New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1A - WATER SUPPLY LOAN PROGRAMS › Subchapter 2 - LOAN PROCEDURES AND REQUIREMENTS › Section 7:1A-2.2 - 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:
"Act" means the Water Supply Bond Act of 1981, P.L. 1981, c.261, as amended by P.L. 1983, c.355, the Water Supply Management Act, 58:1A-1 et seq., the Safe Drinking Water Act, 58:12A-1 et seq., 58:12A-22 through 58:12A-25, and such other acts and appropriations provided to the Department for the purposes provided in this chapter.
"Action level" means the concentration of lead or copper in water specified in the National Regulations at 40 C.F.R. 141.80(c) which determines, in some cases, the treatment requirements set forth at 40 C.F.R. 141.81, 141.82 and 141.83 that a water system is required to complete.
"Acute violation" means an exceedance of an M.C.L. for a contaminant, for example, fecal coliform or nitrates, that is likely to have immediate health effects.
"Administrator" means the Assistant Director of the Water Supply Element of the Department or the person designated by the Commissioner to carry out the functions of the Administrator for the purposes of this chapter.
"Applicant" means any local unit, municipality, municipally-owned public water system or privately-owned public water system that applies for a loan pursuant to the provisions of these rules and regulations.
"Bonds" means the bonds authorized to be issued, or issued under the Water Supply Bond Act of 1981, P.L. 1981, c.261 or subsequent bond acts.
"Borrower" means an applicant which has received a loan pursuant to the Act and this chapter, and which has executed a loan award document.
"Capital value" means the estimated installed cost of an existing item in its new state at the present time.
"Commission" means the New Jersey Commission on Capital Budgeting and Planning.
"Commissioner" means the Commissioner of the Department or his or her designated representative.
"Construct" and "Construction" mean, in addition to the usual meaning thereof, acts of construction, re-construction, replacement, improvement, betterment and the solicitation of bids in accordance with the Local Public Contracts Law, 40A:11-1 et seq., and the Local Public Contracts rules, N.J.A.C. 5:34.
"Contaminant" means any physical, chemical, biological or radiological substance or matter in water.
"Contamination problems" means an existing potable water supply whose physical, chemical, biological or radiological condition, is or may reasonably be expected to become such that its continued use is detrimental to public health in accordance with the New Jersey Safe Drinking Water Act Regulations, N.J.A.C. 7:10, or in accordance with the Safe Drinking Water Act, 58:12A-1 et seq., particularly 58:12A-6, as applicable.
"Department" means the New Jersey Department of Environmental Protection.
"Eligible project cost" means the costs which are determined by the Department under this chapter to be eligible for a water supply bond loan.
"Eligible project scope" means: the repair, replacement or reconstruction of antiquated, obsolete, damaged or inadequately operating water supply facilities consisting of pipes and appurtenances, including, but not limited to, pump stations, valves, fire hydrants, meters, service connections, curb stops, surge chambers, existing interconnections and storage tanks which convey water, pre-treatment, disinfection, filtration, chemical and physical handling and feeding equipment, pipes, machinery, control equipment, and appurtenances; or the construction, repair, replacement or reconstruction of parts of an inadequate or nonexistent water supply system interconnection; or the planning, design and construction of water supply facilities or public water systems to address contamination problems as identified by the Department. The applicant's project scope shall conform to one of these criteria to be funded pursuant to this chapter.
"Federal Act" means the Safe Drinking Water Act, P.L. 93-523, 42 U.S.C. §§
										300f et seq., as amended.
"Groundwater supply" means an excavation which is usually cylindrical with a casing or lining sunk into soil or rock material for the purpose of obtaining potable water.
"Interconnection" means a water supply system connection with another water supply system, or with more than one.
"Local unit" means any political subdivision of the State or agency thereof.
"Maximum contaminant level" or "M.C.L." means the maximum permissible level of a contaminant in water measured at the point of entry to the distribution system or at the free-flowing outlet of the ultimate user of a public water system or other water system to which State primary drinking water regulations apply. Contaminants added to the water under circumstances controlled by the user, except those resulting from corrosion of piping and plumbing caused by water quality, are excluded from this definition. Primary drinking water regulations shall be applicable to individually owned wells.
"Municipality" means any city, town, township, borough or village or any agency or instrumentality of one or more thereof.
"National Regulations" means the current primary drinking water regulations promulgated at 40 C.F.R. Part 141 by the United States Environmental Protection Agency pursuant to the Federal Act, as such regulations are amended or supplemented from time to time.
