reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.32 - Termination of loans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may terminate a loan in whole or in part for good cause subject to negotiation and payment of appropriate termination settlement costs. The term "good cause" shall include but not be limited to substantial failure to comply with the terms and conditions of the loan, or default by the borrower.
1. The Department shall give written notice to the borrower (certified mail, return receipt requested) of intent to terminate a loan in whole or in part at least 10 days prior to the intended date of termination, stating reasons for the proposed termination.
2. The Department shall afford the borrower an opportunity for consultation prior to any termination. After such opportunity for consultation, the Department may, in writing (certified mail, return receipt requested) terminate the loan in whole or in part.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.33 - Annulment of loan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may, in writing, annul the loan if it determines that:
1. Without good cause therefor substantial performance of the project work has not occurred;
2. The loan 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 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.34 - Administrative hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Administrator shall make the initial decision regarding all disputes arising under a loan. The borrower shall be required to specify in writing and in detail the basis for its appeal. When a borrower so requests, the Administrator shall reduce a decision to writing and mail or otherwise furnish a copy thereof to the borrower.
(b) A borrower may request a hearing within 15 days of a decision by the Administrator. The hearing request shall be addressed to: 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, NJ 08625-0420. The request for a hearing shall specify in detail the basis for the appeal.
(c) Following receipt of an acceptable 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 borrower raises a substantial and meritorious issue and such efforts at settlement fail, the Department shall file the request for a hearing with the Office of Administrative Law. Such hearings--shall be granted and conducted in accordance with the provisions of the Administrative Procedure Act, 52:14B-1 et seq. and 52:14F-1 et seq. and any rules promulgated pursuant to those Acts.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 3 - REHABILITATION › Section 7:1A-3.1 - Eligibility and criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any local unit operating an antiquated, obsolete, damaged or inadequately operating water supply transmission facility in need of rehabilitation or repair is eligible for a loan in any application period where it satisfactorily completes the loan application process in a timely manner, meets the eligibility criteria set forth in this subchapter, receives the minimum priority score, and ranks high enough on the priority list to be funded. To receive a loan the project shall meet the following criteria to the satisfaction of the Department.
1. The minimum priority score set out in 7:1A-3.2 below.
2. The project shall be an independent and complete water supply rehabilitation project. An independent and complete project is one which by its implementation alone will render the specified portion(s) of the system adequate and efficient and will accomplish the purpose set forth in the application.
3. The project shall not be excessively expensive or cause unacceptably high environmental damage.
4. The project shall not conflict with any other State projects.
5. The application must be accompanied by adequate explanation of how the local unit plans to repay the loan and pay any other expenses necessary to fully complete and implement the project, the steps it has taken to implement this plan and the steps it plans to take before receiving the loan that will guarantee that at the time of the signing of the loan award document it will be irrevocably committed to repay the loan and pay any other expenses necessary to fully complete and implement the project. The local unit must comply with all standard loan provisions of the State of New Jersey.
6. The application documents shall clearly state and document how the loan will accomplish the goal set out in the application.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 3 - REHABILITATION › Section 7:1A-3.2 - Priority determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each project shall be assigned priority points in accordance with the provisions outlined in this section. A project shall be ranked by the number of priority points it receives.
1. A water supply system serving less than or equal to 10,000 residents shall be eligible for a loan if it receives at least eight priority points.
2. A water supply system serving between 10,001 and 50,000 residents shall be eligible for a loan if it receives at least twelve priority points.
3. A water supply system serving greater than 50,000 residents shall be eligible for a loan if it receives at least 16 priority points.
4. In the instance of systems with a large seasonal variation in the number of residents, the residential population figure utilized for the purpose of this section shall be the mean of the greater and twice the lower residential population as determined by data deemed acceptable to the Department for the most recent calendar year.
