7:10-7. If the system uses a surface water source,

the administrative authority shall require the system owner to sample and analyze the water for disin-

fection by-products and pesticides regulated pursuant to N.J.A.C. 7:10-5.

ple and analyze the raw water from the system for the parameters listed at (c)1 through 12 below. The

administrative authority may require sampling and analysis for inorganic chemicals, volatile organic

compounds and/or radionuclides as appropriate based on the region and the aquifer in which the water

source is located.

1. Nitrates;

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2. Iron;

3. Manganese;

4. pH;

5. Lead;

6. All volatile organic compounds for which MCLs have been established under the State primary

drinking water regulations, N.J.A.C. 7:10-5;

7. Arsenic;

8. Gross alpha particle activity, determined using the 48 Hour Rapid Gross Alpha Test, in accordance

with N.J.A.C. 7:18;

9. As of March 3, 2019, the synthetic organic compounds 1,2,3-trichloropropane, ethylene dibromide,

and 1,2-dibromo-3-chloropropane;

10. As of December 1, 2021, the per- and polyfluoroalkyl substances PFNA, PFOA, and PFOS;

11. In addition to the parameters listed at (c)1 through 10 above, if the water system is located in

Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Monmouth, Ocean, or Salem

County, mercury; and

12. In addition to the parameters listed at (c)1 through 10 above, if the water system is located in

Bergen, Essex, Hudson, Hunterdon, Mercer, Middlesex, Morris, Passaic, Somerset, Sussex, Un-

ion, or Warren County, uranium.

(d) The owner of the water system shall submit a copy of the results of the analyses conducted pursuant

to (b) and (c) above to the administrative authority.

(e) Based on the results of the analyses submitted pursuant to (d) above, the administrative authority may

require physical and chemical treatment of the water in accordance with N.J.A.C. 7:10-12.33.

(f) The owner of public noncommunity or nonpublic water system that uses a surface water source shall

filter the water before it enters the distribution system using a filtration method approved by the De-

partment. Public noncommunity water systems shall in addition meet the requirements of N.J.A.C.

7:10-9.

(g) All analyses required pursuant to this section shall be conducted at a certified laboratory, certified in

accordance with N.J.A.C. 7:18 for the specific analytical method used.

(h) The administrative authority shall require the owner of a public noncommunity water system or non-

public water system to provide treatment of the water when the water supply does not meet any of the

maximum contaminant levels specified at N.J.A.C. 7:10-5.

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(i) The administrative authority shall require the owner of a public noncommunity water system or non-

public water system to provide treatment of the water when it determines that the exceedance of one

or more of the standards established in the State Secondary Drinking Water Regulations, N.J.A.C.

7:10-7, causes adverse effects on consumers of that system's water.

7:10-12.31 Chemical handling and chemical feed systems

(a) General requirements for chemical handling and chemical feed systems are as follows:

1. Suitable means shall be provided to ensure proper and continuous application rate of chemical.

2. Variation of the feed rate shall not exceed five percent of the intended application rate.

3. Chemical solution feeders shall be located so as to prevent dust and fumes from entering other

operating areas in the treatment plant.

4. Chemical solution shall not be introduced directly into any pipe or conduit under negative pressure

or directly into a well.

5. An antisiphon device shall be installed on the chemical solution feed line. The device shall include

an antisiphon valve to provide a vacuum break on the chemical solution feed line. The chemical

feel line shall be looped to a level higher than the highest elevation of the chemical storage tank

so as to prevent backsiphonage or drainage of the chemical solution into the treated water supply.

6. Each chemical solution feeder shall be equipped with a no-flow switch to prevent the feeding of

chemical solution upon cessation of water flow.

(b) Regulations for chemical solution tanks are as follows:

1. When dissolving a solid treatment chemical, each chemical solution tank shall be provided with

adequate agitation to keep the strength of the solution uniform.

2. Makeup water shall be introduced into the chemical solution tank through an air break or other

approved method, to prevent back-siphonage.

3. Each chemical solution tank shall be equipped with a cover to prevent contamination and shall be

of capacity sufficient to provide at least 24 hours worth of storage at normal operating feed rates.

or cleaning, shall be protected against damage and freezing, shall be corrosion resistant, shall be as

short as possible, and shall be provided with adequate slope to permit draining.

(d) Where applicable, as determined by the administrative authority, safety equipment such as a shower,

a U.S. Bureau of Mines approved respirator, rubber or neoprene gloves and apron, and goggles shall

be provided.

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7:10-12.32 Disinfection of public noncommunity and nonpublic water systems

(a) General regulations for disinfection are as follows:

1. Disinfection shall be accomplished using chlorination, ultra-violet light, or ozonation, in accord-

ance with the methods described in (b), (c) or (d) below.

2. The owner of any public noncommunity water system with an extensive service area shall maintain

a detectable disinfectant residual in the water distribution system. For purposes of this subsection,

an extensive service area is 100 service connections or 1500 linear feet of water mains or gravity

storage.

3. Chlorine disinfection shall be accomplished in accordance with the chlorine contact period and

residual requirements set forth in N.J.A.C. 7:10-11.16(e).

(b) Regulations for chlorination are as follows:

1. The administrative authority shall approve the use of gas chlorination for public noncommunity

and nonpublic water systems only if the use of hypochlorite feed systems are impractical for the

specific application.

2. The chlorinating device shall be capable of producing a chlorine residual after the contact period

as required pursuant to N.J.A.C. 7:10-11.16(e)3. A chlorine residual test kit shall be used to verify

that the correct application rate is maintained.

