reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.21 - Administrative loan changes

Current through Register Vol. 56, No. 14, July 15, 2024
Administrative changes by the Trust, such as a change in the designation of key Trust personnel or of the office to which a report is to be transmitted by the recipient, or a nonsubstantial alteration of the disbursement schedule for Trust loans for construction of environmental infrastructure facilities, constitute changes to the Trust loan agreement (but not necessarily to the project work) and do not affect the substantive rights of the Trust or the recipient. The Trust may issue such changes unilaterally by written notice to the recipient.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.22 - Other changes

Current through Register Vol. 56, No. 14, July 15, 2024
All other project changes, which do not require a Trust loan agreement amendment as stated in 7:22-4.20, require written approval of the Trust.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.23 - Access

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The recipient and its contractor and subcontractors shall provide to Trust personnel and any authorized representative of the Trust access to the facilities, premises and records related to the project.
(b) The recipient shall submit to the Trust such documents and information as requested by the Trust.
(c) The recipient, and all contractors and subcontractors which contract directly with the recipient or receive a portion of Trust moneys, may be subject to a financial audit.
(d) Records shall be retained and available to the Trust until the final Trust 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 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.24 - Trust disbursement

Current through Register Vol. 56, No. 14, July 15, 2024
Disbursement of Trust loan moneys shall be made as indicated in the Trust loan agreement at intervals as work progresses and expenses are incurred by the recipient and as approved by the Trust, but in no event shall total disbursements at any time exceed the cumulative Trust loan amounts indicated in the disbursement schedule of the Trust loan agreement or the allowable costs which have been incurred at that time. No disbursement shall be made until the Trust receives satisfactory cost documentation which must include all forms and information required by the Trust and completed in a manner satisfactory to the Trust.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.25 - Assignment

Current through Register Vol. 56, No. 14, July 15, 2024
The right of a recipient to receive disbursements from the Trust under a Trust loan may not be assigned, nor may repayments due under a Trust loan be similarly encumbered unless such assignment or encumbrance shall have been approved in writing pursuant to the conditions set forth in the Trust loan agreement.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.26 - Unused funds

Current through Register Vol. 56, No. 14, July 15, 2024
Where the total amount disbursed under a Trust loan due to the low bid building cost is less than the initial Trust loan award, and/or where the total amount disbursed under a Trust loan due to the final building cost is less than the Trust loan amount due to the low bid building cost, the difference shall be retained by the Trust to be used for making a recipient's debt service payments until exhausted or for any other purpose as determined by the Trust in accordance with the applicable Trust loan agreement and Trust bond resolution. The difference may also be used to cover a recipient's increased costs due to differing site conditions, as approved by the Trust. Line item adjustments for allowable project costs may be made at the request of the recipient as long as the Trust loan amount in the Trust loan agreement is not exceeded and provided all project related contracts have been awarded. The Trust may allow line item adjustments to reallocate funds resulting from cost underruns due to a reduction in project scope in order to cover costs due to differing site conditions.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.27 - 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 Trust loan support.
(b) A project identification sign bearing the emblem of the Trust shall be displayed in a prominent location at each publicly visible project site and facility. The sign shall identify the project, Trust loan support, and other information as required by the Trust.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.28 - Land acquisition

