reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 33 - SCHOOL TURNAROUND AND IMPROVEMENT › Subchapter 4 - EXIT CRITERIA › Section 6A:33-4.2 - Exit criteria for Targeted Schools with low performing student subgroup(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Targeted
				School has the opportunity to be reviewed based upon the exit criteria every
				three years and when the Department identifies a new cohort of
				schools.
(b) A school identified as
				a Targeted School pursuant to
				N.J.A.C.
				6A:33-2.3(a)1 shall be
				eligible to no longer be identified as such if:
1. The school does not have a student
				subgroup with a summative score at or below the fifth percentile for Title I
				schools; and
2. The school
				demonstrates, for each student subgroup for which the school was identified as
				a Targeted School, improvement on an accountability indicator as compared to
				the subgroup's performance at the time of identification as a Targeted School.
				In addition to the applicable accountability indicators, the Department will
				also consider the following to be indicative of notable subgroup improvement:
i. Increase(s) in the percentages of students
				with scores on Statewide assessments that approached, met, or exceeded
				expectations;
ii. Subgroup academic
				progress scores that met or exceeded the annual target;
iii. Subgroup proficiency rates that met
				annual targets; and
iv. Subgroup
				rates for chronic absenteeism that met the average for the respective school
				configuration.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 33 - SCHOOL TURNAROUND AND IMPROVEMENT › Subchapter 4 - EXIT CRITERIA › Section 6A:33-4.3 - Exit criteria for Targeted Schools with consistently underperforming student subgroup(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				school identified as a Targeted School pursuant to
				N.J.A.C.
				6A:33-2.3(a)2 has the
				opportunity to be reviewed based on the exit criteria every year.
(b) A school identified as a Targeted School
				pursuant to
				N.J.A.C.
				6A:33-2.3(a)2 shall be
				eligible to no longer be identified as such if the Department does not identify
				the school as having a consistently underperforming student subgroup(s) using
				the criteria at
				N.J.A.C.
				6A:33-2.3(a)2.
(c) The Commissioner shall notify a school
				identified as a Targeted School pursuant to
				N.J.A.C.
				6A:33-2.3(a)2 by January 31
				as to whether it has met the criteria listed at (b) above and is eligible to
				cease to be identified as a Targeted School effective June 30.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 33 - SCHOOL TURNAROUND AND IMPROVEMENT › Subchapter 5 - APPEAL PROCESS › Section 6A:33-5.1 - Presentation of countervailing evidence

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Comprehensive or Targeted School and/or
				its school district may dispute a Departmental finding or intervention made
				pursuant to this chapter by initiating a contested case before the Commissioner
				pursuant to N.J.A.C. 6A:3, Controversies and Disputes.
(b) The Department shall not be required to
				suspend its activities, including the disputed intervention(s), while evidence
				is being collected or presented by the school or school district, or while the
				Department considers and responds to the evidence.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1 - DEPARTMENT ORGANIZATION › Subchapter 1 - GENERAL PROVISIONS › Section 7:1-1.1 - Mission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department's core mission is and will continue to be the protection of the air, waters, land, and natural and historic resources of the State to ensure continued public benefit. The Department's mission is advanced through effective and balanced implementation and enforcement of environmental laws to protect these resources and the health and safety of New Jersey's residents. At the same time, it is crucial to understand how actions of the Department can impact the State's economic growth, to recognize the interconnection of the health of New Jersey's environment and its economy, and to appreciate that environmental stewardship and positive economic growth are not mutually exclusive goals: the Department will continue to protect the environment while playing a key role in positively impacting the economic growth of the State.
(b) In order to implement the Mission, at (a) above, the Commissioner has issued a DEP Vision and Priorities statement, which is available at
http://www.nj.gov/dep/about.html
. The Vision and Priorities build on the principles set forth in Governor Christie's Executive Orders 1 through 4 (January 20, 2010), available at
http://www.state.nj.us/infobank/circular/eoindex.htm
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1 - DEPARTMENT ORGANIZATION › Subchapter 1 - GENERAL PROVISIONS › Section 7:1-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Commissioner" means the Commissioner of the Department of Environmental Protection.
"Delegee" means the Chief of Staff, Chief Advisor to the Commissioner, any Deputy or Assistant Commissioner, Director, or other individual within the Department, or any organizational unit within the Department, to whom or to which any power, duty or authority of the Commissioner or the Department has been delegated.
"Department" or "DEP" means the New Jersey Department of Environmental Protection.
"Organizational unit" means any division, office, bureau or other entity within the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1 - DEPARTMENT ORGANIZATION › Subchapter 1 - GENERAL PROVISIONS › Section 7:1-1.3 - Organization of the Department