3. The chlorination device shall be protected from freezing.

4. Gas chlorinating devices shall be located in above-grade separate rooms with an outside entrance

only and shall have proper ventilation including an exhaust fan near floor level with an outside

switch. An observation window to permit visual inspection without opening the door of the chlo-

rine room shall be provided. The doors of such rooms shall open outward and shall be provided

with panic type hardware (that is, a push bar for opening the door) on the inside of the door. A

room heater shall be provided. Chlorine scale and storage rooms shall be equipped in the same

manner.

5. Operation of the chlorinating devices shall be synchronized with the operation of the well pump.

1. Ultra-violet tubes shall be jacketed so that a temperature of 105 degrees Fahrenheit is maintained.

2. The jacket on the ultra-violet light tubes shall be quartz or high-silica glass with similar optical

characteristics.

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3. The ultra-violet light disinfection unit shall be designed to permit frequent mechanical cleaning of

the water contact surface of the ultra-violet light tube jacket without disassembly of the unit.

4. The maximum water depth in the disinfection chamber, measured from the ultra-violet light tube

surface to the outer walls of the chamber, shall not exceed three inches.

5. Ultra-violet radiation at a level of 2,537 Angstrom shall be applied at all points throughout the

disinfection chamber at a minimum rate of 16,000 microwatt seconds per square centimeter.

6. An automatic flow control valve, accurate within the expected pressure range, shall be installed to

restrict flow to the maximum design flow of the ultra-violet disinfection unit.

7. An accurately calibrated ultra-violet light intensity meter, filtered to confine its sensitivity to the

range of disinfection spectrum, shall be installed in the wall of the disinfection chamber at the

point of greatest water depth from the light transmitting source.

8. A flow diversion valve or automatic shut-off valve controlled by the ultra-violet light intensity

meter shall be installed so as to permit water flow into the water system only when the minimum

radiation level specified at (c)5 is applied. When power is not being supplied to the unit, the valve

shall be in a closed (fail-safe) position to prevent the flow of water into the water system.

9. The ultra-violet light disinfection unit shall be installed in a manner such that it cannot be bypassed.

(d) Rules for disinfection by ozonation are as follows:

1. Ozonation may be used for disinfection of any public noncommunity or nonpublic water system.

2. Ozonation shall not be used as a substitute for postchlorination if the water system is required to

maintain a chlorine residual in the distribution system pursuant to (a) 2 above.

3. Equipment used for ozonation shall be durable and corrosion resistant.

7:10-12.33 Chemical and physical treatment

(a) General requirements for chemical and physical treatment are as follows:

1. A public noncommunity water system using a surface water source is subject to the requirements

of N.J.A.C. 7:10-11.8, 11.12, 11.13 and 11.14.

2. Treatment facilities shall be capable of producing water that meets the applicable State primary

and/or secondary drinking water regulations at N.J.A.C. 7:10-5 and 7.

3. Treatment units shall be of sufficient capacity to produce the daily volumes of water required pur-

suant to N.J.A.C. 7:10-12.7.

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4. All filter shells, ion-exchange pressure tanks and chemical solution feed drums shall be constructed

of corrosion resistant materials or contain non-corrodible liners.

5. Point of entry treatment (POET) devices may be used to treat water in any public noncommunity

or nonpublic water system. The Department recommends that such devices be certified to meet

appropriate ANSI/NSF standards 42, 44, 53, 55, 58, and 62 as amended and supplemented, or the

equivalent. POET devices shall also meet ANSI/NSF Standard 61 if used in public noncommunity

water systems. In addition, POET devices shall meet the following requirements:

i. Each device shall be equipped with sampling water taps before and after the point at which

treatment is applied;

ii. The manufacturer's specifications and the owner's manual for operation and maintenance of

each POET device shall be available on-site at all times;

iii. The owner of the water system shall conduct an efficiency test of the device upon its installa-

tion. The administrative authority may require the owner of the public noncommunity water

system to conduct periodic water quality testing in addition to the quarterly monitoring re-

quired under N.J.A.C. 7:10-5.2(a)13 if the POET device is installed to remove primary con-

taminants.

6. Wastewater resulting from the backwashing or regeneration of filter media and/or ion exchange

resin shall not be discharged to a sanitary sewer system except in accordance with the New Jersey

Pollutant Discharge Elimination System rules, N.J.A.C. 7:14A, and with written approval from the

appropriate sewerage authority.

(b) Regulations for corrosion control are as follows:

1. pH adjustment for corrosion control is recommended when the pH of the raw water is less than 6.5.

The pH adjustment system used for corrosion control shall be capable of raising the pH to a mini-

mum of 7.5 units.

2. A neutralizing filter consisting of a bed of graded limestone may be used to adjust pH.

3. Injection of alkaline chemicals may be used to adjust pH only if the following conditions are met:

i. Only soda-ash, lime, or caustic soda shall be fed by means of a positive displacement pump.

Due to safety considerations, the Department does not recommend using caustic soda in small

water systems and single dwelling water supply systems.

ii. Operation of the feed pump shall be synchronized with the operation with the well pump.

iii. Safety equipment including respirator, gloves, apron, shower and eye wash facilities shall be

provided.

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1. Iron and manganese removal units shall include an oxidizing process (natural precipitation or chem-

ical precipitation) followed by a filtration process.

2. Iron and manganese removal units which include an open aeration process shall be designed and

constructed so as to minimize dust pickup. All air which enters the oxidizing unit shall pass

through a corrosion-resistant screen of not less than 24 mesh in order to prevent the entry of insects.