Current through Register Vol. 56, No. 14, July 15, 2024
The cost for land may be determined to be an allowable cost by the Department in accordance with 7:22-5.7. The recipient shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( P.L. 91-646 (84 Stat. 1894) approved January 2, 1971).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.29 - 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 Trust loan agreement. Failure to promptly initiate and complete a project may result in the imposition of sanctions under this subchapter.
(b) The recipient shall not advertise any contract or any addendum thereto for the building of the project until authorization to advertise the contract or any addendum thereto has been granted by the Department.
(c) The recipient shall not award any subagreement(s) until authorization to award has been given by the Trust.
(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 loan closing, unless a specific extension has been approved by the Trust.
(f) Failure to promptly award all subagreement(s) for building the project shall result in a limitation on allowable costs in accordance with 7:22-5.4(d)5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.30 - 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 project the recipient shall, in writing, notify the Trust.
(b) On the date one year after the initiation of operation, the recipient shall certify to the Trust the performance record of the project. If the Trust or the recipient concludes that the project does not meet the environmental infrastructure facilities' performance standards as specified in the Trust 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 Trust 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 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.31 - 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. 7:22-5, Determination of Allowable Costs: Fund and Trust.
(b) Notwithstanding (a) above, the Trust shall not provide Trust loan moneys for costs of work that the Trust determines is not in compliance with specifications or requirements of project contracts or Trust loan agreements. Costs for work not in compliance with the contracts or agreement unallowable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.32 - Preaward costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Trust shall not consider allowable those costs incurred for building activities, including equipment purchases and open space land acquisition performed or undertaken prior to closing the loan for the project, unless the project sponsor has met the requirements as specified in (a)1, 2 or 3, below:
1. The project sponsor has submitted items required at 7:22-4.11(d)3  through 19 to the Department prior to the advertisement of any contract for which cost reimbursement is being sought; the project sponsor 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 in writing; the project sponsor has not awarded any contract for which cost reimbursement is being sought without the authorization to award the contracts being given by the Department and the Trust in writing; and the project sponsor has taken all required actions consistent with applicable Internal Revenue Service laws, rules and regulations, and provided evidence of such actions in a manner acceptable to the Trust.
2. The project sponsor has submitted items required at 7:22-4.11(d)3  through 19 to the Department and has received the Department's and the Trust's written approval thereof prior to the issuance of a notice to proceed with building the project and has met the provisions of the New Jersey Wastewater Treatment Privatization Act (58:27-1 et seq.), the Water Supply Privatization Act (58:26-1 et seq.) or other applicable procurement method authorized under State law.
3. In emergencies or instances where delay could result in significant cost increases or significant environmental impairment, the Trust may approve certain activities such as procurement of major equipment, sewer replacement or rehabilitation, replacement or rehabilitation of transmission facilities, or building those portions of the environmental infrastructure facilities that are in need of immediate repair. However, advance approval shall not be given until after the Department reviews and approves an environmental assessment and the Trust approves any specific documents necessary to adequately evaluate the proposed action, including compliance with (a)1 or 2 above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.33 - Force account work

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A recipient must secure the Trust'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 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 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.34 - Planning and design

