Unless the context clearly indicates otherwise, the following terms, when used in this subchapter, shall have the following meanings:
"Act" means the "Small Water Company Takeover Act", 58:11-59 et seq.
"Actual or imminent public health problems" means any violations by a small water company of appropriate statutory and regulatory standards, including but not limited to the New Jersey Safe Drinking Water Regulations, N.J.A.C. 7:10-1 through 13, which adversely affects the quality, pressure or volume of water delivered as determined by the Department. Violations by a small water company of appropriate statutory and regulatory standards that do not adversely affect the quality, pressure or volume of water delivered as determined by the Department 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.
"BPU" means the New Jersey Board of Public Utilities.
"Capable" means financially and operationally able to provide safe, adequate and proper water service for the customers of the small water company to be acquired currently or in the foreseeable future. BPU shall be consulted by the Department concerning any public or private water systems' financial status.
"Commissioner" means the Commissioner of Environmental Protection or his designated representative.
"Department" means the Department of Environmental Protection.
"Division" means the Division of Water Resources of the Department of Environmental Protection.
"Proximate" means and includes all public or private water companies, municipal utilities authorities established pursuant to 40:14B-1 et seq., municipalities or any other suitable governmental entities wherein the small water company provides service regardless of their ability to reasonably physically interconnect with the small water company to be acquired.
"Public Advocate" means the Department of the Public Advocate.
"Small water company" means any company, purveyor or entity, other than a governmental agency, that provides water for human consumption and which regularly serves less than 1,000 customer connections.
N.J. Admin. Code § 7:19-5.2