reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 10 - ENVIRONMENTAL ASSESSMENT REQUIREMENTS FOR STATE ASSISTED ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Section 7:22-10.6 - Level 3 environmental review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may determine that a Level 3 environmental review is required pursuant to 7:22-10.3, 10.5(c), or as a result of significant adverse comment received during the preplanning or planning period or in response to the Department's issuance of a Level 1 or Level 2 decision statement.
(b) Additionally, the Department will require a Level 3 review when any of the following conditions are present:
1. The proposed project is expected to have significant adverse effects on the pattern and type of land use or growth and distribution of population in the project area;
2. Construction of the proposed project is expected to directly displace a significant amount of population or have a significant adverse effect on a residential area;
3. The proposed project is expected to directly or indirectly conflict significantly with Federal, State, regional, or local land use plans or policies;
4. The proposed project is expected to have significant adverse effects on environmentally critical areas either directly or indirectly or as the result of cumulative effects with other related projects; or
5. The proposed project may directly or indirectly have a significant adverse effect upon local ambient air quality, local ambient noise levels, surface water or groundwater quality or quantity, water supply, fish, shellfish, wildlife or their natural habitats.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 10 - ENVIRONMENTAL ASSESSMENT REQUIREMENTS FOR STATE ASSISTED ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Section 7:22-10.7 - Re-evaluation of environmental decision statements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to loan award, the project sponsor shall certify in writing that the project submitted in the design phase, or for which authorization to advertise or authorization to award is requested, is the same as that which was described in the environmental decision statement and approved in the planning phase and includes all mitigating measures developed for the project in the planning or design phase. If this certification cannot be made, then the project sponsor shall describe the proposed project modifications, the reason for the changes, and the costs and environmental impacts of the revised project. Project modifications that may be included from the time of planning approval through construction of the project that require notification by the project sponsor to the Department include, but are not limited to, changes in facility location, size, capacity or type and changes in the depth or limits of construction disturbance. The Department may request additional information or additional public participation regarding the proposed modifications. On the basis of the information available, the Department will determine if there is a need to issue a revised environmental decision statement or elevate the project to a Level 2 or Level 3 environmental review and proceed accordingly.
(b) Where five or more years have elapsed between the issuance of a Level 1, 2, or 3 environmental decision statement and the proposed award of financial assistance, and where the Department determines that there are no significant changes in the proposed project or its impact based on the certification made according to (a) above, then the Department will issue a public notice to the persons on a mailing list developed in accordance with 7:22-10.10(c)  stating that the Department intends to proceed with an award of financial assistance for the previously approved project.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 10 - ENVIRONMENTAL ASSESSMENT REQUIREMENTS FOR STATE ASSISTED ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Section 7:22-10.8 - Cultural resource survey requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Based upon the preplanning summary prepared in accordance with 7:22-10.3, or other information available, the Department will make a preliminary determination regarding the need for and scope of a cultural resource survey. Factors that will affect this preliminary evaluation include:
1. The type and extent of the activity under consideration, particularly the nature of the physical disturbance that may be associated with the proposed undertaking;
2. The environmental characteristics of the planning area; and
3. If known, the likelihood of cultural resource material being present in the planning area.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 10 - ENVIRONMENTAL ASSESSMENT REQUIREMENTS FOR STATE ASSISTED ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Section 7:22-10.9 - Environmental coordination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The project sponsor shall consult, coordinate with, or apply to those agencies responsible for issuing permits or which have planning and/or other jurisdiction regarding environmental concerns with respect to the proposed project and its impacts. Those agencies include, but are not limited to, the agencies responsible for administering the following:
1. New Jersey Wetlands Act, 13:9A-1 et seq.;
2. New Jersey Freshwater Wetlands Protection Act, 13:9B-1 et seq.;
3. Flood Hazard Area Control Act, 58:16A-50;
4. Wild and Scenic Rivers Act, 13:8-45 et seq.;
5. Endangered and Nongame Species Conservation Act, 23:2A-1 et seq.;
6. Coastal Area Facility Review Act, 13:19-1 et seq.;
7. Pinelands Protection Act, 13:18A-1 et seq.;
8. Archeological and Historic Preservation Act of 1974, 16 U.S.C. §§
											469 et seq.;
9. Clean Air Act, 42 U.S.C. §§
											7401 et seq.;
10. Coastal Barrier Resources Act, 16 U.S.C. §§
											3501 et seq.;
11. Coastal Zone Management Act of 1972, 16 U.S.C. §§
											1451 et seq., as amended;
12. Endangered Species Act, 16 U.S.C. §§
											1531, et seq.;