"Primary drinking water regulation" means a regulation which:
1. Applies at a minimum to public water systems;
2. Specifies contaminants which, in the judgment of the Department may have any adverse effect on the health of persons;
3. Specifies for each such contaminant either maximum contaminant level if, in the judgment of the Department, it is economically and technologically feasible to ascertain the level of such contaminant in water in public water systems, or if in the judgment of the Department, it is not economically and technologically feasible to ascertain the level of such contaminant, each treatment technique known to the Department which leads to a reduction in the level of such contaminant sufficient to satisfy the requirements of Section 4 of the New Jersey Safe Drinking Water Act, N.J.S.A. 58:12-4;
4. Contains criteria and procedures to assure a supply of drinking water which dependably complies with such maximum contaminant levels, including quality control, sampling frequencies, and testing procedures to insure compliance with such levels and to insure proper operation and maintenance of the system, and requirements as to: the minimum quality of water which may be taken into the system, and siting for new facilities for public systems.
"Primary violation" means exceedance of an M.C.L. for any contaminant regulated under N.J.A.C. 7:10-5, where such exceedance has been determined by specific procedures as established under the National Regulations.
"Project" means any work relating to the rehabilitation of water supply facilities, the construction or rehabilitation of interconnections between water supply systems, or construction of water supply facilities or public water systems to address contamination problems.
"Public water system" means a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves at least 25 individuals daily at least 60 days out of the year. Such term includes:
1. Any collection, treatment, storage and distribution facilities under control of the operator of such system and used primarily in connection with such system; and
2. Any collection or pre-treatment storage facilities not under such control which are used primarily in connection with such system.
"Residences with contaminated wells" means residences in a residential area of more than 1,500 residential units that has been found by the local department of health, or board of health, and the county board of health, or department of health, to have at least 25 percent of the wells supplying potable water to the area with contaminants in excess of the maximum contaminant levels adopted by the Department pursuant to P.L. 1983, c.443 (58:12A-2 et seq.), as applicable.
"Secondary drinking water regulation" means a regulation applying to one or more water systems, and which specifies the recommended upper limits or optimum ranges of contaminants that are necessary to protect the public welfare. A secondary drinking water regulation may apply to any contaminant in drinking water which may adversely affect the taste, odor or appearance of such water or which may otherwise adversely affect the public welfare.
"Secondary violation" means exceedance of a recommended upper limit or optimum range for any contaminant regulated under N.J.A.C. 7:10-7 for which the applicant has received notification issued by the Department that exceedance of any secondary drinking water regulation causes adverse effects on the public welfare, and for which the applicant has received a directive issued by the Department to correct the exceedance.
"Transmission facilities" means those pipes and appurtenances, including, but not limited to, pump stations, valves, fire hydrants, meters, service connections, curb stops, surge chambers, interconnections and storage tanks, which convey finished water.
"Treatment facilities" means those processes, systems and structures needed to assure a quality of drinking water which dependably complies with the Act, including, but not limited to, pre-treatment, disinfection, filtration, chemical and physical handling and feeding equipment, pipes, machinery, control equipment, and appurtenances.
"Type A Funding" means loans awarded to local units out of appropriations made pursuant to the Water Supply Bond Act of 1981, P.L. 1981, c.261, to plan, design and construct projects to address contamination problems as identified by the Department (see this subchapter and N.J.A.C. 7:1A-5 ).
"Type B Funding" means loans awarded to municipalities, municipally owned public water systems, or privately owned public water systems as defined at 58:12A-3, out of appropriations other than appropriations made pursuant to the Water Supply Bond Act, P.L. 1981, c.261, as amended, or other bond acts, to plan, design and construct projects to address contamination problems as identified by the Department other than those addressed under Type C Funding (see this subchapter and N.J.A.C. 7:1A-7 ).
"Type C Funding" means loans awarded to municipalities, which meet the criteria set forth at 7:1A-7.4(b), out of appropriations deposited in the Water Supply Replacement Trust Fund to plan, design and construct projects to address contamination problems meeting special criteria as identified by the Department (see this subchapter and N.J.A.C. 7:1A-7 ).
"Water supply facilities" means and refers to the plants, structures, service and house connections, well sealings, interconnections between existing water supply facilities, machinery and equipment and other property, personal and mixed, constructed or operated, or to be constructed or operated, in whole or in part by or on behalf of the State, or of a political subdivision of the State or any agency thereof, for the purpose of augmenting the natural water resources of the State and making available an increased supply of water for all uses, and any and all appurtenances necessary, useful or convenient for the collecting, impounding, storing, improving, treating, filtering or transmitting of water, and for the preservation and protection of these resources and facilities and providing for the conservation and development of future water supply resources, and facilitating incidental recreational uses thereof.