5. If in any application period there shall be less eligible projects than funds available for any of the three size categories, the eligible projects shall only be required to receive the minimum number of priority points set forth in (a)1 through 3 above and the remainder of the competitive priority ranking provisions of this section shall be waived.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 4 - INTERCONNECTION › Section 7:1A-4.1 - Eligibility and criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any local unit whose system includes an antiquated, damaged, or inadequate water supply interconnection in need of rehabilitation, or repair or consolidation, or whose system lacks interconnections which qualify either as Class A or as Class B interconnections, as further defined in 7:1A-4.2, is eligible for a loan in any application period where it satisfactorily completes the loan application process in a timely manner, meets the eligibility criteria set forth in this subchapter, receives the minimum priority score, and ranks high enough on the priority list to be funded. A local unit may apply for interconnections with privately owned as well as publicly owned systems. To receive a loan the project shall meet the following criteria to the satisfaction of the Department:
1. Except for the Great Notch and New Brunswick--South River area interconnection projects the minimum priority score set out in 7:1A-4.2.
2. The project shall be an independent and complete water supply interconnection project. An independent and complete project is one which by its implementation alone will accomplish the purpose set forth in the application and raise at least one of the systems interconnected closer to the status of Class A or B interconnections.
3. The project shall have as its basic purpose the interconnection of water supply systems. It shall not be excessively expensive or cause unacceptable environmental damage.
4. The project shall not conflict with any other State projects.
5. The application shall be accompanied by adequate explanation of how the local unit plans to repay the loan and pay any other expenses necessary to fully complete and implement the project, the steps it has taken to implement this plan, and the steps it plans to take before receiving the loan that will guarantee that at the time of the signing of the loan award document it will be irrevocably committed to repay the loan and pay any other expenses necessary to fully complete and implement the project. The local unit shall comply with all standard loan provisions of the State of New Jersey.
6. The application documents shall clearly state and document how the loan will accomplish the goal set out in the application; and
7. No water supply interconnection project is eligible for a loan if construction on the project has commenced prior to filing of the loan application with the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 4 - INTERCONNECTION › Section 7:1A-4.2 - Priority determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each project shall be assigned priority points in accordance with the provisions outlined in this section. A project shall be ranked by the number of priority points it receives.
1. A water supply system serving 10,000 or fewer residents shall be eligible for a loan if it receives at least eight priority points.
2. A water supply system serving between 10,001 and 50,000 residents shall be eligible for a loan if it receives at least 12 priority points.
3. A water supply system serving more than 50,000 residents shall be eligible for a loan if it receives at least 16 points.
4. In the instance of systems with a large seasonal variation in the number of residents, the residential population figure utilized for the purpose of this section shall be the mean of the greater and twice the lower residential population as determined by data deemed acceptable to the Department for the most recent year.
5. If in any application period there shall be less eligible projects than funds available for any of the three size categories, the eligible projects shall only be required to receive the minimum number of priority points set forth in this subsection and the remainder of the competitive priority ranking provisions of this section shall be waived.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 5 - WATER SUPPLY REPLACEMENT PROJECTS (TYPE A LOANS AND TYPE B LOANS) › Section 7:1A-5.1 - Eligibility and criteria (Type A and B loans)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any local unit which has received notification from the Water Supply Element of the Department that groundwater supply contamination problems exist within its jurisdiction which adversely affect the potable water service of at least three dwelling units is eligible for a Type A loan, provided it satisfactorily completes the loan application, meets the eligibility criteria set forth in this subchapter, receives the minimum priority score and ranks high enough on the priority list (as applicable) to be funded. The above requirements shall also apply to any municipality, municipally owned public water system or privately owned public water system seeking a Type B loan. To receive a Type A or Type B loan the project shall meet the following criteria to the satisfaction of the Department:
1. The minimum priority score set out in 7:1A-5.2 below.
2. The project shall be designed to relieve the impact caused by contaminated groundwater on existing publicly owned or individually owned residential water supplies.
3. For the purpose of determining a project area, the following criteria shall be considered by the Department:
i. Extent of pollution;
ii. Area of potential migration; and
iii. Aquifer vulnerability.
4. The maximum loan amount for any one project shall be $ 3,000,000. In awarding a water supply loan, the Department may consider project expense and the degree of environmental impact which the project may have. Any applicant may be eligible to apply for one loan in any application period.
5. The project shall not be excessively expensive or cause unacceptably high environmental damage. The maximum loan amount for any one project shall be $ 3,000,000.