13. Federal Executive Order No. 11593, (1971), Protection and Enhancement of the Cultural Environment.
14. Federal Executive Order No. 11988, (1977), Floodplain Management.
15. Federal Executive Order No. 11990, (1977), Protection of Wetlands;
16. Farmland Protection Policy Act, 7 U.S.C. §§
											4201 et seq.;
17. Fish and Wildlife Coordination Act, 16 U.S.C. §§
											661 et seq. as amended;
18. National Historic Preservation Act of 1966, 16 U.S.C. §§
											470 et seq. as amended;
19. Safe Drinking Water Act, 42 U.S.C. §
											300(h) as amended;
20. Wild and Scenic Rivers Act, 16 U.S.C. §§
											1271 et seq. as amended;
21. Historic Sites Act, 16 U.S.C. §§
											461 et seq.;
22. Endangered Plant Species List Act, N.J.S.A. 13:1B-151 et seq.;
23. State Development and Redevelopment Plan, adopted pursuant to the New Jersey State Planning Act, 52:18A-196 et seq.;
24. Solid Waste Management Act, 13:1E-1 et seq.;
25. New Jersey Green Acres Land Acquisition Act, 13:8A-1 et seq.;
26. Highland Water Protection and Preservation Act, 13:20-1 et seq.;
27. Water Pollution Control Act, 58:10A-1 et seq.;
28. Water Quality Planning Act, 58:11A-1 to 16; and
29. Native American Graves Protection and Repatriation Act of 1990, 25 U.S.C. §§
											3001 et seq., as amended.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 10 - ENVIRONMENTAL ASSESSMENT REQUIREMENTS FOR STATE ASSISTED ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Section 7:22-10.10 - Public participation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The project sponsor shall inform the affected public regarding the intent to develop and implement an environmental infrastructure project and shall solicit input from the affected public prior to selection of the alternative which will become the proposed project. The project sponsor is encouraged to utilize appropriate public participation mechanisms, which shall include, but are not limited to, notices, newsletters, citizens advisory groups, public meetings, and public hearings to solicit comments. The minimum requirements for public participation at each level of environmental review are specified in 7:22-10.4, 10.5 and 10.6.
(b) Where a public hearing is required, a public hearing shall be noticed and documented by the project sponsor in the following manner:
1. A public notice shall be prepared by the project sponsor and submitted to the Department for approval prior to its publication. The advertisement shall include a brief description of the proposed project, its location and costs. The time, date and place of the public hearing must provide the affected public with an opportunity to attend and fully participate. A retail or display advertisement located in the body of the newspaper noting the date, time, place and subject of the hearing shall be published at least 30 days in advance of the hearing. The advertisement shall indicate repositories where planning documentation prepared for the project will be available for public review. The advertisement shall be placed in a newspaper of general circulation in the project planning area for a Level 2 review, and in at least two newspapers Statewide for a Level 3 review.
2. A verbatim transcript or detailed minutes shall be prepared of the proceedings. The transcript or minutes, any written comments received on the proposed project, and a summary of significant public comments along with the response to the comments, shall be submitted by the project sponsor to the Department as part of the planning documentation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 10 - ENVIRONMENTAL ASSESSMENT REQUIREMENTS FOR STATE ASSISTED ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Section 7:22-10.11 - Design requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The project sponsor shall prepare design plans and specifications which conform to the project alternative selected and approved in planning pursuant to the provisions of 7:22-10.4, 10.5 or 10.6 and which include mitigating measures developed during planning and incorporated in the approved planning documentation. In addition, the design plans and specifications shall conform to the minimum standards for each area of concern which is applicable to the proposed project as set forth below. All activities which are a part of the comprehensive environmental infrastructure project(s) for the planning area must conform to the requirements of this section, regardless of the eligibility of individual components of the project.
