Attachment 3 - Water Allocation Permit.pdf

State of New Jersey

Department of Environmental Protection Bureau of Water Allocation & Well Permitting PO Box 426, Trenton, New Jersey 08625-0426

Water Allocation Permit

The New Jersey Department of Environmental Protection grants this permit* in accordance with your application, attachments accompanying same application, and applicable laws and regulations. This permit is also subject to further conditions and stipulations enumerated in the supporting documents.

Program Interest ID/ Permit Number:

2362P Activity Number:

WAP210001

Issuance Date: 12/08/2022

Effective Date: 01/01/2023

Expiration Date: 12/31/2032

Name and Address of Applicant

NEW LISBON DEVELOPMENTAL CTR

104 Route 72 New Lisbon, NJ 08064

Location of Activity/Facility Woodland Twp Burlington County

Type of Permit Water Allocation Permit - Renewal

Statute(s) N.J.S.A. 58:1A-1

This permit grants permission to divert water from the approved sources in the attached permit inventory, in the following municipalities, for the following water uses:

MUNICIPALITY COUNTY

Woodland Twp Burlington

Water Uses: Public Community Supply

This permit is subject to the attached Conditions.

Approved by the authority of:

Shawn M. LaTourette, Commissioner Department of Environmental Protection

Terry D. Pilawski, Chief Bureau of Water Allocation & Well Permitting Date: 12/08/2022

* Permit means Certification, Approval, Registration, Equivalency, etc.

12/07/2022

STAFF REPORT

PERMIT RENEWAL

In the matter of:

NEW LISBON DEVELOPMENTAL CENTER

Water Allocation Permit No. 2362P

Municipality: Woodland Township County: Burlington

In compliance with the provisions of N.J.S.A. 58:1A-1 et seq., NEW LISBON DEVELOPMENTAL CENTER filed an application with the Department of Environmental Protection on June 30, 2021, for the Renewal of Water Allocation Permit No. 2362P.

Background

On July 21, 2010, a renewal of Water Allocation Permit No. 2362P was issued to NEW LISBON DEVELOPMENTAL CENTER, 104 Rt 72, New Lisbon, New Jersey, 08064 with an expiration date of July 31, 2020. Pursuant to N.J.A.C. 7:19-2.4(d), the expiration date was extended for one year to July 31, 2021.

This permit approved the diversion of water from three wells in the above noted Municipality and County.

The renewal application filed on June 30, 2021, requests the renewal of the privilege to divert the following:

Allocation Limits

From Designation Parameter Limit

2362P WA PERMIT -

ALL DIVERSION

SOURCES

NEW LISBON

DEVELOPMENTAL

CTR

Water Diverted <= 80 Million Gallons Per Year

2362P WA PERMIT -

ALL DIVERSION

SOURCES

NEW LISBON

DEVELOPMENTAL

CTR

Water Diverted <= 8 Million Gallons Per Month

2362P WA PERMIT -

ALL DIVERSION

SOURCES

NEW LISBON

DEVELOPMENTAL

CTR

Maximum Diversion Rate

<= 700 Gallons Per Minute

Approved Sources and Maximum Diversion Rates

Groundwater

Well Permit No.

Well Name or Designation

Subject Item ID

Pump Capacity

(gpm)

Aquifer

3200000429 WELL 4 WSWL68096 200 Kirkwood-Cohansey water-table aquifer system

3200008688 WELL 2 WSWL68170 250 Kirkwood-Cohansey water-table aquifer system

3200008580 WELL 1 WSWL68168 250 Kirkwood-Cohansey water-table aquifer system

Findings of Fact

1. The diversion is used for Public Community Supply and serves the New Lisbon Developmental

Center.

2. This application request is for a renewal of an allocation granted by the following:

Allocation Permit No.