6. The project shall not conflict with any other State project nor enforcement proceedings.
7. The application must be accompanied by adequate explanation of how the applicant plans to repay the loan and pay any other expenses necessary to fully complete and implement the project, the steps it has taken to implement this plan and the steps it plans to take before receiving the loan that will guarantee that at the time of the signing of the loan award document it will be irrevocably committed to repay the loan and pay any other expenses necessary to fully complete and implement the project. The applicant must comply with all standard loan provisions of the State of New Jersey.
8. The application documents shall clearly state and document how the loan will accomplish the goal set out in the application.
9. In cases where the project costs exceed the $ 3,000,000 maximum loan amount the application must be accompanied by a detailed financial assessment indicating how the applicant will finance and repay the entire project costs.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 6 - EMERGENCY INTERIM REHABILITATION LOAN PROCEDURES › Section 7:1A-6.1 - Scope and construction rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following shall constitute the rules governing the issuance by the Department of Emergency Interim Rehabilitation Loans to publicly owned water supply facilities for the purpose of interim rehabilitation and repair of critical water supply service disruptions pursuant to the Water Supply Bond Act of 1981, P.L. 1981, c.261, Section 5. The following provisions of N.J.A.C. 7:1A-1 and 2 shall also apply to the emergency interim rehabilitation loan procedures set forth in this subchapter: 7:1A-1.3, 1.4, 1.5, 1.7, 2.2, 2.6, 2.10, 2.11, and 2.14 through 2.35 inclusive. The emergency loan applicant shall be exempt from all provisions of N.J.A.C. 7:1A-1 and 2 unless specifically set forth above.
(b) These rules shall be strictly construed to permit the Department to effectuate the purpose of the rehabilitation loan program set forth in N.J.A.C. 7:1A-1 and 2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 6 - EMERGENCY INTERIM REHABILITATION LOAN PROCEDURES › Section 7:1A-6.2 - Definition

Current through Register Vol. 56, No. 14, July 15, 2024
For the purpose of this subchapter, the following definitions, in addition to those found in 7:1A-2.2, are applicable.
"Critical water supply service disruption" means the total loss of the public potable water supply served by the emergency loan applicant to at least 25,000 residents or 50 percent of the residents within the emergency loan applicant's service area which lasts for at least a 24 hour period.
"Emergency interim rehabilitation loan" means a loan issued pursuant to N.J.A.C. 7:1A-3.
"Emergency loan applicant" means any political subdivision of the State or agency thereof that applies for an emergency interim rehabilitation loan pursuant to N.J.A.C. 7:1A-3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 6 - EMERGENCY INTERIM REHABILITATION LOAN PROCEDURES › Section 7:1A-6.4 - Department approval/disapproval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After a full review and evaluation of an application, the Department shall take one of the following actions:
1. Approve the emergency interim rehabilitation loan; or
2. Disapprove the application.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 6 - EMERGENCY INTERIM REHABILITATION LOAN PROCEDURES › Section 7:1A-6.5 - Amount and terms of emergency interim rehabilitation loan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The amount of the emergency interim rehabilitation loan shall be determined by the Department based upon allowable costs as set forth in the applicable sections of N.J.A.C. 7:1A-1, 2 and 3, but shall not exceed a maximum total of $ 300,000.
(b) The amount of the emergency interim rehabilitation loan shall not be included in the calculations for the maximum loan amount for any subsequent water supply rehabilitation loan awarded pursuant to N.J.A.C. 7:1A-1 and 2.
(c) The emergency interim rehabilitation loan shall be repaid within one year of the date or dates funds are disbursed, either through application of the proceeds of loan funds pursuant to N.J.A.C. 7:1A-1, 2 and 3 or from other sources, including external borrowings.
(d) Interest on the emergency interim rehabilitation loan shall accrue from the date or dates funds are disbursed and be computed at the annual rate of 80 percent of the average of the 52 week high and low of the Bond Buyer's 20-bond index as of the time the funds are disbursed and shall be payable at the end of one year from the date of disbursement or upon repayment of the emergency interim rehabilitation loan or any portion thereof.
