N.J. Admin. Code § 16:53B-6.1 - Railroad responsibilities

(a) Regarding the inspection, maintenance, rehabilitation, replacement, or removal of railroad overhead bridges assigned pursuant to this chapter, the entity owning or controlling a railroad right-of-way shall provide the following services to the party with jurisdiction for the bridge over the right-of-way. Those services must be provided in the form and manner prescribed by the Commissioner, at the entity's own expense, and within 30 days or within a specified timeframe, as determined by the Commissioner.

1. Necessary and sufficient access to railroad property and right-of-way, including applicable insurance;

2. Necessary track safety personnel and services, such as flag protection and de-energizing/energizing electric power lines;

3. Review of plans and specifications;

4. Consultants' fees; and

5. Any other incidental railroad services required to enable the party with jurisdiction over the railroad overhead bridge to undertake its applicable responsibilities, such as release of all appropriate records and plans related to a bridge.

(b) Following notice and a public hearing held pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, if the Commissioner determines that the entity has failed to provide the services required under this chapter with respect to a specific project for the repair, inspection, rehabilitation, or replacement of a bridge, and further determines that the project is in the public interest, the Commissioner shall, by written order, compel the entity to provide those services determined to be necessary, at whatever times and in whatever manner the Commissioner so determines.

Notes

N.J. Admin. Code § 16:53B-6.1

Renumbered from N.J.A.C. 16:53B-1.6 by 49 N.J.R. 336(b), effective 2/21/2017 Amended by 56 N.J.R. 1727(b), effective 8/19/2024