ADMINISTRATIVE ORDER NO. 1999-11

I, Robert C. Shinn, Jr., Commissioner of the Department of Environmental Protection (Department), pursuant to the authority vested in me by Executive Order No. 98, issued by Governor Christine Todd Whitman on August 5, 1999, and by the Water Supply Management Act, N.J.S.A. 58:1A-1 et seq., and its implementing regulations found at N.J.A.C. 7:19-1 et seq., previously issued Administrative Order Nos. 1999-08 and 1999-10, imposing Phase I – Mandatory Restrictions governing water usage throughout the State of New Jersey. Based upon a variety of climatic and water supply conditions, as outlined below, I have determined it to be necessary in the public interest to issue the following Order.

The combination of coordinated water management measures implemented by water suppliers, municipalities, counties and the State, including water conservation efforts and voluntary and mandatory water use restrictions, effectively reduced water use demands during the past five weeks, thus averting a water shortage crisis in the near term. Substantial rainfall events across much of southern New Jersey have moderated the breadth of the precipitation shortfall in that region. However, despite overwhelming cooperation by New Jersey’s residents and businesses to conserve water, the remainder of the State continues to experience a significant long-term precipitation deficit, compounded by below-normal levels in surface and ground water supplies serving much of central and northern New Jersey.

Due to the extensiveness of the continuing drought conditions, it is incumbent on all residents, visitors, businesses and government agencies to fully comply in a cooperative effort to avoid a more serious water shortage and the need for further restrictions. The following restrictions apply equally regardless of whether the source of supply is surface or ground water, which may include a pond, lake, river or stream, or from a public water supplier or a private well. Furthermore, nothing in this Order shall be construed to preempt any local or county water use restrictions that are more stringent. All hardship exemptions previously granted shall continue in force and are not affected hereby. This Order supercedes Administrative Order Nos. 1999-08 and 1999-10, which Orders are hereby repealed.

  1. VOLUNTARY CONSERVATION

    Pursuant to Executive Order No. 100, signed by Governor Christine Todd Whitman on this date, September 14, 1999, thus terminating the state of water emergency caused by drought conditions for eight southern New Jersey counties, I hereby designate that a "Drought Warning" condition exists in that region, and impose voluntary conservation measures, in the following counties: Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Ocean and Salem. Voluntary conservation calls upon all users of water to take voluntary measures to reduce unnecessary water usage so as to conserve water resources in the region. Information from purveyors necessary to track water demands will be requested as needed.

  2. MANDATORY RESTRICTIONS
  3. In all remaining counties, Sussex, Passaic, Bergen, Essex, Morris, Warren, Hunterdon, Somerset, Union, Middlesex, Mercer, Hudson, and Monmouth, Executive Order No. 98 remains in effect. Based upon the ban on adjustable water uses set forth in the Emergency Water Allocation Regulations for a Phase I water emergency, N.J.A.C. 7:19-13.3, the following uses of water are prohibited in the emergency area designated in the Governor’s Executive Order No. 100:

    1. The watering of lawns, except that:
      1. In order to establish and maintain newly seeded grass, watering, with the minimum amount necessary, is permitted on Wednesdays and Saturdays until October 31, 1999, provided that watering may only occur between 6:00 A.M. and 9:00 A.M. and between 5:00 P.M. and 8:00 P.M., such that watering shall not exceed 20 minutes per area watered on any one day. Documentation to verify the date of planting shall be produced upon request by the appropriate authorities.

      2. In order to establish and maintain newly sodded grass, watering, with the minimum amount necessary, is permitted every other day until October 31, 1999, provided that watering may only occur between 6:00 A.M. and 9:00 A.M. and between 5:00 P.M. and 8:00 P.M. Watering shall not exceed 20 minutes per area watered on any one day, except that watering may be extended to one hour per area watered on the day that the sod is laid. Documentation to verify the date of laying the sod shall be produced upon request by the appropriate authorities

      3. Following application of fertilizer, pesticide or herbicide, watering is permitted, with the minimum amount necessary, for 3 days from the date of application between 6:00 A.M. and 9:00 A.M. and between 5:00 P.M. and 8:00 P.M., such that watering shall not exceed 20 minutes per area watered on any one day. Documentation verifying the date of application shall be produced upon request by the appropriate authorities.

      4. Watering is permitted, with the minimum amount necessary, for the re-vegetation of land in order to prevent soil erosion following earth moving activities, provided that all of the following apply:

        1. The activity is a construction-related project that must comply with the "Soil Erosion and Sediment Control Act" (Act), N.J.S.A. 4:24-39 et seq.;

        2. The purpose of the re-vegetation project is to prevent erosion of a "critical area," as designated in a soil erosion control plan pursuant to the provisions of the Act, or as determined by the applicable soil conservation district official for the area in question; and

        3. Watering shall be limited to 30 days from the date of planting, with no more than 20 minutes of water to be applied per area on any one day.

      5. Companies engaging in the installation or repair of lawn irrigation systems may test a customer's newly installed or newly repaired sprinkler system for a maximum of ten (10) minutes per sprinkler zone. Every effort shall be made to limit the amount of water utilized.