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner is the head of the Department. The Department consists of such offices and other organizational units as are allowed by law and as are necessary to carry out the Department's statutory mandates.
(b) The following organizational units are established under the Commissioner:
1. Deputy Commissioner;
2. Chief of Staff;
3. Chief Advisor to the Commissioner;
4. Communications and Public Affairs; and
5. Strategic Communications.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1 - DEPARTMENT ORGANIZATION › Subchapter 1 - GENERAL PROVISIONS › Section 7:1-1.4 - Communicating with the Department

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Persons seeking information from the Department may contact the appropriate organizational units identified at 7:1-1.3. The Department also makes available extensive information and search tools on its website (
http://www.nj.gov/dep
), including news releases, opportunities for public participation, rulemaking documents, and data and reports.
(b) Requests for inspection, copying, or obtaining a copy of any government record under N.J.S.A. 47:1A-1 et seq. (Open Public Records Act) should be submitted to:
Department of Environmental Protection
Office of Record Access
401 East State Street
Mail Code 401-06Q
PO Box 442
Trenton, NJ 08625-0442
E-mail: records.custodian@dep.state.nj.us
Website:
www.state.nj.us/dep/opra
(c) Information concerning the types of permits required for a project, timing of permit review, and instructions for completing permit applications may be obtained from the individual program authorized to issue the type of permit required, if known, or:
Department of Environmental Protection
Office of Permit Coordination and Environmental Review
401 East State Street
Mail Code: 401-07J
PO Box 402
Trenton, NJ 08625-0402
(d) The Department publishes the DEP Bulletin, which is a semi-monthly publication listing the construction permit applications recently filed or acted upon by the Department. Using the DEP Bulletin, interested persons can determine the status of Coastal Area Facility Review Act (CAFRA) permits, Federal consistency activity permits, freshwater wetlands individual and general permits, open water fill permits, NJPDES permits, solid waste facility permits, flood hazard area control (stream encroachment) permits, tidal wetlands permits, treatment works approvals, and waterfront development permits. The DEP Bulletin also includes a calendar of events of interest, a schedule of public hearings (which, however, does not constitute an official notice of a hearing), and a list of Environmental Impact Statements acted upon.
1. The DEP Bulletin is available on the Department's website at
http://www.nj.gov/dep/bulletin
.
2. Publication in the DEP Bulletin constitutes constructive notice to all interested persons of Department actions on construction permits.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1 - DEPARTMENT ORGANIZATION › Subchapter 1 - GENERAL PROVISIONS › Section 7:1-1.5 - Effect of delegation of authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No provision of Title 7 of the New Jersey Administrative Code or of any other rules of the Department which delegates any power, duty or authority of the Department or the Commissioner to any delegee shall be construed to limit the power or authority of the Commissioner over the delegated subject matter. Without limiting the generality of the foregoing, the Commissioner may take any action for which responsibility has been delegated to a delegee, with the same force and effect as if such responsibility had not been delegated. Such actions include, without limitation, the grant or denial of an application for a permit; revocation of a permit; action on any other application to the Department; or the issuance of an administrative order, administrative consent order, directive, notice of violation, or penalty assessment.
(b) The election to exercise any delegated power, duty or authority shall be solely within the discretion of the Commissioner.
(c) No provision of this section shall be construed as affecting any substantive or procedural provisions of Title 7 of the New Jersey Administrative Code or of any other rules of the Department, except to the extent that any such provision delegates any power, duty, or authority of the Department or the Commissioner to any delegee. No provision of this section shall be construed as affecting the right of any person to an administrative hearing under 52:14B-10, or administrative review under 52:14B-12.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 7:1A-1.1 - Scope and construction of rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following shall constitute the rules governing loans for local projects for the rehabilitation or repair of antiquated, obsolete, damaged or inadequately operating publicly owned water supply facilities, for the interconnection of unconnected or inadequately connected water systems, and for the construction of water supply facilities or public water systems to address contamination problems as identified by the Department, pursuant to the Water Supply Management Act, 58:1A-1 et seq., the Safe Drinking Water Act, 58:12A-1 et seq., the Water Supply Bond Act of 1981, P.L. 1981, c.261, as amended by P.L. 1983, c.355, 58:12A-22 through 58:12A-25, and as recommended by the New Jersey Statewide Water Supply Plan. These rules prescribe procedures, minimum standards for conduct of borrowers, and standards for obtaining loans for the rehabilitation or repair of water supply facilities, for interconnections between water supply systems, and for the construction of water supply facilities or public water systems to address contamination problems as identified by the Department.
(b) These rules shall be liberally construed to permit the Department to effectuate the purposes of the law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 7:1A-1.2 - Purpose of rules

