Bill Text: NJ A357 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires water purveyors to notify municipalities they service regarding water supply and water quality issues.*
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2013-01-17 - Reported from Assembly Comm. as a Substitute, 2nd Reading [A357 Detail]
Download: New_Jersey-2012-A357-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman DAVID W. WOLFE
District 10 (Ocean)
Co-Sponsored by:
Assemblyman Burzichelli
SYNOPSIS
Requires water purveyors and licensed operators to notify municipalities they service regarding water supply and water quality issues.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning water allocation permits and amending and supplementing P.L.1981, c.262
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1981, c.262 (C.58:1A-3) is amended to read as follows:
3. As used in the provisions of P.L.1981, c.262 (C.58:1A-1 et seq.), P.L.1993, c.202 (C.58:1A-7.3 et al.) and P.L.2003, c.251 (C.58:1A-13.1 et al.):
[a]. "Commissioner" means the Commissioner of the Department of Environmental Protection or the commissioner's designated representative[;].
[b.] "Consumptive use" means any use of water diverted from surface or ground waters other than a nonconsumptive use as defined in this section[;].
[c.] "Department" means the Department of Environmental Protection;.
[d.] "Diversion" means the taking or impoundment of water from a river, stream, lake, pond, aquifer, well, other underground source, or other water body, whether or not the water is returned thereto, consumed, made to flow into another stream or basin, or discharged elsewhere[;].
[e.] "Nonconsumptive use" means the use of water diverted from surface or ground waters in such a manner that it is returned to the surface or ground water at or near the point from which it was taken without substantial diminution in quantity or substantial impairment of quality[;].
[f.] "Person" means any individual, corporation, company, partnership, firm, association, owner or operator of a [water supply facility] public water system, political subdivision of the State and any state, or interstate agency or Federal agency[;].
[g.] "Waters" or "waters of the State" means all surface waters and ground waters in the State;.
[h.] "Safe or dependable yield" or "safe yield" means that maintainable yield of water from a surface or ground water source or sources 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 department[;].
[i.] "Aquaculture" means the propagation, rearing and subsequent harvesting of aquatic species in controlled or selected environments, and the subsequent processing, packaging and marketing, and shall include, but need not be limited to, activities to intervene in the rearing process to increase production such as stocking, feeding, transplanting, and providing for protection from predators. "Aquaculture" shall not include the construction of facilities and appurtenant structures that might otherwise be regulated pursuant to any State or federal law or regulation[;].
[j]. "Aquatic organism" means and includes, but need not be limited to, finfish, mollusks, crustaceans, and aquatic plants which are the property of a person engaged in aquaculture[;].
[k.] "Six Mile Run Reservoir Site" means the land acquired by the State for development of the Six Mile Run Reservoir in Franklin Township, Somerset County, as identified by the Eastern Raritan Feasibility Study and the New Jersey Statewide Water Supply Plan prepared and adopted by the department pursuant to section 13 of P.L.1981, c.262 (C.58:1A-13)[;].
"Public community water system" means a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.
"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 at least 60 days out of the year. Such term includes: (1) any collection, treatment, storage and distribution facilities under control of the operator of such system and used primarily in connection with such system; and (2) any collection or pre‑treatment storage facilities not under such control which are used primarily in connection with such system.
"Water purveyor " means any person that owns or operates a public water system.
(cf: P.L.2003, c.251, s.1)
2. Section 8 of P.L.1981, c.262 (C.58:1A-8) is amended to read as follows:
8. Every permit issued pursuant to P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.) shall include provisions:
a. Fixing the term of the permit;
b. Fixing the maximum allowable diversion, expressed in terms of a daily, monthly or annual diversion;
c. Identifying and limiting the use or uses to which the water may be put;
d. Requiring the diverter to meter the water being diverted and report the amount and quality of the water being diverted;
e. Allowing the department to enter the diverter's facilities or property to inspect and monitor the diversion;
f. Requiring that all water diverted for a nonconsumptive use be returned to a reasonably proximate body of water designated by the department;
g. Allowing the transfer of a permit with the consent of the department, but only for the identical use of the waters by the transferee;
h. Governing the operations and maintenance of the specific facilities, equipment or premises not otherwise established in regulations because of the unique nature of the facilities, equipment or premises;
i. Permitting the department to modify, suspend or terminate the permit, after notice and public hearing, for violations of its conditions, the provisions of P.L.1981, c.262 (C.58:1A-1 et al.)[,] or P.L.1993, c.202 (C.58:1A-7.3 et al.), regulations adopted or orders issued by the department, and when deemed necessary for the public interest;
j. Permitting the department to modify the conditions of a diversion permit issued or water usage certification approved pursuant to section 6 of P.L.1981, c.262 (C.58:1A-6) in a designated area of critical water supply concern in order to (1) limit or reduce the quantity of water which lawfully may be diverted to the safe or dependable yield of the resource; (2) transfer the point of diversion; or (3) require a permittee to utilize alternate sources of water, upon a determination that the existing diversion or continued use of the same source in excess of the safe or dependable yield, as the case may be, adversely impacts or threatens to adversely impact the water resources of the State;
k. Allowing the transfer of water allocation to a different point of diversion within a designated area of critical water supply concern with the approval of the department.