Date Issued

Source of Water

Diversion Amount

(MGM) (MGY)

2362P 07/21/2010 3 wells 8 80

2362P 3/26/2003 4 wells 8 80

5216 5/2/1984 4 wells 8 -

A32-20 7/1968 4 wells - -

3. The applicant’s diversion is located within the Area of Critical Water Supply Concern No. 2, but the diversion is not from a critical aquifer.

4. The system has no interconnections with adjacent systems.

5. The applicant has no agreements for the sale or purchase of water.

6. A review of quarterly diversion reports indicates the following water use:

Year Annual

Use (mg) Maximum

Monthly Use (mg)

Average Monthly Use

(mg)

Existing Allocation

(MGM) (MGY)

2021 36.813 5.701 (Aug) 3.068 8 80

2020 32.754 4.553 (Mar) 2.729 8 80

2019 32.796 4.106 (Jul) 2.733 8 80

2018 35.952 3.925 (Jul) 2.996 8 80

2017 31.461 3.357 (Jul) 2.622 8 80

7. The population served is approximately 1,300, which represents an average monthly consumption of

77 gpcd, and a peak monthly consumption of 142 gpcd based upon 2021 water use data, with a 100 percent residential use component.

8. The following information is available for the applicant’s diversion sources:

Well Locations

Well Permit No.

Well Name or Designation

Elevation Above Mean Sea Level –

US FEET

Location

3200008580 1 120 West of Kelly Road

3200008688 2 121 West of Bennion Road

3200000429 4 103 South of Bordentown Road

Well Data

Well Name or Designation

Pump Capacity

(gpm)

Aquifer Drilling Completed

Date

Finished Depth (feet)

Smallest Diameter (inches)

WELL 1 250 Kirkwood-Cohansey 11-15-1982 86 10 WELL 2 250 Kirkwood-Cohansey 12-15-1982 85 10 WELL 4 200 Kirkwood-Cohansey 2-2-1962 84 6

Well Static Water Level Data

Well Name or Designation

Historical Static Water Level Recent Static Water Level Date Level

(feet) Date Level

(feet)

WELL 1 11-15-1982 19 12/21/2021 25

WELL 2 12-15-1982 22 12/21/2021 28

WELL 4 2-3-1962 12 12/21/2021 25

Well Test Data (from Well Records)

Well Permit No.

Test Date Static Level (feet)

Pumping Time

(hours)

Yield (gpm)

Drawdown (feet)

Specific Capacity (gpm/ft drawdown) 3200008580 11-15-1982 19 8 250 9 36.6 3200008688 12-15-1982 22 4 250 7 35.7 3200000429 2-3-1962 12 8 97 20 10

9. The applicant’s diversion sources are located within the Coastal South Drought Region and

Watershed Management Area No. 19, Rancocas.

The diversion is located within the Delaware River Basin. Previously, the Delaware River Basin Commission (DRBC) issued Docket No. D-2003-8 CP for this diversion. However, an Administrative Agreement (AA) between the DRBC and the New Jersey Department of Environmental Protection (Department) became effective on December 9, 2015 upon DRBC’s approval of the amendment to DRBC’s Rules of Practice and Procedure to provide for a One Process/One Permit Program. Therefore, in accordance with the AA, additional Text Requirements will be added to the allocation permit, which upon the effective date of the permit renewal will replace the conditions of the DRBC docket.

The diversion is in the Pinelands and is subject to the requirements of the Pinelands Commission.

10. A site inspection was not conducted at this time due to travel restrictions implemented by the Governor of New Jersey due to public health concerns from the COVID-19 pandemic.

11. Flow meters for all diversion sources have been calibrated within the past five years. The most recent date of calibration is 8/11/2020.

12. The following wells have been decommissioned:

Well Name or Designation

Well Permit No.