Current through Register Vol. 56, No. 14, July 15, 2024
The actual costs associated with the planning and design of environmental infrastructure facilities are allowable for reimbursement from the Trust or the Trust may provide an allowance to assist in defraying the planning and design costs to a project as a percentage of the allowable building cost in accordance with 7:22-5.12. Projects which have received financial assistance through a Federal grant, Pinelands Infrastructure Trust funding, the Sewage Infrastructure Improvement Act, or the Safe Drinking Water Act for costs associated with any portion of the project scope or for costs to address the project need, will not be eligible to receive reimbursement for actual costs incurred or an allowance for planning and/or design as appropriate in accordance with 7:22-5.12. Planning and/or design costs are not allowable costs under a post-construction supplemental Trust loan to address differing site conditions.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.35 - Infiltration/inflow for wastewater treatment facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An infiltration/inflow analysis is required for sanitary sewer rehabilitation projects 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 sewer system evaluation survey including a cost effectiveness analysis 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.
(e) The provisions of (a) through (d) above are not intended to apply to stormwater runoff collection systems. However, a similar analysis regarding the quality and quantity of infiltration/inflow into a stormwater runoff collection system may be required.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.36 - Reserve capacity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For those wastewater treatment facilities eligible for Trust loans in State fiscal year 1993 and beyond whose project sponsor indicates in its initial loan application that it does not want to exercise its option to receive Trust loan assistance for those costs related to reserve capacity that the Department determines to be unallowable under the provisions of 7:22-3.36, the Trust shall limit the recipient's Trust loan assistance to the cost of the project, to address the wastewater needs for which the planning requirements at N.J.A.C. 7:22-10 have been met, with a capacity based upon flow records, existing unsewered needs and flows anticipated as of the date of initiation of operation as established in the Trust loan agreement.
(b) For those wastewater treatment facilities eligible for Trust loans in State fiscal year 1993 and beyond for which the local government unit indicates in its initial loan application that it wants to exercise its option to receive Trust loan assistance for those costs related to reserve capacity that the Department determines to be unallowable under the provisions of 7:22-3.36, the Trust may offer a market rate Trust loan for such costs.
(c) For those wastewater treatment facilities which received an initial Trust loan in State fiscal year 1992, the Trust may offer a market rate Trust loan for the costs related to the reserve capacity that the Department determines to be unallowable under the provisions of 7:22-3.36 provided the local government unit submits a Trust loan application for such costs in State fiscal year 1993 or 1994 and provided the local government unit submits the loan application for such costs in conjunction with its supplemental Trust loan application (if eligible to receive a supplemental Trust loan).
(d) In no case, however, shall the allowable capacity for existing flows exceed 120 gallons per capita per day for wastewater treatment facilities, or exceed the capacity to address wastewater needs for which the planning requirements at N.J.A.C. 7:22-10 have been met. Flow projections shall be calculated in accordance with 7:14A-23.3 or 7:15-5.18.
(e) For those wastewater treatment facilities which received Trust loans in State fiscal year 1991 or earlier, the Trust shall limit the recipient's Trust loan assistance as described in (a) above.
(f) For water supply facilities, the Trust may offer a market rate Trust loan for the costs related to reserve capacity that the Department determines to be unallowable under the provisions of 7:22-3.36, to address the water supply needs for which the planning requirements at N.J.A.C. 7:22-10 have been met. Unless the applicant indicates in its initial loan application that it wishes to obtain a Trust loan for the unallowable capacity, the Trust loan assistance for the project shall be limited in accordance with 7:22-3.36.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.37 - Value engineering for wastewater treatment facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For wastewater treatment facilities, the applicant shall conduct value engineering if the total estimated building cost exceeds the building cost threshold as established in the Federal Water Pollution Control Act Amendments. As of March 1, 1998, the building cost threshold is $ 10 million.
(b) The value engineering recommendations shall be implemented to the maximum extent feasible.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.38 - Fraud and other unlawful or corrupt practices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The recipient shall administer Trust loans, acquire property pursuant to the award documents, and award contracts and subcontracts pursuant to those loans 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 Trust 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 Trust when such allegation or evidence comes to its attention, and shall periodically advise the Trust 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 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.39 - Debarment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No recipient shall enter into a contract for work on environmental infrastructure facilities 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 Trust loan moneys, 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 Trust loan moneys are used for disbursement to a debarred firm, the Trust reserves the right to immediately terminate (7:22-4.44 ) the Trust 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 Trust loan moneys 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 shall be funded by a Trust loan under this subchapter, may present information to the Trust why this section should not apply to such person. If the Trust determines that it is essential to the public interest and files a finding thereof with the New Jersey Attorney General, the Trust 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 Trust 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 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.40 - 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 Trust loan agreement, in the event of noncompliance with any loan condition, requirement of this subchapter, or contract requirement or specification, the Trust may take any of the following actions or combinations thereof:
1. Issue a notice of noncompliance pursuant to 7:22-4.41;
2. Withhold Trust loan moneys pursuant to 7:22-4.42;
3. Order suspension of project work pursuant to 7:22-4.43;
4. Terminate the Trust loan pursuant to 7:22-4.44; and/or
5. Request that the Department issue administrative orders of enforcement pursuant to the New Jersey Water Pollution Control Act (58:10A-1 et seq.) or the Safe Drinking Water Act (58:12A-1 et seq.).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.41 - Notice of noncompliance