(cf: P.L.1993,c.202, s.4)
3. Section 9 of P.L.1981, c.262 (C.58:1A-9) is amended to read as follows:
9. The Board of [Regulatory Commissioners] Public Utilities shall fix just and reasonable rates for any public water [supply] system subject to its jurisdiction, as may be necessary for that public water system to comply with an order issued by the department or the terms and conditions of a permit issued pursuant to P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.).
(cf: P.L.1993, c.202, s.8)
4. Section 14 of P.L.1981, c.262 (C.58:1A-14) is amended to read as follows:
14. a. [When] Whenever the department determines that the developed water supply available to a water purveyor is inadequate to service its users with an adequate supply of water under a variety of conditions, the department may order the water purveyor to develop or acquire, within a reasonable period of time, additional water supplies sufficient to provide that service.
b. The Division of Local Government Services in the Department of Community Affairs shall, when reviewing the annual budget of any [municipality, county, or agency thereof which operates a public water supply system] municipality, county, or agency thereof which operates a public water system , certify that an amount sufficient to cover the cost of any order issued to the [municipality, county or agency thereof] owner or operator of the public water system pursuant to subsection a. of this section is included in that annual budget.
(cf: P.L.1981, c.262, s.14)
5. Section 15 of P.L.1981, c.262 (C.58:1A-15) is amended to read as follows:
15. The department may:
a. Perform any and all acts and issue such orders as are necessary to carry out the purposes and requirements of P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.);
b. Administer and enforce the provisions of P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.) and rules, regulations and orders adopted, issued or effective thereunder;
c. Present proper identification and then enter upon any land or water for the purpose of making any investigation, examination or survey contemplated by P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.);
d. [Subpena] Subpoena and require the attendance of witnesses and the production by them of books and papers pertinent to the investigations and inquiries the department is authorized to make under P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.), and examine them and those public records as shall be required in relation thereto;
e. Order the interconnection of public water [supply] systems, whether in public or private ownership, whenever the department determines that the public interest requires that this interconnection be made, and require the furnishing of water by means of that public water system to another public water system, but no order shall be issued before comments have been solicited at a public hearing, notice of which has been published at least 30 days before the hearing, in one newspaper circulating generally in the area served by each involved public water [supply] system, called for the purpose of soliciting comments on the proposed action.
f. Order any person diverting water to improve or repair its water supply facilities so that water loss is eliminated so far as practicable, safe yield is maintained and the drinking water quality standards adopted pursuant to the "Safe Drinking Water Act," P.L.1977, c.224 (C.58:12A-1 et al.) are met;
g. Enter into agreements, contracts, or cooperative arrangements under such terms and conditions as the department deems appropriate with other states, other State agencies, federal agencies, [municipalities, counties,] municipalities, counties, educational institutions, [investor-owned water companies, municipal utilities authorities,] other water purveyors , or other organizations or persons;
h. Receive financial and technical assistance from the federal government and other public or private agencies;
i. Participate in related programs of the federal government, other states, interstate agencies, or other public or private agencies or organizations;
j. Establish adequate fiscal controls and accounting procedures to assure proper disbursement of and accounting for funds appropriated or otherwise provided for the purpose of carrying out the provisions of P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.);
k. Delegate those responsibilities and duties to personnel of the department as deemed appropriate for the purpose of administering the requirements of P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.);
l. Combine permits issued pursuant to P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.) with permits issued pursuant to any other act whatsoever whenever that action would improve the administration of those acts;
m. Evaluate and determine the adequacy of ground and surface water supplies and develop methods to protect aquifer recharge areas.
(cf: P.L.1993, c.202, s.9)
6. Section 16 of P.L.1981, c.262 (C.58:1A-16) is amended to read as follows:
16. If any person violates any of the provisions of this act or any rule, regulation or order adopted or issued pursuant to the provisions of this act, the department may institute a civil action in a court of competent jurisdiction for injunctive relief to enforce said provisions and to prohibit and prevent that violation and the court may proceed in the action in a summary manner. Any person who violates the provisions of this act or any rule, regulation or order adopted or issued pursuant to this act shall be liable to a civil administrative penalty of not more than $5,000.00 for each offense to be imposed by the department pursuant to standards adopted in regulations; or a civil penalty of not more than $5,000.00 for each offense, to be collected in a civil action by a summary proceeding under ["the penalty enforcement law" (N.J.S.2A:58-1 et seq.)] the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), or in any case before a court of competent jurisdiction wherein injunctive relief has been requested. The Superior Court shall have jurisdiction to enforce the [penalty enforcement law] "Penalty Enforcement Law of 1999". If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense. The department is authorized to compromise and settle any claim for a penalty under this section in such amount in the discretion of the department as may appear appropriate and equitable under all of the circumstances.
