reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 90 - STATE SOIL CONSERVATION COMMITTEE › Subchapter 2 - SOIL AND WATER CONSERVATION PROJECT COST SHARING: ELIGIBLE PROJECTS › Section 2:90-2.24 - Agrichemical handling facility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The storage, handling, and mixing of agrichemicals and the cleaning of application equipment can constitute a pollution hazard to surface and ground water. This practice is designed to provide an impervious containment area for isolation of spillage from on-farm agrichemical mixing, loading, unloading, and rinsing operations in order to minimize pollution of soil, water, air, plant, or animal resources.
(b) The following types of practices and components are approved for an agrichemical facility:
1. Land shaping, leveling, and filling to permit installing the system;
2. Formed concrete, reinforcing, sump, sealant, gravel for sub-base and access ramps;
3. Pumps, pipes, valves, and storage tanks permanently installed for use in the agrichemical facility;
4. Diversions, waterways, outlet structures, and similar measures to convey surface water away from the facility; and for fencing and vegetative cover including mulching;
5. Roof, including gutters and downspouts, and sidewalls to exclude precipitation from the facility; and for providing water and electric services from proximate locations.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 90 - STATE SOIL CONSERVATION COMMITTEE › Subchapter 2 - SOIL AND WATER CONSERVATION PROJECT COST SHARING: ELIGIBLE PROJECTS › Section 2:90-2.25 - Cost share rates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Projects as identified in 2:90-2.5 through 2.24 shall be cost shared at 75 percent of the actual cost, not to exceed 75 percent of a maximum amount per project as estimated by the district in consultation with the United States Department of Agriculture, Natural Resources Conservation Service District Conservationist and Farm Services Agency County Executive Director. Districts shall consult with authorized personnel within the New Jersey Forest Service for forestry related practices.
(b) The maximum per project cost shall be based upon the average cost for installation of such practices in the district, as determined from actual Farm Services Agency and NRCS cost records for similar work under Federal cost share programs. For those practices which arc not in the Federal programs, the district shall consult with USDA or Forest Service officials in the district to investigate actual costs and establish a suitable average maximum cost reflecting current prices. An average cost schedule developed in accordance with this procedure shall be adopted by the district and filed with the State Soil Conservation Committee on or before January 15 of each year. The SSCC shall reserve the right to review maximum cost rates and to require adjustments if deemed necessary.
(c) The least cost practice or system which is determined to be effective and functional shall be the basis for cost-share rates. An applicant may install a more expensive practice or system if it is determined to be effective and conforms to the standards and specifications in 2:90-2.3, but shall be eligible for reimbursement only for up to 75 percent of the least cost option described above.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 90 - STATE SOIL CONSERVATION COMMITTEE › Subchapter 3 - SOIL AND WATER CONSERVATION PROJECT COST SHARING: PROCEDURAL RULES › Section 2:90-3.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter contains State Soil Conservation Committee rules which describe procedures for soil conservation districts and other participating conservation agencies regarding the review and approval of applications for soil and water conservation projects pursuant to the Agriculture Retention and Development Act, 4:1C-11 et seq., ( P.L. 1983, C.32). These rules shall be utilized in conjunction with N.J.A.C. 2:90-2 and N.J.A.C. 2:76-5.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 90 - STATE SOIL CONSERVATION COMMITTEE › Subchapter 3 - SOIL AND WATER CONSERVATION PROJECT COST SHARING: PROCEDURAL RULES › Section 2:90-3.3 - Eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
Any landowner enrolled in a Farmland Preservation Program is eligible to apply for State funding assistance for soil and water conservation projects approved by the State Soil Conservation Committee and promulgated in N.J.A.C. 2:90-2. A farm operator may act as agent for the landowner when so designated in writing by the landowner. Upon the concurrence of the SCD, the landowner may request SCD review and recommendations for State funding assistance prior to formal enrollment in a Farmland Preservation Program provided he has expressed his desire in writing to enroll in such a program and has verified that his land is eligible to be enrolled in such a program as prescribed by the CADB.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 90 - STATE SOIL CONSERVATION COMMITTEE › Subchapter 3 - SOIL AND WATER CONSERVATION PROJECT COST SHARING: PROCEDURAL RULES › Section 2:90-3.4 - Application procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant shall apply to the appropriate SCD for up to 75 percent of the cost of installing a soil and water conservation practice(s) on the application form as defined in 2:90-3.2.
(b) The SCD shall advise the applicant of program provisions and policies and may assist the applicant in providing the appropriate information to complete the application.
(c) The SCD may establish priorities for providing technical assistance for the plan.
(d) A copy of the completed application shall be sent to the CADB for its information.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 90 - STATE SOIL CONSERVATION COMMITTEE › Subchapter 3 - SOIL AND WATER CONSERVATION PROJECT COST SHARING: PROCEDURAL RULES › Section 2:90-3.5 - Feasibility review and technical agency referral

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The SCD shall seek the assistance of appropriate technical agencies or agents to determine the feasibility of the requested practices to the land.