Forced air which enters the oxidizing unit shall pass through air particulate filters.

3. Iron and manganese removal units which include an ion exchange process (for example, water

softening) shall be designed and constructed such that the treated water will not contain a sodium

concentration in excess of 50 mg/l pursuant to N.J.A.C. 7:10-7. The treated water shall not be

softened to zero hardness. Potassium regenerant may be used as an alternative to sodium regen-

erant.

(d) Packed column aeration (PCA) units or equivalent air strippers shall be capable of removing volatile

organic compounds (VOCs) from at least twice the maximum levels found in the water to below the

applicable MCLs. If the PCA unit is followed by a granular activated carbon (GAC) unit(s), the re-

moval of VOCs may be achieved through the combined use of both treatment units.

1. Each air intake on forced aeration or mechanically induced aeration systems must be equipped with

an air particulate filter.

2. Taps by which water can be sampled shall be placed before and after the PCA unit.

(e) Granular activated carbon (GAC) units used for the removal of VOCs shall meet with the following

requirements:

1. Each GAC unit shall have a minimum carbon life (prior to VOCs breakthrough) of three months;

2. Taps by which water can be sampled shall be placed before and after each GAC unit tank; and

3. Only virgin GAC shall be used, except regenerated GAC may be used if such GAC was used

previously only in potable water treatment plants and regenerated in facilities used only for potable

water treatment plant filter media.

(f) Any type of water treatment not described in (a) through (e) above shall meet the requirements of

N.J.A.C. 7:10-11.15, as applicable.

7:10-12.34 General requirements for storage of finished water

(a) Storage for finished water shall be an integral component of each public noncommunity and nonpublic

water system.

(b) The location, size and type of finished water storage facility shall be such as to provide a minimum

pressure of 20 psi under all flow conditions.

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nance.

(d) Each reservoir, standpipe, or elevated tank shall be equipped with a watertight roof or cover and an

overflow.

(e) Each hydropneumatic tank shall be equipped with a pressure relief valve which shall have a rated

working pressure in excess of the maximum system pressure.

(f) Each vent shall be equipped with a downfacing elbow or mushroom-type cap and be fitted with an

insect screen.

(g) Any protective coating in contact with water shall comply with ANSI/NSF Standard 61, as amended

and supplemented, incorporated herein by reference, and shall be inert and non-toxic and shall not

impart any taste, odor or color to the water.

(h) All finished water storage reservoirs, tanks and appurtenances shall be disinfected in accordance with

N.J.A.C. 7:10-12.11.

7:10-12.35 Required storage capacity

(a) Each single dwelling nonpublic water system shall be equipped with water storage capacity in accord-

ance with a storage tank manufacturer's recommendations reflecting well yield, well pump capacity,

and size of dwelling to be served.

(b) Each public noncommunity and nonpublic water system serving a nonresidential unit and/or multiple

residential or nonresidential realty improvements equipped with hydropneumatic water storage facil-

ities shall comply with the following requirements:

1. The capacity of the pumping equipment in a hydropneumatic storage system shall be at least 10

times the average daily water demand determined using Table 1 at N.J.A.C. 7:10-12.6.

2. The gross volume of the hydropneumatic tank, in gallons, shall be either at least ten times the

capacity of the largest pump, rated in gallons per minute, or the gross volume recommended by

the equipment manufacturer.

EXAMPLE: Assume a proposed water system has an average daily water demand, as determined

using Table 1 at N.J.A.C. 7:10-12.6, of 10,000 gallons per day (gpd) or seven gallons per minute (gpm).

The total capacity of the well and/or booster station pump(s) must be 70 gpm (10 times seven gpm) and

the system must have a hydropneumatic tank capacity of 700 gallons (10 times 70 gpm).

residential water systems using gravity storage facilities.

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7:10-12.36 General requirements for distribution systems

(a) All service lines and distribution mains intended for year-round water service shall be covered with

sufficient earth to prevent freezing, with the minimum depth of cover being three feet.

(b) All newly constructed service lines and distribution mains shall be disinfected before being placed in

service in accordance with N.J.A.C. 7:10-12.12.

distribution system shall be equipped with hydrants or other flushing devices to permit water main

flushing. Each deadend, if unavoidable, shall be provided with a flushing device or a valved outlet to

which a temporary pipe may be affixed to discharge flushed water above ground.

(d) Every water service line shall be separated with undisturbed or compacted earth to a horizontal distance

of at least five feet from any sanitary sewer, at least 10 feet from any septic tank, distribution box,

disposal field or seepage pit, and at least 25 feet from any cesspool.

(e) All water mains and sanitary or industrial sewer lines shall be separated by a horizontal distance of at

least 10 feet. If such lateral separation is not possible, the water and sewer lines shall be in separate

trenches (step trenches are prohibited) with the top of the sewer line at least 18 inches below the bottom

of the water main. At sewer line and water main crossings, the top of the sewer line shall be at least

18 inches below the bottom of the water main. If such vertical separation is not possible, then the

water line shall be sleeved a distance of five feet to both sides of the crossing. Sewer service laterals

are not subject to this requirement.

7:10-12.37 Capacity and size of service lines

(a) The minimum inside diameter of any service line shall be three-quarter inches.

(b) The design capacity of every distribution main and every service line shall be such as to provide a

minimum pressure of 20 psi at ground level under all flow conditions.

