reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall constitute the rules of the New Jersey Department of Environmental Protection governing the disposition of appropriations pursuant to the Pinelands Infrastructure Trust Bond Act of 1985 ( P.L. 1985, c.302) or other monies appropriated to the Pinelands Infrastructure Trust Fund, as well as future bond acts enacted for the purpose of awarding financial assistance to local government units through the issuance of Pinelands grants or loans for the planning, design, and construction of wastewater treatment facilities. As they are enacted, reference to such bond acts shall be added to this section through a notice of administrative change published in the New Jersey Register, pursuant to 1:30-2.7. These rules prescribe the procedures to be followed by the applicant and the Department, respectively, in the application for grants and loans from the Pinelands Infrastructure Trust as well as the administration of these funds, including accounting and record keeping procedures, loan repayment requirements, minimum standards of conduct for recipients, and standards for the construction of wastewater treatment facilities.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.2 - Construction of rules

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall be construed so as to permit the Department and the Pinelands Commission to discharge its statutory functions and to effectuate the purposes of the law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.3 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter is promulgated for the following purposes:
1. To implement the purposes and objectives of the Pinelands Infrastructure Trust Bond Act of 1985 ( P.L. 1985, c.302) and future bond acts;
2. To establish policies and procedures for the distribution of funds appropriated pursuant to the Pinelands Infrastructure Trust Bond Act of 1985 and other monies appropriated to the Pinelands Infrastructure Trust Fund, as well as future bond acts passed, for the purpose of providing financial assistance to local government units through the issuance of Pinelands grants and loans for the costs planning and design, in accordance with 7:22-6.11(e), (f), and (g), and the construction of wastewater treatment facilities necessary to accommodate development in the regional growth areas as defined in the comprehensive management plan. As they are enacted, reference to such bond acts shall be added to this paragraph through a notice of administrative change published in the New Jersey Register, pursuant to 1:30-2.7;
3. To protect the public and the State by insuring that Pinelands Infrastructure Trust funds appropriated are spent in a proper manner and for the intended purposes;
4. To assure that the distribution and use of Pinelands Infrastructure Trust funds is consistent with the laws and policies of the State;
5. To establish minimum standards of conduct to prevent conflicts of interest and to insure proper administration of Pinelands Infrastructure Trust funds;
6. To establish accounting procedures for the administration of Pinelands Infrastructure Trust funds;
7. To establish Pinelands loan repayment requirements for projects receiving loans; and
8. To establish standards for the construction of wastewater treatment facilities.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.5 - Pinelands Infrastructure Trust Fund

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The proceeds from the sale of bonds issued pursuant to section 5.a of the Pinelands Act shall be paid to the State Treasurer and held thereby in a separate interest bearing account specifically dedicated to making grants and low interest loans to local government units for financing the cost of the construction of wastewater treatment facilities.
(b) The moneys in the Pinelands Fund are specifically dedicated and shall be used for the purposes identified in 7:22-6.3; however, no moneys shall be expended from the Pinelands Fund for those purposes without the specific appropriation thereof by the Legislature.
(c) Payments of principal and interest on loans awarded from the Pinelands Fund shall be made to the Pinelands Fund.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.6 - Terms of grants and loans from the Pinelands Infrastructure Trust Fund

