New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 24A - DAM RESTORATION AND INLAND WATERS PROJECTS LOAN PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 7:24A-1.7 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise.
"Act" means the Green Acres, Clean Water, Farmland and Historic Preservation Bond Act of 1992, P.L. 1992, c. 88, and/or the Dam, Lake, Stream, Flood Control, Water Resources, and Wastewater Treatment Project Bond Act of 2003, P.L. 2003, c. 162, and any subsequent bond acts and legislative appropriations made for the purposes provided in this chapter.
"Administrator" means the Manager of the Bureau of Dam Safety of the Department or other person designated by the Commissioner to carry out the functions of the Administrator.
"Allowable project costs" means the costs which are determined by the Department under the Act and this chapter to be eligible for a dam restoration or inland waters project loan.
"Applicant" means any local government unit that applies independently, or a private lake association or similar organization or private dam owner who has a local government unit as a co-applicant, for a loan pursuant to the provisions of this chapter.
"Bonds" means the bonds authorized under the Green Acres, Clean Water, Farmland, and Historic Preservation Bond Act of 1992, P.L. 1992, c. 88, the Dam, Lake, Stream, Flood Control, Water Resources, and Wastewater Treatment Project Bond Act of 2003, P.L. 2003, c. 162, and subsequent bond acts.
"Borrower" means an applicant who has been awarded a loan pursuant to the Act and this chapter, and who has executed a loan award agreement.
"Commissioner" means the Commissioner of the Department of Environmental Protection or his or her designated representative.
"Construction" means, in addition to the usual meaning thereof, acts of construction, reconstruction, replacement, and improvement, and includes the solicitation of bids in accordance with the Local Public Contracts Law, 40A:11-1 et seq., and the Local Public Contracts rules N.J.A.C. 5:34-1.
"Dam restoration project" means the demolition, reconstruction, rehabilitation, or restoration of a dam that impounds water for water supply, flood control or recreation purposes.
"Department" means the New Jersey Department of Environmental Protection.
"Flood control facility" means any dam, basin, dike, channelization or other measure which provides a flood control benefit to a documented flood-prone, previously developed area.
"Flood control project" means the construction, reconstruction, rehabilitation, or restoration of a flood control facility.
"Fund" means the 1992 Dam Restoration and Clean Water Trust Fund established pursuant to the Green Acres, Clean Water, Farmland and Historic Preservation Bond Act of 1992, P.L. 1992, c. 88 or the 2003 Dam, Lake and Stream Project Revolving Loan Fund, established pursuant to the Dam, Lake, Stream, Flood Control, Water Resources, and Wastewater Treatment Project Bond Act of 2003, P.L. 2003, c. 162.
"Height of dam" means the vertical dimension from the lowest point in the streambed or ground surface at the downstream toe of the dam to the elevation of the top of dam (without camber).
"High hazard dam" means a dam, the failure of which may cause the probable loss of life or extensive property damage, as defined in the Dam Safety Standards at 7:20-1.8.
"Inland waters" means any lake, river, pond, stream, marsh, or freshwater wetland; any floodway, flood fringe area, or flood hazard area as defined in 58:16A-51 or as delineated by the Department pursuant to 58:16A-52; and any area delineated by or for the Federal government which, if appropriately regulated by a local government unit, qualifies the residents therein for Federal flood insurance.
"Inland waters project" means any flood control project, pollution control project, or recreation and conservation project as defined in this chapter.
"Loan" means a loan awarded pursuant to the Act and this chapter.
"Local government unit" means a county or a municipality, or any agency, authority, board, commission, or other instrumentality thereof; or any two or more counties or municipalities operating jointly through a joint meeting or interlocal services agreement, permitted by law, or any agency, authority, board, commission or other instrumentality thereof; or any other local or regional entity created by the legislature as a political subdivision of the State, or any agency, authority, board, commission, or other instrumentality thereof.
"Low hazard dam" means a dam, the failure of which would result in the loss of the dam itself but little or no additional damage to other property, as defined in the Dam Safety Standards at 7:20-1.8.
"Pollution control facility" means any water conveyance or containment facility (basin, well, swale or other practice acceptable to the Department), proposed or existing, which contributes to the abatement of pollution from stormwater runoff, soil erosion, or other nonpoint sources in previously developed areas.
"Pollution control project" means the construction, reconstruction, rehabilitation, or restoration of a water pollution control facility.
"Project costs" means the applicant's expenses incurred in connection with all things deemed by the Department to be necessary or useful and convenient for completion of a project; the execution of any agreements and franchises deemed by the Commissioner to be useful and convenient in connection with any project authorized by the Act; the procurement or provision of engineering, inspection, relocation, legal, financial, planning, geological, hydrological and other professional services, estimates and advice; and organizational, administrative and other work and services, including salaries, equipment and materials necessary to comply with the applicable provisions of the Act.
"Recreation and conservation project" means the construction, rehabilitation, or restoration of a facility, lake or stream to improve the overall quality of inland waters, including the dredging of lakes, cleaning of streams, construction of water quality related facilities to enhance recreational fishing and wildlife preserves, or other practices acceptable to the Department.
"Significant hazard dam" means a dam, the failure of which may cause significant damage to property and project operation, but loss of human life is not envisioned, as defined in the Dam Safety Standards at 7:20-1.8.