7:10-12.38 Water crossings

(a) Each distribution main which spans a stream or water course or which is fastened to a bridge shall be

of cast iron, ductile iron or steel, and shall be properly supported to maintain stability.

(b) Each distribution main which crosses under a stream or water course shall be at least three feet below

the bed of the stream or water course, and shall be constructed of cast iron, ductile iron or steel or

other suitable material.

7:10-12.39 General requirements for the certification of new, altered or replacement nonpublic or

public noncommunity water systems

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(a) An application for certification of a new nonpublic water system or public noncommunity water sys-

tem, alteration thereto, or replacement thereof, which includes a new or altered water source a new or

altered water treatment method, or a significant distribution system expansion, shall be submitted by

the owner of the water system in writing to the administrative authority on the application form, if

any, provided by the administrative authority.

1. The application form for certification shall, at a minimum, contain the following information:

i. The name of water system owner;

ii. The address of water system owner;

iii. The location of water system;

iv. A description of the work to be performed; and

v. Relevant specifications and diagrams for the work to be performed, sufficient to enable the

administrative authority to determine conformance with the requirements of this subchapter.

(b) In the case of a water system using wells as a water source, the application shall include a copy or

copies of the well drilling permit or permits obtained from the Bureau of Water Allocation in the

Department.

application shall also include a copy of the water supply allocation permit issued by the Bureau of

Water Allocation in the Department.

(d) In the case of a water system that will serve 50 or more realty improvements, prior to any final major

subdivision plot approval and in addition to the application for certification to the administrative au-

thority, an application for certification shall be submitted to the Department in accordance with

N.J.A.C. 7:10-12.42.

(e) The administrative authority shall review the information contained in the application for certification

and shall determine whether the proposed water system is in compliance with requirements of this

subchapter.

(f) The administrative authority shall notify the applicant in writing of its approval or denial of the appli-

cation.

(g) Any certification issued by an administrative authority shall be conditioned on the following:

1. Submission and approval of copies of reports and/or certification from the well driller and/or veri-

fication by inspection during installation that all well(s) are constructed in accordance with the

requirements of this subchapter, all applicable requirements of N.J.S.A. 58:4A-4.1 et seq. and

N.J.A.C. 7:9D, and any special conditions of the well permit approvals from the Department.

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2. Submission and approval of the results of water quality analyses conducted pursuant to N.J.A.C.

7:10-12.30.

7:10-12.40 Additional requirements for the certification of single dwelling nonpublic water sys-

tems and other nonpublic water systems

(a) In addition to the requirements of N.J.A.C. 7:10-12.39, the application for certification of a single

dwelling nonpublic or other nonpublic water system shall include the following:

1. An explanation of the need and justification for construction of a single dwelling nonpublic water

system or a nonpublic water system in lieu of connection to a public community water system;

2. In the case of a single dwelling realty improvement or any new or altered water source, a surveyor's

plot plan or a sketch of the property;

3. In the case of a subdivision containing multiple realty improvements, a plot plan which contains

sufficient detail to permit examination and comprehension of the proposed water system; and

4. The plot plan or sketch pursuant to (a)2 and 3 above shall show the locations of all wells and service

lines, and sewage disposal systems and other potential sources of contamination within 150 feet

of each proposed well. Plot plans shall show the locations of municipal boundaries, roads, streams,

sanitary sewers, storm water sewers and drainage channels, test wells, well fields, all existing and

proposed water supply and sewage disposal facilities, and service lines and potential sources of

contamination within 150 feet of each proposed well. The topography of the property shall be

shown by elevations, contours or other suitable method.

(b) The certification issued by the administrative authority for a single dwelling nonpublic or other non-

public water system shall be conditioned on the submission and approval of a description of the as-

built water system that includes the following:

1. If the water source is other than a well, the dependable yield, quality of the water in relation to its

treatability, and the methods of construction employed to ensure adequate protection;

2. If the water source is a well or wells, data on the geological strata penetrated during construction,

construction features of the well or wells, yield, and water quality;

3. Pumping equipment, including location, type, capacity and method of operational control;

4. Water storage facilities, including location, type, capacity, and operational pressure range;

5. Analytical results regarding the microbiological, physical and chemical quality of the water in ac-

cordance with N.J.A.C. 7:10-12.30;

6. Water treatment processes, if any, together with the type and application rate of chemicals to be

applied;

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7. Treatment and disposal of sludge and filter backwash, if applicable; and

8. Method for the disinfection of all surfaces, prior to the system being placed into operation, with

which adequately protected water may come into contact.

7:10-12.41 Additional requirements for the certification of public noncommunity water systems

(a) In addition to the requirements of N.J.A.C. 7:10-12.39, the application for certification of a public

noncommunity water system shall include the following:

1. An explanation of the need and justification for construction of a public noncommunity water sys-

tem in lieu of connection to a public community water system;

2. Except as provided in N.J.A.C. 7:9D-1.7, plans and specifications of the proposed water system

prepared by a New Jersey-licensed professional engineer and bearing such engineer's seal and

signature. Such plans shall be drawn to a suitable scale to facilitate photo-reduction and with suf-

ficient detail to permit examination and comprehension of the proposed water system. The plans

shall show the locations of municipal boundaries, roads, streams, sanitary sewers, storm water

sewers and drainage channels, test wells, well fields, all existing and proposed water supply and

sewage disposal facilities, all distribution mains, service lines, and potential sources of contami-

nation within 200 feet of each proposed well. The topography of the property shall be shown by

elevations, contours, or other suitable methods;

3. Information on the number and types of realty improvements to be served, including number of

persons expected to use the water, and anticipated water demand; and

4. Information on the size, type of pipe, location, depth and sanitary protection of the distribution

mains, and whether such mains are to be used for fire service.