1. Any design revisions of the project which differ from the project as approved during planning shall be specifically identified.
2. Where any on-going environmental protection measures will be the responsibility of the project sponsor, the project sponsor shall submit a letter prior to loan award specifying that it will adhere to the scope of work approved by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 10 - ENVIRONMENTAL ASSESSMENT REQUIREMENTS FOR STATE ASSISTED ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Section 7:22-10.12 - Construction phase requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The project sponsor must employ one, or more if warranted by the scope of the project, environmental inspector(s) to ensure that the requirements of the specifications relating to environmental and cultural resource protection and restoration are effectively carried out. Individuals designated as environmental inspectors by the project sponsor must possess, at a minimum, the education/experience qualifications of an Environmental Specialist employed with the Department. The Department will also conduct environmental inspections to oversee the conduct of the protection/restoration measures. Responsibilities of the project sponsor's environmental inspector(s) include the following:
1. Daily inspections of active work areas and periodic inspection of maintenance or restoration areas sufficient to ensure performance of protection measures in accordance with contract documents.
2. The maintenance of a daily job diary in which they shall record the progress of the work and of any problems encountered. The environmental inspectors shall notify the contractor in writing immediately upon noticing that environmental specifications are not being met.
3. At frequent intervals during construction, the recipient, the resident engineer, the environmental inspectors and the Department inspectors shall meet to review progress and to resolve difficulties that might result in unnecessary delays in the work. The Department shall notify the recipient if deficiencies are not immediately corrected. The recipient shall then direct compliance with environmental requirements.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 7:24A-1.1 - Scope and construction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following constitute the rules governing loans to assist local government units, private lake associations or similar organizations, and owners of private dams for dam restoration and inland waters projects pursuant to the Green Acres, Clean Water, Farmland and Historic Preservation Bond Act of 1992, P.L. 1992, c. 88 and dam restoration projects pursuant to the Dam, Lake, Stream, Flood Control, Water Resources, and Wastewater Treatment Project Bond Act of 2003, P.L 2003, c. 162. These rules prescribe the procedures, minimum standards for the conduct of borrowers, and standards for obtaining loans.
(b) These rules shall be liberally construed to permit the Department to effectuate the purposes of the Act.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 7:24A-1.2 - Purposes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules are promulgated for the following purposes:
1. To implement the purposes and objectives of the Green Acres, Clean Water, Farmland and Historic Preservation Bond Act of 1992, P.L. 1992, c. 88 and the Dam, Lake, Stream, Flood Control, Water Resources, and Wastewater Treatment Project Bond Act of 2003, P.L. 2003, c. 162;
2. To establish policies and procedures for the administration of funds appropriated pursuant to the Act for the purpose of making loans for dam restoration and inland waters projects;
3. To protect the public and the State of New Jersey by ensuring that funds appropriated are spent in a proper manner and for the intended purposes;
4. To ensure that the distribution and use of funds is consistent with the laws and policies of the State of New Jersey;
5. To establish minimum standards of conduct to prevent conflicts of interest and ensure proper administration of loans; and
6. To establish accounting procedures for the administration of loans.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 7:24A-1.3 - Project eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any local government unit with a proposed dam restoration or inland waters project as defined in 7:24A-1.7 is eligible to apply for loan under this chapter. Any private lake association or similar organization or any owner of a private dam with a proposed project is eligible to apply for loan as a co-applicant with a local government unit.