(b) The technical agency shall review the application and recommend projects that are essential and applicable to the landowners' proposed operation. If the technical agency determines that the requested projects are not feasible and upon the SCD concurrence, the applicant shall be so advised by the district.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 90 - STATE SOIL CONSERVATION COMMITTEE › Subchapter 3 - SOIL AND WATER CONSERVATION PROJECT COST SHARING: PROCEDURAL RULES › Section 2:90-3.6 - Preparation of conservation plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A conservation plan shall be developed in consultation with the landowner. The plan shall indicate the proposed practices, their location, schedule for installation, maintenance requirements, and estimated costs.
(b) The completed plan shall be submitted to the SCD for review and approval. The landowner shall be advised by the SCD of action taken on the plan.
(c) The plan may be modified at the landowners request subject to technical agency concurrence and SCD approval. If the applicant determines that the requested practices cannot be completed within the original schedule because of circumstances beyond his control, the applicant may request an extension of time. The request, including reasons why the extension is needed, shall be submitted, in writing, to the SCD. Upon its concurrence, the SCD shall forward such request to the SSCC for implementation. In no case shall extensions be granted for more than 12 months.
(d) If the SCD determines that serious soil and water management problems exist on the applicants' land, it may require that such problems be addressed prior to the initiation of other projects which are not directly related to the observed soil and water management problems. In addition, projects which are dependent upon prior installation of protective practices identified in the plan must be installed in accordance with the plan schedule.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 90 - STATE SOIL CONSERVATION COMMITTEE › Subchapter 3 - SOIL AND WATER CONSERVATION PROJECT COST SHARING: PROCEDURAL RULES › Section 2:90-3.7 - Coordination with other cost share programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where Federal or other cost-sharing is available, the SCD shall coordinate the appropriate integration of projects. The SCD shall advise the applicant of funding available via other programs and recommend appropriate division of projects in the approved plan to assure maximum utilization of all other funding sources.
(b) No Federal cost share program may be used as the landowner's matching portion of costs for a practice or any other component of a practice funded under the provisions of this program.
(c) No portion of the State cost share program may be used as the landowner's portion of costs for a practice or any component of a practice funded under the provisions of any Federal cost share program.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 90 - STATE SOIL CONSERVATION COMMITTEE › Subchapter 3 - SOIL AND WATER CONSERVATION PROJECT COST SHARING: PROCEDURAL RULES › Section 2:90-3.8 - District approval process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Following review by the technical agencies and coordination with other cost share programs, the SCD shall review the application for program conformance.
(b) Upon verification that all eligibility criteria and other program provisions have been satisfied, the SCD shall approve or conditionally approve the application.
(c) For a project where the applicant provides at least 25 percent of the project cost without county funding assistance, the approved application and W-9 form shall be forwarded by the SCD to the State Soil Conservation Committee for approval. The SCD shall send a copy of the approved application to the CADB for its information.
(d) For a practice where the applicant receives financial assistance from county appropriated funds for the cost of practices, the SCD shall forward the approved application to the CADB for concurrence. Following its approval, the CADB shall forward the application and W-9 form to the SSCC for approval.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 90 - STATE SOIL CONSERVATION COMMITTEE › Subchapter 3 - SOIL AND WATER CONSERVATION PROJECT COST SHARING: PROCEDURAL RULES › Section 2:90-3.9 - State review and approval process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The SSCC shall review and verify that the application is in conformance with program guidelines.
(b) Following verification, the SSCC shall approve the application and recommend SADC approval and obligation of funds for the entire amount of the approved plan. The SSCC may delegate this authority to the appropriate staff.
(c) Following SADC approval the SSCC, CADB and landowner and the SCD shall be advised of project funding approval.
(d) The SCD shall advise the applicant and appropriate technical agencies of application approval.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 90 - STATE SOIL CONSERVATION COMMITTEE › Subchapter 3 - SOIL AND WATER CONSERVATION PROJECT COST SHARING: PROCEDURAL RULES › Section 2:90-3.10 - Project completion and payment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon practice completion, the applicant shall notify the SCD, request payment and provide verification of costs.
(b) The SCD shall secure technical agency verification that the practice has been completed in accordance with technical standards and specifications and also verify applicant's payment claims. If payment claims are satisfactory, the SCD shall forward the payment request with the payment claim voucher, itemized bills, and related documentation that substantiates all costs incurred to the SSCC.
(c) The SSCC shall verify that program provisions have been satisfied prior to recommending SADC payment to the applicant.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 90 - STATE SOIL CONSERVATION COMMITTEE › Subchapter 3 - SOIL AND WATER CONSERVATION PROJECT COST SHARING: PROCEDURAL RULES › Section 2:90-3.11 - Maintenance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The applicant shall be responsible for maintaining the practices for eight years following date of completion.