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 Water Supply Management Act, 58:1A-1 et seq., the Safe Drinking Water Act, 58:12A-1 et seq., the Water Supply Bond Act of 1981, P.L. 1981, c.261, as amended by P.L. 1983, c.355, 58:12A-22 through 58:12A-25, and the New Jersey Statewide Water Supply Plan; and amendments;
2. To establish policies and procedures for administration of funds appropriated pursuant to the above acts for the purpose of making State loans for local projects for the rehabilitation or repair of antiquated, obsolete, damaged or inadequately operating water supply facilities, for the interconnection of unconnected or inadequately connected water supply systems, and for the construction of water supply facilities or public water systems to address contamination problems identified by the Department;
3. To protect the public and the State of New Jersey by insuring that funds appropriated are spent in a proper manner and for the intended purposes;
4. To assure that the distribution and use of funds are 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 insure proper administration of loans;
6. To establish accounting procedures for the administration of loans.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 7:1A-1.3 - Practice where rules do not govern

Current through Register Vol. 56, No. 14, July 15, 2024
The Commissioner may rescind, amend, or expand these rules from time to time in conformance with the Administrative Procedure Act, 52:14B-1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 7:1A-1.4 - Annual budget request

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner shall submit to the State Treasurer and the New Jersey Commission on Capital Budgeting and Planning with the Department's annual budget request, a plan for the expenditure of funds from the "Water Supply Fund" for the upcoming fiscal year.
(b) The plan shall include the following information:
1. A performance evaluation of the expenditures of the fund to date;
2. A description of programs planned during the upcoming fiscal year;
3. A copy of these rules; and
4. An estimate of expenditures for the upcoming fiscal year.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 7:1A-1.5 - Request for legislative appropriations

Current through Register Vol. 56, No. 14, July 15, 2024
The Department shall periodically request that the Legislature appropriate funds under the Water Supply Fund pursuant to the Water Supply Bond Act of 1981, P.L. 1981, c.261, and amendments thereto.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 7:1A-1.6 - Procedure for obtaining a water supply loan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each potential applicant for a water supply loan shall:
1. Determine if it meets the eligibility criteria of 7:1A-3.1, 4.1, 5.1, 7.3 or 7.4, as appropriate;
2. Arrange for a preapplication conference as required in 7:1A-2.3;
3. Complete the application procedures required by 7:1A-2.4 or 7:1A-7.4(b), as applicable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 7:1A-1.7 - 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 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall prescribe procedures and requirements for the award of State loans for projects which will effectuate the purposes of the Water Supply Management Act, 58:1A-1 et seq., the Safe Drinking Water Act, 58:12A-1 et seq., 58:12A-22 through 58:12A-25, and the Water Supply Bond Act of 1981, P.L. 1981, c.261, as amended by P.L. 1983, c.355, and as recommended by the New Jersey Statewide Water Supply Plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.3 - Preapplication procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every applicant shall request an informal conference prior to making a formal application for a loan. During the conference the Department shall identify and explain all loan application documents. It shall also identify and answer questions concerning other Departmental permits the applicant must obtain prior to being awarded a loan. This conference is not part of the application procedure and verbal statements made during the conference shall not bind the Department. Such conferences may be waived at the discretion of the Department.
(b) Questions concerning the program and requests for a preapplication conference should be directed to:
Department of Environmental Protection
Water Supply Element
CN 426
Trenton, New Jersey 08625
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.5 - Use and disclosure of information