(b) To be eligible for a loan in any loan period, a proposed dam restoration or inland waters project, as defined in 7:24A-1.7, must satisfy the following criteria:
1. The proposed design of a dam restoration project must meet all requirements of the Dam Safety Standards, N.J.A.C. 7:20, including the development of an Operation and Maintenance Manual and Emergency Action Plan. The Operation and Maintenance Manual and Emergency Action Plan are not required to be completed at the time of application but must be completed as a condition of the loan award agreement;
2. A dredging or lake restoration project at a site where the dam impounding the lake is not in compliance with the Dam Safety Standards, N.J.A.C. 7:20, shall not be eligible unless the Department has awarded a loan for dam restoration pursuant to this chapter or the applicant provides with its application proof of other funding dedicated to the necessary dam repairs;
3. The project shall be an independent and complete project;
4. The project shall not be excessively expensive; and
5. The project shall not conflict with any other State projects.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 7:24A-1.4 - Project phases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The application phase of a dam restoration or inland waters project shall consist of the following:
1. Pre-application conference;
2. Application submittal;
3. Review of application;
4. Priority ranking of project; and
5. Notice of qualification.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 7:24A-1.5 - Legislative appropriations

Current through Register Vol. 56, No. 14, July 15, 2024
Funding of loans shall be conditioned upon the appropriation by the legislature of funds from the 1992 Dam Restoration and Clean Water Trust Fund pursuant to the Green Acres, Clean Water, Farmland and Historic Preservation Bond Act of 1992, P.L. 1992, c. 88, the 2003 Dam, Lake and Stream Project Revolving Loan Fund pursuant to the Dam, Lake, Stream, Flood Control, Water Resources, and Wastewater Treatment Project Bond Act of 2003, P.L. 2003, c. 162, and subsequent bond acts.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 7:24A-1.6 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any section, subsection, provision, clause or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of these rules shall not be affected thereby.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 2 - PROJECT APPLICATION PHASE › Section 7:24A-2.1 - Pre-application procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each applicant shall request a pre-application conference prior to making a formal application for a loan. During the conference, the Department shall identify and explain all loan application procedures and requirements. The Department shall also identify and answer questions concerning other Departmental permits the applicant must obtain prior to being awarded a loan. Neither written nor oral statements made during the pre-application conference shall bind the Department. The Department may waive the pre-application conference at its discretion.
(b) Questions concerning the dam restoration and inland waters projects loan program and requests for a pre-application conference may be directed to:
New Jersey Department of Environmental Protection
Division of Dam Safety and Flood Control
501 E. State Street
Mail Code 501-01A
PO Box 420
Trenton, NJ 08625-0420
(609) 984-0859
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 2 - PROJECT APPLICATION PHASE › Section 7:24A-2.2 - Application procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To apply for a dam restoration or inland waters project loan, the applicant shall submit the following:
1. A completed loan application on the form available from the Department which shall include the information specified in (a)2 through 13 below;
2. A description of the applicant's plans to repay the loan and pay any other expenses necessary to fully complete and implement the project and the steps the applicant has taken or will be taking to implement this plan;
3. Evidence that all Federal, State, regional and local agencies with jurisdiction over the project have been notified of the project, including, but not limited to, the appropriate municipal planning board and environmental commission and county planning board and environmental commission;
4. Evidence that all required permits have been obtained or that steps have been taken to initiate the permit review process for the required permits in order to demonstrate that the requirements of 7:24A-3.2(c)  can be met;
5. An explanation of the need for the project and a discussion of alternatives to the proposed project;
6. A statement explaining how the loan will accomplish the goal set out in the application;
7. A proposed construction schedule for the project;
8. Details of proposed financial arrangements for construction of the project;
9. All other forms, supplementary materials, agreements and subagreements which the Department may require as determined in the pre-application conference required pursuant to 7:24A-2.1(a);
10. An estimate of construction costs by unit price for the project. Estimated costs for labor, equipment, materials, supplies, overhead and contractors' and consultants' profit margins with supporting background and summary sheets as may be requested by the Department to substantiate the estimate of unit costs. Total project costs and those project costs that the applicant anticipates will be allowable project costs must be separately summarized;