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Pinelands Fund may offer grants and loans for up to 100 percent of allowable project costs for the acquisition, construction, improvement, expansion, repair or rehabilitation of all or part of any structure, facility, or equipment necessary for or ancillary to any wastewater treatment facilities and may offer a range of options regarding the term, interest rate and level of loan funding.
(b) The term of the Pinelands loans will generally be 20 years or as indicated in the Pinelands grant or loan agreement. The interest rate will not exceed 50 percent of the Bond Buyer Municipal Bond Index for bonds available for purchase during the last 26 weeks preceding the date of the execution of the loan agreement by the Department. Pinelands loan repayments shall be made by the recipient in accordance with the repayment schedule indicated in the Pinelands loan agreement. Principal and accrued interest with respect to a particular Pinelands loan may, however, be prepaid in accordance with the provisions of the relevant Pinelands loan agreement.
(c) Local government units shall secure all Pinelands loans in a manner acceptable to the Department. Acceptable security arrangements include but are not limited to general obligation bonds of the local government unit, service/deficiency agreement(s) with government units with general taxing power, municipal bond insurance, surety bonds and other arrangements acceptable to the Department.
(d) Pinelands grant and loan proceeds will be disbursed to recipients in accordance with 7:22-6.24.
(e) The specific terms and conditions of the grant or loan shall be incorporated in the Pinelands grant or loan agreement to be executed by the recipient and the State.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.7 - Criteria for project funding priority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall utilize a Pinelands Infrastructure Trust Funding List which will be the same as the priority list of projects contained within the Pinelands Infrastructure Master Plan developed by the Pinelands Commission. The Pinelands Infrastructure Master Plan will be the subject of at least one public hearing held by the Pinelands Commission including a public comment period. Local government units are only eligible for Pinelands Infrastructure Trust funding if they are on the priority list and are ranked by the Pinelands Infrastructure Master Plan. Eligible projects placed on the Pinelands Infrastructure Trust Funding List shall be eligible to receive a Notice of Project Eligibility in accordance with 7:22-6.8. The following must be submitted by the authorized representative of the local government unit to be considered for ranking on the Pinelands Infrastructure Trust Funding List:
1. Brief description of the project including category of need (that is, secondary treatment, advanced treatment, collection system) and any significant change in scope of work from that contained in the Pinelands Infrastructure Master Plan;
2. Brief description of existing and anticipated water quality deficiencies; and
3. Estimated costs associated with building the project, excluding planning and design except as provided in 7:22-6.11(e), (f), and (g). Significant changes in estimated costs shall be outlined.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.8 - Pinelands Infrastructure Trust, State and Federal funding

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Local government units which receive funding through a grant from any Federal program, including a special project grant or loan authorized pursuant to Federal law, or a loan from the New Jersey Wastewater Treatment Trust pursuant to N.J.A.C. 7:22-4 shall also be eligible to receive financial assistance from the Pinelands Infrastructure Trust Fund for the construction of the same work (planning, design or building) within the scope of the project. However, in no case shall the total funding assistance under a Federal grant, special project grant or loan, Trust loan and the Pinelands Fund exceed the total eligible costs. However, local government units which receive funding through a loan from the Wastewater Treatment Fund pursuant to N.J.A.C. 7:22-3 shall not be eligible to receive financial assistance from the Pinelands Infrastructure Trust Fund for construction of the same work within the scope of the wastewater treatment facilities project.
(b) Those local government units whose projects are ranked within the fundable range of the Pinelands Infrastructure Trust Funding List shall receive a Notice of Project Eligibility in accordance with 7:22-6.9. The Department as directed by the Pinelands Commission reserves the right to send a Notice of Project Eligibility to the next highest ranked local government unit(s) for contingency project(s) should the project(s) within the fundable range not proceed as planned.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.9 - Notice of project eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall send a Notice of Project Eligibility to those local government units whose projects rank high enough on the Pinelands Infrastructure Trust Fund List to receive funds. The Department as directed by the Pinelands Commission reserves the right to send a Notice of Project Eligibility to the next highest ranked project(s) outside the fundable range to act as contingency project(s) should the project(s) within the fundable range not proceed as planned. This notice shall not constitute an obligation to provide Pinelands Infrastructure Trust funding for the project. The Notice of Project Eligibility may not be sent to any local government unit who is in current default on any State loan. However, unless the Department determines that repayment of the defaulted loan will be received, a Pinelands grant or loan agreement will not be executed between the Department and the local government unit.
(b) Local government units receiving a Notice of Project Eligibility shall notify the Department within 45 days of receipt as to their intent to proceed with the project and shall submit to the Department a complete application in conformance with 7:22-6.11 within the time period specified in the Notice of Project Eligibility. Failure of the local government unit to respond to the Notice of Project Eligibility within 45 days shall be interpreted as a decision by the local government unit to not apply for Pinelands Infrastructure Trust funding at this time and may result in that project being bypassed on the Pinelands Infrastructure Trust Funding List. Failure to submit the complete application within the time period specified in the Notice of Project Eligibility shall result in the Department's disapproval of the local government unit's loan application unless the Department, at its discretion approves, for good cause, an extension to this period.
(c) Written notice of a bypass or disapproval action shall be sent to the local government unit. As a result of such an action, the project shall be bypassed on the Pinelands Infrastructure Trust Funding List which may allow the next highest ranked contingency project to be within the fundable range on the Pinelands Infrastructure Trust funding list. A bypassed or disapproved project shall remain on the funding list and its priority shall remain the same.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.10 - Pre-application procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Local government units are urged to be familiar with the requirements of this subchapter and to contact the Department early in the planning process so that their projects are in a position to proceed at time of Notice of Project Eligibility.
(b) The Department requires a pre-application conference with potential applicants prior to submission of a formal application for a Pinelands grant or loan. During the conference the Department shall identify and explain all application documents. This conference is not part of the application procedures and verbal statements made during the conference shall not bind the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.12 - Use and disclosure of information

