N.J. Admin. Code § 7:1A-2.12

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

Section 7:1A-2.12 - Project development phase of water supply loan program

(a) Each applicant receiving a Notice of Intent to Award a loan shall arrange to have a pre-design conference within 30 days after receipt of the notice, and shall submit all materials required by this section to the Department within six months after receipt of the notice or within the time limits of any extension granted pursuant to (h) below.

(b) During the pre-design conference, the Department shall identify and explain the requirements of this section, including design criteria and review of the requirements of the Environmental Assessment specified in (e) below. Based on information furnished by the applicant, the Department shall also determine if an approval is required for the project or any portion thereof pursuant to the Standards for Construction of Public Community Water Systems, N.J.A.C. 7:10-11.

1. If an approval is not required pursuant to the construction standards referred to in (b) above, the applicant shall still be required to comply with the requirements of said construction standards.

2. If an approval is required pursuant to the construction standards referred to in (b) above, the Department shall provide reasonable assistance to the applicant to insure compliance with the requirements of said construction standards as applicable. The Department reserves the right to require approval in accordance with said construction standards at a later date should revised or additional information so indicate.

(c) All applicants for water supply loans shall submit all materials required by this subsection, prepared in accordance with accepted engineering practices, within the specified time period.

1. A complete Engineer's Report shall be prepared, signed and sealed by a New Jersey licensed professional engineer experienced in the field of water supply. The Report shall include but not be limited to the engineering assumptions, references, calculations and conclusions relative to the structural, sanitary and hydraulic design of all elements within the project scope including all information, narrative, data, and computations necessary to support and describe the design developed and shall be in such detail as to permit complete understanding of the project design. Depending on the project scope, the Engineer's Report shall address the distribution network, topographic conditions, geotechnical consideration, pump station performance, and operating characteristics of the distribution storage system, capacity, adequacy, condition, and any changes in estimated priority points.

2. The plans for the water supply bond loan project shall be prepared by an engineer licensed by the State of New Jersey. Each drawing shall be signed and sealed and shall have a title block giving the name and location of the project, the scale or scales used, date, the name of the engineer and his or her license number. Plans shall show clearly the datum to which evaluations shown are referred. The National Geodetic Vertical Datum of 1929, (U.S.G.S.), should be used wherever possible or an equation converting to that datum given. The plans shall clearly reflect and label all existing and proposed features and shall include but not be limited to:

i. A vicinity map showing the location of the water supply loan project. A U.S.G.S. 7 1/2 Minute Quadrangle map or acceptable substitute shall be used for this purpose.

ii. A profile and plan, if required in the judgment of the Department, of the entire transmission-grid system that is to be constructed. The plan shall include, but not be limited to, an index map, water mains, service connections, fire hydrants, gate valves, blowoff valves, air relief valves, pressure reducing valves, pumping stations, surge chambers and storage tanks. The Plan shall also include, but not be limited to, the location of all utilities and sewer lines, that is, pipelines, telegraph and telephone lines, electrical conduits, and sanitary and storm sewers that will have an effect on the project implementation.

iii. If required by the Department, a topographic and pressure contour map of the transmission grid system showing ground elevations and water pressure at various points in the system.

iv. Plan and elevation views of all storage tanks that are to be renovated, as applicable.

v. Plan and elevation views of all pumping stations that are to be renovated, as applicable.

vi. Plan and elevation views of all treatment facilities that are to be renovated, as applicable.

vii. Standard details of all gate valves, check valves, air release valves, drains, surge control equipment, expansion joints, insulation joints, manholes, pump stations, gages, risers, headers and other components of the system that are to be renovated.

3. The operation, maintenance and water sale pricing provisions for the proposed interconnection, covering the responsibilities of the two purveyors interconnected, as applicable.

4. Documents assuring performance of responsibilities of all other purveyors involved with the interconnection project, as applicable.

5. Construction specifications which shall include but not be limited to:

i. The general provisions, which shall specify the rights, duties, and responsibilities of the Owner, Applicant, engineer, builder and the prescribed order of work.

ii. The technical provisions, which shall describe carefully and in detail the approved work methods, equipment, materials to be used, the results to be obtained and the project and payment schedule.

iii. All other provisions, submissions and certifications as deemed necessary by the Department or required in the loan award document.

6. A detailed cost estimate of expenses related to the planning, engineering, design, and construction of the water supply loan project. The breakdown of the cost estimates shall be by unit prices covering estimated labor, equipment, materials, supplies and contractor's overhead and profit. Background sheets will be furnished detailing the computation of the unit prices. A summary form showing Item No., description, estimated quality, unit, unit price, and estimated amount is required.