(b) The SCD shall be responsible for inspecting the practice(s) for maintenance in accordance with guidelines provided by the SSCC and the standards and specifications set forth in 2:90-1.3.
(c) The applicant shall allow SCD and other program agents reasonable access to the project site for the purpose of site inspections.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 90 - STATE SOIL CONSERVATION COMMITTEE › Subchapter 3 - SOIL AND WATER CONSERVATION PROJECT COST SHARING: PROCEDURAL RULES › Section 2:90-3.12 - Violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the SCD determines that an applicant fails to comply with the provisions for maintenance of the practice, the SCD shall advise the landowner of required corrective measures. The SCD shall forward a copy of such notification to the SSCC.
(b) The landowner shall not be liable for inadequate maintenance or destruction of a practice if caused by a natural disaster that could not have been reasonably anticipated.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 90 - STATE SOIL CONSERVATION COMMITTEE › Subchapter 3 - SOIL AND WATER CONSERVATION PROJECT COST SHARING: PROCEDURAL RULES › Section 2:90-3.13 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
The SCD shall retain application forms, plans, performance reports, and all other related information pertaining to the applicant and approved practices.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 90 - STATE SOIL CONSERVATION COMMITTEE › Subchapter 4 - AGRICULTURAL CONSERVATION COST SHARE PROGRAM › Section 2:90-4.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) through the New Jersey Department of Agriculture (NJDA) Conservation Cost Share Program (CCSP), the State Soil Conservation Committee (SSCC) provides technical, educational, and, when available, financial assistance to eligible farmers to address soil, water, and related natural resources concerns, and to encourage environmental enhancements on their lands in an environmentally beneficial and cost-effective manner. The purposes of the program are achieved through the implementation of structural, vegetative, and land management practices on eligible land.
(b) This program will be integrated with and will complement the USDA Environmental Quality Incentives Program (EQIP) administered by the Natural Resources Conservation Service (NRCS). These rules are closely aligned with EQIP rules, at 7 CFR Part 1466, and establish responsibilities and clarify requirements related to program administration by the State Soil Conservation Committee and the New Jersey Department of Agriculture and the soil conservation districts. To the extent possible, these rules shall be interpreted to achieve maximum compatibility with EQIP. Responsibility and accountability for administration and expenditure of State funds appropriated to this program reside solely with the New Jersey Department of Agriculture, and are allocated to the State Soil Conservation Committee. Full coordination, cooperation and consultation with the 15 soil conservation districts, and the NRCS is expected. Authority for final interpretation of these rules is retained by the SSCC, NJDA.
(c) To the extent that finds are made available in the future, NJDA hereby adopts and incorporates by reference 7 CFR Part 1466, as amended and supplemented.
1. A copy of 7 CFR Part 1466 may be obtained at
http://www.access.gpo.gov/nara/cfr/waisidx02/7cfr146602.html
.
2. A copy of this document is on file in the Director's Office, Division of Agriculture and Natural Resources, New Jersey Department of Agriculture, PO Box 330, Trenton, NJ 08625.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 90 - STATE SOIL CONSERVATION COMMITTEE › Subchapter 4 - AGRICULTURAL CONSERVATION COST SHARE PROGRAM › Section 2:90-4.2 - Administration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) CCSP is administered by SSCC in cooperation with the soil conservation districts and the Natural Resources Conservation Service (NRCS) as set forth in (b) and (c) below.
(b) SSCC shall, following consultation with the agencies listed in (a) above:
1. Provide overall program management and implementation leadership for CCSP;
2. Establish policies, procedures, priorities, and guidance for program implementation, including determination of priority areas;
3. Establish cost-share and incentive payment limits;
4. Determine eligibility of practices;
5. Provide technical leadership for conservation planning and implementation, quality assurance and evaluation of program performance;
6. Make funding decisions and determine allocations of program funds;
7. Be responsible for the administrative processes and procedures for applications, contracting and financial matters, including allocation and program accounting; and
8. Provide leadership for establishing, implementing, and overseeing administrative processes for applications, contracts, payment processes and administrative and financial performance reporting.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 90 - STATE SOIL CONSERVATION COMMITTEE › Subchapter 4 - AGRICULTURAL CONSERVATION COST SHARE PROGRAM › Section 2:90-4.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following definitions shall apply to this subchapter and all documents issued in accordance with this subchapter, unless specified otherwise:
"District or Soil Conservation District" (SCD) means a governmental subdivision of this State organized in accordance with the provisions of 4:24-1 et seq.
"Life span" means the period of time specified in the contract or conservation plan during which the conservation management systems or component conservation practices are to be maintained and used for the intended purpose.