Current through Register Vol. 56, No. 14, July 15, 2024
All applications and other submissions, when received by the Department, constitute public records. The Department shall make them available to persons who request their release to the extent required by New Jersey and/or Federal law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.13 - Evaluation of application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each application shall be subject to:
1. Preliminary administrative review to determine the completeness of the application. The applicant will be notified of the completeness or deficiency of the application;
2. Technical and scientific evaluation to determine the merit and relevance of the project to the Department's objectives and the objectives of the Pinelands Infrastructure Master Plan;
3. Budget evaluation to determine whether proposed project costs are reasonable, applicable, and allowable; and
4. Final administrative evaluation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.14 - Supplemental information

Current through Register Vol. 56, No. 14, July 15, 2024
At any stage during the evaluation process, the Department may require supplemental documents or information necessary to complete its full review of the application. The Department may suspend its evaluation until such additional information or documents have been received.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.15 - Pinelands Infrastructure Trust Fund grant and loan agreements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall prepare and transmit the Pinelands Infrastructure Trust Fund grant or loan agreement to the applicant. The Pinelands grant or loan agreement sets forth the terms and conditions of the Pinelands Infrastructure Trust Fund grant or loan, approved project scope, allowable and unallowable project costs, estimated disbursement schedule, estimated loan repayment schedule and the approved commencement and completion dates for the project or major phases thereof.
(b) The Pinelands Infrastructure Trust Fund grant or loan agreement shall be executed by the applicant within such period of time and pursuant to such terms and conditions as the Department may determine. Such determinations shall be made in consultation with the Pinelands Commission and in consideration of any conditions identified in the Pinelands Infrastructure Master Plan.
(c) The Department, pursuant to such terms and conditions as it may determine, may require the applicant to irrevocably commit itself through a loan commitment letter, escrow agreement or other similar document to borrow the amount for which it has made application under the terms and conditions of the Pinelands Infrastructure Trust Fund grant or loan agreement transmitted to the applicant.
(d) The Pinelands grant or loan agreement and/or loan commitment letter, escrow agreement or other similar document shall be executed by a person authorized by resolution to obligate the applicant to the terms and conditions of the particular document for the project specified therein. A certified copy of the authorizing resolution shall be delivered to the Department at the time that the executed Pinelands grant or loan agreement, loan commitment letter, escrow agreement or other similar document is delivered to the Department.
(e) The Pinelands grant or loan agreement is deemed to incorporate all requirements, provisions, and information in documents or papers submitted to the Department in the application process.
(f) The Pinelands grant or loan agreement shall not be executed by the State if the applicant is in current default on any State loan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.16 - Grant and loan awards and closing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the execution of the Pinelands grant or loan agreement by the Department and the recipient, the grant or loan shall be deemed awarded and the agreement becomes effective and constitutes an obligation of the Pinelands Infrastructure Trust Fund in accordance with its terms and conditions. The obligation of the State under a Pinelands grant or loan agreement is contingent upon the availability of appropriated funds from which disbursements can be made. The Pinelands grant or loan is considered closed as indicated in the Pinelands grant or loan agreement.
(b) The award or closing of the Pinelands grant or loan does not commit or obligate the Department to award any continuation or supplemental funds to cover cost overruns of the project. Cost overruns for any project or portion thereof are the sole responsibility of the recipient.
(c) The award or closing of a Pinelands grant or loan by the State can not be used as a defense by the applicant to any action by any agency for the applicant's failure to obtain all requisite permits, licenses and operating certificates.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.18 - Administration and performance of funds

