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 7:22-6.44 - Rescission of Pinelands grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may, in writing, rescind the Pinelands grant if it determines that:
1. Without good cause therefor, substantial performance of the project work has not occurred;
2. The Pinelands grant was obtained by fraud; or
3. Gross abuse or corrupt practices in the administration of the project have occurred.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.45 - Administrative hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall make the initial decision regarding all disputes arising under a Pinelands grant or loan. The recipient shall specifically detail in writing and in detail the basis for its appeal. When a recipient so requests, the Department shall produce a decision in writing and mail or otherwise furnish a copy thereof to the recipient.
(b) If a recipient wishes to appeal the Department's decision under (a) above, the recipient shall request an administrative hearing within 15 calendar days of a decision by the Department. The request for an administrative hearing must specify in detail the basis for the appeal.
(c) Following receipt of a request for a hearing pursuant to (b) above, the Department may attempt to settle the dispute by conducting such proceedings, meetings and conferences as deemed appropriate.
(d) If the recipient raises a substantial and meritorious issue and such efforts at settlement fail, the Department shall file a request for an administrative hearing with the Office of Administrative Law. Administrative hearings shall be conducted in accordance with the provisions of the Administrative Procedure Act (52:14B-1 et seq.), 52:14F-1 et seq. and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1-1 et seq. promulgated pursuant to those Acts.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 6 - PINELANDS PROCEDURES AND REQUIREMENTS › Section 7:22-6.46 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any section, subsection, provision, clause or portion of this subchapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this subchapter shall not be affected thereby.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 7 - DETERMINATION OF ALLOWABLE COSTS: PINELANDS › Section 7:22-7.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this subchapter represents the policies and procedures for determining the allowability of project costs based on Department policy, appropriate State cost principles and reasonableness.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 7 - DETERMINATION OF ALLOWABLE COSTS: PINELANDS › Section 7:22-7.2 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The cost information contained in this subchapter applies to Pinelands grant and loan assistance awarded on or after the effective date of this subchapter. Project cost determinations are not limited to the items listed in this subchapter. Additional cost determinations based on applicable law and regulations not otherwise addressed herein shall be made on a project-by-project basis. Further, costs that become allowable as a result of adoption after June 30, 1995 of amendments to this subchapter are not allowable costs for a supplemental Pinelands grant or loan if the project sponsor has received final payment under a Pinelands grant or loan agreement prior to the effective date of such amendments.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 7 - DETERMINATION OF ALLOWABLE COSTS: PINELANDS › Section 7:22-7.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
Terms used in this subchapter are defined in accordance with 7:22-6.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 7 - DETERMINATION OF ALLOWABLE COSTS: PINELANDS › Section 7:22-7.5 - Mitigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Allowable costs related to mitigation include:
1. Costs for measures necessary to mitigate direct, adverse, physical impacts resulting from building of the wastewater treatment facilities or measures necessary to mitigate indirect impacts of the project as specified in the Pinelands grant or loan agreement as a special condition;
2. The costs of site screening necessary to comply with the provisions of N.J.A.C. 7:22-10, to complete related studies and plans, or necessary to screen adjacent properties;
3. The cost of monitoring facilities necessary to determine the possibility of water quality deterioration or other environmental impacts resulting from building the project as specified in the Pinelands grant or loan agreement as a special condition.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 7 - DETERMINATION OF ALLOWABLE COSTS: PINELANDS › Section 7:22-7.7 - Real property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Allowable costs for land and rights-of-way include:
1. The cost (including associated legal, administrative and engineering costs) of land acquired in fee simple or by lease or easement of sewer right-of-ways, wastewater treatment plant sites, sanitary landfill sites and sludge disposal areas. These costs include:
i. The cost of a reasonable amount of land, considering irregularities in application patterns, and the need for buffer areas, berms, and dikes;