11. A brief description of the environmental impact of the proposed project, including the environmental impact of the proposed project on water quality, plant and animal life, project site land characteristics, historical sites and other pertinent environmental factors;
12. Proof of the applicant's ownership of the real property on which the project is located, or the capability (right of eminent domain, conditional contract for property acquisition, easement or property owner's permission) to use that property for undertaking the project; and
13. All documentation and other information as the Department may require to adequately determine the applicant's priority point total pursuant to 7:24A-5.1.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 2 - PROJECT APPLICATION PHASE › Section 7:24A-2.3 - Allowable project costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Project costs shall be allowed to the extent permitted under this chapter and the loan award agreement. Allowable project costs shall be those costs set forth below:
1. For a dam restoration project:
i. All items deemed by the Department to be necessary or useful and convenient in connection with a dam restoration project;
ii. Execution of any agreements and franchises deemed by the Commissioner to be useful and convenient in connection with a dam restoration project;
iii. Procurement or provision of engineering, inspection, relocation, legal, financial, planning, geological, hydrological and other professional services, estimates and advice; and
iv. Organizational, administrative and other work and services, including salaries, equipment and materials necessary to comply with the applicable provisions of this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 2 - PROJECT APPLICATION PHASE › Section 7:24A-2.4 - Use and disclosure of information

Current through Register Vol. 56, No. 14, July 15, 2024
Any loan application, pre-application, or other submittal, when received by the Department, constitutes a public record. The Department shall make such records available to persons who request them to the extent allowed by State and Federal law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 2 - PROJECT APPLICATION PHASE › Section 7:24A-2.5 - Application review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall review each application according to the following protocol:
1. Administrative review to determine the completeness of the application;
2. Project, technical, scientific and environmental review to determine the merit and relevance of the project to the Department's program objectives;
3. Budget review to determine whether proposed project costs are allowable, reasonable, and applicable; and
4. Eligibility determination.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 2 - PROJECT APPLICATION PHASE › Section 7:24A-2.6 - Approval or disapproval of application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon completion of its review of an application, the Department shall take one of the following actions:
1. Request additional information to complete the application;
2. Approve the application for priority ranking and possible loan; or
3. Disapprove the application.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 2 - PROJECT APPLICATION PHASE › Section 7:24A-2.7 - Notice of qualification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall send a notice of qualification to an applicant who has submitted an application approved pursuant to 7:24A-2.5 and 2.6 and ranking high enough on the priority list pursuant to 7:24A-5.1 to be awarded a loan. An applicant who has submitted an application approved pursuant to 7:24A-2.5 and 2.6 but not ranking high enough on the priority list pursuant to 7:24A-5.1 to be awarded a loan shall be so notified by the Department.
(b) Any applicant who receives a notice of qualification but who decides not to proceed with a project shall so notify the Department within 30 days of the date of the notice.
(c) The Department shall award a loan to any applicant who receives a notice of qualification subject to available appropriations, execution of a loan award agreement and submittal of required permits and materials, prepared to the satisfaction of the Department, within six months after the Department issues the notice of qualification or within any extension of the period for such submittals granted pursuant to 7:24A-3.2(c).
(d) An applicant with a project on a priority list who is not awarded a loan in any application period may reapply for a position on any subsequent priority list for a subsequent application period by timely filing a new loan application form and by updating the other application documents required under 7:24A-2.2. The reapplication will be treated as a new application for a loan and will be evaluated in accordance with the requirements of this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 3 - PROJECT DEVELOPMENT PHASE › Section 7:24A-3.1 - Pre-loan conference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each applicant who receives a notice of qualification shall arrange to have a pre-loan conference within 30 days from the date of the notice of qualification and shall submit all materials required pursuant to 7:24A-3.2(a)  to the Department within six months after the date of the notice of qualification or within any extension of the period for materials submittal granted pursuant to 7:24A-3.2(c).
