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Administrative Order 2002-07 To Ammend and Supplement ADMINISTRATIVE ORDER 2002-05

I, Bradley M. Campbell, Commissioner of the New Jersey Department of Environmental Protection (Department), pursuant to the authority vested in me by Executive Order No. 11, issued by Governor James E. McGreevey on March 4, 2002, the Water Supply Management Act, N.J.S.A. 58:1A-1 et seq., and its implementing rules, N.J.A.C. 7:19, previously issued Administrative Order No. 2002-05, imposing Phase I - Mandatory Water Use Restrictions. This Administrative Order is intended to amend and supplement the provisions of Administrative Order No. 2002-05. Except as specifically provided by amendment herein, the provisions of Administrative Order No. 2002-05 shall remain in effect.

Through the issuance of Administrative Order 2002-05 on March 13, 2002, the Department began the process of implementing Executive Order No. 11, with an initial set of conservative restrictions and provisions intended to reduce water use while minimizing disproportionate burdens on specific sectors of the economy. Additions and revisions to the initial set of restrictions and provisions have been identified and are now warranted. Further modifications may be required as drought impacts and conditions change and infrastructure or other needs are identified. These modifications may include new water use restrictions or conditions on existing restrictions and they will be set forth in future Administrative Orders.

Accordingly, based upon the ban on adjustable water uses set forth in the Water Supply Allocation Rules at N.J.A.C. 7:19-13.3, I undertake the following actions in order to amend the Statewide Water Use Restrictions in order to curtail demands, preserve storage and to otherwise help alleviate the severity of the water emergency.

SECTION I. Statewide Water Use Restrictions

The restrictions imposed by Administrative Order 2002-05 upon the filling of public and private swimming pools, outdoor hot tubs, spas, jacuzzis as presented in Section I, item 12.D. are hereby superseded by the following restrictions:

12. D. Filling of family, public and private swimming pools, including but not limited to outdoor hot tubs, spas, jacuzzis, is prohibited, except in the following cases:

  1. Newly constructed or installed swimming pools may be filled once upon completion of construction, provided that, if the water is from the local municipal water purveyor, its use is approved by that purveyor;
  2. A pool that was drained prior to March 11, 2002 may be refilled once;
  3. A pool that was not drained prior to March 11, 2002 may not be drained and refilled unless the draining is necessary in order to make structural or other essential repairs, or draining is the only way that the pool can be adequately cleaned for healthy operations.
  4. If a pool requires repairs in order to preserve the structural integrity of the pool and/or its supporting infrastructure, the pool may be drained for repair and subsequently refilled one time only. A person seeking to use water for this purpose shall notify the local police, fire, and public works departments prior to draining the swimming pool to provide notice to authorities and provide for an opportunity for reuse in accordance with v. below;
  5. Every reasonable effort shall be made to collect and re-use water drained from a pool, including use by the local fire department or public works department;
  6. Topping of pools (that is, adding water to a partially filled pool) is permitted, provided that the amount of water used is the minimum necessary to maintain the integrity of the pool's circulation and filtration system(s); and
  7. Pools should only be drained if absolutely necessary.
Section III. General Provisions Applicable Statewide

The provisions of Administrative Order 2002-05, the ban on open burning, provision 4; and the holding in abeyance of new or modified Water Allocation permits, provision 7; are hereby superseded as set forth below. Those general provisions are also supplemented with new provisions 13, 14, and 15 set forth below.

4. In accordance with N.J.S.A. Title 13, Chapter 9 (Forest Fire Laws) and N.J.A.C. Title 7, Chapter 27, Subchapter 2 (Control and Prohibition of Open Burning), I hereby order mandatory open burning restrictions which include:

  1. All permits issued under N.J.S.A. Title 13, and N.J.A.C. Title 7 and Title 8 will be held in abeyance until drought conditions are relieved.

  2. This provision does not apply to:
    1. Outdoor BBQ's; or
    2. Permits authorized for religious ceremonies.
6. The Department is hereby holding in abeyance a final decision on any pending application for diversion and/or disposal under N.J.A.C. 7:36 or any pending application for conveyance of State property under N.J.S.A. 13:1D-51 et seq. where, in its sole discretion, the Department has determined that granting such applications may have an adverse impact on the State's water supply.

7. The Department is hereby holding in abeyance final decisions on the issuance of all new or modified Water Allocation Permits and Water Use Registrations under N.J.A.C. 7:19. Holders of current Water Allocation Permits and Water Use Registrations shall not increase their individual monthly utilization above the average monthly rate for that month for the past 2 years, except upon notification to the Department.

13. Consistent with the Delaware River Basin Water Code Sections 2.5.6.D.3.b.viii and 2.5.6.D.3.f.ii, the water in Lake Hopatcong has been identified as necessary to provide supplies for essential health and safety purposes. In order to deal with the worsening drought, its impact on water supplies within the State, and to maximize the amounts of water in storage, releases of water from Lake Hopatcong must be reduced.

THEREFORE, I HEREBY DIRECT that the releases from Lake Hopatcong be reduced from 7.5 million gallons per day to 4.4 million gallons per day, effective immediately.

14. In order to determine the capability of the water supply infrastructure within the State to effectuate transfers of water within and between drought regions, an inventory of interconnections is necessary at this time. All public community water systems, as defined at N.J.A.C. 7:10-1.3, serving a population of 10,000 persons or more shall provide a report to the Department regarding existing interconnections of six inch diameter or greater with all other public community water systems, regardless of population served. The report shall be in a format to be prescribed in a Directive Letter to be issued March 15, 2002 by the Department's Drought Coordinator.

15. FURTHERMORE, I HEREBY DESIGNATE the Drought Coordinator to act on my behalf in the implementation and clarification of the drought emergency requirements as provided under N.J.A.C. 7:19 during the pendency of the water supply emergency.

This Order shall take effect immediately and shall remain in effect until superseded or terminated by my action or by action of the Governor of the State of New Jersey. All previous Orders issued by me shall remain in effect, except to the extent that they conflict with this Order. This Order amends and supplements, and is intended to be read and implemented in conjunction with Administrative Order No. 2002-05. All other sections of Administrative Order No. 2002-05 not amended herewith continue in force unaltered.



Date: March 15, 2002 _________________
Bradley M. Campbell
Acting Commissioner

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Department of Environmental Protection
P. O. Box 402
Trenton, NJ 08625-0402

Last Updated: December 19, 2002