ii. The cost of land acquired for a soil absorption system for a group of two or more homes;
iii. The cost of land acquired for composting or temporary storage of compost residues which result from wastewater treatment;
iv. The cost of land acquired for storage of treated wastewater in land treatment systems before land application. The total land area for construction of a pond for both treatment and storage of wastewater is allowable if the volume necessary for storage is greater than the volume necessary for treatment. Otherwise, the allowable cost will be determined by the ratio of the storage volume to the total volume of the pond.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 7 - DETERMINATION OF ALLOWABLE COSTS: PINELANDS › Section 7:22-7.8 - Equipment, materials and supplies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Allowable costs of equipment, materials and supplies include:
1. The cost of a reasonable inventory of laboratory chemicals and supplies necessary to initiate plant operations and laboratory items necessary to conduct tests required for plant operation;
2. The costs for purchase and/or transportation of biological seeding materials required for expeditiously initiating the treatment process operation;
3. Cost of shop equipment installed at the wastewater treatment facility necessary to the operation of the facility;
4. The costs of necessary safety equipment, provided the equipment meets applicable federal, State, local or industry safety requirements;
5. A portion of the costs of collection system maintenance equipment. The portion of allowable costs shall be the total equipment cost less the cost attributable to the equipment's anticipated use on existing collection sewers not funded by the Pinelands grant or loan. This calculation shall be based on:
i. The portion of the total collection system paid for by the Pinelands grant or loan;
ii. A demonstrable frequency of need; and
iii. The need for the requirement to preclude the discharge or bypassing of untreated wastewater.
6. The cost of mobile equipment necessary for the operation of the overall wastewater treatment facility, transmission of wastewater or sludge, or for the maintenance of equipment. These items include:
i. Portable stand-by generators;
ii. Large portable emergency pumps to provide "pump-around" capability in the event of pump station failure or pipeline breaks; and
iii. Septage tankers, trailers, and other vehicles having as their sole purpose the transportation of liquid or dewatered wastes from the collector point (including individual or on-site systems) to the treatment facility or disposal site.
7. Replacement parts identified and approved in advance by the Department as necessary to assure uninterrupted operation of the facility, provided they are critical parts or major systems components which are:
i. Not immediately available and/or whose procurement involves an extended "lead-time";
ii. Identified as critical by the equipment supplier(s); or
iii. Critical but not included in the inventory provided by the equipment supplier(s).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 7 - DETERMINATION OF ALLOWABLE COSTS: PINELANDS › Section 7:22-7.9 - Industrial and Federal users

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (b)1 below, allowable costs for wastewater treatment facilities serving industrial and Federal facilities include development of a municipal pretreatment program approvable under 40 C.F.R. Part 403 and 58:10A-6 et seq. and purchase of monitoring equipment and construction of facilities to be used by the municipal wastewater treatment facilities in the pretreatment program.
(b) Unallowable costs for wastewater treatment facilities serving industrial and Federal facilities include:
1. The cost of developing an approvable municipal pretreatment program when performed solely for the purpose of seeking an allowance for removal of pollutants under 40 C.F.R. Part 403 and 58:10A-6 et seq.;
2. The cost of monitoring equipment used by industry for sampling and analysis of industrial discharges to municipal wastewater treatment facilities;
3. All incremental costs for sludge management incurred as a result of the recipient providing removal credits to industrial users beyond those sludge management costs that would otherwise be incurred in the absence of such removal credits.
4. Costs for control or removal of pollutants in wastewater introduced into the wastewater treatment facilities by industrial users, unless the local government unit is required to remove such pollutants introduced from nonindustrial users.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 7 - DETERMINATION OF ALLOWABLE COSTS: PINELANDS › Section 7:22-7.10 - Infiltration/inflow and reserve capacity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Allowable costs related to infiltration/inflow and reserve capacity include:
1. The cost of the wastewater treatment facilities capacity adequate to transport and treat nonexcessive infiltration/inflow under 7:22-6.35 and reserve capacity in accordance with 7:22-6.36.