(b) The certification issued by the administrative authority for a public noncommunity water system shall

be conditioned on the submission and approval of a description of the as-built water system that in-

cludes the information specified at N.J.A.C. 7:10-12.40(b)1 through 8.

system shall comply with the requirements set forth at N.J.A.C. 7:10-13.5 and 13.6.

7:10-12.42 Requirements for certification by the Department of water supply systems for 50 or

more realty improvements

(a) Before any final major subdivision plot approval may be granted by any municipal planning board for

50 or more realty improvements, an application for certification of the water system shall be submitted

to the Department. Such application shall be submitted in accordance with this section and shall in-

clude plans, specifications and an engineer's report, prepared pursuant to (c) through (e) below by a

qualified New Jersey licensed professional engineer. The plans shall bear the engineer's seal as re-

quired by N.J.S.A. 45:8-45.

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(b) A complete application for certification shall include all of the following:

1. A completed original Standard Application Form obtained from the Department;

i. The application form shall be signed by the owner, or the proper official (with title), as speci-

fied on the application form, of the company or corporation constructing the realty improve-

ments. If the application is signed by an authorized agent, a certified copy of the authorization

shall be attached.

ii. A copy of the resolution of preliminary subdivision approval from the municipal planning

board and specific endorsement(s) of the type of water system(s) (individual wells or public

community water system) being proposed;

2. The plans, specifications and engineer's report specified at (a) above;

3. A copy of a Pinelands Certificate of Filing, Notice of Filing, Certificate of Completeness, Prelim-

inary Zoning Permit, resolution of the Pinelands Commission approving the project or a letter from

the Pinelands Commission indicating that the project is exempt from the Pinelands Commission

review; and

4. The applicable fee pursuant to N.J.A.C. 7:10-15.

ments and shall identify the eventual owner and operator of the water system. The report shall include

a detailed evaluation of alternative water systems specifically addressing municipal planning board

recommendations, costs, and water quality.

(d) The specifications shall describe the general construction, materials, and equipment to be used for the

water system.

(e) If the proposed water system consists of individual wells, the engineering plans shall also include the

following:

1. A plan of the proposed subdivision showing lots with their dimensions, contours or original grades,

proposed elevation of the final grading shown at corner lots or any contemplated change of slope,

drainage right of way and any contemplated diversion thereof affecting the proposed realty im-

provements, storm sewers, location and depth of all wells and existing water supplies within 500

feet of any realty improvement, and location and depth of proposed wells for the water system;

2. A description of the proposed water system including location of all test wells drilled to investigate

water supply potential location of all natural streams and storm water drainage channels on or

abutting the subdivision and of any contemplated relocation of same, location of coastal waters

when less than one-half mile from the mean high water line and all salt water estuaries and eleva-

tion of maximum high water when available, type of well or source of water, estimated depth of

wells, and pumping equipment, storage facilities, and purification facilities;

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3. An inventory of potential major and minor pollutant sources within the subdivision and of major

pollutant sources within 500 feet of the property line of the subdivision and 2,500 feet upgradient

of ground water flow.

4. Tentative schedule for construction of the realty improvements and estimated date of availability

of and connection to a public community water system if expected.

(f) Such additional information as the Department may request in order to fulfill the requirements of this

section.

(g) Depending on the type of proposed water system, the Department will review the application for cer-

tification in accordance with the standards for construction set forth at:

1. For public community water systems, N.J.A.C. 7:10-11.

2. For individual wells, N.J.A.C. 7:10-12.

7:10-12.43 Requests for adjudicatory hearings

(a) An applicant for a certification or any person, subject to the limitation on third party appeal rights set

forth in P.L. 1993, c.359 (N.J.S.A. 52:4B-3.1 through 3.3), who believes himself or herself to be ag-

grieved with respect to decisions made by the Department pursuant to this subchapter may contest the

decision and request an adjudicatory hearing pursuant to the Administrative Procedure Act, N.J.S.A.

52:14B-1 et seq. and the New Jersey Uniform Administrative Procedure Rules, N.J.A.C. 1:1, in ac-

cordance with the appeal procedures set forth at N.J.A.C. 7:10-11.17.

(b) Any person who believes himself or herself to be aggrieved with respect to decisions made by the

administrative authority may appeal pursuant to the local administrative authority appeal procedure as

appropriate.

SUBCHAPTER 13. STANDARDS FOR TECHNICAL, MANAGERIAL, AND FINANCIAL

CAPCITY OF PUBLIC COMMUNITY AND NONCOMMUNITY WATER SYSTEMS

7:10-13.1 Purpose and scope

This subchapter establishes minimum technical, managerial, and financial capacity requirements for new

public community and nontransient noncommunity water systems. These requirements are necessary to

prevent approval for operation of a water system which the Department has determined to be non-viable.

A non-viable water system is prone to failure or otherwise unable to comply with all maximum contami-

nant level, treatment technique, and monitoring and reporting requirements established in the Federal and

State primary and secondary drinking water regulations.

7:10-13.2 Additional definition

In addition to the words and terms defined at N.J.A.C. 7:10-1.3, the following term is defined for the

purposes of this subchapter.