Current through Register Vol. 56, No. 14, July 15, 2024
All loan applications, preapplications, and other submittals, when received by the Department, constitute public records. The Department shall make them available to persons who request their release, to the extent allowed by New Jersey and Federal law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.6 - Evaluation of application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall notify the applicant that it has received the application and is evaluating it pursuant to this section. Each application shall be subjected to:
1. Preliminary administrative review to determine the completeness of the application;
2. Program, technical, scientific and environmental evaluation to determine the merit and relevance of the project to the Department's program objectives, especially those recommendations described in the New Jersey Statewide Water Supply Plan;
3. Budget evaluation to determine whether proposed project costs are eligible, reasonable, applicable, and allowable; and
4. Final administrative evaluation;
5. In cases of loans for water supply contamination problems, priority scoring of each application shall be made as soon as possible.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.7 - Department approval/disapproval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After a full review and evaluation of an application, the Department shall take one of the following actions:
1. Approve for priority ranking, if applicable, and possible loan;
2. Disapprove the application;
3. Approve for immediate funding, if available.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.8 - Amount and terms of loan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The amount of the loan, determined by the Department, shall be based upon eligible project costs as set forth in this chapter.
(b) The interest rate for loans made pursuant to the Water Supply Bond Act of 1981, P.L. 1981, c.261, shall be established at a rate deemed appropriate by the Department of the Treasury, or as specified in appropriation acts.
(c) For rehabilitation and interconnection loans, the loan maturity period shall be for a period of no more than 10 years from the date payments to the borrower begin, unless a longer loan maturity period not to exceed 20 years can be justified to the satisfaction of the Department. For Type A funding the loan maturity period shall be for a period of no more than 20 years from the date that payments to the borrower begin. Principal and accrued interest may be prepaid by the borrower prior to the end of the loan maturity period without penalty.
(d) A rate schedule setting forth the amounts charged for sale of water by the borrower shall be established for each rehabilitation, interconnection or water supply replacement loan. For all borrowers, a portion of receipts, as stipulated by the loan award document, shall be dedicated to a specific fund for the purpose of assuring repayment of the loan by the borrower. The Department may require additional collateral to secure the loan when deemed necessary.
1. When applicable, a New Jersey Board of Public Utilities approved rate schedule setting forth the amounts charged for the sale of water by the borrower shall be established.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.9 - Loan award document

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall prepare and transmit three copies of the loan award document to the applicant.
1. The applicant shall execute the loan award document and return it within 30 calendar days after receipt. The Department may, in its discretion, extend the time for execution. The loan award document shall be signed by a person authorized by resolution or ordinance to obligate the applicant to the terms and conditions of the loan award document.
2. The loan award document shall set forth the terms and conditions of the loan, 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 document shall be deemed to incorporate all requirements, provisions, and information in documents or papers submitted to the Department in the application process.
4. After the Department has completed its internal processing of the loan award document it shall transmit a copy of the executed loan award document to the borrower.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.10 - Effect of loan award

