N.J. Admin. Code § 7:22-6.11

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

Section 7:22-6.11 - Application procedures

(a) Each application for Pinelands Infrastructure Trust funds shall be submitted to the Department in conformance with the time period specified in the Notice of Project Eligibility or as otherwise extended by the Department and must include full and complete documentation and any supplementary materials that the Department requires an applicant to furnish.

(b) Submissions which do not substantially comply with this subchapter shall not be processed further and the applicant shall be so advised.

(c) Processing of a Pinelands grant or loan application generally requires 60 calendar days after receipt of a complete application by the Department.

(d) The following must be submitted when applying for Pinelands Infrastructure Trust funding for the construction of wastewater treatment facilities:

1. An application for Pinelands Infrastructure Trust funding pursuant to this subchapter for the construction of wastewater treatment facilities. Each application constitutes an agreement to accept the requirements of this subchapter;

2. A resolution passed by the local government unit authorizing the filing of an application for Pinelands Infrastructure Trust funding and specifying the individual authorized to sign the Pinelands grant or loan application on behalf of the local government unit. If two or more local government units are involved in the project, a resolution indicating the lead applicant and the authorized representative is required from each;

3. Statement of Assurances (Form LP-3) and an executed Professional Services Affidavit (Form LP-11) for each person or firm whose professional services have been procured by the local government unit for the project for which cost reimbursement will be sought under this chapter, including those planning and design activities for which direct funding is provided in accordance with (f) and (g) below. If the professional services for which cost reimbursement will be sought under this chapter, have not been procured at the time of loan application, submittal by the local government unit of a letter of commitment to comply with the requirements of the Professional Services Affidavit, and to submit a copy of the executed Professional Services Affidavit to the Department immediately upon execution of the contract for the professional services, will satisfy this requirement. Submittal of the executed Professional Services Affidavit or letter of commitment is a requirement of the application process so that the Department will have written confirmation from the local government unit that it has or will procure any necessary professional services in conformance with the procurement requirements of the Local Public Contracts Law (40A:11-1 et seq.), the Wastewater Treatment Privatization Act (58:27-1 et seq.) or other State-approved method and the local government unit has or will review the proposed costs and activities and finds them acceptable. This Professional Services Affidavit requirement does not apply to professional services obtained for those planning and design activities which are covered through an allowance in accordance with 7:22-7.12;

4. Assurance of compliance with the civil rights requirements of Title VI of the Civil Rights Act of 1964 ( P.L. 88-352) and the New Jersey Law Against Discrimination (10:5-1 et seq.) (Form LP-4);

5. Project Report/Facilities Plan including evidence of compliance with the appropriate Water Quality Management Plans in accordance with the provisions of N.J.A.C. 7:15 and the Environmental Assessment Requirements for State Assisted Wastewater Treatment Facilities (N.J.A.C. 7:22-10). A complete Project Report/Facilities Plan must include:

i. A description of the Best Practicable Wastewater Treatment Technology;

ii. An analysis that includes:

(1) An evaluation of flow reduction methods. If the applicant demonstrates that the existing average daily base flow (ADBF) from the area is less than 70 gallons per capita per day (gpcd), or if the Department determines the area has an effective existing flow reduction program, this evaluation is not required;

(2) A description of the relationship between the cost, environmental benefits and capacity of alternatives analyzed and the needs to be served, including capacity for future growth expected after the wastewater treatment facilities become operational. This includes letters of intent from significant industrial users and all industries intending to increase their flows or relocate in the area documenting capacity needs and characteristics for existing or projected flows;

(3) An evaluation of the alternative methods for the reuse or ultimate disposal of treated wastewater and sludge material resulting from the treatment process; and

(4) Cost information on total capital costs, and annual operation, maintenance and replacement costs, as well as estimated annual or monthly costs to residential and industrial users.

iii. An infiltration/inflow analysis of the sewer system in accordance with 7:22-6.35;

iv. An evaluation of the water supply implications of the project; and

v. For the selected alternative, a concise description at an appropriate level of detail, of at least the following:

(1) Relevant preliminary engineering parameters, including a description of the treatment units and/or sewer system to be built, schematic flow diagrams, hydraulic profiles and preliminary design criteria;

(2) Estimated capital construction and operation and maintenance costs identifying the Pinelands Funds and local (or other source) shares, and a description of the manner in which local costs will be financed;

(3) Estimated cost of future expansion and long-term needs for reconstruction of facilities following their design life;

(4) Cost impacts on wastewater system users; and

(5) Institutional and management arrangements necessary for successful implementation;

6. For sewer rehabilitation projects, a Sewer System Evaluation Survey in accordance with 7:22-6.35;

7. Department approvable plans, specifications and technical design report;

8. A description of the public participation process to date. Public participation activities undertaken in connection with the environmental review process should be coordinated with any other applicable public participation program wherever possible;

9. A report on the participation by socially and economically disadvantaged individuals during planning and design as required by 7:22-9.12(a);

10. Project cost breakdown for each subagreement;

11. Projected cash flow schedule to be used to establish the disbursement schedule;

12. Project construction schedule. A court-sanctioned order or a Department-issued Administrative Consent Order indicating a compliance schedule will be required where applicable;

13.