(b) During the pre-loan conference the Department shall identify and explain the submittals required before a loan award agreement can be executed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 3 - PROJECT DEVELOPMENT PHASE › Section 7:24A-3.2 - Required submittals prior to execution of a loan award agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant who receives a notice of qualification shall submit the following materials prepared in accordance with accepted engineering practices, within the time period specified in 7:24A-3.1(a):
1. A complete engineer's report prepared, signed and sealed by a New Jersey-licensed professional engineer experienced in hydrologic, hydraulic, structural and geotechnical engineering. The report shall include, but is not limited to, the engineering assumptions, references, calculations and conclusions relative to the structural, hydrologic and hydraulic design of all elements within the project scope, as well as all information, narrative, data, and computations necessary to support and describe the design developed in such detail as to permit complete understanding of the project design;
2. Plans for the loan project prepared by a New Jersey-licensed professional engineer. Each drawing shall be signed and sealed and shall have a title block giving the name and location of the project, the scale or scales used, date, the name of the engineer and his or her license number. Plans shall show clearly the datum to which elevations shown are referred. The National Geodetic Vertical Datum of 1929 (U.S.G.S.) should be used wherever possible or an equation converting to that datum given. The plans shall clearly reflect and label all existing and proposed features;
3. Construction specifications, including, but not limited to:
i. General provisions, specifying the rights, duties, and responsibilities of the applicant, engineer and builder, and the prescribed order of work;
ii. Technical provisions, describing in detail the work methods, equipment, and materials to be used, the results to be obtained and the project and payment schedule; and
iii. All other provisions, submissions and certifications deemed necessary by the Department;
4. A detailed cost estimate of expenses for the project. The breakdown of the cost estimates shall be by unit price covering estimated labor, equipment, materials, supplies and contractor's overhead and profit. A summary form showing item number, description, estimated quantity, unit, unit price, and estimated amount is required; and
5. A description of the applicant's plan to repay the loan and pay any other expenses necessary to fully complete and implement the project and the steps the applicant has taken or will be taking to implement this plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 3 - PROJECT DEVELOPMENT PHASE › Section 7:24A-3.3 - Execution of a loan award agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall prepare and transmit duplicate copies of the loan award agreement to the applicant.
1. The applicant shall execute such duplicate copies of the loan award agreement and return them within 30 calendar days after the date of the Department's transmittal letter. The Department may, in its discretion, extend the time for execution. The loan award agreement of a local government unit applicant shall be signed by a person authorized by written resolution or ordinance to obligate the applicant to the terms and conditions of the loan award agreement. The loan award agreement shall be signed by, or on behalf of, each co-applicant, if any.
2. The loan award agreement shall set forth the terms and conditions of the loan, including an estimated loan repayment schedule, approved project scope, budget, approved project costs, and the approved commencement and completion dates for the project or major phases thereof.
3. The loan award agreement is deemed to incorporate all requirements, provisions, and information in documents or papers submitted to the Department during the application phase of the project.
4. After the Department has executed the loan award agreement, it shall transmit a copy of the executed loan award agreement to the applicant, and co-applicant, if any.
5. The Department shall not execute the loan award agreement if the applicant is in default on any State loan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 4 - PROJECT IMPLEMENTATION PHASE › Section 7:24A-4.3 - Formal amendments to loan award agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A formal amendment means any written alteration of any term or condition, budget or project scope or construction method or other administrative, technical or financial provision of the loan award agreement.
(b) A formal amendment shall not increase the loan amount. Any increased costs resulting from a formal amendment pursuant to (a) above shall be the sole responsibility of the borrower.
(c) The borrower shall promptly notify the Administrator in writing (certified mail, return receipt requested) of any event or proposed project change which may require a formal amendment, including, but not limited to:
1. Rebudgeting;
2. Any changes in approved technical plans or specifications for a project;
3. Any changes in the approved scope or objective of a project;
4. Any significant, changed conditions at the project site;
5. Any delay in the time for the completion of the project or any major phase thereof;
6. Any changes which may increase or substantially decrease the total cost of a project; and
7. Any changes in personnel identified in the loan award agreement or a reduction in time or effort devoted to the project by such personnel.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 4 - PROJECT IMPLEMENTATION PHASE › Section 7:24A-4.4 - Other changes to loan award agreement

Current through Register Vol. 56, No. 14, July 15, 2024
If the Department determines that a proposed project change does not require a formal amendment to the loan award agreement, the Administrator shall provide the borrower with written approval of such a change.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 4 - PROJECT IMPLEMENTATION PHASE › Section 7:24A-4.5 - Modification of administrative provisions

Current through Register Vol. 56, No. 14, July 15, 2024
The Department may effect a modification of an administrative provision of the loan award agreement by notifying the borrower by letter (certified mail, return receipt requested). Such a modification of an administrative provision may include a change in the designation of key Department personnel, a change in address to which a report is to be transmitted by the borrower, or a change in the payment schedule.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 4 - PROJECT IMPLEMENTATION PHASE › Section 7:24A-4.6 - Loan disbursements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Loan disbursements shall be made only to the local government unit as sole borrower or as co-borrower, unless otherwise indicated in the loan award agreement.
