N.J. Admin. Code § 7:22-3.4 - Definitions

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

The following words and terms, when used in this subchapter, will have the following meanings unless the context clearly indicates otherwise.

"Allowable costs" means those costs that are eligible, reasonable, necessary and allocable to the project; permitted by generally accepted accounting principles; and approved by the Department in the Fund loan agreement. Allowable costs shall be determined on a project specific basis in accordance with N.J.A.C. 7:22-5.

"Allowance" means a loan amount for planning and design costs based on a percentage of the project's allowable building cost, computed in accordance with 7:22-5.12.

"Applicant" means any project sponsor that applies for a Fund loan pursuant to the provisions of these rules and regulations.

"Best Management Practices" means proven procedures for reducing nonpoint source pollution through both structural and nonstructural controls, including improvements to operation and maintenance procedures.

"Best Practicable Waste Treatment Technology" (BPWTT) means the most cost-effective technology that can treat wastewater, combined sewer overflows and nonexcessive infiltration and inflow in publicly owned or individual wastewater treatment facilities, to meet the applicable provisions of:

1. 40 CFR Part 133 -secondary treatment of wastewater;

2. 40 CFR Part 125, Subpart G-marine discharge waivers;

3. 40 CFR 122.44(d) -more stringent water quality standards and State standards; and/or

4. 41 CFR 6190 (February 11, 1976)-Alternative Waste Management Techniques for Best Practicable Waste Treatment (treatment and discharge, land application techniques and utilization practices, and reuse).

"Bond Acts" means the Wastewater Treatment Bond Act, the Stormwater Management and Combined Sewer Overflow Abatement Bond Act, the Green Acres, Clean Water, Farmland and Historic Preservation Bond Act, the Dam, Lake, Stream, Flood Control, Water Resources, and Wastewater Treatment Bond Act, the Water Supply Bond Act and future bond acts passed for the purpose of providing funds for the construction of environmental infrastructure facilities. As they are enacted, reference to such bond acts shall be added to this definition through a notice of administrative change published in the New Jersey Register, pursuant to 1:30-2.7.

"Bonds" means the bonds authorized to be issued, or issued, under the Bond Acts.

"Building" means the acquisition, erection, alteration, remodeling, improvement or extension of environmental infrastructure facilities.

"Building cost" means the cost for building environmental infrastructure facilities. This definition excludes administration, legal, fiscal and engineering costs, and costs associated with the planning and design of the project.

"Change order" means an alteration of the cost, scope or time of performance of a subagreement occurring subsequent to the execution of that subagreement.

"Collection system" means the sewers which are primarily installed to receive wastewaters directly from individual systems or from private property and which include service "Y" connections designed for connection with those private facilities when owned, operated and maintained by or on behalf of the local government unit. Included in this definition are crossover sewers connecting more than one property on one side of a major street, road or highway to a lateral sewer on the other side when more cost effective than parallel sewers, and pumping units and pressurized lines serving individual structures or groups of structures when such units are cost effective.

"Combined sewer" means a sewer that is designed to function as both a sanitary sewer and a storm sewer.

"Commission" means the New Jersey Commission on Capital Budgeting and Planning.

"Community water system" means a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

"Construction" includes, but is not limited to, the preliminary planning to determine the economic and engineering feasibility of environmental infrastructure facilities; the engineering, architectural, legal, fiscal, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other action necessary for building environmental infrastructure facilities; the purchase of land for and the building of environmental infrastructure facilities; and the inspection and supervision of the building of environmental infrastructure facilities.

"Contract" means a subagreement as defined in this subchapter.

"Conventional technology" means the processes and techniques involving the treatment of wastewater at a centralized treatment plant by means of biological or physical/chemical unit processes followed by direct point source discharge to surface waters.

"Dam, Lake, Stream, Flood Control, Water Resources, and Wastewater Treatment Bond Act" means the Dam, Lake, Stream, Flood Control, Water Resources, and Wastewater Treatment Bond Act of 2003 (P.L. 2003, c. 162), as amended and/or supplemented.