"Liquidated damages" means a sum of money stipulated in the contract which the participant agrees to pay if the participant breaches the contract. The sum represents an estimate of the anticipated or actual harm caused by the breach, and reflects the difficulties of proof of loss and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy.
"Operation and maintenance" means work performed by the participant to keep the applied conservation practice functioning for the intended purpose during its life span. Operation includes the administration, management, and performance of non-maintenance actions needed to keep the completed practice safe and functioning as intended. Maintenance includes work to prevent deterioration of the practice, repairing damage, or replacement of the practice to its original condition if one or more components fail.
"Participant" means an applicant who is a party to a CCSP contract.
"State Soil Conservation Committee" (SSCC) means an agency of the State established in accordance with 4:24-3 chaired by the New Jersey Secretary of Agriculture. The Chairman of the Committee may act on behalf of the Committee.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 90 - STATE SOIL CONSERVATION COMMITTEE › Subchapter 4 - AGRICULTURAL CONSERVATION COST SHARE PROGRAM › Section 2:90-4.4 - Contract requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order for a participant to receive cost-share or incentive payments, the participant shall enter into a contract agreeing to implement a conservation plan or portions thereof. SSCC in coordination with the SCD shall determine the eligibility of participants.
(b) A CCSP contract shall:
1. Incorporate by reference all portions of the conservation plan to be funded through CCSP;
2. Be for a duration of not less than five years nor more than 10 years;
3. Incorporate all provisions as required by law or statute, including participant requirements to:
i. Not conduct any practices on the farm unit of concern that would tend to defeat the purposes of the contract;
ii. Refund any program payments received with interest, and forfeit any future payments under the program, on the violation of a term or condition of the contract consistent with 2:90-4.8;
iii. Refund all program payments received on the transfer of the right and interest of the producer in land subject to the contract, unless the transferee of the right and interest agrees to assume all obligations of the contract in accordance with 2:90-4.7;
iv. Supply information as required by SSCC to determine compliance with the contract and requirements of the program;
4. Specify the participant's requirements for operation and maintenance of the applied conservation practices.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 90 - STATE SOIL CONSERVATION COMMITTEE › Subchapter 4 - AGRICULTURAL CONSERVATION COST SHARE PROGRAM › Section 2:90-4.5 - Conservation practice operation and maintenance

Current through Register Vol. 56, No. 14, July 15, 2024
The contract shall incorporate the operation and maintenance of conservation practices applied under the contract. The participant shall operate and maintain the conservation practice for its intended purpose for the life span of the conservation practice, as identified in the contract or conservation plan, as determined by the SSCC. Conservation practices installed before the execution of a contract, but needed in the contract to obtain the environmental benefits agreed upon, are to be operated and maintained as specified in the contract. NRCS and the SCD may periodically inspect the conservation practice during the life span of the practice as specified in the contract to ensure that operation and maintenance is occurring.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 90 - STATE SOIL CONSERVATION COMMITTEE › Subchapter 4 - AGRICULTURAL CONSERVATION COST SHARE PROGRAM › Section 2:90-4.6 - Cost-share and incentive payments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The maximum direct State share of cost-share payments to a participant shall not be more than 75 percent of the projected cost of a structural or vegetative practice. The direct State share of cost-share payments to a participant shall be reduced proportionately below 75 percent, or the cost-share limit as set in (a)2 below, to the extent that total financial contributions for a structural or vegetative practice from all public and private entity sources exceed 100 percent of the projected cost of the practice. The total of all public funding shall not exceed 90 percent of the projected costs of a practice and the direct State share shall be reduced proportionately to assure same.
1. SSCC shall provide incentive payments to participants for a land management practice in an amount and at a rate necessary to encourage a participant to perform the land management practice that would not otherwise be initiated without government assistance. Such payment shall not be more than 75 percent of the cost of performing a land management practice for the full term of the contract.
2. SSCC shall set the cost-share and incentive payment limits for CCSP as set forth in (a) and (a)1 above. The SSCC shall consider recommendations of:
i. The designated conservationist, in consultation with the SCD, the local work group and the State technical committee for a priority area; or
ii. The NRCS State conservationist, in consultation with the State technical committee, for participants subject to environmental requirements or with significant Statewide natural resource concerns outside a funded priority area.
3. Cost-share payments and incentive payments may both be included in a contract.
4. Cost-share and incentive payments will not be made to a participant who has applied or initiated the application of a conservation practice prior to approval of the contract.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 90 - STATE SOIL CONSERVATION COMMITTEE › Subchapter 4 - AGRICULTURAL CONSERVATION COST SHARE PROGRAM › Section 2:90-4.7 - Contract modifications and transfers of land

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The participant and SSCC may modify a contract if the participant and SSCC agree to the contract modification and the conservation plan is revised in accordance with NRCS requirements and is approved by the conservation district.