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The loan award document shall become effective immediately after its execution by the Department and the applicant, and shall constitute an obligation of the applicable fund in the amount and for the purposes stated in the loan award document.
(b) The award of the loan shall not commit or obligate the Department to award any continuation loan to cover cost overruns for any project. The Department's policy is that cost overruns for any project or portion thereof are solely the responsibility of the borrower.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.11 - Notice of intent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall send a Notice of Intent to Award a loan to those approved applicants ranking high enough on the appropriate priority list, if applicable, to receive funds.
(b) The applicants receiving a Notice of Intent to Award a loan shall obtain all necessary Federal, State and local permits and approvals within six months of receipt of the Notice of Intent to Award a loan. Failure to obtain the required permits within the required time period shall make the project ineligible for a loan for that application period unless prior approval for an extension has been granted by the Department pursuant to 7:1A-2.12(h).
(c) If subsequent to the issuance of a Notice of Intent to Award, the applicant discovers that costs will exceed those previously estimated, or that the scope of the project will be modified, or any other circumstances appear which affect the award of priority points, the applicant shall notify the Department immediately. The Department shall then recalculate, if appropriate, the applicant's priority determination utilizing the new information submitted.
1. At the discretion of the Department, the Notice of Intent to Award may be recalled if the revised priority determination indicates that some other project should be given priority for selection or that sufficient funds would not be available for the project, or that the project no longer meets exigency standards as defined at 7:1A-5.2(b).
2. In addition, if any changes in the project costs, scope or other circumstances result in a reduction in the total eligible loan amount from the total amount specified in the Notice of Intent to Award, the Notice of Intent to Award may be recalled and revised to reflect the irrevocable reduction in the total eligible loan amount approved for the project.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.12 - Project development phase of water supply loan program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each applicant receiving a Notice of Intent to Award a loan shall arrange to have a pre-design conference within 30 days after receipt of the notice, and shall submit all materials required by this section to the Department within six months after receipt of the notice or within the time limits of any extension granted pursuant to (h) below.
(b) During the pre-design conference, the Department shall identify and explain the requirements of this section, including design criteria and review of the requirements of the Environmental Assessment specified in (e) below. Based on information furnished by the applicant, the Department shall also determine if an approval is required for the project or any portion thereof pursuant to the Standards for Construction of Public Community Water Systems, N.J.A.C. 7:10-11.
1. If an approval is not required pursuant to the construction standards referred to in (b) above, the applicant shall still be required to comply with the requirements of said construction standards.
2. If an approval is required pursuant to the construction standards referred to in (b) above, the Department shall provide reasonable assistance to the applicant to insure compliance with the requirements of said construction standards as applicable. The Department reserves the right to require approval in accordance with said construction standards at a later date should revised or additional information so indicate.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.13 - Eligible project costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Project costs shall be allowed to the extent permitted by this chapter and the loan award document. Eligible project costs shall be those costs set forth below:
1. Repair, replacement, or reconstruction of all or part of any obsolete, damaged, antiquated, or inadequately operating water supply facilities, or any obsolete or antiquated water supply interconnection or construction of a new interconnection, or the planning, design and construction of water supply facilities or public water systems to address contamination problems as identified by the Department, within the scope of the approved feasibility study, including planning costs when so approved by the Department;
2. Geological and hydraulic services;
3. Interconnection testing;
4. Engineering and inspection costs;
5. Legal expenses;
6. Financial, professional, and other estimates and advice;
7. All other such expenses as may be necessary or incidental to the administration, financing, construction, reconstruction, and completion of the project, or part thereof and the placing of same in operation except as excluded by this section.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.14 - Unused loan funds