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"Capacity" means the overall capability of a water system to reliably produce and deliver water meet-

ing all national primary drinking water regulations and applicable State regulations. Capacity encompasses

the technical, managerial, and financial (TMF) capabilities that enable the water system to plan for,

achieve, and maintain compliance with applicable drinking water standards.

7:10-13.3 Demonstration of technical capacity for community water systems

(a) An applicant for a permit to construct and operate a new public community water system pursuant to

N.J.A.C. 7:10-11.5(a) shall, in addition to requirements set forth in N.J.A.C. 7:10-11.5(d), provide a

detailed description of source of supply, treatment, storage, and distribution of the new water system's

infrastructure, which shall include the following:

1. Identification and evaluation of all critical facilities and equipment whose failure would result in a

water outage or water quality failure;

2. Evidence, including a description, of any deeds, leases or easements for land, water supply sources,

or physical facilities used in the operation of the system; and

3. Evaluation of the feasibility of connecting to any adjacent water systems and justification why these

connections should not be required.

(b) An applicant for a permit to construct and operate a new public community water system pursuant to

N.J.A.C. 7:10-11.5(a) shall submit an Infrastructure Replacement Plan that includes:

1. A description of and estimate of life expectancy of all sources of water supply, treatment, and

transmission/distribution facilities including pipes, pumping stations, storage facilities, and me-

ters; and

2. An equipment replacement plan including expected replacement date, costs, and sources of fund-

ing.

N.J.A.C. 7:10-11.5(a) shall submit proof of compliance with State operator certification rules,

N.J.A.C. 7:10A.

7:10-13.4 Demonstration of managerial and financial capacity for community water systems

(a) No person shall commence operation of a new public community water system prior to obtaining a

permit to operate issued by the Department pursuant to N.J.A.C. 7:10-11.5(j).

(b) A written application for a permit to operate shall be submitted in accordance with this section and

shall include a description of the as-built water system, and financial and managerial plans pursuant

to (c) and (d) below.

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1. Information concerning the organizational structure of the system including:

i. A description of the organizational structure with a chart showing all aspects of water system

management and operation;

ii. A description of the primary responsibilities and identification of all key personnel, including

board of directors or councils, involved in the management or operation of the system or per-

sonnel;

iii. Identification, including the names and phone numbers, of those responsible for policy deci-

sions ensuring compliance with State regulatory requirements, and the day-to-day operation of

the system;

iv. If the person in charge of operation has other responsibilities unrelated to the water system, an

explanation as to how the operator will reliably execute his or her responsibilities;

v. Copies of any contracts for management or operation of the water system by persons or agencies

other than the system owner; and

vi. A description of how legal, engineering, and other professional services are provided;

2. A description of the qualifications of the owners and managers of the water system, including any

training and experience relating to owning or managing a water system. Also, system owners shall

include a list of public water systems previously or currently owned as well as any systems previ-

ously or currently operated under contract for another owner;

3. A description of a procedure for keeping management personnel informed concerning regulatory

requirements for managing and operating a public water system;

4. An emergency management plan that includes:

i. Identification of known and potential natural and human-caused risks to the water system;

ii. Identification of personnel responsible for emergency management;

iii. A description of the notification procedures and means for implementation; and

iv. A description of the emergency response plan for each identified risk;

5. A description of system policies that define the conditions under which water service is provided.

The system policies shall include a description of:

i. Water system responsibilities;

ii. Customer responsibilities;

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iii. Design and construction standards for system modifications and additions;

iv. Cross-connection control;

v. Developer agreement and "late-comer" (future developers) policies;

vi. Customer information or public education;

vii. The process for investigating and responding to customer complaints;

viii. Budget development and rate structure that includes meter reading and billing schedule; and

ix. Response and notification if water quality violations occur.

(d) A financial plan shall include the following:

1. A five-year budget that includes revenues, operating expenses, reserves, and capital improvements

including:

i. A revenue/expenditure analysis that compares all anticipated water system revenues with

planned expenditures for the next five years;

ii. Identification of reserve accounts for emergency funding and equipment replacement; and

iii. A capital improvement plan for the next five years including identification of the project, esti-

mated costs, and amount allocated for repayment of debt financing to meet new drinking water

standards and accommodate growth;

2. A description of the budget and expenditure control procedures and reports that assure adequate

budget control including:

i. Quarterly reports comparing actual expenditures to budgeted expenses; and

ii. Purchasing procedures or policy to prevent misuse of funds; and

3. For new community water systems built in phases, a statement of credit worthiness which shall

include the following:

i. A certification that the system is not in arrears on existing debt; and

ii. A current credit report.

7:10-13.5 Demonstration of technical capacity for public nontransient noncommunity water sys-

tems

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(a) An applicant for a certification to construct and operate a new public nontransient noncommunity water

system pursuant to N.J.A.C. 7:10-12.4(a) shall, in addition to requirements set forth at N.J.A.C. 7:10-

12.39 and 12.41, submit to the administrative authority an engineer's report prepared by a New Jersey

licensed professional engineer that contains:

1. A system description that includes:

i. An identification of the municipality, area, or facility to be served by the proposed system;

ii. A description of the nature of the establishments and of the area to be served by the proposed

system;

iii. Provisions for future extension of the water system;

iv. Identification of all interconnections with other systems;

v. A description of the design basis, including average, daily, annual, maximum daily, peak hour

demands, and useful life of all sources, treatment, and transmission facilities including pipes,

pumping stations, and storage facilities;

vi. A description of proposed treatment processes including criteria and basis of design of units,

methods or procedures used in arriving at recommendations and reasons or justifications for

any deviations from conventional or indicated process or method;

vii. Identification of all backflow prevention devices;

viii. A description of source meters; and

ix. Population projections and trends for 25 years into the future;

2. A description of the source adequacy including:

i. An analysis of the ability of the proposed and existing sources to reliably meet design demands,

and a comparison of the available water with average and maximum daily demands, consider-

ing existing and future (25 years) conditions;

ii. A determination of the safe yield of the sources of supply.