Current through Register Vol. 56, No. 14, July 15, 2024
The recipient bears primary responsibility for the administration and success of the project, including any subagreements made by the recipient for accomplishing funding objectives. Although recipients are encouraged to seek the advice and opinion of the Department on problems that may arise, the giving of such advice does not shift the responsibility for final decisions from the recipient to the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.19 - Project changes and grant or loan modifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Pinelands grant or loan modification means any written alteration of the terms or conditions, budget or project method or other administrative, technical or financial provisions of the Pinelands grant or loan agreement.
(b) The recipient shall promptly notify the Department in writing (certified mail, return receipt requested) of events or proposed changes which may require a Pinelands grant or 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 objectives of the project;
4. Significant, changed conditions at the project site;
5. Acceleration or deceleration in the time for performance of the project or any major phase thereof; and
6. Changes which may increase or substantially decrease the total cost of a project;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.20 - Pinelands grant or loan agreement amendments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department, in consultation with the Pinelands Commission, shall require a Pinelands grant or loan agreement amendment to change principal provisions of a Pinelands grant or loan agreement where the Department determines that project changes substantially alter the objective or scope of the project or time of performance of the project or any major phase thereof, or to change substantially a term or condition of the Pinelands grant or loan agreement.
(b) In the event that a project has a need for additional moneys due to the low bid building cost being higher than the original Pinelands grant or loan amount, the local government unit may request a supplemental Pinelands grant or loan. After consultation with the Pinelands Commission, the Department may award a supplemental Pinelands grant or loan only after legislative approval, and only with a Pinelands grant or loan agreement. The recipient shall be responsible for all other increased costs.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.21 - Administrative grant or loan changes

Current through Register Vol. 56, No. 14, July 15, 2024
Administrative changes by the Department, such as a change in the designation of a key Department personnel or of the office to which a report is to be transmitted by the recipient, or a non-substantial alteration of the disbursement schedule for Pinelands grants or loans for construction of wastewater treatment facilities, constitute changes to the Pinelands grant or loan agreement (but not necessarily to the project work) and to not affect the substantive rights of the Department or the recipient. 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 recipient.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.22 - Other changes

Current through Register Vol. 56, No. 14, July 15, 2024
All other project changes, which do not require a Pinelands grant or loan agreement amendment as stated in 7:22-6.20, require written approval of the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.23 - Access

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The recipient and its contractors and subcontractors shall provide to Pinelands Commission personnel, Department personnel and any authorized representative of the Department access to the facilities, premises and records related to the project.
(b) The recipient shall submit to the Department such documents and information as requested by the Department.
(c) The recipient, and all contractors and subcontractors which contract directly with the recipient or receive a portion of State moneys, may be subject to a financial audit.
(d) Records shall be retained and available to the Department until the final loan repayment has been made by the recipient.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.24 - State disbursement

Current through Register Vol. 56, No. 14, July 15, 2024
Disbursement of Pinelands grant and loan moneys shall be made as indicated in the Pinelands grant or loan agreement at intervals as work progresses and expenses are incurred by the local government unit and as approved by the Department, but in no event shall total disbursements at any time exceed the cumulative Pinelands grant and loan amounts indicated in the disbursement schedule of the Pinelands grant and loan agreement or the allowable costs which have been incurred at that time. No disbursement shall be made until the Department receives satisfactory cost documentation which must include all forms and information required by the Department and completed in a manner satisfactory to the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.25 - Assignment

Current through Register Vol. 56, No. 14, July 15, 2024
The right of a recipient to receive disbursements from the State under a Pinelands grant or loan may not be assigned, nor may repayments due under a Pinelands loan be similarly encumbered, unless such assignment or encumbrance has been approved in writing pursuant to the conditions set forth in the Pinelands grant or loan agreement.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.26 - Unused funds