(b) The parties may agree to transfer a contract with the agreement of all parties to the contract. The transferee must be determined by SSCC to be eligible and shall assume full responsibility under the contract, including operation and maintenance of those conservation practices already installed and to be installed as a condition of the contract.
(c) SSCC may require a participant to refund all or a portion of any assistance earned under CCSP if the participant sells or loses control of the land under a CCSP contract and the new owner or controller is not eligible to participate in the program or refuses to assume responsibility under the contract.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 90 - STATE SOIL CONSERVATION COMMITTEE › Subchapter 4 - AGRICULTURAL CONSERVATION COST SHARE PROGRAM › Section 2:90-4.8 - Contract violations and termination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If SSCC determines that a participant is in violation of the terms of a contract or documents incorporated by reference into the contract, the SSCC shall give the participant a reasonable time, as determined by the SCD, in consultation with NRCS, to correct the violation and comply with the terms of the contract and attachments thereto. If a participant continues in violation, SSCC may, in consultation with the SCD and NRCS, terminate the CCSP contract.
1. Notwithstanding the provisions of (a) above, a contract termination shall be effective immediately upon a determination by the SSCC and SCD, in consultation with NRCS, that the participant has submitted false information or filed a false claim, or engaged in any act for which a finding of ineligibility for payments is permitted under the provisions of 2:90-4.1 2 or in a case in which the actions of the party involved are deemed to he sufficiently purposeful or negligent to warrant a termination without delay.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 90 - STATE SOIL CONSERVATION COMMITTEE › Subchapter 4 - AGRICULTURAL CONSERVATION COST SHARE PROGRAM › Section 2:90-4.9 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A participant may request a hearing on any adverse decision under CCSP within 20 days from the receipt of such determination, as follows:
1. A request for a hearing shall be in writing and shall include:
i. The name, address, telephone number of a contract person familiar with the matter;
ii. A copy of the determination objected to; and
iii. A concise statement listing the material facts in dispute and describing the basis of the participant's objection.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 90 - STATE SOIL CONSERVATION COMMITTEE › Subchapter 4 - AGRICULTURAL CONSERVATION COST SHARE PROGRAM › Section 2:90-4.10 - Compliance with regulatory measures

Current through Register Vol. 56, No. 14, July 15, 2024
Participants who carry out conservation practices shall be responsible for obtaining the authorizations, rights, easements, permits, or other approvals necessary for the implementation, operation, and maintenance of the conservation practices in keeping with applicable laws and regulations. Participants shall be responsible for compliance with all laws and for all effects or actions resulting from the participant's performance under the contract.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 90 - STATE SOIL CONSERVATION COMMITTEE › Subchapter 4 - AGRICULTURAL CONSERVATION COST SHARE PROGRAM › Section 2:90-4.11 - Access to operating unit

Current through Register Vol. 56, No. 14, July 15, 2024
Any authorized SSCC or SCD representative shall have the right to enter an operating unit or tract for the purpose of ascertaining the accuracy of any representations made in a contract or in anticipation of entering a contract, as to the performance of the terms and conditions of the contract. Access shall include the right to provide technical assistance and inspect any work undertaken under the contract. The SSCC representative shall make a reasonable effort to contact the participant prior to the exercise of this provision.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 90 - STATE SOIL CONSERVATION COMMITTEE › Subchapter 4 - AGRICULTURAL CONSERVATION COST SHARE PROGRAM › Section 2:90-4.12 - Misrepresentation and scheme or device

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A producer who is determined to have erroneously represented a fact affecting a program determination made in accordance with this subchapter shall not be entitled to contract payments and must refund to SSCC any such payments, plus interest determined in accordance with EQIP rules. The producer's interest in all contracts shall be terminated.
(b) A producer who is determined to have knowingly adopted any scheme or device that tends to defeat the purpose of the program or made fraudulent misrepresentation shall refund to SSCC any contract payment, plus interest determined in accordance with EQIP rules. The producer's interest in all contracts shall be terminated.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 91 - ANIMAL WASTE MANAGEMENT › Subchapter 1 - PURPOSE AND SCOPE › Section 2:91-1.1 - Purpose and Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules set forth the requirements for the development and implementation of self-certified Animal Waste Management Plans (AWMPs), high-density AWMPs and Comprehensive Nutrient Management Plans (CNMPs) for farms that generate, handle or receive animal waste. The rules in this chapter require the use of best management practices to protect water quality and public health by:
1. Controlling animal access to the waters of the State;
2. Storing manure at least 100 linear feet from surface waters of the State;
3. Applying manure using proper nutrient management practices;
4. Minimizing odors from manure storage and application areas;
5. Controlling vectors and fomites; and
6. Optimizing the beneficial use of nutrients from manure and bedding materials.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 91 - ANIMAL WASTE MANAGEMENT › Subchapter 3 - ANIMAL WASTE MANAGEMENT REQUIREMENTS › Section 2:91-3.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) With the exception of aquatic farms, no farm shall allow livestock in confined areas to have access to waters of the State unless such access is controlled in accordance with part IV of the NJDA BMP Manual, incorporated herein by reference as the chapter Appendix.