Current through Register Vol. 56, No. 14, July 15, 2024
Where the Trust 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 Trust 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 of if the action taken is inadequate, then the Trust may issue a stop-work order or withhold disbursement. The Trust may, however, withhold disbursement or issue a stop-work order pursuant to 7:22-4.42 and 4.43 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 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.42 - Withholding of funds

Current through Register Vol. 56, No. 14, July 15, 2024
The Trust may withhold, upon written notice to the recipient, a Trust loan disbursement or any portion thereof where it determines that a recipient has failed to comply with any loan condition, provision of this subchapter, or contract specification or requirements.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.43 - Stop-work orders

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Trust 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 loan. The Trust shall limit 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 Trust considerations.
(b) Prior to issuance, the Trust shall afford the recipient an opportunity to discuss the stop-work order with Trust personnel. The Trust 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; and
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 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.44 - Termination of loans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Termination of Trust loans by the Trust shall be conducted as follows:
1. The Trust may terminate a Trust 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 Trust loan agreement;
ii. Default by the recipient;
iii. A determination that the Trust 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. Trust funds have been used for non-allowable costs.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.45 - Administrative hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Trust shall make the initial decision regarding all disputes arising under a Trust loan. The recipient shall specifically detail in writing the basis for its appeal. When a recipient so requests, the Trust 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 Trust. 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 Trust 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 Trust shall file the 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 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.46 - Assistance in the administration of Trust rules

Current through Register Vol. 56, No. 14, July 15, 2024
In evaluating whether a project has complied with or satisfied any requirement or criteria under the Trust rules, including, but not limited to, N.J.A.C. 7:22-4.11, 4.13, 4.17, 4.29, 4.31, 4.35, 4.36, 4.37, 4.43, or 4.45, or in determining what course of action the Trust may decide upon regarding those sections, the Trust shall be entitled to rely upon any advice, certifications, or opinions that may be provided to it by the engineering, professional, or legal staff of the Department or of any other State governmental unit upon which it may call for assistance pursuant to N.J.S.A. 58:11B-5.f
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.47 - Interim loans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A project sponsor is eligible for an interim loan from the Trust provided all of the following conditions are met:
1. The project is listed on the project priority list developed in accordance with 7:22-4.8(a)  for funding in the forthcoming State fiscal year;
2. The project sponsor has submitted a complete application for the project in accordance with 7:22-4.11;
3. The project has been certified for funding by the Trust in accordance with 7:22-4.13;
4. The project is in the fundable range in the forthcoming funding cycle given the project's rank and the anticipated availability of Department and Trust monies for loans; and
5. The project sponsor has not previously received an Interim loan with the Trust for the same project scope.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.48 - 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 5 - ALLOWABLE COSTS: FUND AND TRUST › Section 7:22-5.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this subchapter represent the policies and procedures for determining the allowability of project costs for environmental infrastructure facilities based on Department and Trust 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 5 - ALLOWABLE COSTS: FUND AND TRUST › Section 7:22-5.2 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The cost information contained in this subchapter applies to Fund loan and Trust 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 chapter are not allowable costs for a supplemental loan if the project sponsor has received final payment under a Fund or a Trust 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 5 - ALLOWABLE COSTS: FUND AND TRUST › Section 7:22-5.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
Terms used in this subchapter are defined in accordance with 7:22-3.4 and 7:22-4.4, as appropriate.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 5 - ALLOWABLE COSTS: FUND AND TRUST › Section 7:22-5.5 - 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 environmental infrastructure facilities or measures necessary to mitigate indirect impacts of the project as specified in the Fund or Trust loan agreement as a special condition;
2. The costs of site screening necessary to comply with the Environmental Assessment Requirements for State Assisted Environmental Infrastructure Facilities (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 supply depletion, water quality deterioration or other environmental impacts resulting from building the project as specified in the Fund or Trust loan agreement as a special condition.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 5 - ALLOWABLE COSTS: FUND AND TRUST › Section 7:22-5.6 - Publicly owned small and on-site wastewater treatment systems