Current through Register Vol. 56, No. 14, July 15, 2024
Where the total amount disbursed under a grant or loan due to the low bid building cost is less than the initial Pinelands grant or loan award, and/or where the total amount disbursed under a Pinelands grant or loan due to the final building cost is less than the Pinelands grant or loan amount due to the low bid building cost, the Pinelands grant or loan shall be adjusted, if necessary, and the difference shall be retained by the Pinelands Infrastructure Trust Fund to be reallocated, pursuant to the provisions of a legislative appropriations act, to other wastewater treatment facilities projects. However, where allowable cost overruns occur, Pinelands moneys may be used to cover these cost overruns up to the grant or loan amount adjusted due to the low bid building cost. Line item adjustments for allowable project costs may be made at the request of the recipient provided the Pinelands grant or loan amount in the Pinelands grant or loan agreement is not exceeded and provided all project related contracts have been awarded. However, the Department shall not allow line item adjustments to reallocate funds resulting from cost underruns due to a reduction in project scope.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.27 - Publicity and signs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Press releases and other public dissemination of information by the recipient concerning the project work shall acknowledge State grant and/or loan support.
(b) A project identification sign, at least eight feet long and four feet high, bearing the emblem of the Pinelands Commission shall be displayed in a prominent location at each publicly visible project site and facility. The sign shall identify the project, the amount of financial assistance from the Pinelands Infrastructure Trust Fund, and other information as required by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.28 - Land acquisition

Current through Register Vol. 56, No. 14, July 15, 2024
The acquisition of land (including sewer rights-of-way) shall be eligible for Pinelands Infrastructure Trust funding in accordance with 7:22-7.7.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.29 - Project initiation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The recipient shall expeditiously initiate and complete the project in accordance with the project schedule contained in the Pinelands grant or loan agreement. Failure to promptly initiate and complete a project may result in the imposition of sanctions included in this subchapter.
(b) The recipient shall not advertise any contract and or addendum thereto for the building of the wastewater treatment facilities until authorization to advertise the contract or any addendum thereto has been granted by the Department. Further, the recipient shall be required to execute the engineering agreement for building services prior to, or concurrently with, receipt of authorization to advertise. The recipient shall transmit an executed copy of the engineering agreement for building services to the Department immediately upon its execution.
(c) Once bids for building the wastewater treatment facilities are received, the recipient shall not award any subagreement(s) until authorization to award has been given by the Department.
(d) The recipient and the contractor to whom the subagreement(s) has been awarded shall attend a preconstruction conference with Department personnel prior to the issuance of a notice to proceed.
(e) The recipient shall award the subagreement(s) and issue notice(s) to proceed, where required, for building all significant elements of the project no later than 12 months after the grant or loan closing, unless a specific extension has been approved by the Department.
(f) Failure to promptly award all subagreement(s) for building the project shall result in a limitation on allowable costs in accordance with 7:22-7.4(b)4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.30 - Project performance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 30 days of the actual date of initiation of operation of the wastewater treatment facilities the recipient shall, in writing, notify the Department.
(b) For the wastewater treatment process portion of the project, on the date one year after the initiation of operation, the recipient shall certify to the Department the performance record of the project. If the Department or the recipient concludes that the project does not meet the wastewater treatment facilities' performance standards as specified in the Pinelands grant or loan agreement, the recipient shall submit the following:
1. A corrective action report which includes an analysis of the cause of the project's failure to meet the performance standards and an estimate of the nature, scope and cost of the corrective action necessary to bring the project into compliance;
2. The schedule for undertaking in a timely manner the corrective action necessary to bring the project into compliance; and
3. The scheduled date for certifying to the Department that the project is meeting the specified performance standards.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.31 - Allowable project costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Project costs shall be determined allowable to the extent permitted by N.J.A.C. 7:22-7, Determination of Allowable Costs: Pinelands.
(b) Notwithstanding (a) above, the Department shall not participate in costs for work that the Department determines is not in compliance with specifications or requirements of project contracts or Pinelands grant or loan agreement. Costs for work not in compliance with the contracts or agreement are unallowable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.32 - Preaward costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall not consider allowable those costs incurred for building performed prior to closing the grant or loan for the project, unless the local government unit has met the requirements as specified in (a)1 or 2 below:
1. For allowable building costs, if the local government unit has met (a)1i through iii or (a)1iv:
i. The local government unit has submitted items required at 7:22-6.11(d)3  through 20, to the Department prior to the advertisement of any contract for which cost reimbursement is being sought.
ii. The local government unit has not advertised any contract or any addendum thereto, for which cost reimbursement is being sought, without the authorization to advertise the contracts or any addendum thereto being given by the Department.
iii. The local government unit has not awarded any contract for which cost reimbursement is being sought without the authorization to award the contracts being given by the Department.
iv. The local government unit has submitted items required at 7:22-6.11(d)3  through 20 to the Department prior to the issuance of a notice to proceed for building the project and has met the provisions of the New Jersey Wastewater Treatment Privatization Act (58:27-1 et seq.) or other applicable procurement method authorized by State law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.33 - Force account work