1. Copies of the NJDA BMP Manual may be obtained by contacting the local District or one of the NRCS Field Offices or by contacting RCE at Rutgers Cooperative Extension, Rutgers, The State University of New Jersey, 88 Lipman Drive, New Brunswick, NJ 08901-8525.
2. A copy of this document is also on file in the NJDA office in the Division of Agricultural and Natural Resources, Health and Agriculture Building, Market and Warren Streets, Trenton, NJ 08625.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 91 - ANIMAL WASTE MANAGEMENT › Subchapter 3 - ANIMAL WASTE MANAGEMENT REQUIREMENTS › Section 2:91-3.2 - Aquatic farms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Aquatic farms which comply with the Aquaculture Management Practices Manual set forth at 2:76-2A.1 1 and who possess an aquatic farmer license pursuant to N.J.A.C. 2:89 shall be deemed in compliance with the requirements of this chapter.
1. An electronic copy of the Aquaculture Management Practices is available at
http://www.jerseyseafood.nj.gov/aquacultureamp.pdf
.
2. A copy of this document is on file in the NJDA office of the Director, Division of Agricultural and Natural Resources, Health and Agriculture Building, Market and Warren Streets, Trenton, NJ 08625.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 91 - ANIMAL WASTE MANAGEMENT › Subchapter 3 - ANIMAL WASTE MANAGEMENT REQUIREMENTS › Section 2:91-3.3 - Farms with one to seven animal units (AUs)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Farms with one to seven AUs are required to implement the general requirements at 2:91-3.1 by March 16, 2010.
(b) Farms with one to seven AUs are encouraged, but not required, to develop and implement a self-certified AWMP in accordance with 2:91-3.5.
(c) New farms or farms meeting the one to seven AU threshold after March 16, 2009, shall implement the general requirements at 2:91-3.1 within 12 months of date when the farm meets the one to seven AU threshold.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 91 - ANIMAL WASTE MANAGEMENT › Subchapter 3 - ANIMAL WASTE MANAGEMENT REQUIREMENTS › Section 2:91-3.4 - Farms with eight to 299 animal units (AUs) with animal densities (ADs) less than or equal to one AU per acre

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Farms with eight to 299 AUs and ADs less than or equal to one AU per acre shall:
1. Implement the general requirements at 2:91-3.1 by March 16, 2010;
2. Develop a self-certified AWMP consistent with the NJDA BMP Manual by September 16, 2010; and
3. Implement the plan completely by March 16, 2012.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 91 - ANIMAL WASTE MANAGEMENT › Subchapter 3 - ANIMAL WASTE MANAGEMENT REQUIREMENTS › Section 2:91-3.5 - Farms with eight to 299 animal units with animal densities greater than one AU per acre

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Farms with eight to 299 AUs and AD greater than one AU per acre shall:
1. Implement the general requirements at 2:91-3.1 by March 16, 2010;
2. By September 16, 2010, develop a high-density AWMP consistent with NJDA BMP Manual and the NJ-FOTG standards, incorporated herein by reference, and submit to the local district for review. If the high-density AWMP meets the NJ-FOTG standards, then the SCD will approve the plan.
i. Copies of the NJ-FOTG are available from the NRCS Field Offices and the State Office at 220 Davidson Ave, 4th Floor, Somerset, NJ 08873.
ii. An electronic copy of this document is available at
http://www.nrcs.usda.gov/technical/efotg/
.
iii. A copy of this document is also on file in the NJDA Office of the Director, Division of Agricultural and Natural Resources, New Jersey Department of Agriculture, Health and Agriculture Building, Market and Warren Streets, Trenton, New Jersey 08625;
3. File the original high-density AWMP with the local NRCS office once approved by the local district;
4. Retain a copy of the approved high-density AWMP on the farm; and
5. Implement the plan completely by March 16, 2012.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 91 - ANIMAL WASTE MANAGEMENT › Subchapter 3 - ANIMAL WASTE MANAGEMENT REQUIREMENTS › Section 2:91-3.6 - Farms with 300 or more animal units (AUs)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Farms with 300 or more animal units shall:
1. Implement the general requirements at 2:91-3.1 by March 16, 2010; and
2. Develop a CNMP in consultation with the NRCS, TSP, or an appropriate agent, which conforms to the NJ-FOTG, and submit the CNMP to the local District for review and approval in accordance with (b) and (c) below.
i. Copies of the NJ-FOTG are available from the NRCS Field Offices and the State Office at 220 Davidson Ave, 4th Floor, Somerset, NJ 08873.
