N.J. Admin. Code § 7:22-10.12
Current through Register Vol. 56, No. 24, December 18, 2024
Section 7:22-10.12 - Construction phase requirements(a) The project sponsor must employ one, or more if warranted by the scope of the project, environmental inspector(s) to ensure that the requirements of the specifications relating to environmental and cultural resource protection and restoration are effectively carried out. Individuals designated as environmental inspectors by the project sponsor must possess, at a minimum, the education/experience qualifications of an Environmental Specialist employed with the Department. The Department will also conduct environmental inspections to oversee the conduct of the protection/restoration measures. Responsibilities of the project sponsor's environmental inspector(s) include the following: 1. Daily inspections of active work areas and periodic inspection of maintenance or restoration areas sufficient to ensure performance of protection measures in accordance with contract documents.2. The maintenance of a daily job diary in which they shall record the progress of the work and of any problems encountered. The environmental inspectors shall notify the contractor in writing immediately upon noticing that environmental specifications are not being met.3. At frequent intervals during construction, the recipient, the resident engineer, the environmental inspectors and the Department inspectors shall meet to review progress and to resolve difficulties that might result in unnecessary delays in the work. The Department shall notify the recipient if deficiencies are not immediately corrected. The recipient shall then direct compliance with environmental requirements.(b) After award of a contract and before construction commences, a pre-construction conference shall be held. The recipient, the resident engineer, the environmental inspectors, the Department inspectors and the contractor should reach general agreement upon procedures to be followed to comply with the plans and specifications intended to provide environmental and cultural resource protection and restoration that have been approved by the Department.(c) A final inspection shall be required following completion of all construction and restoration work encompassed by each contract. The final inspection shall be conducted as follows: 1. Upon completion of all construction and restoration work of each contract of a project, the recipient shall submit a letter to the Department stating that the project (or contract) is ready for final inspection. No final inspection can be scheduled until formal notification is received.2. The final inspection shall be a joint inspection with the recipient and/or the resident engineer, the environmental inspector, the contractor and representatives from the Department in attendance.(d) The Department shall make periodic determinations and following the final inspection, make a final determination, regarding the adequacy of the contractor's performance of the specifications relative to environmental and cultural resource protection and restoration. If the performance is not acceptable, this finding and the procedures and schedules needed to effect acceptable performance will be conveyed in writing to the project sponsor. Failure of the project sponsor to comply with the Department's requirements may subject the project sponsor to the noncompliance provisions of N.J.A.C. 7:22-3.40, 4.40 and 6.40 and N.J.A.C. 7:22A-1.8.N.J. Admin. Code § 7:22-10.12
Amended by R.1992 d.42, effective 1/21/1992.
See: 23 New Jersey Register 3282(a), 24 New Jersey Register 246(a).
Clarification regarding the number and qualifications of environmental inspectors to be provided was added; responsibilities of the Department and the loan recipient were spelled out more clearly with regard to daily or other periodic inspections, deficiencies and final inspections of work.
Amended by R.1993 d.242, effective 6/7/1993.
See: 24 New Jersey Register 4310(b), 25 New Jersey Register 2271(a).
Modified to reference the Department rather than the program involved to be consistent with the provisions of the existing rules.
Amended by R.1995 d.494, effective 9/5/1995.
See: 27 New Jersey Register 1536(a), 27 New Jersey Register 3403(a).
Amended by R.1998 d.407, effective 8/3/1998.
See: 30 New Jersey Register 1144(a), 30 New Jersey Register 2863(a).
In (a) and (d), substituted references to project sponsors for references to local government units.
Amended by R.2000 d.284, effective 7/3/2000.
See: 32 New Jersey Register 363(a), 32 New Jersey Register 2426(b).
Deleted "loan" preceding "recipient" throughout.