(cf: P.L.1991, c.91, s.527)
7. (New section) The department shall require every water purveyor that owns or operates a public community water system and the licensed operator therefor as defined in section 2 of P.L.1983, c.230 (C.58:11-65) to submit quarterly and annual reports to the governing body of each municipality within its service area to ensure that these governing bodies are provided with adequate and accurate reports regarding the adequacy and water quality of the developed water supply available for its users. The reports shall be prepared in a format prescribed by the department by rule or regulation.
a. Every water purveyor shall file quarterly reports with the municipalities it services regarding permitted water allocations. These reports shall include the following information:
(1) The term of the allocation permit;
(2) The maximum allowable diversion, expressed in terms of a daily, monthly or annual diversion;
(3) The permitted allocation and the specific water sources utilized therefor;
(4) Whether the water purveyor has exceeded the permitted allocation during any particular time period;
(5) Whether the water purveyor is seeking an increase in the water allocation due to planned development projects and updates of the status of any such projects or applications before the department.
The reports shall include an annual assessment by the water purveyor, based on service area planning, regarding the timeframe for the anticipated utilization of the entire water allotment in the allocation permit and the need for acquiring an additional water allotment by contract or application to the department therefor.
b. Whenever a water purveyor exceeds the permitted allocation during any particular time period as determined by the department by rule or regulation, the water purveyor shall publish a notice of this water usage in at least one newspaper circulating generally in the area served by the water purveyor, which shall also include an explanation of conservation methods necessary to ensure the continued viability of the public water system and anticipated alternatives for the permittee to acquire an additional water allotment by contract or application to the department therefor.
c. Every water purveyor and licensed operator shall file quarterly compliance sampling reports with the municipalities serviced by the water purveyor regarding water quality. The compliance sampling reports shall contain the sampling results for inorganic compounds, volatile organic compounds, synthetic organic compounds, and radionuclides analyses, which shall be prepared in a format prescribed by and on forms available from the department.
d. The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B‑1 et seq.), rules and regulations as the department deems appropriate to effectuate the purposes of this section. The rules and regulations shall specify the responsibilities of water purveyors, whether public or private, and licensed operators with respect to the reporting and notification requirements of this section.
8. (New section) Any water purveyor or licensed operator who knowingly:
(1) makes any false or misleading statement on any report or notice required to be submitted pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill); or
(2) fails to submit any report or publish a notice required pursuant to section 7 of P.L. , c. (C. )(pending before the Legislature as this bill) shall, upon conviction, be guilty of a crime of the fourth degree and, notwithstanding the provisions of N.J.S.2C:43-3, shall be subject to a fine of not more than $50,000 for the first offense and not more than $100,000 for the second and each subsequent offense.
9. This act shall take effect immediately.
STATEMENT
This bill requires every water purveyor to file quarterly and annual reports with the municipalities they service regarding the adequacy and water quality of the water furnished to its users.
Specifically, the Department of Environmental Protection (DEP) is directed to require every water purveyor that owns or operates a public community water system to submit quarterly and annual reports to the governing body of each municipality within its service area to ensure that these governing bodies are provided with adequate and accurate reports regarding the developed water supply available for local water users.
These quarterly reports must include the following information:
(1) the term of the allocation permit;
(2) the maximum allowable diversion, expressed in terms of a daily, monthly or annual diversion;
(3) the permitted allocation and the specific water sources utilized therefor;
(4) whether the water purveyor has exceeded the permitted allocation during any particular time period; and
(5) whether the water purveyor is seeking an increase in the water allocation due to planned development projects and updates of the status of any such projects or applications before the DEP.
The reports shall include an annual assessment by the water purveyor, based on service area planning, regarding the timeframe for the anticipated utilization of the entire water allotment in the allocation permit and the need for acquiring an additional water allotment by contract or application to the DEP therefor.
Whenever a water purveyor exceeds its permitted allocation the water purveyor must publish a notice of this water usage in at least one newspaper circulating within the affected service area, which must also include an explanation of conservation methods necessary to ensure the continued viability of the public water system and anticipated alternatives for the water purveyor to acquire an additional water allotment by contract or application to the department therefor.
The bill also requires every water purveyor and licensed operator to file quarterly sampling reports with the municipalities they service regarding the water quality of the developed water supply available for its users. The compliance sampling reports must contain the sampling results for inorganic compounds, volatile organic compounds, synthetic organic compounds and radionuclides, which shall be prepared in a format prescribed by and on forms available from the DEP.
Under the bill, the Department of Environmental Protection is required to adopt rules and regulations to implement the requirements imposed under the bill.
Lastly, the bill imposes penalties on water purveyors and licensed operators for violations. Any water purveyor or licensed operator who knowingly (1) makes any false or misleading statement on any report or notice required to be submitted under the bill, or (2) fails to submit any report or publish a notice required under the bill would, upon conviction, be guilty of a crime of the fourth degree and would be subject to a fine of not more than $50,000 for the first offense and not more than $100,000 for the second and each subsequent offense.