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A recipient must secure the Department's prior written approval for use of force account work for construction, construction-related activities or for repairs or improvements to a facility where costs shall exceed $ 25,000.
(b) The recipient shall demonstrate that:
1. The work can be accomplished cost effectively by the use of force account; or
2. Emergency circumstances necessitate its use.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.34 - Planning and design

Current through Register Vol. 56, No. 14, July 15, 2024
The costs associated with the planning and design of wastewater treatment facilities are ineligible for reimbursement from the Pinelands Fund unless Pinelands Commission approval for separate planning and design costs or for costs related to the preparation of an environmental impact statement has been obtained. However, an allowance to assist in defraying the planning and design costs shall be provided to a project as a percentage of the allowable building cost in accordance with 7:22-7.12.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.35 - Infiltration/Inflow

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An infiltration/inflow analysis shall be required as part of the Project Report/Facilities Plan.
(b) The applicant shall demonstrate to the Department's satisfaction that each sewer system discharging into the wastewater treatment facility is not or will not be subject to excessive infiltration/inflow. For combined sewer overflow projects, in no case shall inflow be considered excessive.
(c) If the rainfall induced peak inflow rate results or will result in chronic operational problems or system surcharging during storm events or the rainfall induced total flow rate exceeds 275 gallons per capita per day during storm events, the applicant shall perform a study of the sewer system to determine the quantity of excessive inflow and shall propose a rehabilitation program to eliminate the excessive inflow.
(d) If the flow rate at the existing wastewater treatment facility is less than 120 gallons per capita per day during periods of high groundwater, the applicant shall design the project including sufficient capacity to transport and treat any existing infiltration. If the applicant demonstrates that its sewer system is subject to excessive infiltration of 120 gallons per capita per day or more during periods of high groundwater, the applicant shall perform a sewer system evaluation survey including a cost effectiveness analysis and shall propose a rehabilitation program to eliminate the excessive infiltration.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.36 - Reserve capacity

