Current through Register Vol. 54, No. 7, April 4, 2022
(a) Within 30
days of the actual date of initiation of operation of the project, the
recipient shall, in writing, notify the Department.
On the date one year after the initiation
of operation, the recipient shall certify to the Department the performance
record of the project. If the Department or the recipient concludes that the
project does not meet the environmental infrastructure facilities' performance
standards as specified in the Fund loan agreement, the recipient shall submit
1. A corrective action report
which includes an analysis of the cause of the project's failure to meet the
performance standards and an estimate of the nature, scope and cost of the
corrective action necessary to bring the project into compliance;
2. The schedule for undertaking in a timely
manner the corrective action necessary to bring the project into compliance;
3. The scheduled date for
certifying to the Department that the project is meeting the specified
(c) The recipient shall take corrective
action necessary to bring a project into compliance with the specified
performance standards at its own expense.
Nothing in this section:
1. Prohibits a recipient from requiring more
assurances, guarantees, or indemnity or other contractual requirements from any
party performing project work; or
2. Affects the Department's right to take
remedial action, including enforcement, against a recipient that fails to carry
out its obligations.
At a minimum, unless further specified, the project performance standards for
wastewater treatment facilities consist of the effluent discharge limitations
in the NJPDES permit (if applicable), the construction standards identified in
N.J.A.C. 7:14A-22, Treatment Works Approvals, Sewer Bans, Sewer Ban Exemptions,
N.J.A.C. 7:14A-23, Technical Requirements for Treatment Works Approval
Applications and the design criteria in the Department-approved Engineer's
Technical Design Report submitted by the local government unit for the project,
including the quantity of excessive infiltration and inflow which the project
is designed to eliminate. The project performance standards for water supply
projects consist of N.J.A.C. 7:10-11, Standards for the Construction of Public
Community Water Systems, or N.J.A.C. 7:10-12, Standards for the Construction of
Public Noncommunity Water Systems and Nonpublic Water Systems, as applicable.
The project performance standards for landfill closure facilities consist of
the landfill's approved Closure and Post-Closure Plan submitted in accordance
with 7:26-2A.9. The project performance
standards for new landfill facilities consist of the solid waste facility
permit issued pursuant to N.J.A.C. 7:26-2. The project performance standards
for remedial action activities consist of the Technical Requirements for Site
Remediation, N.J.A.C. 7:26E, approved by the Department. The project
performance standards for well sealing projects consist of N.J.A.C.
N.J. Admin. Code §
Amended by R.1992 d.42,
See: 23 New Jersey Register 3282(a), 24 New Jersey Register
"Assistant Director" replaced by "Department"; new (e)
Amended by R.1998 d.407, effective
New Jersey Register 1144(a), 30 New Jersey Register 2863(a).
(b), substituted "environmental infrastructure" for "wastewater treatment"; and
Amended by R.2000 d.284, effective
New Jersey Register 363(a), 32 New Jersey Register 2426(b).
(e), added the third through sixth sentences.
Amended by R.2006
d.22, effective 1/3/2006.
See: 37 N.J.R. 2645(a), 38 N.J.R. 139(a).
added references to N.J.A.C. 7:14A-22 and 23 to the list of project performance
standards; amended the N.J.A.C. reference in the last