(e) A rate schedule setting forth the amount charged for the sale of water by the borrower shall be established. A percentage of these receipts, as stipulated by the loan award document, shall be dedicated to a specific fund for the purpose of assuring the repayment of the loan by the borrower. The Department may require additional collateral to secure the loan when deemed necessary.
(f) Any funds from repayment of the principal of emergency interim rehabilitation loans shall be repaid into the Water Supply Fund created pursuant to the Act and shall remain available for further disbursements as new loans to be awarded pursuant to N.J.A.C. 7:1A-1, 2 and 3.
(g) Any purchase, contract or agreement under an emergency interim rehabilitation loan may be made, negotiated or awarded without public advertising for bids provided that such purchase, contract or agreement qualify for an exemption pursuant to the "Emergency purchases and contracts" section of the local Public Contracts Law, 40A:11-6.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 6 - EMERGENCY INTERIM REHABILITATION LOAN PROCEDURES › Section 7:1A-6.6 - Required application for water supply bond rehabilitation loan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All emergency interim rehabilitation loans shall be issued by the Department contingent upon the emergency loan applicant applying for a water supply bond rehabilitation loan pursuant to N.J.A.C. 7:1A-1 and 2 by the next annual application deadline date to remedy the problem which caused the critical water supply service disruption.
(b) Failure to comply with (a) above shall constitute good cause for the purpose of terminating the emergency interim rehabilitation loan pursuant to 7:1A-2.33.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 6 - EMERGENCY INTERIM REHABILITATION LOAN PROCEDURES › Section 7:1A-6.7 - Design specifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All efforts by the emergency loan applicant to repair the cause of the critical water supply service disruption shall comply with the Standards for Construction of Public Community Water System, N.J.A.C. 7:10-11, and the Standards for the Construction of Public Non-Community and Non-Public Community Water Systems, N.J.A.C. 7:10-12, as relevant to the repair of the cause of critical water supply service disruption.
(b) If the Department determines that a permit pursuant to the regulations set forth in (a) above is required for the work to be undertaken to repair the cause of the critical water supply service disruption, the emergency loan applicant shall obtain said permit as soon as possible, but within six months after receipt of notice of the need for said permit from the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 7 - WATER SUPPLY REPLACEMENT PROJECTS (TYPE B LOANS OR TYPE C LOANS) › Section 7:1A-7.1 - Water Supply Replacement Trust Fund

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Funds appropriated to the Department from acts other than the Water Supply Bond Act of 1981, P.L. 1981, c.261, as amended, or other bond acts, for the purpose of providing loans for alternative water supplies when contamination problems exist shall be deposited in the Water Supply Replacement Trust Fund. The funds in the Water Supply Replacement Trust Fund are specifically dedicated for the purpose of making Type B and Type C Loans to municipalities, municipally owned public water systems, or privately owned public water systems to plan, design and construct projects to address contamination problems as identified by the Department pursuant to this chapter.
(b) The purpose of Type C Loans is to quickly address particularly urgent projects previously recognized by legislative action. Accordingly, not over eight million dollars of the total amount appropriated for funding from sources other than from the Water Supply Bond Act of 1981 will be available for Type C Loans, the remainder being available for Type B Loans and associated costs.
(c) Funds saved from planning and constructing projects whose actual eligible implementation costs are less than the awarded estimated eligible costs shall be retained by the State and deposited in the Water Supply Replacement Trust Fund to be applied to new water supply replacement projects pursuant to this chapter.
(d) Repayment of principal and interest on loans issued from the Water Supply Replacement Trust Fund shall be made to the State of New Jersey as set forth in the loan award document and shall be redeposited in the Water Supply Replacement Trust Fund to be made available for further disbursements as new loans to be awarded pursuant to this chapter.
(e) If a project utilizes point of entry treatment devices on other than a temporary basis, provisions shall be included to assure adequate future inspection and maintenance of such devices, and to minimize liability to the State. Such provisions shall be subject to approval by the Department.
