N.J. Admin. Code § 7:19-6.6

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

Section 7:19-6.6 - Rehabilitation

(a) Purveyors shall comply with the following requirements for preparation and implementation of management and status surveys:

1. Within one year after the effective date of this subchapter, all Class 3 purveyors must perform management and status surveys in accordance with criteria to be provided by the Department, except that those having had such surveys or partial surveys performed within the preceding five years may, with the approval of the Department, submit such completed work in partial or complete compliance with this requirement. The survey must include an analysis of the current status of the system infrastructure and the planned renewal and rehabilitation required to maintain the system in good physical condition, including preventative maintenance. The survey shall be accompanied by an evaluation of the status of the system, including acceptance or rejection of each recommendation and a schedule for planned renewal and rehabilitation. Within two years of the effective date of this subchapter, all Class 2 purveyors must also submit such surveys and evaluations. The management and status survey required hereby does not preclude compliance with similar requirements of the Board of Public Utilities.

2. Upon approval by the Department, the schedule of planned renewal and rehabilitation shall commence upon the next fiscal year starting after approval by the Department; thereafter it shall be implemented annually by the purveyor.

3. If no management and status survey is submitted pursuant to the above requirements or if the recommended schedule is disapproved by the Department, planned renewal and rehabilitation of system infrastructure shall be carried out by each purveyor to the extent of 10 percent of total gross water supply revenue, in accordance with Departmental criteria.

4. Upon the effective date of these regulations, all Class 2 and 3 purveyors must initiate administrative preparation for planned renewal and rehabilitation programs, of the magnitude contemplated by this section, as applied to each purveyor's particular situation. This shall be done, without awaiting the completion of the management and status surveys required above.

(b) Upon determination by the Department that any component(s) of a water supply system have deteriorated to a degree that may jeopardize the ability of the system to deliver an adequate and reliable supply of water or may cause waste of an unduly large amount of water, the purveyor shall submit, within a time period required by the Department, a report and implementation schedule specifically identifying the scope of rehabilitation work necessary, the time required for work implementation and the required water rate modification to finance the work.

(c) Upon approval of the report by the Department, the purveyor shall commence rehabilitation work in an expeditious manner and shall perform the work in a manner which minimizes system disruptions.

(d) All rehabilitation work performed on water supply systems shall conform to the current design requirements specified in the New Jersey Safe Drinking Water Act, N.J.S.A. 58:12A et seq., and this subchapter.

(e) For planned or required transmission/distribution system rehabilitation, loans will be provided on a priority basis pursuant to the Water Supply Bond Act of 1981 ( Public Law 1981 ch. 261) and associated rules (N.J.A.C. 7:1A-1 et seq.), to the extent that eligibility requirements of the regulations are met and the funding availability allows.

1. In cases where a critical water supply transmission/distribution disruption exists, pursuant to N.J.A.C. 7:1A-6, application may be made for an emergency, interim rehabilitation loan. Upon approval of said loan, the emergency applicant is required to make full application for a Water Supply Rehabilitation Loan, pursuant N.J.A.C. 7:1A-1 et seq.

N.J. Admin. Code § 7:19-6.6