(1) For ground water sources, the maximum potential yield for each well shall be reported along with

the following:

(A) Identification of the aquifer in which the wells are located;

(B) Well efficiency information, including the ratio of most recent specific capacity to maximum

specific capacity;

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limitations such as the relationship to other wells, interference from other wells, contamination, and ex-

cessive drawdown; and

(D) Operational considerations that may limit the pumping rate;

iii. A characterization of the sources of supply including appropriate hydrological data to demon-

strate reliability and water quality with a comparison to established or proposed drinking water

standards; and

iv. Source water delineation and assessment in compliance with New Jersey source water protec-

tion requirements, if applicable;

3. Evidence of compliance with the State operator certification rules at N.J.A.C. 7:10A, as applicable,

including the name of the operator(s) and licenses held;

4. Description of compliance with the State cross-connection control program (at N.J.A.C. 7:10-

10.9), as applicable; and

5. An operations plan that includes the following:

i. The name of and license possessed by, the system operator(s);

ii. The responsibilities, qualifications and training of operating personnel;

iii. A description of the routine operation/maintenance procedures;

iv. Water quality violation response procedures;

v. Water quality monitoring plan to comply with regulatory requirements for supply;

vi. Sources, treatment and distribution system;

vii. Maintenance and testing of backflow prevention devices;

viii. Source meter maintenance;

ix. Operation of treatment works and pumping plants; and

x. Storage tank inspection and cleaning.

7:10-13.6 Demonstration of managerial and financial capacity for nontransient noncommunity

water systems

(a) No person shall commence operation of a new public nontransient noncommunity water system prior

to obtaining certification from the administrative authority pursuant to this section.

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(b) The supplier of water shall submit to the administrative authority the following information prior to

the certification and approval of the water system for operation:

1. A description of the as-built water system that includes the information required under N.J.A.C.

7:10-12.40(b)1 through 8;

2. A managerial plan containing the following:

i. A description of the organizational structure with a chart showing all aspects of water system

management and operation;

ii. A description of the primary responsibilities and identification of all key personnel, including

board of directors or councils, involved in the management or operation of the system or per-

sonnel;

iii. Identification, including the names and phone numbers, of those responsible for policy deci-

sions ensuring compliance with State regulatory requirements, and the day-to-day operation of

the system;

iv. If the person in charge of operation has other responsibilities unrelated to the water system, an

explanation as to how the operator will reliably execute his or her managerial responsibilities;

v. Copies of any contracts for management or operation of the water system by persons or agencies

other than the system owner;

vi. A description of how legal, engineering, and other professional services are provided.

vii. The identity of the system's legal owner, including name and address;

viii. Copies of all documents which form the legal basis of the system and prescribe the conditions

under which the system may operate;

ix. Copies of any deeds, leases or easements for land, water supply sources, or physical facilities

used in the operation of the system;

x. A description of the qualifications of the owners and managers of the water system, including

any training and experience in owning or managing a water system. Also, system owners shall

include a list of public water systems previously or currently owned as well as any systems

previously or currently operated under contract for another owner;

xi. A description of a plan for keeping management personnel informed concerning regulatory

requirements for managing and operating a public water system; and

xii. The names and telephone numbers of responsible persons to contact in the event of an emer-

gency; and

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3. A financial plan including the following:

i. A five-year budget that includes revenues, operating expenses, reserves, and capital improve-

ments including:

(1) A revenue/expenditure analysis that compares all anticipated water system revenues with planned

expenditures for a five-year period;

(2) Identification of reserve accounts for emergency funding and equipment replacement; and

(3) A capital improvement plan for the next five years including identification of the project, estimated

costs, and amount allocated for repayment of debt financing to meet new drinking water standards and

accommodate growth.

7:10-13.7 Public water systems under the jurisdiction of the Department of Community Affairs or

under the jurisdiction of the Board of Public Utilities

(a) Determinations of technical, managerial, and financial capacity with respect to a water system subject

to the jurisdiction of the Division of Local Government Services within the Department of Community

Affairs shall be made in consultation with the Director of that Division. Nothing in these rules shall

infringe upon the regulatory jurisdiction of the Division of Local Government Services under N.J.S.A.

40A:1-1 et seq.

(b) Determinations of technical, managerial, and financial capacity with respect to a water system, which

is a public utility subject to the jurisdiction of the Board of Public Utilities pursuant to N.J.S.A. 48:1-

1 et seq. shall be made in consultation with the Board of Public Utilities. Nothing in these rules shall

infringe upon the regulatory jurisdiction of the Board of Public Utilities under N.J.S.A. 48:1-1 et seq.

SUBCHAPTER 14. (RESERVED)

SUBCHAPTER 15. FEES

7:10-15.1 Purpose and scope

This subchapter establishes the fees for the Safe Drinking Water Program as authorized by the State Act

and based upon the estimated costs of conducting, monitoring, administering and enforcing the Safe

Drinking Water Program. The Department shall periodically review the fee schedule and, after consider-

ation of other funding sources, propose and adopt adjusted fees as necessary to reflect changes in the costs

of conducting, monitoring, administering and enforcing the Safe Drinking Water Program.