(f) Where the area of actual or anticipated contamination extends beyond the limits of a single municipality, the applicant shall develop a single plan covering the entire area, on the basis of which the optimum plan shall be prepared, covering the entire area. Municipalities shall enter into an agreement for the joint administration of planning and/or design and construction to the extent feasible. Such agreement shall be subject to approval by the Department, and shall at a minimum, prescribe arrangements for the procurement, contracting and payment of joint debt and construction services as well as designate the applicant to administer the planning, design and construction of the entire project.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 7 - WATER SUPPLY REPLACEMENT PROJECTS (TYPE B LOANS OR TYPE C LOANS) › Section 7:1A-7.2 - Amount and terms of loan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Funds made available for Type B and Type C Loans under this subchapter shall be subject to the following conditions:
1. Such loans shall bear interest at a rate fixed by the Department of the Treasury, and shall not exceed the rate of two percent per annum. Under hardship circumstances, subject to approval by the Department of Treasury, loans may be given at interest rates below two percent, based on the percentage of the municipality's median family income level required to plan, design, construct and operate the project.
2. The loan maturity period for all Type B and C Loans issued from the Water Supply Replacement Trust Fund shall be for a period of not more than 20 years from the date disbursement of loan funds to the borrower begins. Principal and accrued interest may be prepaid by the borrower prior to the end of the loan maturity period without penalty.
3. Unless otherwise specified by the Department of the Treasury, the amortization date for all Type B and C Loans issued from the Water Supply Replacement Trust Fund shall be 90 days after the final disbursement of loan funds to the borrower. Accrued interest on all disbursements made prior to the amortization date may be capitalized as part of the principal amount of the loan. The borrower shall make equal semi-annual debt service payments to the State commencing six months after the amortization date. Debt service schedules providing for pre-payment of accrued interest and/or declining debt service payments may be approved at the discretion of the Department. However, subject to approval by the Department of the Treasury, annual or semi-annual debt service payments by any utility authority, as borrower, shall become due as specified in the Loan Repayment Schedule and any amendments thereto.
4. For all borrowers, sufficient funds shall be deposited in a specific fund for the purpose of assuring timely repayment of the loan by the borrower.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 7 - WATER SUPPLY REPLACEMENT PROJECTS (TYPE B LOANS OR TYPE C LOANS) › Section 7:1A-7.3 - Eligibility and criteria (Type B Loans)

Current through Register Vol. 56, No. 14, July 15, 2024
For Type B Funding, any municipality, municipally owned public water system or privately owned public water system, including subdivisions or agencies thereof, may be eligible to apply for one loan in any application period. The maximum loan amount awarded to any municipality, municipally owned public water system or privately owned public water system under any application for Type B Funding shall be $ 3,000,000. Eligibility and criteria for Type B Funding shall be as set forth at 7:1A-5.1(a) through (e).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 8 - WATER SUPPLY TREATMENT PROJECTS › Section 7:1A-8.1 - Eligibility and criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any local unit operating a water supply facility which lacks treatment facilities or which includes treatment facilities that are in need of improvement, rehabilitation or repair, is eligible for a loan in any application period where it satisfactorily completes the loan application process in a timely manner, meets the eligibility criteria set forth in this subchapter, receives the minimum priority score, and ranks high enough on the priority list to be funded. To receive a loan the project shall meet the following criteria to the satisfaction of the Department:
1. The minimum priority score set out in 7:1A-8.2;
2. The project shall be an independent and complete water supply project. An independent and complete project is one which by its implementation alone will render the specified portion(s) of the system adequate and efficient and will accomplish the purpose set forth in the application;
3. The project shall not be excessively expense or cause unacceptably high environmental damage;
4. The project shall not conflict with any other State projects or with the recommendations of the New Jersey Statewide Water Supply Plan;
5. The application shall be accompanied by adequate explanation of how the local unit plans to repay the loan and pay any other expenses necessary to fully complete and implement the project, the steps it has taken to implement this plan and the steps it plans to take before receiving the loan that shall guarantee that at the time of the signing of the loan award document it shall be irrevocably committed to repay the loan and pay any other expenses necessary to fully complete and implement the project. The local unit shall comply with all standard loan provisions of the State of New Jersey;
6. A project for new treatment facilities is only eligible when there are violations or noncompliance with safe drinking water standards or treatment requirements set by the Act. New treatment facilities solely for capacity increase are not loan eligible; and
7. The application documents shall clearly state and document how the loan shall accomplish the goal set out in the application.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 8 - WATER SUPPLY TREATMENT PROJECTS › Section 7:1A-8.2 - Priority determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each project shall be assigned priority points in accordance with the provisions outlined in this section. A project shall be ranked by the number of priority points it receives.
