N.J. Admin. Code § 7:22-3.36 - Reserve capacity

Current through Register Vol. 54, No. 7, April 4, 2022

(a) Except as provided in (d) below, for wastewater treatment facilities, the Department shall limit the recipient's Fund 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 Fund loan agreement. In no case, however, shall the allowable capacity for existing flows exceed 120 gallons per capita per day. Flow projections shall be calculated in accordance with 7:14A-23.3 and 7:15-5.18.
(b) Except as provided in (d) below, for water supply facilities, the Department shall limit the recipient's Fund loan assistance to the cost of the project, to address the water supply needs for which the planning requirements at N.J.A.C. 7:22-10 have been met, with a capacity based on the existing population and water supply demand anticipated as of the date of initiation of operation as established in the Fund loan agreement.
(c) Except as provided in (d) below, the incremental cost for any project providing reserve capacity which, for the purposes of this section, includes capacity in excess of that provided by (a) or (b) above shall be unallowable costs under the Fund loan agreement, but may be allowable costs under a Trust loan agreement in accordance with 7:22-4.36. Incremental costs include all costs which would not have been incurred but for the reserve capacity (that is, any cost in addition to the most cost effective alternative with allowable capacity as described in (a) or (b) above).
(d) For Fund loan awards in State Fiscal Year 2004 and beyond, the incremental costs associated with reserve capacity, as described in (c) above, shall be an allowable cost under a Fund loan agreement for that portion of a project that serves a green light area on the Blueprint for Intelligent Growth (BIG) Map promulgated in rule by the Department. Until the Department promulgates the BIG Map in rule, the incremental costs associated with reserve capacity shall be an allowable cost under the Fund loan agreement for that portion of a project that serves an Urban Center or Urban Complex designated by the State Planning Commission in accordance with the New Jersey State Planning Act, 52:18A-196 et seq. and the State Development and Redevelopment Plan (adopted March 1, 2001).

Notes

N.J. Admin. Code § 7:22-3.36
Amended by R.1992 d.42, effective 1/21/1992.
See: 23 New Jersey Register 3282(a), 24 New Jersey Register 246(a).
Editorial change only.
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).
Rewrote (a); inserted a new (b); and rewrote and recodified former (b) as (c).
Amended by R.2003 d.401, effective 10/6/2003.
See: 35 New Jersey Register 1475(a), 35 New Jersey Register 4719(a).
In (a) through (c), inserted references to the exceptions as provided in (d); added (d).

The following state regulations pages link to this page.



State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.