2. The cost of sewer system rehabilitation necessary to eliminate excessive infiltration/inflow as determined in a sewer system study under 7:22-6.35.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 7 - DETERMINATION OF ALLOWABLE COSTS: PINELANDS › Section 7:22-7.12 - Allowance for planning and design

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For projects for which a Level 1 or Level 2 environmental review is required in accordance with N.J.A.C. 7:22-10.4 and 10.5, respectively, this section provides the method the Department will use to determine both the estimated and final allowance under N.J.A.C. 7:22-6.34 planning and design. The Pinelands grant or loan agreement will include an estimate of the allowance.
(b) The Pinelands Infrastructure Trust share of the allowance may be up to 100 percent of the allowance and shall be based upon the percentage of the Pinelands Infrastructure Trust share of the allowable building cost.
(c) The allowance is not intended to reimburse the recipient for costs actually incurred for planning or design. Rather, the allowance is intended to assist in defraying those costs. Under this procedure, questions of equity (that is, reimbursement on a dollar-for-dollar basis) will not be appropriate.
(d) The estimated and final allowance will be determined in accordance with this section and Table 1 below. In the event that the recipient received a Federal grant or a Pinelands grant or loan for facilities planning, the amount of the allowance is computed by subtracting the amount of the other State or Federal funding for facilities planning funding from the appropriate allowance computed using Table 1.
(e) The initial allowable building cost is the initial allowable cost of erecting, altering, remodeling, improving, or extending wastewater treatment facilities, whether accomplished through subagreement or force account. Specifically, the initial allowable building cost is the allowable cost of the following:
1. The initial award amount of all prime subagreements for building the project;
2. The initial amounts approved for force account work performed in lieu of awarding a subagreement for building the project;
3. The purchase price of eligible real property.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 7 - DETERMINATION OF ALLOWABLE COSTS: PINELANDS › Section 7:22-7.13 - Planning and design costs for Level 3 projects

Current through Register Vol. 56, No. 14, July 15, 2024
For projects for which a Level 3 environmental review is required in accordance with 7:22-10.6, the recipient's costs actually incurred for planning and design activities are allowable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 8 - MINIMUM STANDARDS OF CONDUCT FOR OFFICERS, EMPLOYEES, AGENTS AND MEMBERS OF AUTHORITIES PARTICIPATING IN STATE FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Section 7:22-8.1 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter establishes the minimum standards of conduct for persons participating in any of the State financial assistance programs for environmental infrastructure facilities under N.J.A.C. 7:22-3, 4 and 6 and N.J.A.C. 7:22A-6 and 7.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 8 - MINIMUM STANDARDS OF CONDUCT FOR OFFICERS, EMPLOYEES, AGENTS AND MEMBERS OF AUTHORITIES PARTICIPATING IN STATE FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Section 7:22-8.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.
"Agent" means any person hired to act for an Authority in the conduct of its business.
"Associated party" means any employee, officer, agent, or members of an Authority.
"Authority" means a public body or utility created pursuant to New Jersey law that conveys and/or treats sewage or supplies water within the identified territorial boundaries of a service area.
"Employee" means an individual employed on a regular basis by an Authority.
"Governing body" means the governmental unit(s) having the statutory authority and responsibility for the establishment of an Authority and/or the appointment of its members.
"Members" means those individuals appointed by a governing body to an Authority. The powers of an Authority are vested in these individuals.
"Officers" means those individuals selected by the members to serve in official capacities, such as chairman, vice chairman, secretary or treasurer. In some organizations, some full-time employees may be considered officers; for example, the executive director or chief engineer.
"Person" means any individual, association, partnership or corporation.
"Responsible associated party" means any associated party who by reason of the individual's position has, directly or indirectly through subordinates, the authority and responsibility for initiating, reviewing, approving, or disapproving policy, financial, personnel, or procurement actions of an Authority.