(b) Funds shall be released to the borrower upon completion of the entire project to the satisfaction of the Department, or on an interim basis. If interim disbursements are made, each will be equal to the loan amount corresponding to the percentage of the total project completed. Two percent of each disbursement shall be withheld until the whole project has been completed to the satisfaction of the Department. No disbursement shall be made until the Department receives the necessary information to document project cost. The information shall include all forms and documentation required by the Department as specified in the loan award agreement.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 4 - PROJECT IMPLEMENTATION PHASE › Section 7:24A-4.7 - Unused loan funds

Current through Register Vol. 56, No. 14, July 15, 2024
Unused loan funds for a project for which actual allowed implementation costs are less than the amount appropriated for the loan shall be retained by the State and deposited in the Fund to be applied to other dam restoration and inland waters projects, as appropriate, pursuant to the Act and this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 4 - PROJECT IMPLEMENTATION PHASE › Section 7:24A-4.8 - Assignment

Current through Register Vol. 56, No. 14, July 15, 2024
The right to receive disbursements from the State pursuant to a loan award agreement under this chapter shall not be assigned.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 4 - PROJECT IMPLEMENTATION PHASE › Section 7:24A-4.9 - Publicity and signs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any press release or other public dissemination of information by the borrower concerning the project shall acknowledge State loan support.
(b) A project identification sign, at least eight feet long and four feet high, bearing the emblems of the State and the Department, shall be displayed in a prominent location at each publicly visible project site and facility. The sign shall identify the project, State loan support, and other information as required by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 4 - PROJECT IMPLEMENTATION PHASE › Section 7:24A-4.10 - Access

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The borrower and its contractors and subcontractors shall allow Department personnel and any authorized representative of the Department access to the facilities, premises and records related to the project.
1. Each contract executed by the borrower and its contractors and subcontractors shall contain provisions allowing for such access to any facilities, premises and records related to the project.
2. The borrower shall submit to the Department any documents and information related to the project as requested by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 4 - PROJECT IMPLEMENTATION PHASE › Section 7:24A-4.11 - Fraud and other unlawful or corrupt practices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The borrower shall administer the loan and shall award contracts and subcontracts pursuant to the loan award agreement, free from bribery, graft, and other corrupt practices. The borrower bears primary responsibility for prevention and detection, and shall cooperate in the prosecution of any such conduct.
(b) The borrower shall pursue available judicial and administrative remedies, and take appropriate remedial action with respect to any allegations or evidence of such illegality or corrupt practices. The borrower shall notify the Administrator immediately after such allegation or evidence comes to its attention, and shall periodically advise the Administrator of the status and ultimate disposition of such matter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 4 - PROJECT IMPLEMENTATION PHASE › Section 7:24A-4.12 - Debarment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No borrower shall enter into a contract for work on a project with any person debarred, suspended or disqualified from contracting with the Department pursuant to N.J.A.C. 7:1D-2.
(b) Each borrower shall insert in every contract for work on a project a clause that states that the contractor may be debarred, suspended or disqualified from contracting with the State and the Department if the contractor commits any of the acts listed in 7:1D-2.2.
(c) Each borrower shall prepare bid specifications which require bidders to submit a sworn statement of the bidder, or an officer or partner of the bidder, indicating whether or not the bidder is, at the time of the bid, included on the State Treasurer's list of debarred, suspended and disqualified bidders. Bid specifications prepared by the borrower shall also state that the borrower will immediately notify the Department whenever a bidder is on the Treasurer's list. The Department reserves the right, in such circumstances, to immediately suspend such bidder from Department contracting, and to take such other action pursuant to N.J.A.C. 7:1D-2 as is appropriate.