1. A water supply system serving less than or equal to 10,000 residents shall be eligible for a loan if it receives at least eight priority points;
2. A water supply system serving between 10,001 and 50,000 residents shall be eligible for a loan if it receives at least 12 priority points;
3. A water supply system serving greater than 50,000 residents shall be eligible for a loan if it receives at least 16 priority points;
4. In the instance of systems with a large seasonal variation in the number of residents, the residential population figure utilized for the purpose of this section shall be the mean of the greater and twice the lower residential population as determined by data deemed acceptable to the Department for the most recent calendar year; and
5. If in any application period there shall be less eligible projects than funds available for any of the three size categories, the eligible projects shall only be required to receive the minimum number of priority points set forth in (a)1 through 3 above and the remainder of the competitive priority ranking provisions of this section shall be waived.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1B - WAIVER OF DEPARTMENT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:1B-1.1 - Purpose and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to set forth the limited circumstances in which the Department may, in its discretion, waive the strict compliance with any of its rules in a manner consistent with the core missions of the Department to maintain, protect, and enhance New Jersey's natural resources and to protect the public health, safety, and welfare, and the environment.
(b) It is not the purpose of this chapter to allow for the routine circumvention of any Department rule.
(c) This chapter does not preclude the availability of any rule concerning an exception, variance, waiver, or emergency authorization pursuant to any other chapter in Title 7 of the New Jersey Administrative Code.
(d) This chapter does not create in any person a right to a waiver.
(e) This chapter does not authorize any other entity to approve a waiver.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1B - WAIVER OF DEPARTMENT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:1B-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:
"Conflicting rules" means a situation in which two or more Department rules, or a Department rule and the rule of another State agency or a Federal agency, conflict so as to make compliance with both rules impossible or impracticable.
"Department" means the New Jersey Department of Environmental Protection.
"Net environmental benefit" means a situation in which the quantitative or qualitative benefit to a natural resource or other related environmental good for which the Department has responsibility would substantially outweigh any detriment to that natural resource or environmental good, which would result from a waiver. There must be an adequate geographic and resource nexus between the environmental offset and the natural resource or other environmental good that is protected by the rule being waived. The net environmental benefit may include mitigation, but it must be beyond what the waived rule would have required independent of the waiver.
"Public emergency" means a situation in which a Federal or State official with the authority to do so declares a public emergency.
"Unduly burdensome" means a situation in which the strict compliance with a specific Department rule would result in either:
1. Actual, exceptional hardship for a particular project or activity, or property; or
2. Excessive cost in relation to an alternative measure of compliance that achieves comparable or greater benefits to public health and safety or the environment.
"Waiver" means a decision by the Department pursuant to this chapter that relaxes strict compliance with a specific Department rule, in whole or part, as applied to a specific person, project or activity, or property, on the basis of the particular circumstances of that person, project or activity, or property.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1B - WAIVER OF DEPARTMENT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:1B-1.3 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
A finding by a court of competent jurisdiction that any section, subsection, provision, clause, or portion of this chapter is invalid or unconstitutional shall not affect the remainder of the chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1B - WAIVER OF DEPARTMENT RULES › Subchapter 2 - WAIVER › Section 7:1B-2.1 - Basis for a waiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (b) below, the Department may, in accordance with this chapter, prospectively waive the strict compliance with any of its rules only when it determines that at least one of the following exists and all other requirements of this chapter are met:
1. Conflicting rules;
2. The strict compliance with the rule would be unduly burdensome;
3. A net environmental benefit; or
4. A public emergency.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1B - WAIVER OF DEPARTMENT RULES › Subchapter 2 - WAIVER › Section 7:1B-2.2 - Waiver evaluation criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall consider the extent to which the following criteria support a waiver of the strict compliance with a rule in accordance with this chapter:
1. The public has had sufficient notice of the waiver in accordance with applicable rules;
2. The Department has been provided with information and data sufficient to support a waiver;
3. There are circumstances that support the need for a waiver;
4. The person seeking the waiver may have directly caused or contributed to the circumstances that resulted in the rule being unduly burdensome;
5. There is a net environmental benefit, including the consideration, when appropriate, of the impact of the waiver on the remediation and redevelopment of a contaminated site, or on the expansion of an existing development;
6. The waiver would be consistent with the Department's core missions to maintain, protect, and enhance New Jersey's natural resources and to protect public health, safety, and welfare, and the environment; and
7. The waiver would result in a reasonable and effective response to a public emergency.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1B - WAIVER OF DEPARTMENT RULES › Subchapter 2 - WAIVER › Section 7:1B-2.3 - Notice of the waiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person requesting a waiver shall include notice of the waiver request in any public notice the person must provide in accordance with the public notice requirements of the rules from which waiver is requested.
