N.J. Admin. Code § 7:22-4.36

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:22-4.36 - Reserve capacity

(a) For those wastewater treatment facilities eligible for Trust loans in State fiscal year 1993 and beyond whose project sponsor indicates in its initial loan application that it does not want to exercise its option to receive Trust loan assistance for those costs related to reserve capacity that the Department determines to be unallowable under the provisions of N.J.A.C. 7:22-3.36, the Trust shall limit the recipient's Trust loan assistance to the cost of the project, to address the wastewater needs for which the planning requirements at N.J.A.C. 7:22-10 have been met, with a capacity based upon flow records, existing unsewered needs and flows anticipated as of the date of initiation of operation as established in the Trust loan agreement.

(b) For those wastewater treatment facilities eligible for Trust loans in State fiscal year 1993 and beyond for which the local government unit indicates in its initial loan application that it wants to exercise its option to receive Trust loan assistance for those costs related to reserve capacity that the Department determines to be unallowable under the provisions of N.J.A.C. 7:22-3.36, the Trust may offer a market rate Trust loan for such costs.

(c) For those wastewater treatment facilities which received an initial Trust loan in State fiscal year 1992, the Trust may offer a market rate Trust loan for the costs related to the reserve capacity that the Department determines to be unallowable under the provisions of N.J.A.C. 7:22-3.36 provided the local government unit submits a Trust loan application for such costs in State fiscal year 1993 or 1994 and provided the local government unit submits the loan application for such costs in conjunction with its supplemental Trust loan application (if eligible to receive a supplemental Trust loan).

(d) In no case, however, shall the allowable capacity for existing flows exceed 120 gallons per capita per day for wastewater treatment facilities, or exceed the capacity to address wastewater needs for which the planning requirements at N.J.A.C. 7:22-10 have been met. Flow projections shall be calculated in accordance with N.J.A.C. 7:14A-23.3 or 7:15-5.18.

(e) For those wastewater treatment facilities which received Trust loans in State fiscal year 1991 or earlier, the Trust shall limit the recipient's Trust loan assistance as described in (a) above.

(f) For water supply facilities, the Trust may offer a market rate Trust loan for the costs related to reserve capacity that the Department determines to be unallowable under the provisions of N.J.A.C. 7:22-3.36, to address the water supply needs for which the planning requirements at N.J.A.C. 7:22-10 have been met. Unless the applicant indicates in its initial loan application that it wishes to obtain a Trust loan for the unallowable capacity, the Trust loan assistance for the project shall be limited in accordance with N.J.A.C. 7:22-3.36.

N.J. Admin. Code § 7:22-4.36

Amended by R.1992 d.42, effective 1/21/1992.
See: 23 New Jersey Register 3282(a), 24 New Jersey Register 246(a).
The Trust practice modified to provide market rate loans for the incremental costs associated with reserve capacity.
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) through (c), substituted "wastewater treatment facilities" for "projects" throughout; in (a) and (d), inserted references to N.J.A.C. 7:22-10; and added a new (f).