        During the period of the test a sign shall be displayed on the front lawn which shall be at least four (4) feet by four (4) feet in size with lettering large enough to be clearly visible from the nearest road. The sign shall read:

        AUTHORIZED LIMITED TESTING OF SPRINKLER SYSTEM

        Company Name, Address and Telephone Number

    2. The watering of vegetation other than lawns, except that:

      1. Plants, trees, shrubs, vegetable and flower gardens may be watered, with the minimum amount necessary, if applied by bucket, watering can, or hand-held hose equipped with an automatic shut-off nozzle; or

      2. As a substitute for the means of watering permitted in 1. above, alternative irrigation technology, including emitter or drip tube devices, low-pressure, perforated soaker hose or a sprinkler set on a timer, may be used for watering, provided that the following conditions are met:

        1. Watering is limited exclusively to plants, trees, shrubs, vegetable and flower gardens;
        2. Watering devices are placed on a timer to operate between 6:00 A.M. and 9:00 A.M. and between 5:00 P.M. and 8:00 P.M. such that watering shall not exceed 20 minutes per area watered on any one day ; and

        3. No puddling of water may occur.

    3. The watering of agricultural food crops is exempted at this time. Watering of sod at commercial sod farms and nursery stock at nurseries or retail outlets may be watered in accordance with the industry-wide conservation plan developed cooperatively by the Rutgers Cooperative Extension, United States Department of Agriculture Natural Resources Conservation Service, and the New Jersey Department of Agriculture, OR with sprinklers or other means as follows:

      1. Field grown production. Daily watering is permitted between 6:00 A.M. and 11:00 A.M. and between 4:00 P.M. and 9:00 P.M.

      2. Container grown production. Daily watering is permitted between 6:00 A.M. and 11:00 A.M. and between 4:00 P.M. and 9:00 P.M. Syringing of stressed plants is permitted, as absolutely necessary, between 12:00 noon and 3:00 P.M., with no more than 10 minutes of watering allowed in the same area.

      3. Retail Sales. Daily watering is permitted between 6:00 A.M. and 10:00 A.M. and between 4:00 P.M. and 7:00 P.M.

    4. The washing of any vehicles other than ambulances and fire engines, except that:

      1. Water may be used for washing of vehicles if performed by a business enterprise engaged in car washing. The following requirements shall be met by all commercial car washing businesses:

        1. Pre-rinses of vehicles shall be permitted only with recycled water.

        2. Rinse cycles shall be forty (40) seconds or less per vehicle. This may be accomplished by increasing conveyor speeds.

        3. Additional measures shall be implemented such as reducing the size of water nozzles where possible and plugging all unnecessary out-flows, further reducing consumption.

        4. All fixtures and equipment shall be inspected for leaks on a daily basis. Necessary repairs shall be made immediately.

        5. Water conservation consciousness shall be encouraged by the Car Wash Operators of New Jersey by the placement of posters and literature where customers and employees will have access to them.

    5. The use of water for washing paved surfaces, such as streets, roads, sidewalks, driveways, garages, parking areas and patios, except that:

      1. Water may be used, in the minimum amount necessary, for roadway milling and the preparation of asphalt street or driveway re-coating and sealing.

      2. Water may be used, in the minimum amount necessary, for sanitation purposes on the premises of eating and drinking places.

      3. Non-potable water may be used for municipal street sweeping, provided that the minimum amount of water is applied, and an appropriate sign clearly indicating "Non-potable Water Utilized" is prominently displayed on the street sweeping vehicle.
      4. In those instances where a threat to public health may exist, as certified by the municipal or county department of health, the minimum amount of water should be used to accomplish the given task.

    6. The serving of water in restaurants, clubs or eating places, unless specifically requested by the patron.

    7. The use of water for flushing of sewers, except that:

      1. The appropriate public sewerage or other related agency may use water, if deemed necessary in the interest of public health and safety.

      2. Water may be used by any other public or private entity where a threat to public health or safety may exist, as certified by the municipal or county department of health.

    8. The use of fire hydrants by fire companies for routine testing purposes or for fire department drills, except as deemed necessary in the interest of public safety and specifically approved by the municipal governing body and the applicable water purveyor.

    9. The use of fire hydrants by municipal road departments, contractors and all others, except:

      1. As necessary for fire fighting or fire protection purposes; or

      2. In those cases in which a business has traditionally utilized water from a hydrant with prior permission from the applicable water purveyor and provided that water usage is metered and determined to be necessary for the maintenance of the business.

    10. The use of water for outdoor recreational purposes, except that:

      1. Golf courses, which posses a valid Water Allocation Permit or Water Use Registration from the department, may use water in the following manner:

        1. For greens and tees, with the minimum amount necessary for survival, by sprinkler or other mechanical means between 9:00 P.M. and 12:00 midnight and between 3:00 A.M and 6:00 A.M. Syringing is permitted for no more than 5 minutes per green between 12:00 noon and 3:00 P.M.

        2. As part of a necessary overseeding or resodding operation until October 31, 1999, newly seeded or sodded fairways may be watered between 9:00 A.M. and 4:00 P.M., provided that no area may be watered for more than 20 minutes on any given day.