(b) The Department shall publish notice of:
1. Its determination to consider a waiver; and
2. Its decision on each waiver.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1B - WAIVER OF DEPARTMENT RULES › Subchapter 2 - WAIVER › Section 7:1B-2.4 - Rule waiver and limitations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Department decides to approve or deny a waiver of strict compliance of any of its rules, it shall document its decision in writing to the person to whom the waiver applies, including:
1. The name and address of the person to whom the waiver applies;
2. The specific location to which the waiver applies;
3. The specific rule provision(s) to which the waiver applies;
4. The basis for its decision on the waiver;
5. The duration, scope, and extent of the waiver;
6. Any conditions on the waiver necessary to maintain, protect, and enhance New Jersey's natural resources and to protect the public health, safety, and welfare, and the environment, including, but not limited to:
i. Monitoring of the environmental impacts of the project or activity approved as part of the waiver;
ii. Reporting of any environmental impacts of the project or activity approved as part of the waiver; and
iii. Implementation of environmental offsets, if applicable, to ensure that the waiver would result in a net environmental benefit;
7. An explanation, if applicable, that the procedural rules applicable to a permit authorization being issued concerning duration, modification, renewal, revocability, and transfer apply to the waiver;
8. Notice that the Department may revoke the waiver for noncompliance with any condition in the waiver, or for the submission of false or inaccurate information; and
9. Notice that the person to whom the waiver applies shall be subject to enforcement for noncompliance with any condition in the waiver.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 1 - GENERAL PROVISIONS › Section 7:1C-1.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall constitute the rules of the Department to address the review and analysis of contributions to environmental and public health stressors by facilities in overburdened communities pursuant to N.J.S.A. 13:1D-157 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 1 - GENERAL PROVISIONS › Section 7:1C-1.2 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall be liberally construed to effectuate the statutory function, intent, and purposes of N.J.S.A. 13:1D-157.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 1 - GENERAL PROVISIONS › Section 7:1C-1.3 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter is promulgated for the following purposes:
1. Ensure meaningful public participation in the Department's analysis of environmental and public health stressors in overburdened communities and a facility's contributions thereto;
2. Limit the placement of new facilities that would create a disproportionate impact by causing or contributing to adverse cumulative stressors in an overburdened community; and
3. Reduce environmental and public health stressors in overburdened communities in the permitting of new, expanded, and existing major source facilities by requiring incorporation of measures to avoid, minimize, and/or reduce facility contributions thereto.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 1 - GENERAL PROVISIONS › Section 7:1C-1.4 - Relationship to other regulatory programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Compliance with any subchapter of this chapter shall not relieve any person of the obligation to comply with all other applicable Federal, State, or local laws, rules, regulations, codes, or ordinances.
(b) In the event of a conflict between this chapter and another Department rule, this chapter shall supersede, except that this chapter shall not supersede any provision required to comply with Federal law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 1 - GENERAL PROVISIONS › Section 7:1C-1.6 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
A finding by a court of competent jurisdiction that any section, subsection, provision, clause, or
portion of this chapter is invalid or unconstitutional shall not affect the remainder of the chapter. If any section, subsection, provision, clause, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 2 - APPLICABILITY AND PROCEDURES › Section 7:1C-2.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The requirements of this chapter apply when an applicant submits a permit application to the Department for a new or expanded facility, or the renewal of an existing major source permit, for a facility located or proposed to be located, in whole or in part, in an overburdened community, or to Solid Waste Management Plan actions as provided at N.J.A.C. 7:1C-4.4.