Depth

(feet)

Status

1 Unknown 83 Decommissioned

2 Unknown 84 Decommissioned

3 Unknown 75 Decommissioned

2R 3200000925 95 Decommissioned

23R 3200001315 87 Decommissioned

3 3200006083 117 Decommissioned

5 E201211603 100 Decommissioned

6 E201211604 100 Decommissioned

13. The applicant is currently in compliance with all permit conditions.

14. Water, after use, is discharged to the New Lisbon Development Center Wastewater Treatment Plant for treatment and used for field irrigation under Permit No. NJ0070955. The treatment works are not under a sewer connection ban or other restriction imposed by NJDEP.

15. The system is metered at the source. The system has no individual service meters.

16. The water system has storage capacity of 0.3 MG, as compared with a 2021 average water demand of

0.1 MGD.

17. The applicant submitted a Water Conservation Plan on July 28, 2020 with the renewal application.

18. Water for sanitary and potable purposes at the site is supplied by applicant’s onsite wells

19. The Bureau estimated consumptive use of water to be about 50 percent, which is equivalent to 0.129

MGD. Treated wastewater, according to the Facility’s Licensed Operator, is discharged into a lagoon from where it is used for irrigation. Water is lost to evaporation in the lagoon and evapotranspiration from the irrigation.

Staff Analysis/Conclusions

1. The applicant’s current water use is reasonable.

2. The applicant’s current allocation is adequate to meet their future demands. Demand projections provided by the applicant indicate that their ten-year average demands will be 2.864 MGM, and

34.386 MGY with a ten-year peak monthly demand of 4.78 MGM. Analysis of this in conjunction with historical water use shows that the existing monthly and annual allocation limits of 8 MGM and 80 MGY should be sufficient to meet their current and projected needs.

3. Natural replenishment of ground water is probably occurring because there has been significant upward change in the water level in over 50 years of diversion at the site. The applicant should continue to monitor and report static water levels.

4. No adverse impacts have been reported to the Department regarding the applicant’s diversion sources.

5. Elevated chloride concentrations are not a consideration in the Kirkwood-Cohansey aquifer at this location.

Saltwater intrusion is not expected to occur because the applicant’s diversion sources are completed in a surficial aquifer that is not in proximity to a source of salt.

6. No changes in diversion rates are proposed and no problems with groundwater contamination associated with the diversion have been reported to the Bureau.

7. Based upon the recommendations of DRBC staff, when the diversion is operated in accordance with the provisions and conditions recommended for this permit, the diversion should not substantially impair or conflict with the DRBC’s Comprehensive Plan.

8. As the diversion is in the Delaware River Basin, the applicant is subject to DRBC reporting requirements.

9. Since this application includes diversion sources in the Delaware River Basin, the applicant may be subject to applicable DRBC regulatory program fees, in accordance with duly adopted DRBC resolutions and/or regulations.

Summary

The Department has completed its review of this application pursuant to N.J.A.C. 7:19-1 et. seq. The review of this application reveals that it does not have any adverse impacts and meets, based upon the information certified to in the application, the statutory requirements of N.J.S.A. 58:1A-1 et. seq.

Therefore, based upon a review of the information submitted with the application, and the existing water allocation files, the following conclusions have been reached regarding this application:

The applicant should contact the DRBC to determine what DRBC fees are applicable to the diversion.

The applicant’s current maximum diversion rate of 700 GPM should be renewed

The applicant’s current monthly and annual allocation limits of 8 MGM and 80 MGY should be renewed.

Monitoring and reporting of static water levels from the applicant’s diversion sources should continue.

This application should be approved in accordance with the attached Permit Requirements as the applicant has satisfied the requirements of N.J.A.C. 7:19-2.4 et seq.

References

In addition to the historical information on file at the Bureau of Water Allocation & Well Permitting and the application submitted, the following information sources were also utilized to establish the recommendations contained within this Staff Report:

Zapecza, Otto S. 1989. The Hydrogeologic Framework of the New Jersey Coastal Plain. U.S. Geological

Survey Professional Paper 1404-B. Washington, D.C. United States Government Printing Office.

March 1, 2001. The New Jersey State Development and Redevelopment Plan. New Jersey State Planning

Commission, Trenton, New Jersey.

