Water Works 6 - 3/13/03

Application Requirements and Procedures Not Followed

( Water Works episodes 6-12 and 14-21 consist of excerpts from a letter to Hearing Officer Joseph A. Miri, New Jersey Department of Environmental Protection, Water Supply Administration, from Fellow Correspondent. He explains why the NJDEP should deny a permit that would increase the amount of groundwater pumped by the Garden State Growers and Quaker Valley Farms complex, near Quakertown. )

Compliance with NJAC 7:20A and NJAC 7:20A-2.5 lists application requirements and procedures for a new water usage certification. The following items were not located:

7:20A-2.5(a)7(i) – Sufficient information to demonstrate that under standard operating conditions the diversion shall not unduly interfere with other existing diversions.

7:20A-2.5(a)7(ii) – The diversion shall not exceed the natural replenishment or safe yield of a water resource or threaten to exhaust the water resource or render it unfit for use.

7:20A-2.5(a)7(iii) – The groundwater diversion shall not spread groundwater contamination and shall not interfere with any groundwater remediation plan or activity. (Specifically, the Quaker Hills gasoline problem west of Quakertown has not been addressed.)

7:20A-2.5(a)7(iv) – The diversion shall not reduce the dry season flow or level of a river, stream, lake or pond so as to adversely affect sanitary conditions downstream, or otherwise unduly injure public or private interest, including the maintenance of fish life.

7:20A-2.5(b) – (A portion of the USGS Quadrangle map or county road map with the well locations was found in the HN0005 application, but no update was found in the HN0017 application.)

7:20A-2.5(g)2 – Notify, in writing, the governing bodies of all municipalities and counties and water supply allocation permit holders and water usage certifications holders within a one-mile radius of the proposed diversion. (Copies of notification letters not found in file.)

As a separate comment: the July 3, 2002 Rutgers Cooperative Extension application cover letter states that the original notification in April, 2002 for this permit did not draw any comment from the public. I called the BWA (Bureau of Water Allocation) and was informed that the application was not yet complete. Therefore, I did not prepare a comment letter at that time. Several people in the township called me on this notice and I told them the notice was premature based on my discussion with BWA.

I would also like to note that the application process for HN0005 should be reviewed again. I found the public notice for this application in the NJDEP file (Attachment 1). The notice for this permit was advertised in a Pennsylvania newspaper, the Easton Express-Times. This does not appear to follow NJAC 7:20A-2.5(h). Is this a proper notification, or was the public prevented from fully commenting on this permit?