N.J. Admin. Code § 7:14B-16.10

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:14B-16.10 - Professional business practices

(a) An individual or business firm certified pursuant to this subchapter shall:

1. Perform all services in accordance with all applicable Federal, State and local rules and regulations;

2. Employ fair and reasonable pricing and business practices in all of its dealings with clients and the Department;

3. Upon request, provide all prospective clients a list of the standard price for services in accordance with (c) below that are material to the work to be provided; and

4. Present a copy of the Department issued certification card to all prospective clients upon request.

(b) When providing any service required by this chapter, an individual and business firm certified pursuant to this subchapter shall enter into a written contract with the client. The contract shall contain the following provisions:

1. Clear and detailed descriptions of the work activities to be performed;

2. Lists of all materials, equipment, tools and other incidentals anticipated to be necessary for the execution of the proposed work activities;

3. Lists of the number and types of personnel anticipated to be necessary for the execution of the proposed work activities;

4. The maximum contract price that cannot be exceeded without written amendments to the contract;

5. Estimated time frames for the completion of the work activities listed in the contract; and

6. A listing and description of all services in the contract which exceed the requirements of applicable local, State or Federal rules and regulations.

(c) Upon request by the client, an individual or business firm certified pursuant to this subchapter shall provide the client with a written standard price list of the services that it provides as applicable:

1. The categories of labor and the daily/hourly rates;

2. Daily and weekly rates for heavy equipment, instrumentation, vehicles and any ancillary equipment that is separately billed;

3. The price or the formula for pricing variable costs such as subcontracted services, transport and disposal of wastes;

4. A listing of all applicable governmental fees and costs typically associated with the contracted service, including, but not limited to, all application fees, local and State permit fees and State inspection fees, and a statement that State oversight costs may also be incurred; and

5. All ancillary administrative costs typically incurred such as document reproduction costs, mailing costs and phone calls.

(d) For services being performed with financial assistance from the Petroleum Underground Storage Tank Remediation, Upgrade and Closure Fund (the Fund), the certified individual or business firm shall:

1. Submit documentation to the Department at the address listed in 7:14B-2.2(b) of the individual or business firm's cost for providing the services for which the Fund is providing the financial assistance. The documentation shall include, but is not limited to, documentation of the direct cost to provide the services, and all tiers of subcontractors' costs such as materials, equipment rentals and services; and

2. Cooperate in and help facilitate an audit by the Department of the individual or business firm's pricing and business practices conducted with industry standards and performed at the expense of the Department by a certified public accounting firm under contract to the Department.

(e) Upon request by the Department, provide the Department with any and all information that will aid in its review of loan and grant applications, investigation of complaints against the certified individual or business firm, investigation of known or suspected discharges of hazardous substances, and investigation of any known or suspected violation of this subchapter. This information shall include, but shall not be limited to, the following:

1. All direct subcontractor invoices for services such as, but shall not be limited to, laboratory analyses, well drilling, contaminated soil disposal, oil/water/sludge disposal, vacuum truck services, property restoration, and engineering services;

2. All receipts for rental equipment, including, but not limited to, sampling equipment or instrumentation, and heavy equipment;

3. All receipts for material purchases, including, clean fill material, top soil, and stone;

4. All receipts for miscellaneous costs necessary to conduct remediation such as local police traffic control and local permits; and

5. Documents associated with the services provided for underground storage tank systems such as copies of field notes, contracts, manifests, timesheets, and invoices.

N.J. Admin. Code § 7:14B-16.10

New Rule, R.2008 d.322, effective 11/3/2008.
See: 40 N.J.R. 2166(a), 40 N.J.R. 6440(a).
Former N.J.A.C. 7:14B-16.10, Denial, suspension, revocation and refusal to renew a certification, recodified to N.J.A.C. 7:14B-16.11.