"Supervisor" means an employee responsible for planning, directing, or supervising the work of others in accomplishing the administration, construction, or operation and maintenance activities of an Authority, including, but not limited to:
1. Any individual serving in the capacity of executive director, chief engineer, and/or chief administrative officer, and members of their executive staff; and
2. Any employee responsible for key administrative functions such as personnel, procurement, finance and accounting.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 8 - MINIMUM STANDARDS OF CONDUCT FOR OFFICERS, EMPLOYEES, AGENTS AND MEMBERS OF AUTHORITIES PARTICIPATING IN STATE FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Section 7:22-8.3 - Public accountability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each responsible associated party shall establish controls to safeguard the use of public funds and assure that such funds are not diverted to anyone's personal use.
(b) Each responsible associated party shall act to assure that qualified individuals are employed to operate the facilities of the Authority in accordance with established personnel procedures and practices or otherwise mandated by law.
(c) Each responsible associated party shall avoid noncompetitive procurement practices which restrict or eliminate competition or otherwise restrain trade, except where such noncompetitive practice is specifically and publicly declared by the members to be in the best interest of the public with reasons set forth. They shall review procurement actions to determine whether services and materials are needed, to assure adherence to applicable State and local procurement laws and procedures, and to confirm the adequacy and acceptability of the materials and services provided before authorizing payment.
(d) No associated party shall directly or indirectly use, or allow the use of, real or personal property of an Authority without proper authority. In addition, each associated party has a positive duty to protect and conserve all property, including equipment, materials and supplies entrusted to the individual.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 8 - MINIMUM STANDARDS OF CONDUCT FOR OFFICERS, EMPLOYEES, AGENTS AND MEMBERS OF AUTHORITIES PARTICIPATING IN STATE FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Section 7:22-8.4 - Reserved

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 8 - MINIMUM STANDARDS OF CONDUCT FOR OFFICERS, EMPLOYEES, AGENTS AND MEMBERS OF AUTHORITIES PARTICIPATING IN STATE FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Section 7:22-8.5 - Disclosure by other persons providing services

Current through Register Vol. 56, No. 14, July 15, 2024
Any other person providing professional services to an Authority shall be required to disclose in writing any business, financial or personal interests which might conflict in any way with the interests of that Authority, with regard to the services being rendered.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 8 - MINIMUM STANDARDS OF CONDUCT FOR OFFICERS, EMPLOYEES, AGENTS AND MEMBERS OF AUTHORITIES PARTICIPATING IN STATE FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Section 7:22-8.6 - Conduct in office

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No associated party, other than agents, shall knowingly, themselves or by others on their account, be a party to a sale of materials, supplies, property or services to their employing Authority except for their own contract of personal equipment.
(b) No associated party may solicit or accept any compensation from anyone other than their employing Authority for any service, advice, assistance or other matter relating to their official duties.
(c) No associated party may be employed or act in any other capacity which would involve the acceptance of a fee, compensation or gift which could reasonably result in a conflict of interest or interfere with the efficient performance of their duties.
(d) No associated party shall, directly or indirectly by other persons, use information which comes to them as part of their duties, in any manner for personal or pecuniary gain; nor shall they violate any confidentiality with regard to such information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 8 - MINIMUM STANDARDS OF CONDUCT FOR OFFICERS, EMPLOYEES, AGENTS AND MEMBERS OF AUTHORITIES PARTICIPATING IN STATE FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Section 7:22-8.7 - Representations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No associated party shall, directly or indirectly by others, appear before or negotiate with their employing Authority on behalf of any other person in connection with the following:
1. The acquisition or sale of any interest in real or personal property by their employing Authority.
2. Any cause, proceeding, application or other matter before their employing Authority.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 8 - MINIMUM STANDARDS OF CONDUCT FOR OFFICERS, EMPLOYEES, AGENTS AND MEMBERS OF AUTHORITIES PARTICIPATING IN STATE FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Section 7:22-8.8 through 7:22-8.10 - Reserved

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 9 - AWARDING CONTRACTS FOR STATE ASSISTED PROJECTS TO SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS › Section 7:22-9.1 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter establishes procedures for providing opportunities for socially and economically disadvantaged ("SED") contractors and vendors to supply materials and services under State financed construction contracts for environmental infrastructure facilities. To implement the policies established in 58:11B-26, 40:11A-41 et seq., and 52:32-17 et seq., this subchapter applies to environmental infrastructure projects receiving financial assistance from the Department and the Trust pursuant to N.J.A.C. 7:22-3, 4 and 6 and 7:22A-6 and 7. Under the provisions of N.J.A.C. 7:22-3, 4 and 6 and 7:22A-6 and 7, the Department and the Trust require recipients of Trust and Fund loans and other assistance to establish such programs for socially and economically disadvantaged small business concerns, to designate a project compliance officer, and to submit to the Department and Trust procurement plans for implementing the SED program. In addition, 7:22-3.17(a)24, 4.17(a)24, 6.17(a)24 and 7:22A-2.4(a) provide that a goal of not less than 10 percent be established for the award of contracts to small business concerns owned and controlled by one or more socially and economically disadvantaged individuals. The goal of 10 percent applies to the total amount of all contracts for building, materials and equipment, or services (including planning, design and building related activities) for a construction project. Where a local government unit has a SED participation goal which exceeds 10 percent of the total amount of all contracts, the local government unit must comply with both the Department's rules and the local minority and women-owned business ordinances.
(b) This subchapter also establishes the standards and procedures that will apply to the contracting agencies of grant or loan recipients in the awarding and making of contracts under their SED programs.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 9 - AWARDING CONTRACTS FOR STATE ASSISTED PROJECTS TO SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS › Section 7:22-9.3 - SED utilization requirements for projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A goal of not less than 10 percent (or a higher percentage as may be required by Federal law) of the total amount of all contracts for building, materials and equipment, or services for a project funded by a New Jersey environmental infrastructure facilities financing program must be awarded to SEDs.
(b) The 10 percent SED utilization requirement shall be accomplished by the following:
1. Bids shall be solicited on an unrestricted basis. The bid documents, however, shall include a statement to the effect that the successful bidder must fulfill the SED utilization requirements by subcontracting portions or the work to SEDs; or
2. Contractors also have the option of establishing unrestricted bidding procedures to fulfill the 10 percent SED utilization requirement for the project.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 9 - AWARDING CONTRACTS FOR STATE ASSISTED PROJECTS TO SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS › Section 7:22-9.4 - Requirement to develop SED Utilization Plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each project sponsor shall develop, in consultation with the Office, a plan for achieving its SED utilization requirements (the "project plan"). Development of a plan shall be completed before the Department and, when relevant, the Trust may approve an application pursuant to the applicable program rules.
(b) The project plan shall identify those contracts proposed to be bid on an unrestricted basis. For each unrestricted contract, the project plan shall also identify the SED utilization requirements that the successful bidder shall meet.
(c) All contractors, including SED contractors, shall submit their own SED utilization plan ("contractor's plan"), for the aspects of the project covered by the contract, to the project sponsor and to the Office within 30 days of the awarding of a contract. The Contractor's Plan shall contain provisions to meet the specific SED utilization requirements imposed upon the contractor by the project sponsor as well as to meet the general SED utilization requirements for the project pursuant to this subchapter.
(d) If the contractor does not comply with the requirements of the contractor's plan and the project sponsor does not take steps to otherwise comply with 7:22-9.3(a), the Department and, in the case of a Trust loan, the Trust, may take any of the actions or combinations thereof specified in 7:22-3.40 through 3.44, 7:22-4.40 through 4.44, 7:22-6.40 through 6.44 and 7:22A-1.8 through 1.13.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 9 - AWARDING CONTRACTS FOR STATE ASSISTED PROJECTS TO SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS › Section 7:22-9.5 - Reserved

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 9 - AWARDING CONTRACTS FOR STATE ASSISTED PROJECTS TO SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS › Section 7:22-9.6 - Notice of SED utilization opportunities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All project sponsors, at least 30 days prior to public advertisement for bids, shall notify the agencies specified in 7:22-9.13(a)8, of the availability of opportunities for SEDs to provide services, to bid on unrestricted contracts or subcontracts, or to provide any other necessary purchase or procurement. The notice shall include a description of the type and scope of the services involved.