Current through Register Vol. 56, No. 14, July 15, 2024
Funds saved from projects whose actual eligible implementation costs are less than the estimated eligible costs, shall be retained by the State and deposited in the applicable fund to be applied to new water supply rehabilitation, interconnection or contamination projects, as appropriate, pursuant to the act and this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.15 - Recycling of funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to Federal and/or State law, funds from repayment of loans issued under the authority of the Water Supply Bond Act of 1981 and this chapter shall be deposited in the Water Supply Fund created pursuant to the Water Supply Bond Act of 1981 and shall remain available for further disbursements as new loans to be awarded pursuant to this chapter.
(b) Funds from repayment of loans issued under the authority of acts other than the Water Supply Bond Act of 1981 or other bond acts shall be deposited in the Water Supply Replacement Trust Fund and shall remain available for further disbursement as new loans to be awarded pursuant to this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.16 - Fraud and other unlawful or corrupt practices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The borrower shall administer loans, award contracts and subcontracts pursuant to the loans free from bribery, graft, and other corrupt practices. The borrower bears the primary responsibility for the prevention, detection and cooperation 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 any matter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.17 - Loan conditions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following requirements, in addition to such other statutes, rules, terms and conditions as may be applicable to particular loans, are conditions of each loan and conditions precedent to each payment under a loan award document:
1. The borrower shall certify that the project or phase of the project was initiated and completed in accordance with the time schedule specified in the loan award document.
2. The borrower must submit proof of it and its contractors, and subcontractors, compliance with all hazard insurance requirements of the loan award document and certify that the insurance is in full force and effect and that the premiums have been paid.
3. The borrower shall certify that it and its contractors and subcontractors are maintaining their financial records in accordance with accounting principles required by New Jersey law.
4. The borrower shall certify that it and its contractors and their subcontractors are in compliance with the discrimination and affirmative action provisions of 10:2-1 through 10:2-4, the New Jersey Law Against Discrimination, 10:5-1 et seq., and the rules and regulations promulgated pursuant thereto.
5. The borrower shall certify that the borrower includes in all its construction or development contracts for the project a requirement that the contractor post a performance bond or other performance guarantee in an amount equal to the full cost of the project.
i. This performance bond or guarantee shall remain in effect until the Department's final inspection of the project and determination in writing that the project is satisfactorily completed.
ii. The performance bond or performance guarantee shall be both nondiscriminatory and financially satisfactory to the Department, and meet all statutory requirements.
6. The borrower shall certify that it is in compliance with all other requirements and conditions of the loan award document.
7. Bid specifications shall require that water supply project elements which constitute ineligible project costs be bid as separate line items in the total bid specifications from water supply project elements which constitute eligible project costs.
8. Bid specifications shall require that each general contractor bidding on the water supply project name the principal subcontractors at the time of his bid submission to the borrower.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.18 - Administration and performance of loan

Current through Register Vol. 56, No. 14, July 15, 2024
The borrower bears primary responsibility for the administration and success of the project, including any subagreements made by the borrower for accomplishing loan objectives. Although borrowers are encouraged to seek the advice and opinion of the Department on problems that may arise, the giving of such advice shall not shift the responsibility for final decisions to the Department. The primary concern of the Department is that loan funds awarded be used in conformance with these rules and the loan agreements to achieve loan objectives and to insure that the purposes set forth in the Water Supply Bond Act of 1981, and amendments, and the recommendations of the New Jersey Statewide Water Supply Plan are fully executed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.19 - Access

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The borrower and its contractor and subcontractors shall provide access to the Department personnel and any authorized representative of the Department to the facilities, premises and records related to the project.
1. All contracts executed by the borrower and its contractors and subcontractors shall contain provisions allowing for departmental access to any facilities, premises and records related to the project.
2. The borrower shall submit to the Department such documents and information as requested by the Department.
i. All borrowers, contractors and subcontractors may be subject to a financial audit.
ii. Records shall be retained and available to the Department for a minimum of three years after issuance of the final payment by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.20 - State payment

Current through Register Vol. 56, No. 14, July 15, 2024
State 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 payments are made, they will be equal to the loan amount corresponding to the percent of the total project completed. Ten percent of all payments shall be withheld until the whole project has been completed to the satisfaction of the Department. No payments shall be made until the Department receives satisfactory cost documentation which shall include all forms and information required by the Department and completed in a manner satisfactory to the Department. In the case of interconnection loan projects, the ten percent final payment shall not be made until an Operation and Maintenance Manual for the interconnection project has been approved and a final agreement between interconnected parties for carrying out Operation and Maintenance responsibilities has been executed and approved by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.21 - Assignment