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Allowable costs for publicly owned small and on-site wastewater treatment systems serving residences and small commercial establishments include:
1. The cost of major rehabilitation, upgrading, enlarging and installing publicly owned small and on-site systems;
2. Conveyance pipes from property line to off-site treatment unit which serves a cluster of buildings;
3. Treatment and treatment residue disposal portions of toilets with composting tanks, oil flush mechanisms, or similar in-house devices;
4. Treatment or pumping units from the incoming flange when located on private property and conveyance pipes, if any, to the collector sewer;
5. The cost of restoring individual system building sites to their original conditions.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 5 - ALLOWABLE COSTS: FUND AND TRUST › Section 7:22-5.7 - 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, provided the Department or the Trust, as appropriate, approves the cost and the cost is identified in the Fund or Trust loan agreement.
i. For wastewater treatment and stormwater management facilities, the costs of land that will be an integral part of the treatment process or that will be used for the ultimate disposal of residues resulting from such treatment are allowable. These costs include:
(1) The cost of a reasonable amount of land, considering irregularities in application patterns, and the need for buffer areas, berms, and dikes;
(2) The cost of land acquired for a soil absorption system for a group of two or more homes;
(3) The cost of land acquired for composting or temporary storage of compost residues which result from wastewater treatment; and
(4) 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 5 - ALLOWABLE COSTS: FUND AND TRUST › Section 7:22-5.8 - 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 environmental infrastructure 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 Fund or Trust loan. This calculation shall be based on:
i. The portion of the total collection system paid for by the 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 environmental infrastructure facility, transmission of water, 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 or the Trust, as appropriate, 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 5 - ALLOWABLE COSTS: FUND AND TRUST › Section 7:22-5.9 - Industrial and Federal users of wastewater treatment facilities

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. The cost of interceptor or collector sewers constructed exclusively, or almost exclusively, to serve industrial users; and
5. The cost 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 5 - ALLOWABLE COSTS: FUND AND TRUST › Section 7:22-5.10 - 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 7:22-3.35 or 4.35, as applicable, and reserve capacity in accordance with 7:22-3.36 or 4.36, as applicable.
2. The cost of sewer system rehabilitation necessary to eliminate excessive infiltration/inflow as determined in a sewer system evaluation survey under 7:22-3.35 or 7:22-4.35, as applicable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 5 - ALLOWABLE COSTS: FUND AND TRUST › Section 7:22-5.12 - Allowance for planning and design

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For projects whose sponsor does not seek reimbursement of actual planning and design costs, this section provides the method the Department and the Trust will use to determine both the estimated and final allowance under N.J.A.C. 7:22-3.34 and 4.34, planning and design. The Fund or Trust loan agreement will include an estimate of the allowance.
(b) The Fund or Trust share of the allowance may be up to 100 percent of the allowance and shall be based upon the percentage of the Fund or Trust share of the low bid building cost. An increase in the planning and/or design allowance will not be made for increased building costs to address differing site conditions.
(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, Sewage Infrastructure Improvement Act funding, Pinelands funding, or Safe Drinking Water Act funding for facilities planning, the amount of the allowance is computed by subtracting the amount of the other State or Federal funding for facilities planning 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 environmental infrastructure 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 5 - ALLOWABLE COSTS: FUND AND TRUST › Section 7:22-5.13 - 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 for Fund and Trust loans.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 5 - ALLOWABLE COSTS: FUND AND TRUST › Section 7:22-5.14 - Waivers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the application of any Trust loan recipient or potential Trust loan recipient (the "applicant"), the Trust shall waive the application of any provision in this subchapter as applied to any Trust loan upon finding the following:
1. Unusual circumstance(s) beyond the control of the applicant has or will cause an adverse economic impact on the applicant;
2. The granting of the requested waiver would serve to alleviate the adverse economic impact of such unusual circumstance(s) on the applicant; and
3. The granting of the requested waiver is consistent with the purposes and objectives of the Trust Act, the Bond Act or other appropriations to the Trust for the purpose of providing financing to eligible projects, and any amendatory or supplementary acts thereto.