(b) All notices shall include a statement to the effect that the project or contract is funded in part by New Jersey wastewater treatment financing programs and the successful bidder must comply with all the provisions of 7:22-9.1 et seq. for the participation of small business enterprises owned and controlled by socially and economically disadvantaged individuals.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 9 - AWARDING CONTRACTS FOR STATE ASSISTED PROJECTS TO SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS › Section 7:22-9.7 - Advertisements for SED utilization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All advertisements for bids shall include a statement to the effect that the project or contract is funded in part by New Jersey environmental infrastructure financing programs and the successful bidder must comply with the provisions of N.J.A.C. 7:22-9 for the participation of small business enterprises owned and controlled by socially and economically disadvantaged individuals.
(b) The advertisement for bids shall indicate that:
1. Awards will be made only to socially and economically disadvantaged business concerns that are certified by the New Jersey Commerce, Economic Growth and Tourism Commission, the New Jersey Department of Transportation, the Port Authority of New York and New Jersey, New Jersey Transit or other agencies deemed appropriate by the Office as eligible minority businesses or female businesses; or
2. The invitation to bid is on an unrestricted basis whereby the successful bidder must fulfill the SED utilization requirements. The agencies specified in 7:22-9.13(a)8  will have a list of eligible SED firms and shall, upon request, provide them to the project sponsor. The project sponsor shall, during the advertisement phase, provide copies of the list to all contractors on unrestricted contracts.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 9 - AWARDING CONTRACTS FOR STATE ASSISTED PROJECTS TO SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS › Section 7:22-9.8 - Reserved

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 9 - AWARDING CONTRACTS FOR STATE ASSISTED PROJECTS TO SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS › Section 7:22-9.9 - Reserved

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 9 - AWARDING CONTRACTS FOR STATE ASSISTED PROJECTS TO SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS › Section 7:22-9.10 - Lowest bid resulting in payment of unreasonable price

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the contracting agency determines that the acceptance of the lowest responsible bid will result either in the payment of an unreasonable price or in a contract otherwise unacceptable pursuant to the statutes and rules governing public contracts, the contracting agency shall reject all bids.
(b) Bidders and the office shall be notified of the rejection of all bids, the reasons for the rejection, and the contracting agency's intent to solicit bids for a second time.
(c) If the contracting agency determines a second time that the acceptance of the lowest responsible bid will result either in the payment of an unreasonable price or in a contract otherwise unacceptable pursuant to the statutes and rules governing public contracts, the contracting agency shall reject all bids and notify the Office and, after receipt of the Office's approval, shall amend the project plan accordingly.
(d) Bidders shall be notified of the cancellation, the reasons for the cancellation and the contracting agency's intent to resolicit bids on an unrestricted basis. SEDs may participate in the bidding on an unrestricted basis.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 9 - AWARDING CONTRACTS FOR STATE ASSISTED PROJECTS TO SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS › Section 7:22-9.11 - Project compliance officer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each project sponsor shall designate an officer or employee to serve as its project compliance officer.
(b) The project compliance officer shall be responsible for coordinating SED utilization efforts on the project and for monitoring and enforcing compliance with the affirmative action and SED requirements of the applicable program rules.
(c) SED utilization requirements shall be an agenda item at all contract award meetings and, wherever applicable, at preconstruction conference meetings regardless of whether a loan or grant agreement has been executed or not. Each project sponsor shall be responsible for notifying the Office of the time and place of such meetings.
(d) The project compliance officer shall attend all monthly construction progress meetings.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 9 - AWARDING CONTRACTS FOR STATE ASSISTED PROJECTS TO SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS › Section 7:22-9.12 - Reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The contracting agency shall submit its planning and design SED utilization report to the Office at the time of filing of its grant/loan application.