ii. An electronic copy of the NJ-FOTG is available at
http://efotg.nrcs.usda.gov/efotg_locator.aspx?map=NJ
.
iii. A copy of this document is on file in the NJDA Office of the Director, Division of Agricultural and Natural Resources, New Jersey Department of Agriculture, Health and Agriculture Building, Market and Warren Streets, Trenton, New Jersey 08625.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 91 - ANIMAL WASTE MANAGEMENT › Subchapter 3 - ANIMAL WASTE MANAGEMENT REQUIREMENTS › Section 2:91-3.7 - Farms receiving or applying less than 142 tons of animal waste per year

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Farms receiving or applying less than 142 tons of animal waste per year are required to implement the general requirements at 2:91-3.1 by March 16, 2010.
(b) Farms receiving or applying less than 142 tons of animal waste per year are encouraged, but not required to develop and implement a self-certified Animal Waste Management Plan (AWMP) in accordance with 2:91-3.4.
(c) Should the amount of manure received or applied increase to 142 tons or more of animal waste per year, the owner or operator shall be required to comply with the requirements set forth in 2:91-3.8.
(d) New farms or existing farms who begin receiving or applying animal waste after March 16, 2009 shall implement (a) above within 12 months from the date the farm begins receiving or applying animal waste.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 91 - ANIMAL WASTE MANAGEMENT › Subchapter 3 - ANIMAL WASTE MANAGEMENT REQUIREMENTS › Section 2:91-3.8 - Farms receiving or applying 142 or more tons of animal waste per year

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any farm that receives or applies 142 tons or more of animal waste per year shall:
1. Implement the general requirements at 2:91-3.1 by March 16, 2010;
2. Develop a self-certified AWMP by September 16, 2010, in accordance with 2:91-3.4;
3. Implement the plan completely by March 16, 2012; and
4. Maintain the following recordkeeping requirements for hauling:
i. Records of the dates of transfer and quantities of manure; and
ii. Records of the names and addresses of the sources of manure.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 91 - ANIMAL WASTE MANAGEMENT › Subchapter 3 - ANIMAL WASTE MANAGEMENT REQUIREMENTS › Section 2:91-3.9 - Exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following are not subject to these rules:
1. An agricultural event or fair approved pursuant to 2:33-1.3 that is held within the State of New Jersey;
2. Any person that handles animal waste other than animal waste from livestock, including, but not limited to, dog kennels regulated pursuant to N.J.A.C. 8:23A and game farms regulated pursuant to N.J.A.C. 7:25-4;
3. Veterinarian hospitals or clinics operated by persons licensed pursuant to N.J.A.C. 13:44;
4. Temporary petting zoos;
5. Concentrated animal feeding operations and concentrated aqautic animal production facilities regulated by the New Jersey Department of Environmental Protection (NJDEP) pursuant to 7:14A-2.1 3 and 2.14;
6. Any person regulated by NJDEP under N.J.A.C. 7:26 (solid waste management rules); and
7. Any person regulated by NJDEP under N.J.A.C. 7:26A (solid waste recycling rules).
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 91 - ANIMAL WASTE MANAGEMENT › Subchapter 3 - ANIMAL WASTE MANAGEMENT REQUIREMENTS › Section 2:91-3.10 - Confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
The New Jersey Department of Agriculture will hold confidential any information included in a self-certified AWMP, high-density AWMP and CNMP, which constitutes proprietary commercial or financial information, or is otherwise protected from disclosure under 7 CFR Part 205.501 and 205.504 or the Open Public Records Act, 47:1A-1 et seq., subject to the limitations set forth therein.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 91 - ANIMAL WASTE MANAGEMENT › Subchapter 4 - PENALTIES AND ENFORCEMENT › Section 2:91-4.1 - Penalty and enforcement provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall investigate alleged violations of the rules and take appropriate action, which may include, but is not limited to, the following:
1. Any person who violates any provision of this chapter, or the requirements of a self-certified AWMP, high-density AWMP or CNMP developed pursuant to this chapter, shall be liable for a civil administrative penalty of up to $ 1,000 per day for each violation as determined pursuant to the procedures set forth in this section.
2. Where non-compliance is found, the Department may allow the owner or operator up to 60 days to address or correct the non-compliance before imposing a civil administrative penalty. The length of time available to correct the non-compliance shall be based on the following factors:
i. Inability to perform the corrective action due to circumstances beyond the persons control, including but not limited to weather conditions, need for professional assistance and need for special machinery to complete the corrective action;
ii. Whether temporary corrective action can mitigate the non-compliance;
iii. The severity of the non-compliance based upon the point system as set forth in (c) below;
iv. The severity of the environmental impact caused by the non-compliance; and
v. Any other mitigating factor.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 92 - AGRICULTURAL DEVELOPMENT IN THE HIGHLANDS › Subchapter 1 - PURPOSE › Section 2:92-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter establishes the practice standards and quality criteria that must be met for Farm Conservation Plans or Resource Management System Plans for agricultural or horticultural development which would increase, either individually or cumulatively, new agricultural impervious cover by three percent or more of the total land area of a Farm Management Unit, triggering the thresholds in the Highlands Preservation Area, established in the Highlands Water Protection and Planning Act, 13:20-1 et seq.