New Jersey Department of Environmental Protection, 2017, New Jersey Water Supply Plan 2017-2022:

484p, http://www.nj.gov/dep/watersupply/wsp.html

Recommendations

Issuance of the permit is recommended with an expiration date of 10 years from the effective date and is subject to the attached permit requirements:

Date: December 7, 2022 Akinsanya Ode, Environmental Specialist 3 Bureau of Water Allocation & Well Permitting

Water Allocation Permit : WAP210001

2362P

NEW LISBON DEVELOPMENTAL CTR

Description

Water Diversion Sources - Water may be diverted under this permit from the following sources:

Source Designation (Well Permit No. or Intake No.)

Subject Item ID

WELL 43200000429 WSWL0000068096

WELL 13200008580 WSWL0000068168

WELL 23200008688 WSWL0000068170

Permit Inventory

Group Designation

The following items are grouped sources for the purpose of setting permitGroup Subject Items -requirements outlined in this document:

Group Subject Item ID

Group MembersGroup Description

NEW LISBON

DEVELOPMENTAL CTR

KIRKWOOD-COHANSEY AQUIFER

SOURCES, WELLS 1, 2 & 4 (WARG913352)

WSWA00000730752362P WA PERMIT - ALL

DIVERSION SOURCES

KIRKWOOD-COHANSEY

AQUIFER SOURCES

3200000429, WELL 4 (WSWL068096)WARG0000913352WELLS 1, 2 & 4

3200008580, WELL 1 (WSWL068168)

3200008688, WELL 2 (WSWL068170)

Inventory -- Page 1 of 1

NEW LISBON DEVELOPMENTAL CTR

Permit Requirements

The following limits apply and are the maximum permitted allocation:

Limit Requirements

Final Permit Phase from 01/01/2023 -

LimitParameterSubject Item

Maximum Diversion RateNEW LISBON

DEVELOPMENTAL CTR, 2362P

WA PERMIT - ALL DIVERSION

SOURCES

(WSWA73075)

<= 700 Gallons Per Minute. [N.J.A.C. 7:19- 2]

Water Diverted <= 8 Million Gallons Per Month. [N.J.A.C. 7:19- 2]

<= 80 Million Gallons Per Year. [N.J.A.C. 7:19- 2]

Other Limit Requirements

Final Permit Phase from 01/01/2023 -

LimitSubject Item Parameter

<= 200 Gallons Per Minute. [N.J.A.C. 7:19- 2]3200000429, WELL 4

(WSWL68096)

Rated Pump Capacity

<= 250 Gallons Per Minute. [N.J.A.C. 7:19- 2]3200008580, WELL 1

(WSWL68168)

Rated Pump Capacity

<= 250 Gallons Per Minute. [N.J.A.C. 7:19- 2]3200008688, WELL 2

(WSWL68170)

Rated Pump Capacity

Monitoring Requirements

Subject Item

Final Permit Phase from 01/01/2023 -

Monitored Parameter

Monitoring Method

FrequencyRequirement

3200000429, WELL 4

(WSWL68096)

Water Diverted

MeterEach MonthThe monthly diversion from each source indicated shall be monitored. [N.J.A.C. 7:19- 2]

3200008580, WELL 1

(WSWL68168)

The monthly diversion from each source indicated shall be monitored. [N.J.A.C. 7:19- 2]

3200008688, WELL 2

(WSWL68170)

The monthly diversion from each source indicated shall be monitored. [N.J.A.C. 7:19- 2]

3200000429, WELL 4

(WSWL68096)

Static Water Level

Airline, Tape, Gage, or Transducer

Quarterly in Mar; June;

Sept; Dec

Static water levels for each well indicated shall be monitored. [N.J.A.C. 7:19- 2]

3200008580, WELL 1

(WSWL68168)

Static water levels for each well indicated shall be monitored. [N.J.A.C. 7:19- 2]