(Reserved)

14. Certificate (legal opinion) from counsel as to title or mechanism to obtain title necessary for project sites and easements;

15. An affidavit (Form LP-7) certifying that required permits and approvals for building the wastewater treatment facilities, were received from applicable Federal, State, and local agencies;

16. A statement from the applicant indicating that it has not violated any Federal, State or local law pertaining to fraud, bribery, graft, kickback, collusion or conflicts of interest relating to or in connection with the planning and design of the project;

17. A statement from the applicant which indicates if it used the services of a person for planning or design of the project whose name appears on the State Treasurer's list of debarments, suspensions and voluntary exclusions;

18. Executed service, and/or deficiency or other intermunicipal agreements, if applicable. If the project will serve two or more local government units, the applicant shall submit the executed service agreements, contracts or other legally binding instruments necessary for the financing, building and operation of the proposed wastewater treatment facilities. At a minimum, these documents must include the basis upon which costs are allocated, the formula by which costs are allocated, and the manner in which the cost allocation system will be administered;

19. Draft engineering agreements for building services;

20. A description of how the applicant plans to repay the Pinelands loan, if applicable, and pay any other expenses necessary to fully complete and implement the project, the steps it has taken to implement this plan, and steps it plans to take before receiving the Pinelands loan that guarantee that at the time of the signing of the Pinelands loan agreement it is irrevocably committed to repay the Pinelands loan and pay any other expenses necessary to fully complete, implement, operate and maintain the project. The description must include: pro forma projections of the applicant's financial operations during the construction period of the project and five years thereafter; a summary of the sources and uses of all funds anticipated to be used for the project to be financed by the Pinelands Fund loan; and a statement of the assumptions used in creating these projections. Applicants shall secure all loans in a manner acceptable to the State pledging to provide funds to repay the debt, even if the Pinelands loan is terminated pursuant to 7:22-6.43. Acceptable security arrangements include, but are not limited to, general obligation bonds of the local government unit, municipal bond insurance, and service/deficiency agreement(s) with government units with general taxing power and surety bonds.

21. Comments or approvals from relevant State, local, and Federal agencies.

22. Such other information as the Department may require.

(e) Certain planning and design projects shall be permitted under the Pinelands Infrastructure Trust Bond Act. These projects shall be approved subject to a determination of need as determined by the New Jersey Pinelands Commission. This determination of need may be based on but is not necessarily limited to groundwater contamination, surface water contamination, the potential use of Pinelands Development Credits in Regional Growth Areas, community financial and budget restraints, or overall development pressures. Any agency receiving a planning grant or loan moneys must agree, as a grant or loan provision, to abide by and follow the findings of the Planning Study with regard to recommendations for infrastructure construction.

(f) The following shall be submitted when applying for Pinelands Infrastructure Trust funding for the planning of wastewater treatment facilities:

1. A plan of study representing:

i. The proposed planning area;

ii. An identification of the entity or entities that will be conducting the planning;

iii. The nature and scope of the proposed project including a schedule for the completion of certain tasks;

iv. An itemized description of the estimated costs for the project; and

v. Any significant public comments received.

2. Comments or approvals of relevant State, local and Federal agencies.

3. Draft engineering agreements and related cost documentation and an executed Professional Services Affidavit (Form LP-11) for each person or firm whose professional services are procured by the local government unit for the project for which cost reimbursement is sought under this chapter.

(g) The following shall be submitted when applying for Pinelands Infrastructure Trust Funding for the design of wastewater treatment facilities:

1. A project report (including the environmental assessment) in accordance with Department guidelines;

2. Adequate information regarding availability of proposed site(s), if relevant;

3. Comments or approvals of relevant State, local and Federal agencies;

4. Proposed intermunicipal agreements necessary for the construction and operation of the proposed wastewater treatment for any facilities serving two or more municipalities and facilities; and

5. A schedule for initiation and completion of the project including milestones.

6. Draft engineering agreements and related cost documentation and an executed Professional Services Affidavit (MWA Form LP-11) for each person or firm whose professional services are procured by the local government unit for the project for which cost reimbursement is sought under this chapter.

(h) Applicants shall obtain all necessary Federal, State, and local permits and approvals prior to the award of a Pinelands grant or loan unless prior approval for an extension for one or more specific permits has been granted by the Department that does not significantly affect the grant or loan award. Excluded from prior acquisition are permits and approvals which are impractical to obtain prior to the loan award (such as, road opening permit and blasting permit).

N.J. Admin. Code § 7:22-6.11