New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 9 - WATER AND WASTEWATER › Subchapter 6 - SMALL WATER COMPANY AND SMALL SEWER COMPANY TAKEOVER ACT RULES › Section 14:9-6.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
Unless the context clearly indicates otherwise, the
				  following terms, when used in this subchapter, shall have the following
				  meanings. Additional definitions that apply to this subchapter can be found at
				  14:9-1.2 and in the Board's rules
				  for all utilities at
				  14:3-1.1.
"Acquisition cost" means the cost to an acquiring entity of
				  completing the transaction required to take over a small water and/or small
				  sewer company through the process set forth in this subchapter. This term
				  includes the actual purchase price of the small water and/or sewer company, as
				  determined through negotiations under
				  14:9-6.1 1, or through eminent
				  domain proceedings. The Board shall make the final decision as to what
				  activities are necessary to complete the transaction and thus what constitutes
				  acquisition costs in a particular case.
"Act" means the "Small Water Company and Small Sewer Company
				  Takeover Act,"
				  58:11-59 et seq., as
				  amended.
"Actionable violation" means:
1. For a small water company, an uncorrected violation of
				  applicable statutory or regulatory standards, including, but not limited to,
				  the New Jersey Safe Drinking Water Regulations, N.J.A.C. 7:10, which adversely
				  affects the quality, pressure or volume of water delivered, as determined by
				  the Department. Violations by a small water company or small sewer company of
				  applicable statutory and regulatory standards that do not affect the quality,
				  pressure or volume of water delivered as determined by the Department, in
				  consultation with the Board, shall not be considered actual or imminent public
				  health problems for the purposes of this subchapter, including, but not limited
				  to, aesthetic water quality problems or minor design deficiencies; and
2. For a small sewer company, any uncorrected violation that
				  the New Jersey Department of Environmental Protection determines is a "serious
				  violation," or that causes the company to be a "significant noncomplier," as
				  those terms are defined in the Water Pollution Control Act,
				  58:10A-1 et seq. and implementing
				  rules.
"Board" means the New Jersey Board of Public
				  Utilities.
"Capable" means financially and operationally able to provide
				  safe, adequate and proper water service for the existing and foreseeable
				  customers of the small water company or safe, adequate and proper sewer service
				  for the existing and foreseeable customers of the small sewer company in
				  compliance with environmental standards. The Department staff shall consult
				  with Board staff concerning the financial status of any potential acquiring
				  public or private entity.
"Commissioner" means the Commissioner of the Department of
				  Environmental Protection or a designated representative.
"Department" means the Department of Environmental
				  Protection.
"Improvement cost" means a cost expended in order to correct
				  an actionable violation at a small water company and/or small sewer
				  company.
"Party to the proceedings" or "party" means a noncomplying
				  small water company and/or small sewer company; a potential acquiring public or
				  private entity or entities; and the Division of Rate Counsel.
"Proximate" means all private water or sewer companies,
				  municipal utilities authorities established pursuant to
				  40:14B-1 et seq., and doing
				  business in the region, and municipalities or other suitable governmental
				  entities located in the jurisdiction wherein the small water company or small
				  sewer company provides service, regardless of their ability to reasonably
				  physically interconnect with the small water company or small sewer company to
				  be acquired.
"Rate Counsel" means the Division of Rate Counsel, which is
				  located in, but not of, the New Jersey Department of the Treasury, pursuant to
				  N.J.S.A. 52:27EE-54, or any successor agency.
"Small sewer company" means any company, business, or entity,
				  other than a governmental agency, which is a public utility as defined pursuant
				  to 48:2-13, that collects, stores,
				  conveys, or treats wastewater, and that regularly serves fewer than 1,000
				  billed customers.
"Small water company" means any company, purveyor or entity,
				  other than a governmental agency, which is a public utility as defined pursuant
				  to 48:2-13, that provides water for
				  human consumption and which regularly serves less than 1,000 billed
				  customers.