Requirements -- Page 1 of 5

NEW LISBON DEVELOPMENTAL CTR

Monitoring Requirements

Subject Item

Final Permit Phase from 01/01/2023 -

Monitored Parameter

Monitoring Method

FrequencyRequirement

3200008688, WELL 2

(WSWL68170)

Static Water Level

Airline, Tape, Gage, or Transducer

Quarterly in Mar; June;

Sept; Dec

Static water levels for each well indicated shall be monitored. [N.J.A.C. 7:19- 2]

Record Keeping Requirements

Subject Item

Final Permit Phase from 01/01/2023 -

Monitored Parameter

Record Keeping Method

FrequencyRequirement

NEW LISBON

DEVELOPMENTAL CTR, 2362P

WA PERMIT - ALL DIVERSION

SOURCES

(WSWA73075)

Meter Reading

Log BookEach MonthA log book of month end meter readings for each diversion source shall be maintained on site.

[N.J.A.C. 7:19- 2]

Submittal/Action Requirements

Final Permit Phase from 01/01/2023 -

Applicable Subject Items

Submittal/Action Type

Requirement

3200000429, WELL 4

(WSWL68096)

Submit Public Quarterly Report

The required monitoring results shall be recorded on the form provided by the Department. The completed form shall be submitted within 30 days after the end of each quarter. [N.J.A.C. 7:19- 2]

3200008580, WELL 1

(WSWL68168)

3200008688, WELL 2

(WSWL68170)

NEW LISBON

DEVELOPMENTAL CTR, 2362P

WA PERMIT - ALL DIVERSION

SOURCES

(WSWA73075)

Submit Water Conservation and Drought Management Plan

The permittee shall continue to implement, to the satisfaction of the Department, a water conservation and drought management program. The program shall encourage water conservation in all types of use within the area served by the permittee, including actions taken pursuant to this program and the impact thereof. An update to the water conservation and drought management plan shall be submitted Submit according to the following schedule: on or before June 30, 2023 and every other year thereafter.

[N.J.A.C. 7:19- 2]

Requirements -- Page 2 of 5

NEW LISBON DEVELOPMENTAL CTR

Submittal/Action Requirements

Final Permit Phase from 01/01/2023 -

Applicable Subject Items

Submittal/Action Type

Requirement

NEW LISBON

DEVELOPMENTAL CTR, 2362P

WA PERMIT - ALL DIVERSION

SOURCES

(WSWA73075)

Submit Renewal Application

A renewal application shall be submitted three months prior to the expiration date. [N.J.A.C. 7:19- 2]

Text Requirements

All Phases

NEW LISBON DEVELOPMENTAL CTR, 2362P WA PERMIT - ALL DIVERSION SOURCES (WSWA73075)

1. Water may be diverted under this renewed permit for public community supply. [N.J.A.C. 7:19- 2]

2. Water may be diverted under this permit only from the approved diversion sources at the maximum rates specified.

[N.J.A.C. 7:19- 1]

3. A major modification of this permit may be required in order to request the approval of any additional diversion sources or an increase in the pumping capacity. [N.J.A.C. 7:19- 2]

4. All diversion sources shall be metered with a totalizing flow meter. [N.J.A.C. 7:19- 2]

5. At a minimum, each diversion source flow meter shall be calibrated at least once every five years. [N.J.A.C. 7:19- 2]

6. Each flow meter shall be calibrated to within five percent accuracy. [N.J.A.C. 7:19- 2]

7. All wells shall be equipped with a metal tag showing the well permit numbers (source designation) as listed in the allocation permit inventory or have the well permit numbers painted on the casings. [N.J.A.C. 7:19- 2]

8. The pumping equipment capacity shall not be increased without prior approval from the Bureau of Water Allocation and Well Permitting. [N.J.A.C. 7:19- 1]

9. Any well not intended for use shall be decommissioned in accordance with N.J.A.C. 7:9D-3.1 et seq. [N.J.A.C. 7: 9D- 3]