(b) Each project compliance officer shall submit the contracting agency's monthly progress reports to the Office. Once all SED contractors have been obtained, submittal of this report will no longer be required.
(c) Each project compliance officer shall submit a periodic report on behalf of the project sponsor to the Office according to a schedule announced by the Office. At a minimum, this construction report shall be submitted quarterly; that is, January, April, July and October. Where appropriate, the Office may approve a variation in the frequency of reporting requirements specified in (b) through (d) of this section. This report shall include the following information:
1. The value of each contract and subcontract awarded to SEDs and the total dollar value and number of contracts and subcontracts awarded to SEDs;
2. The percentage of SED utilization in comparison to the cost of each contract, as well as the total percentage of SED utilization (including set aside contracts) in comparison to overall project costs;
3. The types and sizes of the participating SEDs and the nature of goods and services being provided; and
4. The efforts made to publicize and promote the project sponsor's SED utilization plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 9 - AWARDING CONTRACTS FOR STATE ASSISTED PROJECTS TO SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS › Section 7:22-9.13 - Assessment of compliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where the Office determines that a project sponsor has failed or is failing to meet the 10 percent SED utilization requirement, the project sponsor shall, upon the written request of the Office, submit the following:
1.Advertisements;
2. Signed contracts and subcontracts;
3. Documentation of solicitations of bids from SEDs;
4. Copies of Requests for Proposals;
5. Records of telephone quotations;
6.
(Reserved)
7. Adequate and timely notice for encouraging SED participation; and
8. Proof that the assistance of State agencies was solicited, including:
Office of Equal Opportunity and Public Contract Assistance
New Jersey Department of Environmental Protection
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 9 - AWARDING CONTRACTS FOR STATE ASSISTED PROJECTS TO SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS › Section 7:22-9.14 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
Whenever a project sponsor or a contractor has failed to comply with the requirements of this subchapter, including the 10 percent requirement for SED utilization, the Department, or the Department and the Trust, in the case of a Trust loan recipient, may withhold all of the loan or grant money, or a portion thereof, and may take any of the other actions or combinations thereof specified in 7:22-3.40 through 3.44, 7:22-4.40 through 4.44, 7:22-6.40 through 6.44 and 7:22A-1.8 through 1.13 which are remedies for noncompliance with any of the conditions of a loan or grant.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 9 - AWARDING CONTRACTS FOR STATE ASSISTED PROJECTS TO SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS › Section 7:22-9.15 - Administrative hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department and, in the case of a Trust loan, the Trust, shall make a determination regarding all disputes arising under this subchapter. The project sponsor shall specifically detail in writing the basis for its dispute. The Department and/or the Trust shall produce a decision in writing and mail or otherwise furnish a copy thereof to the project sponsor.
(b) A project sponsor may request an administrative hearing within 20 days of receipt of a decision by the Department and/or the Trust. The request for a hearing shall be sent to the New Jersey Department of Environmental Protection, Office of Administrative Hearings and Dispute Resolution, ATTENTION: Adjudicatory Hearing Requests, 401 E. State Street, Mail Code 401-07A, PO Box 420, Trenton, New Jersey 08625-0420. The request for an administrative hearing shall specify in detail the basis for the appeal. Administrative hearings shall be conducted in accordance with the requirements of the Administrative Procedure Act, N.J.S.A. 52:14B et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
(c) Following receipt of a request for a hearing pursuant to (b) above, the Department and/or the Trust may attempt to settle the dispute by conducting such proceedings, meetings and conferences as deemed appropriate.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 9 - AWARDING CONTRACTS FOR STATE ASSISTED PROJECTS TO SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS › Section 7:22-9.16 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any of the provisions of this subchapter are found to be invalid, the remainder of the provisions of this subchapter shall not be affected thereby.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 10 - ENVIRONMENTAL ASSESSMENT REQUIREMENTS FOR STATE ASSISTED ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Section 7:22-10.1 - Scope and construction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter constitutes the rules of the New Jersey Department of Environmental Protection regarding the environmental assessment requirements for projects receiving financial assistance pursuant to N.J.A.C. 7:22-3, 4 and 6 and N.J.A.C. 7:22A-6 and 7.