(d) Whenever a bidder is debarred, suspended or disqualified from Department contracting pursuant to N.J.A.C. 7:1D-2, the borrower may take into account, in determining whether such bidder is the lowest responsible bidder pursuant to law, the loss of Department loan funds under these rules which would result from awarding a contract to such bidder. The borrower may advise prospective bidders that the procedures of (c) above and (e) below will be followed.
(e) Any person included on the Treasurer's list of debarred, suspended and disqualified bidders as a result of action by a State agency other than the Department, who is or may become a bidder on any contract which is or will be funded by a loan under this chapter may submit information to the Department to demonstrate why this section should not apply to such person. If the Commissioner determines that contracting with such a bidder is essential to the public interest and files a finding thereof with the Attorney General, the Commissioner may make an exception from the application of this section with respect to a particular bidder pursuant to 7:1D-2.9. In the alternative, the Department may suspend or debar any such person, or take such other action as may be appropriate, pursuant to N.J.A.C. 7:1D-2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 4 - PROJECT IMPLEMENTATION PHASE › Section 7:24A-4.13 - Noncompliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to any other rights or remedies available to the Department pursuant to law, in the event of a borrower's, contractor's or subcontractor's noncompliance with any requirement of this chapter, or term or condition of the loan award agreement, the Department may take any of the following actions or combinations thereof:
1. Issue a notice of noncompliance pursuant to 7:24A-4.14;
2. Withhold loan funds pursuant to 7:24A-4.15;
3. Order stoppage of the project work pursuant to 7:24A-4.16; or
4. Terminate or annul a loan pursuant to 7:24A-4.17 or 4.18, respectively.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 4 - PROJECT IMPLEMENTATION PHASE › Section 7:24A-4.14 - Notice of noncompliance

Current through Register Vol. 56, No. 14, July 15, 2024
When the Department determines that a borrower is not in compliance with any requirement of this chapter or with any term or condition of the loan award agreement, it shall notify the borrower in writing (certified mail, return receipt requested or hand delivery) of the noncompliance. The Department may require the borrower, its engineer and/or contractor to take and complete corrective action within 10 working days of the date of delivery of a notice of noncompliance. If the borrower, its engineer and/or contractor do not take corrective action or if such corrective action is not adequate in the judgment of the Department, then the Department may withhold payment or issue a stop work order pursuant to 7:24A-4.15 or 4.16.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 4 - PROJECT IMPLEMENTATION PHASE › Section 7:24A-4.15 - Withholding of funds

Current through Register Vol. 56, No. 14, July 15, 2024
The Department may withhold a loan disbursement or any portion thereof when it determines and provides notification in writing that a borrower has failed to comply with any provision of this chapter, or any term or condition of the loan award agreement.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 4 - PROJECT IMPLEMENTATION PHASE › Section 7:24A-4.16 - Stop work order

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may order that work on a project be stopped for good cause. Good cause shall include, but is not limited to, default by the borrower or noncompliance with the terms of the loan award agreement or where the Department determines it is advisable to suspend work on the project or portion or phase of the project for important program or Department considerations.
(b) A stop work order shall contain:
1. The reasons for issuance of the stop work order;
2. A clear description of the work to be suspended;
3. Instructions as to the issuance of further orders by the borrower for materials or services;
4. Instructions as to action to be taken by the borrower on subagreements;
5. Other suggestions to the borrower for minimizing costs; and
6. A notice of noncompliance pursuant to 7:24A-4.14.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 4 - PROJECT IMPLEMENTATION PHASE › Section 7:24A-4.17 - Termination of loan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may terminate a loan in whole or in part for good cause subject to negotiation and payment of appropriate termination settlement costs. Good cause shall include, but is not limited to, default by the borrower or noncompliance with the terms and conditions of the loan.
1. The Department shall give written notice to the borrower (certified mail, return receipt requested) of its intent to terminate a loan in whole or in part at least 10 days prior to the proposed date of termination, which notice shall state the reasons for the proposed termination.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 4 - PROJECT IMPLEMENTATION PHASE › Section 7:24A-4.18 - Annulment of loan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may, in writing, annul the loan if it determines that:
1. Without good cause, the borrower has not substantially completed the project;
2. The borrower obtained the loan by fraud; or
3. The borrower has committed corrupt practices in administering the project.