10. Static water level shall be measured and reported as depth to water, in feet, from ground surface. [N.J.A.C. 7:19- 2]

11. For pumping wells, static water level (depth to water) shall be taken when the well pump has been shut down for a recovery period of at least 12 hours. If the well cannot be shut down for the required period, it must be noted on an addendum to the Quarterly Monitoring Report form. Please note on the addendum the number of hours the well was shut down or that the reading is a pumping level. [N.J.A.C. 7:19- 2]

12. All new services shall be metered in accordance with all applicable laws, regulations or codes including, but not limited to, the Water Supply Management Act and the Delaware River Basin Commission Rules. [N.J.A.C. 7:19- 6]

13. All existing services shall be metered. [N.J.A.C. 7:19- 6]

14. Water charges for each service connection shall be based in part on metered usage. [N.J.A.C. 7:19- 6]

15. The monthly quantity of water transferred and delivered to/received from interconnections shall be reported as part of the water system monitoring on separate forms provided by the Department. [N.J.A.C. 7:19- 2]

16. The Department may modify, suspend or terminate this permit, after due process, for violations of permit conditions, N.J.S.A. 58:1A-1, N.J.A.C. 7:19-1 et seq., any orders issued by the Department, or when in the public interest. [N.J.A.C.

7:19- 2]

Requirements -- Page 3 of 5

NEW LISBON DEVELOPMENTAL CTR

Text Requirements

All Phases

NEW LISBON DEVELOPMENTAL CTR, 2362P WA PERMIT - ALL DIVERSION SOURCES (WSWA73075)

17. The permittee shall investigate to the Department's satisfaction complaints by users of wells or surface water supplies within the zone of influence of its diversion to determine what impact the diversion has had on such wells or surface water supplies.

A report on these investigations shall be forwarded to the Bureau of Water Allocation and Well Permitting. Any well or surface water supply which becomes damaged, dry, has reduced capacity, reduced water quality or is otherwise rendered unusable as a water source as a result of the permittee's diversions shall be repaired or replaced at the expense of the permittee. Work shall be in accordance with all State, County and Municipal construction standards for potable water.

After reviewing all applicable investigational reports the Department of Environmental Protection will make the final determination regarding the validity of such complaints, the scope or sufficiency of such investigations, and will determine how to resolve any problems resulting from the diversion. [N.J.A.C. 7:19- 2]

18. This permit is issued for a limited period, and is not subject to automatic renewal. [N.J.A.C. 7:19- 2]

19. The permittee shall be subject to such requirements as may be necessary pursuant to N.J.A.C. 7:19-8.1 et seq. [N.J.A.C.

7:19- 8]

20. The permittee is subject to such fees as may be prescribed by the regulations. [N.J.A.C. 7:19- 3]

21. The permittee shall have the right to apply at any time for modification of this permit by submission of the appropriate application forms. [N.J.A.C. 7:19- 2]

22. The permittee may informally discuss the terms and conditions of this permit at any time with the Bureau of Water Allocation and Well Permitting. [N.J.A.C. 7:19- 2]

23. Approval of this application is subject to the granting of any approval which may be required by the Pinelands Commission.

[N.J.S.A. 58: 1A-15.1]

24. Based upon the written recommendation of the Delaware River Basin Commission (DRBC), when the water withdrawal is operated in accordance with the provisions and conditions established by this permit, then with respect to the water withdrawal, the project does not substantially impair or conflict with the DRBC’s Comprehensive Plan (DRBC Compact § 3.8). [DRBC Resolution No. 2015-9]

25. In accordance with DRBC Resolution No. 2009-1 and Section 2.1.8 of the Water Code, the permittee shall implement an annual calendar year water audit program conforming to IWA/AWWA Water Audit Methodology (AWWA Water Loss Control Committee (WLCC) Water Audit Software) and corresponding guidance. Water audits shall be submitted annually to the Commission by March 31. [DRBC Resolution No. 2015-9]