Current through Register Vol. 56, No. 14, July 15, 2024
The Department shall limit the recipient's Pinelands grant or loan assistance to the cost of the project based on the ultimate build out capacity as defined by the Pinelands Commission. Design shall be based on up to 120 gallons per capita per day for existing flows and flow projections calculated in accordance with 7:14A-23.3 and 7:15-5.18.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.37 - Fraud and other unlawful or corrupt practices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The recipient shall administer funds, acquire property pursuant to the award documents, and award contracts and subcontracts pursuant to those funds free from bribery, graft, and other corrupt practices. The recipient bears the primary responsibility for the prevention, detection, and cooperation in the prosecution of any such conduct. The State shall also have the right to pursue administrative or other legally available remedies.
(b) The recipient 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 recipient shall immediately notify the Department when such allegation or evidence comes to its attention, and shall periodically advise the Department of the status and ultimate disposition of any related matter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.38 - Debarment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No recipient shall enter into a contract for work on a wastewater treatment project with any person debarred, suspended or disqualified from Department contracting pursuant to N.J.A.C. 7:1D-2.
(b) Recipients shall insert in every contract for work on a project a clause stating that the contractor may be debarred, suspended or disqualified from contracting on any project financially assisted by the State or the Department if the contractor commits any of the acts listed in 7:1D-2.2.
(c) The recipient, prior to acceptance of Pinelands Infrastructure Trust funds, shall certify that no contractor or subcontractor is included on the State Treasurer's list of debarred, suspended and disqualified bidders as a result of action by a State agency in addition to that of the Department of Environmental Protection. If Pinelands Infrastructure Trust funds are used for disbursement to a debarred firm, the Department reserves the right to immediately terminate (7:22-6.43 ) the Pinelands loan and/or take such other action pursuant to N.J.A.C. 7:1D-2 as is appropriate.
(d) Whenever a bidder is debarred, suspended or disqualified from Department contracting pursuant to N.J.A.C. 7:1D-2, the recipient may take into account the loss of Pinelands Infrastructure Trust funds under these regulations which result from awarding a contract to such bidder, in determining whether such bidder is the lowest responsive and responsible bidder pursuant to law and the recipient may advise prospective bidders that these procedures shall be followed.
(e) Any person included on the State Treasurer's list as a result of action by a State agency, who is or may become a bidder on any contract which is or will be funded by a Pinelands grant or loan under this subchapter, may present information to the Department why this section should not apply to such person. If the Department determines that it is essential to the public interest and files a finding thereof with the New Jersey Attorney General, the Department may grant 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 action as may be appropriate, pursuant to N.J.A.C. 7:1D-2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.39 - Noncompliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to any other remedies as may be provided by law, or in the Pinelands grant or loan agreement, in the event of noncompliance with any grant or loan condition, requirement of this subchapter, or contract requirement or specification, the Department may take any of the following actions or combinations thereof:
1. Issue a notice of noncompliance pursuant to 7:22-6.40;
2. Withhold Pinelands Infrastructure Trust funds pursuant to 7:22-6.41;
3. Order suspension of project work pursuant to 7:22-6.42;
4. Terminate or rescind the Pinelands grant or loan funds pursuant to 7:22-6.43 or 7:22-6.44; and/or
5. Issue administrative orders of enforcement pursuant to the New Jersey Water Pollution Control Act (58:10A-1 et seq.).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.40 - Notice of noncompliance

Current through Register Vol. 56, No. 14, July 15, 2024
Where the Department determines that the recipient is in noncompliance with any condition or requirement of these rules or with any contract specification or requirement, it shall notify the recipient, its engineer, and/or the contractor of the noncompliance. The Department may require the recipient, its engineer, and/or contractor to take and complete corrective action within 10 working days of receipt of notice. If the recipient, its engineer, and/or contractor fails to take corrective action or if the action taken is inadequate, then the Department may issue a stop-work order or withhold disbursement. The Department may, however, withhold disbursement or issue a stop-work order pursuant to 7:22-6.41 and 6.42 without issuing a notice pursuant to this section.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.41 - Withholding of funds

Current through Register Vol. 56, No. 14, July 15, 2024
The Department may withhold, upon written notice to the recipient, a Pinelands grant or loan disbursement or any portion thereof where it determines that a recipient has failed to comply with any grant or loan condition, provision of this subchapter, or contract specification or requirement.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.42 - 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 recipient or noncompliance with the terms and conditions of the Pinelands grant or loan. The Department shall limit the use of stop-work orders 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 recipient an opportunity to discuss the stop-work order with 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 recipient for materials or services;
4. Guidance as to action being taken on subagreements;
5. Other suggestions to the recipient for minimizing costs.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.43 - Termination of grants or loans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Termination of Pinelands grants or loans by the Department shall be conducted as follows:
1. The Department may terminate a Pinelands grant or loan in whole or in part for good cause. The term "good cause" shall include but not be limited to:
i. Substantial failure to comply with the terms and conditions of the grant or loan agreement;
ii. Default by the recipient;
iii. A determination that the Pinelands grant or loan was obtained by fraud;
iv. Without good cause therefor, substantial performance of the project work has not occurred;
v. Gross abuse or corrupt practices in the administration of the project have occurred; or
vi. Pinelands Infrastructure Trust moneys have been used for nonallowable costs.