(b) Nothing in this chapter shall be construed to alter or compromise the goals, purposes, policies, and provisions of, or lessen the protections afforded to farmers by, the Right to Farm Act, P.L. 1983, c. 31 (4:1C-1 et seq.), and any rules or regulations adopted pursuant thereto.
(c) The requirements of these rules apply only to the percentage of the total land area of the farm management unit either individually or cumulatively within the Highlands Preservation Area.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 92 - AGRICULTURAL DEVELOPMENT IN THE HIGHLANDS › Subchapter 3 - FARM CONSERVATION PLAN › Section 2:92-3.1 - Farm Conservation Plan requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Agricultural or horticultural development that results, individually or cumulatively, in at least three percent but less than nine percent increase in new agricultural impervious cover to the total land area of the Farm Management Unit since enactment of the Highlands Act (August 10, 2004) requires the development and implementation of a Farm Conservation Plan approved in accordance with this section.
1. Prior to any development activity, the owner or operator of a farm management unit or his agent shall develop a farm conservation plan with the assistance of the NRCS, TSP or an appropriate agent in conformance with Sections III and IV of the June 1, 2005 NRCS NJ-FOTG, as amended and supplemented, which is hereby adopted and incorporated by reference.
i. Copies of the NJ-FOTG are available from the NRCS Field Offices and the State Office at 220 Davidson Ave, 4th Floor, Somerset, NJ 08873.
ii. An electronic copy of the NJ-FOTG is available at
http://www.nrcs.usda.gov/technical/efotg/
.
iii. A copy of this document is on file in the NJDA office of the Director, Division of Agricultural and Natural Resources, P.O. Box 330, Trenton, NJ 08625.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 92 - AGRICULTURAL DEVELOPMENT IN THE HIGHLANDS › Subchapter 4 - RESOURCE MANAGEMENT SYSTEM PLAN › Section 2:92-4.1 - Resource Management System Plan requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Agricultural or horticultural development that results, individually or cumulatively, in at least nine percent or more of new agricultural impervious cover to the total land area of the Farm Management Unit since enactment of the Highlands Act (August 10, 2004) requires the development and implementation of a Resource Management System Plan in accordance with this section.
1. Prior to any development activity, the owner or operator of a farm management unit or his agent shall develop a Resource Management System Plan with the assistance of the NRCS, TSP or appropriate agent in conformance with the June 1, 2005 NRCS NJ-FOTG, as amended and supplemented, which is hereby adopted and incorporated by reference.
i. Copies of the NJ-FOTG are available from the NRCS Field Offices and the State Office at 220 Davidson Ave, 4th Floor, Somerset, NJ 08873.
ii. An electronic copy of the NJ-FOTG is available at
http://www.nrcs.usda.gov/technical/efotg/
.
iii. A copy of this document is on file in the NJDA office of the Director, Division of Agricultural and Natural Resources, P.O. Box 330, Trenton, NJ 08625.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 92 - AGRICULTURAL DEVELOPMENT IN THE HIGHLANDS › Subchapter 5 - PENALTIES AND ENFORCEMENT › Section 2:92-5.1 - Penalty and enforcement provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who violates 13:20-29.a, or any provision of this chapter, or the requirements of a Farm Conservation Plan or Resource Management System Plan developed pursuant to this chapter, shall be liable to a civil administrative penalty of up to $ 5,000 for each violation pursuant to the procedures set forth in this section to determine the amount of the penalty.
(b) Pursuant to 13:20-29.b.(1), the Department or the local Soil Conservation District may institute a civil action in the Superior Court for injunctive relief to prohibit and prevent the violation(s) and the court may proceed in a summary manner.
(c) If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate, and distinct offense.
(d) The Department shall use the factors described below to determine the amount of a civil administrative penalty under this section. The standards below assign each violation a point value. The total number of points is used to determine the penalty amount per day for each violation. The factors, and the point values assigned to them, are as follows:
1. The seriousness of the violation shall be classified as major, moderate or minor and assigned points as follows:
i. Major violation shall include an intentional, deliberate, purposeful, knowing or willful act or omission by the violator and is assigned three points;
ii. Moderate violation shall include any unintentional but foreseeable act or omission by the violator and is assigned two points; and
iii. Minor violation shall include any violation not identified in (d)1i or ii above and is assigned one point.