Current through Register Vol. 56, No. 14, July 15, 2024
The right to receive payment from the State under a loan may not be assigned, nor may payments due under a loan be similarly encumbered.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.22 - Publicity and signs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Press releases and other public dissemination of information by the borrower concerning the project work shall acknowledge State loan support.
(b) A project identification sign, at least eight feet long and four feet high, bearing the emblem of 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 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.23 - Debarment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No borrower shall enter into a contract for work on a water supply loan project with any person debarred, suspended or disqualified from Department contracting pursuant to N.J.A.C. 7:1D-2.
(b) Borrowers shall insert in every contract for work on a water supply loan project a clause stating 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) Bid specifications prepared by the borrower shall 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 shall also state that the borrower will immediately notify the Department whenever it appears that 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. 7:1-5, the borrower may take into account the loss of Department loan funds under these regulations which would result from awarding a contract to such bidder, in determining whether such bidder is the lowest responsible bidder pursuant to law; and the borrower may advise prospective bidders that these procedures will be followed.
(e) Any person included on the Treasurer's List 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 present information to the Department why this section should not apply to such person. If the Commissioner of the Department determines that it 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 contract in keeping with 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 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.24 - Project changes and loan modifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A loan modification means any written alteration of the loan terms or conditions, budget or project method or other administrative, technical or financial agreements.
(b) Due to the limited amount of funds available for water supply projects there shall be no loan modification increasing the loan amount. Increased costs resulting from a loan modification shall be the responsibility of the borrower.
(c) The borrower shall promptly notify the Administrator in writing (certified mail, return receipt requested) of events or proposed changes which may require a loan modification including but not limited to:
1. Rebudgeting;
2. Changes in approved technical plans or specifications for the project;
3. Changes which may affect the approved scope or objective of a project;
4. Significant, changed conditions at the project site;
5. Deceleration in the time for the performance of the project or any major phase thereof;
6. Changes which may increase or substantially decrease the total cost of a project;
7. Changes in key personnel identified in the loan award document or a reduction in time or effort devoted to the project by such personnel.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.25 - Formal loan award amendments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall require a formal loan award amendment to change principal provisions of a loan where project changes substantially alter the cost or time of performance of the project or any major phase thereof.
(b) The Department and borrower shall effect a formal loan award amendment only by a written amendment to the loan award document.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.26 - Administrative loan changes

Current through Register Vol. 56, No. 14, July 15, 2024
Administrative changes by the Department, such as change in the designation of key Department personnel or of the office to which a report is to be transmitted by the borrower, or a change in the payment schedule for loans for planning, design, and construction of water supply projects, constitute changes to the loan award document (but not necessarily to the project work) and do not affect the substantive rights of the Department or the borrower. The Department may issue such changes unilaterally. Such changes shall be in writing and shall generally be effected by a letter (certified mail, return receipt requested) to the borrower.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.27 - Other changes

Current through Register Vol. 56, No. 14, July 15, 2024
All other project changes, which do not require formal loan award amendment, require written approval of the Administrator.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.28 - 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 noncompliance with any loan conditions, requirement of this chapter, or loan award document requirement or specifications, the Department may take any of the following actions or combinations thereof:
1. Issue a notice of noncompliance pursuant to 7:1A-2.29;
2. Withhold loan funds pursuant to 7:1A-2.30;
3. Order suspension of the project work pursuant to 7:1A-2.31;
4. Terminate or annul a loan pursuant to 7:1A-2.32 and 7:1A-2.33.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.29 - Notice of noncompliance

Current through Register Vol. 56, No. 14, July 15, 2024
When the Department determines that the borrower is in noncompliance with any condition or requirement of these rules or with any loan award document specification or requirement, it shall notify the borrower 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 receipt of notice. If the borrower, its engineer, and/or contractor do not take corrective action or if it is not adequate, then the Department may issue a stop work order or withhold payment. The Department may, however, withhold payment pursuant to 7:1A-2.30 or issue a stop work order pursuant to 7:1A-2.31 without issuing a notice pursuant to this section.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.30 - Withholding of funds

Current through Register Vol. 56, No. 14, July 15, 2024
The Department may withhold a loan payment or any portion thereof when it determines in writing that a borrower has failed to comply with any loan condition, provisions of this chapter, or loan award document specification or requirement.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.31 - Stop work orders

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may order work to be stopped for good cause. Good cause shall include, but not be limited to, default by the borrower or noncompliance with the terms and conditions of the loan. The Department shall limit use of a stop work order to those situations where it is advisable to suspend work on the project or portion or phase of the project for important program or Department considerations.
(b) Prior to issuance, the Department shall afford the borrower an opportunity to discuss the stop work order with the Department personnel. The Department shall consider such discussions in preparing the order. Stop work orders 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. Guidance as to action being taken on subagreements;
5. Other suggestions to the borrower for minimizing costs.