(b) The Department shall not consider complete for review any application for a permit for a new facility or for the expansion of an existing facility, or any application for the renewal of an existing facility's major source permit, if the facility is located, or proposed to be located, in whole or in part, in an overburdened community, before the permit applicant first obtains a decision in accordance with N.J.A.C. 7:1C-9.
(c) Any application complete for review prior to April 17, 2023, shall not be subject to the requirements set forth in this chapter.
(d) As of January 16, 2021, the Department has published on its website a list of overburdened communities utilizing data from the most recently published U.S. census. This information can be found at
http://www.nj.gov/dep/ej/communities.html
. At least every two years thereafter, the Department shall update the list utilizing the most recently published U.S. census data.
(e) Where an existing or proposed facility in a block group that has zero population is located immediately adjacent to an overburdened community, the existing or proposed facility shall be subject to the requirements of this chapter and shall utilize the highest combined stressor total of any immediately adjacent overburdened community for the purposes of this chapter. For the purposes of this section, immediately adjacent means may include those communities separated by a street, road, or right-of-way.
(f) Where an applicant is required to analyze the potential for a facility's contribution to create additional adverse environmental and public health stressors in an overburdened community, the applicant shall be required to address only those stressors identified as affected at the chapter Appendix.
(g) An applicant may request a determination of the applicability of this chapter to an application or potential application by providing the Department, in writing, the address of the existing or proposed facility and information necessary for the Department to determine whether the existing or proposed facility is subject to this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 2 - APPLICABILITY AND PROCEDURES › Section 7:1C-2.2 - Procedural overview

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon request, the Department shall provide to the applicant the initial screening information for the overburdened community required pursuant to N.J.A.C. 7:1C-2.3 identifying the environmental and public health stressors, the geographic point of comparison, any adverse environmental and public health stressors, and whether the overburdened community is subject to adverse cumulative stressors. Alternatively, the applicant that wishes to submit its EJIS with a permit application may obtain the required information itself pursuant to N.J.A.C. 7:1C-2.3(g).
(b) After obtaining the information set forth at (a) above, the applicant shall complete the EJIS, in accordance with N.J.A.C. 7:1C-3.
1. Where the overburdened community is not subject to adverse cumulative stressors and the applicant demonstrates, through an analysis of the facility's contributions to the existing environmental and public health stressors in the overburdened community identified as affected at the chapter Appendix, that the facility will avoid causing a disproportionate impact that would occur by creating adverse cumulative stressors as a result of the facility's contribution, only the information pursuant to N.J.A.C. 7:1C-3.2 will be required.
2. Where the facility cannot avoid a disproportionate impact that would occur by creating adverse cumulative stressors as a result of the facility's contribution, the applicant shall include information required pursuant to both N.J.A.C. 7:1C-3.2 and 3.3, including analyzing and proposing feasible measures to, as applicable, avoid or minimize contributions to environmental and public health stressors, provide a net environmental benefit and, where appropriate, demonstrate how the facility serves a compelling public interest in the overburdened community.
3. Where the overburdened community is subject to adverse cumulative stressors, the applicant shall include information required pursuant to both N.J.A.C. 7:1C-3.2 and 3.3.
4. An applicant that is required to provide the information pursuant to N.J.A.C. 7:1C-3.3 shall comply with the requirements pursuant to the following sections to determine whether the facility can, as applicable, first avoid a disproportionate impact or, where a disproportionate impact will occur, address its contributions to environmental and public health stressors in the overburdened community:
i. Applications for permits for proposed new facilities shall satisfy the requirements at N.J.A.C. 7:1C-5 and , as applicable, N.J.A.C. 7:1C-7.
ii. Applications for permits to expand existing facilities shall satisfy the requirements at N.J.A.C. 7:1C-6 and , as applicable, N.J.A.C. 7:1C-7.
iii. Applications for renewals of existing major source permits shall satisfy the requirements at N.J.A.C. 7:1C-8.