(b) This subchapter shall be liberally construed to permit the Department to effectuate the purposes of the Bond Acts, the Trust Act, the Pinelands Infrastructure Trust Bond Act ( P.L. 1985, c.302), the Sewage Infrastructure Improvement Act and future bond acts and appropriations passed to provide financial assistance for environmental infrastructure facilities.
(c) This subchapter is promulgated for the following purposes:
1. To implement the purposes and objectives of the Bond Acts, the Trust Act, the Pinelands Infrastructure Trust Bond Act, the Sewage Infrastructure Improvement Act and future bond acts and appropriations passed to provide financial assistance for environmental infrastructure facilities;
2. To establish environmental assessment requirements which must be complied with in order to receive financial assistance provided pursuant to N.J.A.C. 7:22-3, 4 and 6, and N.J.A.C. 7:22A-6 and 7;
3. To protect the public and the State of New Jersey by ensuring that funds appropriated are spent in a proper manner for the intended purposes while avoiding or minimizing adverse environmental impacts; and
4. To identify in a comprehensive manner the environmental objectives and constraints, planning and design requirements, and construction inspection procedures which must be observed in order to achieve the goal of avoiding or minimizing direct and indirect adverse environmental impacts.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 10 - ENVIRONMENTAL ASSESSMENT REQUIREMENTS FOR STATE ASSISTED ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Section 7:22-10.3 - Establishing the level and scope of environmental review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To initiate the planning process, the project sponsor may be required by the Department to attend a preplanning meeting with the Department. When a preplanning meeting is required, the project sponsor shall be required to provide a preplanning summary including a brief written description of the proposed planning area, the environmental infrastructure needs, the preliminary environmental infrastructure alternatives to be considered, and a preliminary appraisal of potential beneficial and adverse environmental and cultural resource impacts of the alternatives. A map of the proposed planning area shall also be included. The planning area must include the entire area expected to benefit from the proposed project as a whole (that is, at a minimum, the potential service area) without regard to the eligibility of individual project components. The length of the planning period will be 20 years, unless otherwise approved by the Department. On the basis of this information, as well as any other information that may be available to the Department, the Department shall make a preliminary decision regarding the level of environmental review (Level 1, 2, or 3) that shall be required. The scope of the environmental review, including environmental information documentation and the Department's evaluation process, shall include the entire planning area and the comprehensive environmental infrastructure project(s) proposed within the planning area.
(b) The Department shall make a preliminary determination regarding the requirements for cultural resource study on the basis of the preplanning summary or other information available, in accordance with 7:22-10.8.
(c) The following projects are exempt from a Level 1, 2 or 3 environmental review:
1. Equipment purchases;
2. Televising of pipes and repair by grouting;
3. Sanitary sewer rehabilitation projects that do not involve an increase in capacity, provided the Department determines that there are no adverse impacts to cultural resources or environmentally critical areas; and/or
4. Water meter replacement in the exact same locations as the existing meters.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 10 - ENVIRONMENTAL ASSESSMENT REQUIREMENTS FOR STATE ASSISTED ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Section 7:22-10.4 - Level 1 environmental review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Projects qualifying for this level of environmental review may include the following categories of projects:
1. Rehabilitation, repair or replacement of existing environmental infrastructure facilities, including land acquisition and conservation;
2. Construction of ancillary facilities or minor improvements to environmental infrastructure facilities which do not:
i. Create a new discharge;
ii. Reduce the level of treatment;
iii. Result in an increase in quantity of flow of an existing discharge;
iv. Involve an increase in water allocation; or
v. Involve the construction of a new water tower.