26. The permittee shall be subject to applicable DRBC regulatory program fees, in accordance with duly adopted DRBC resolutions and/or regulations. [DRBC Resolution No. 2015-9]

27. The permittee shall obtain approval from the Bureau of Water System Engineering before using the diversion for public water supply. [N.J.A.C. 7:19- 2]

28. In addition to the specific management requirements cited above, and when so directed by the Department, the permittee shall comply with applicable portions of the Water Supply Management Rules (N.J.A.C. 7:19-6 et seq. and N.J.A.C. 7:19-8 et seq.) to include the determination of dependable yield; unaccounted-for water; rehabilitation; system pressure and storage; interconnections; and operation of interconnections. [N.J.A.C. 7:19- 6]

29. If the permittee violates any condition of this permit, the permittee is subject to administrative penalties up to $25,000 per day per offense as specified. [N.J.S.A. 58: 1A-16]

30. If the permittee exceeds the annual allocation limits as specified in this permit, Administrative penalties up to $25,000 per day per offense may be assessed. Such charge shall not apply if the diversion had been requested of and determined by the Department to be an extraordinary demand or where the permittee has been ordered to divert more water by action or order of the Department. [N.J.S.A. 58: 1A-16]

31. The issuance of this permit shall not be deemed to affect in any way action by the Department of Environmental Protection of the State of New Jersey on any future application. [N.J.A.C. 7:19- 2]

32. No change in plans or specifications shall be made except with the prior written permission of the Department of Environmental Protection of the State of New Jersey. [N.J.A.C. 7:19- 2]

Requirements -- Page 4 of 5

NEW LISBON DEVELOPMENTAL CTR

Text Requirements

All Phases

NEW LISBON DEVELOPMENTAL CTR, 2362P WA PERMIT - ALL DIVERSION SOURCES (WSWA73075)

33. The granting of this permit shall not be construed to in any way affect the title or ownership of property, and shall not make the Department of Environmental Protection or the State a party in any suit or question of ownership of property. [N.J.A.C.

7:19- 2]

34. This permit does not waive the obtaining of Federal or other State or local government consent when necessary. This permit is not valid and no work shall be undertaken until such time as all other required approvals and permits have been obtained.

[N.J.A.C. 7:19- 2]

35. A copy of this permit shall be kept at the facility site, and shall be exhibited upon request of any authorized Department representative. [N.J.A.C. 7:19- 2]

36. The Department has the right to enter and inspect any site, building, or equipment, or any portion thereof, owned or operated by the permittee, at any time, in order to ascertain compliance or noncompliance with N.J.S.A. 58:1A-1 et seq., 58:4A-4.1 et seq., 58:12A-1 et seq., these rules, or any other agreement or order issued or entered into pursuant thereto.

Such right shall include, but not be limited to, the right to require the testing of any equipment at the facility, to sketch or photograph any portion of the site, building or equipment, to copy or photograph any document or records necessary to determine such compliance or noncompliance, and to interview any employees or representative of the owner, operator, or permittee. Such right shall be absolute and shall not be conditioned upon any action by the Department, except the presentation of appropriate credentials as requested and compliance with appropriate standard safety procedures. [N.J.A.C.

7:19- 2]

37. This permit may be transferred, with the consent of the Department, but only for the identical use of the waters. [N.J.A.C.

7:19- 2]

38. If the authorized diversion privileges are not currently diverted, subject to contract, or reasonably required for a demonstrated future need, they shall revert back to the State upon renewal or modification of the permit. [N.J.A.C. 7:19- 2]

39. The permittee shall protect each source from vandalism, tampering, and contamination at all times. [N.J.A.C. 7:19- 2]

40. This permit shall expire as indicated on the permit approval cover page; however, any action required pursuant to a critical area designation shall take precedence over this expiration date. [N.J.A.C. 7:19- 2]

Requirements -- Page 5 of 5