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7:10-15.2 Payment of fees

(a) Each supplier of water and each owner or operator of a bulk distribution system shall pay the applicable

annual operation fee, in accordance with N.J.A.C. 7:10-15.4, on or before July 1 of each year.

(b) Each supplier of water and each owner or operator of a bulk distribution system shall pay the applicable

permit application review fee in accordance with N.J.A.C. 7:10-15.3.

accordance with N.J.A.C. 7:10-15.5.

(d) Each applicant for a physical connection permit renewal shall pay the physical connection permit

renewal fee in accordance with N.J.A.C. 7:10-15.5.

(e) Payment of fees shall be by check or money order made payable to "Treasurer, State of New Jersey"

and submitted to the Department as follows:

1. Permit application review fees and initial physical connection permit fees shall be submitted at the

time of application.

2. Annual operation fees and annual physical connection permit renewal fees shall be submitted to

the Department within 30 calendar days of the invoice date in accordance with the instructions

specified in the invoice.

(f) Each check or money order shall identify the fee being paid and the applicable public water system or

physical connection permit identification number.

(g) Any fee under this subchapter that is subject to N.J.A.C. 7:1L shall be payable in installments in ac-

cordance with N.J.A.C. 7:1L.

7:10-15.3 Calculation of permit application review fees

(a) Except as provided at (d) and (e) below, the permit application review fee for the construction and/or

modification of a public water system and/or bulk distribution system shall be determined as follows:

1. Step One: Multiply that part of the project construction cost that is:

i. Less than or equal to $ 250,000 by 0.9 percent;

ii. Between $ 250,001 and $ 1,000,000 by 0.6 percent; and

iii. More than $ 1,000,000 by 0.3 percent.

2. Step Two: Sum the figures calculated under (a)1 above to obtain the fee due. For example, if the

project cost is $ 1,100,000, the fee is calculated as the sum of 0.9 percent of the first $ 250,000

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(0.009x$ 250,000=$ 2,250) plus 0.6 percent of the next $ 750,000 (0.006x$ 750,000=$ 4,500) plus

0.3 percent of the amount greater than $ 1,000,000 (0.003 x $ 100,000=$ 300) equals $ 7,050.

(b) The maximum and minimum permit application review fees which the Department will assess are $

12,000 and $ 100.00, respectively.

or bulk purchase sources), a permit application review fee of $ 1,000 for each such new source shall

be submitted in addition to the fee calculated pursuant to (a) above.

(d) For an application for a permit to construct a distribution system pursuant to N.J.A.C. 7:10-11.10, the

permit application review fee shall be determined in accordance with the following schedule, irrespec-

tive of the project construction cost:

1. For each master permit and master permit renewal, the permit application review fee shall be as

follows, where Class 1 through 4 are as defined at N.J.A.C. 7:10-15.4(a):

Class 1

$ 500

Class 2

$ 1,000

Class 3

$ 2,500

Class 4

$ 5,000

2. For each permit to construct a water main pursuant to N.J.A.C. 7:10-11.10(b)1, the permit applica-

tion review fee shall be $ 250.

3. For each permit to construct a water main pursuant to N.J.A.C. 7:10-11.10(b)2, the permit applica-

tion review fee shall be the greater of the amounts calculated based on the number of proposed

service connections or the water main length in accordance with the following table:

Service Connections

Water Main Length (ft)

Fee Required

50 to 100

1,500 to 3,000

$ 1,000

101 to 250

3,001 to 7,500

$ 2,500

251 to 500

7,501 to 15,000

$ 4,000

more than 500

more than 15,000

$ 5,000

4. For each permit to construct an interconnection with another public community water system pur-

suant to N.J.A.C. 7:1011.10(b)2, the permit application review fee shall be $ 250 or, if the interconnecting

water main length is 1,500 feet or more, the amount calculated based on the interconnecting water main

length in accordance with the table at (d)3 above.

(e) For each application submitted pursuant to N.J.A.C. 7:10-12.42, the fee shall be $ 1,000.

7:10-15.4 Calculation of annual operation fees

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(a) For the purpose of determining the annual operation fee, each public community water system and

bulk distribution system shall be classified on the basis of population served as of July 1 of each year,

as follows:

1. Class 1: 25 to 999 people;

2. Class 2: 1,000 to 9,999 people;

3. Class 3: 10,000 to 49,999 people; and

4. Class 4: 50,000 or more people.

(b) During the initial year of operation, the annual operation fee as calculated pursuant to (c) below for a

new public water system or a new bulk distribution system shall be paid on or before the first day of

operation and shall be prorated as follows:

1. For a system which begins operation on or after July 1 up to and including September 30, the full

annual operation fee;

2. For a system which begins operation on or after October 1 up to and including December 31, three-

quarters of the annual operation fee;

3. For a system which begins operation on or after January 1 up to and including March 31, one-half

of the annual operation fee; and

4. For a system which begins operation on or after April 1 up to and including June 30, one-quarter

of the annual operation fee.

accordance with the following table:

Class

Fee for System without Water

Fee for System with

Treatment

Water Treatment

Class 1

$ 60

$ 120

Class 2

$ 360

$ 720

Class 3

$ 790

$ 1,580

Class 4

$ 1,640

$ 3,280

7:10-15.5 Fees for physical connection permits

(a) The initial physical connection permit review fee shall be $ 150.00.

(b) The physical connection permit renewal fee shall be $ 200.00.