        3. Rough or other grass areas not addressed in a. and b. above may not be watered by any means.

        4. Under no circumstances shall cumulative water usage exceed 35% of average monthly demand, as based on permit or registration figures submitted to the department.

      2. Clay tennis courts may be watered by means of sprinklers or other hand-held watering devices for no more than 10 minutes per day between 8:00 P.M. and 5:00 A.M and between 12:00 noon and 3:00 P.M.

      3. For public and private swimming pools, which shall include outdoor hot tubs, spas and jacuzzis, the following is permitted:

        1. Newly constructed or installed swimming pools may be filled once upon completion.

        2. The one-time draining and subsequent re-filling of a swimming pool for repairs if conditions threaten the integrity of the pool and/or its supporting infrastructure. A person seeking to use water for this purpose shall notify the local police prior to draining the swimming pool.

        3. Topping of pools, with the minimum amount of water necessary to maintain the integrity of the circulation and filtration system(s).

        4. Partial draining, to the minimum extent necessary, to facilitate winterization and covering.

        5. Every reasonable effort shall be made to collect and re-use water drained from a pool, including use by the local fire department.

      4. Athletic playing fields, including those used by professional, college/university and youth league sports teams, as well as those owned or operated by public and private schools and parks, may be watered, provided that:

        1. Fields may only be watered between 8:00 P.M. and 6:00 A.M., with watering not to exceed 20 minutes per area watered on any one day;

        2. No grass or dirt areas outside of the essential playing area may be watered; and

        3. Voluntary water conservation measures shall be instituted to the maximum extent practicable.

    11. The outdoor use of any water for ornamental purposes, including fountains, artificial waterfalls and reflecting pools, except that water may be used as necessary in order to preserve or support wildlife.

  4. For the purposes of promoting the use of "non-potable" water as a substitute for potable water sources, where appropriate and in conjunction with effectuating the purposes of this Order, I hereby authorize domestic treatment works to make available, for temporary use, final treated effluent which meets all of its New Jersey Pollutant Discharge Elimination Systems (NJPDES) permit requirements, as a substitute for potable water sources, under the following conditions:

    1. The domestic treatment works must be in compliance with its existing NJPDES discharge permit and must obtain written approval from the Department’s Division of Water Quality prior to allowing the re-use of their effluent.

    2. Discontinuance of the effluent discharge into the receiving water body shall not jeopardize the base flow of the receiving water, nor shall it impact downstream water supply withdrawals.

    3. Recommended applications include: landscaping beds, street sweeping, nurseries, non-edible crops, horse tracks, golf courses, roadside plantings and mobile fire protection. The application of treated effluent shall not produce surface runoff or ponding. Individuals spraying the effluent should use proper care and precautions so as not to come in contact with or inhale the aerosoled water vapors.

    4. Unless otherwise approved, prohibited applications include: residential lawns and other recreational areas, indoor use, edible crops, or any area where there is a high probability of immediate human contact.

    5. Final-treated effluent can only be sprayed in areas and at times, which would have limited or no public access.

    6. Signs must be posted informing the public that the water being applied is final-treated effluent.

    7. Domestic treatment facilities shall compile a list of users, which shall include the name of user, date of pickup, number of gallons used, and location of disposal.

    8. Reuse of final-treated effluent shall not be considered as a basis for increasing capacity for treatment facilities.

  5. If a water treatment facility finds it necessary to discharge to the surface and/or ground waters of the State in order to meet the needs of addressing the water emergency or to protect human health and the environment, the Department may authorize such discharge on a temporary, emergency basis. The Department may impose treatment and/or monitoring requirements within such authorization. No discharge shall commence until the Department’s authorization has been issued. The water treatment facility must file an application with the Department within ten (10) calendar days of having received the emergency authorization to begin the discharge.

Any person who shall violate any provision of Section II of this Order or shall impede or interfere with any action ordered or taken pursuant to Section II of this Order shall be subject to the penalties provided by law under N.J.S.A. 58:1A-1 et seq., N.J.S.A. App. A:9-49 et seq., and N.J.A.C. 7:19, which provide penalties ranging from a warning to a fine and/or imprisonment. Enforcement of these provisions and any subsequent Administrative Orders issued by the Commissioner of the Department of Environmental Protection or Drought Coordinator pursuant thereto will be performed by municipal and county as well as State law enforcement agencies.

Any person who shall violate any provision of Section III or IV of this Order or shall impede or interfere with any action ordered or taken pursuant to Section III or IV of this Order shall be subject to the penalties provided by law under N.J.S.A. 58:10A-1 et seq., N.J.S.A. App. A:9-49 et seq., and N.J.A.C. 7:14.

All Voluntary and Mandatory Restrictions set forth in this Order shall take effect immediately and shall remain in effect until they are superseded by another Order or until the Governor of the State of New Jersey declares by Executive Order that a state of water emergency no longer exists in all counties of New Jersey. This Order supercedes Administrative Order Nos. 1999-08 and 1999-10, which Orders are hereby repealed.

  

 

Date: ___________________  

_________________________________
Robert C. Shinn, Jr.
Commissioner