7. A report from the applicant's governing body detailing its plans to repay the loan and pay any other expenses necessary to fully complete and implement the project, a rate schedule setting forth the amounts charged for the sale of water by the borrower, the steps it has taken to implement this plan and, the steps it plans to take before receiving the loan guaranteeing that at the time of signing of the loan award document it will be irrevocably committed to repay the loan and pay any other expenses necessary to fully complete and implement the project.

(d) The Department reserves the right to waive any of the submission requirements of (c) above, subject to the provisions of the Standards for Construction of Public Community Water Systems, N.J.A.C. 7:10-11, when it has determined that submission of such information is not required or necessary in order for the Department to enter into a Loan Agreement with the applicant.

(e) All applicants except those excluded by (f) below shall submit with the materials required by this section an Environmental Assessment which shall include but not be limited to:

1. A written explanation of the need for the project;

2. A map showing the location and boundaries of the system service area;

3. A statement describing and analyzing possible direct and indirect effects of the proposed activity on the system itself as well as on adjacent and non-contiguous areas with particular reference to the effect of the project on public safety, health and welfare, public and private property, water quality and quantity, the preservation of areas, sites, structures and objects determined to have significant historical, archeological, architectural or cultural value, the public trust in wetlands and wildlife and fisheries; and the protection, preservation and enhancement of the natural environment. It shall describe and analyze:

i. The reasons why this plan and design are the most appropriate for the project;

ii. Temporary and permanent physical changes which would be caused by the proposed activity and the impact of these changes on the activity area and immediate environs;

iii. Alternatives to the proposed project which would reduce or avoid environmental damage;

iv. All measures to be taken during and after the completion of the project to reduce detrimental onsite and offsite effects;

v. Adverse environmental impacts which cannot be avoided and why they cannot be avoided;

vi. The specific benefits of the project.

(f) At the pre-design conference the Department will specify for each project those aspects of the Environmental Assessment it wants emphasized. The Department reserves the right to waive the Environmental Assessment requirement for those projects that have no significant impact on the environment.

(g) The Department shall award a loan to those applicants receiving a Notice of Intent to Award a loan, subject to available appropriations, and the provisions of 7:1A-2.11(c), who obtain and submit all required permits and materials, prepared to the satisfaction of the Department, within six months after the Notice of Intent to Award a loan or within the time limits of any extension granted pursuant to (h) below.

(h) Any applicant who fails to submit the required materials prepared in a proper manner and the required permits within the six month period shall lose its eligibility for a loan during that application period, as applicable, unless the time period is extended by the Department.

1. The Department may extend the time for submission of the required materials and/or permits for up to three months if the applicant justifies the need for such extension to the satisfaction of the Department.

2. The Department may grant an additional three months' extension for the submission of the required permits if the applicant demonstrates to the satisfaction of the Department that the permits are delayed through no fault of its own and that the delay is due to extremely unusual circumstances.

3. The Department may, at its discretion, grant time in addition to the above for submission of all required permits in the case of extenuating circumstances beyond an applicant's control.

N.J. Admin. Code § 7:1A-2.12

As amended, R.1982 d.281, effective 8/16/1982.
See: 14 New Jersey Register 499(c), 14 New Jersey Register 915(a).
Added (b), (c)1, (c)2ii and iii, and Tables 1 and 2.
As amended, R.1983 d.534, effective 11/21/1983.
See: 15 New Jersey Register 1307(a), 15 New Jersey Register 1940(a).
(c)iii added; under (g), "application period" was "year".
As amended, R.1984 d.232, effective 6/18/1984.
See: 16 New Jersey Register 631(a), 16 New Jersey Register 1479(a).
"Project development phase" was formerly codified at N.J.A.C. 7:1A-2.13. The original text of N.J.A.C. 7:1A-2.12 was "Priority determination"; (a)-(h) of that text are now found at N.J.A.C. 7:1A-3.2; (i)-(m) were recodified at N.J.A.C. 7:1A-2.11 as (a)-(e); (c) revised; new (d) added; former (d)-(g) redesignated (e)-(h); (h)3 added.
Emergency amendment, R.1988 d.479, effective 9/19/1988 (expires November 18, 1988).
See: 20 New Jersey Register 2470(a).
Deleted "bond"; substituted "loan" for "system rehabilitation" and substituted "constructed" for "rehabilitated".
Adopted concurrent proposal, R.1988 d.574, effective 11/18/1988.
See: 20 New Jersey Register 2470(a), 20 New Jersey Register 3129(a).
Provisions of emergency amendment R.1988 d.479 readopted without change.
Amended by R.1992 d.252, effective 6/15/1992.
See: 24 New Jersey Register 707(a), 24 New Jersey Register 2245(a).
References to Division changed to Department; regulatory and statutory cites corrected.
Amended by R.1997 d.223, effective 5/19/1997.
See: 29 New Jersey Register 7(a), 29 New Jersey Register 2268(a).
In (b), amended subsection reference from (d) to (e); inserted new (c)2vi; and recodified former (c)2vi as (c)2vii.