"Department" means the New Jersey Department of Environmental Protection and its successors and assigns.

"Design life" means the length of time during which an environmental infrastructure facility is planned and designed to be operated.

"Differing site conditions" means conditions at the project site, which:

1. Differ materially from physical conditions (including subsurface and latent conditions) referred to in the plans, specifications and reports submitted under 7:22-3.11(d)7; and

2. Were not known to the applicant at the time the building contracts were executed.

"Economically disadvantaged individuals" as defined in 15 U.S.C. § 637(a)(6) means those socially disadvantaged individuals whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business area who are not socially disadvantaged.

"Environmental infrastructure facilities" means wastewater treatment facilities, stormwater management facilities, water supply facilities or nonpoint source management facilities.

"EPA" means the United States Environmental Protection Agency.

"Excessive infiltration/inflow" means the quantities of infiltration/inflow which can be economically eliminated from a sewer system as determined in a cost-effectiveness analysis that compares the costs for correcting the infiltration/inflow conditions to the total costs for transportation and treatment of the infiltration/inflow.

"Federal grant" means a grant awarded pursuant to section 201 of the Federal Water Pollution Control Act Amendments.

"Federal Safe Drinking Water Act Amendments" means the Federal Safe Drinking Water Act Amendments of 1996 ( 42 U.S.C. §§ 300f et seq.), as amended and/or supplemented.

"Federal Water Pollution Control Act Amendments" means the Federal Water Pollution Control Act Amendments of 1972 ( 33 U.S.C. §§ 1251 et seq.), as amended and/or supplemented.

"Final building cost" means the total actual allowable cost of the final work in place for the project in accordance with the project scope as defined in the Fund loan agreement.

"Final remediation document" means a document defined as such pursuant to the Administrative Requirements for the Remediation of Contaminated Sites rules, at 7:26C-1.3.

"Force account work" means the use of the recipient's own employees or equipment for construction, construction related activities, or for repair or improvements to a facility.

"Fund" means the Wastewater Treatment Fund, the 1992 Wastewater Treatment Fund, the Stormwater Management and Combined Sewer Overflow Abatement Fund, or the Water Supply Fund established pursuant to the applicable Bond Acts, and any funds available through future bond acts or appropriations for the purpose of providing funds for the construction of environmental infrastructure projects, including ancillary accounts established to administer a revolving fund program in accordance with the Federal Water Pollution Control Act Amendments or the Federal Safe Drinking Water Act Amendments. As such bond acts are enacted, reference to such funds shall be added to this definition through a notice of administrative change published in the New Jersey Register pursuant to N.J.A.C. 1:30-2.7.

"Fund loan" means a loan from one or more of the applicable Funds for the allowable costs of an environmental infrastructure project.

"Fund loan agreement" means the legal instrument executed between the State of New Jersey and the recipient for the construction of environmental infrastructure facilities.

"Green Acres, Clean Water, Farmland and Historic Preservation Bond Act" means the Green Acres, Clean Water, Farmland and Historic Preservation Bond Act of 1992 ( P.L. 1992, c.88), as amended and/or supplemented.

"Infiltration" means water other than wastewater that enters a sewer system (including sewer service connections and foundation drains) from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow.

"Inflow" means water other than wastewater that enters a sewer system (including sewer service connections) from sources such as, but not limited to, roof leaders, cellar drains, yard drains, area drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters or drainage. Inflow does not include, and is distinguished from, infiltration.

"Initiation of operation" means the date specified by the recipient in the Fund loan agreement on which use of the project begins for the purposes that it was planned, designed and built.

"ISRA" means the Industrial Site Recovery Act, 13:1K-6 et seq.

"Land acquisition and conservation" means the fee simple purchase or easement acquisition by a local government unit of land that is deemed by the Department as appropriate for water quality protection.

"Landfill closure facilities" means the construction and implementation of all water quality-related safeguards required by law or by the sanitary landfill's approved Closure and Post Closure Plan submitted pursuant to 7:26-2A.9 and the facility's approved engineering design subsequent to the termination of operations at any portion of that facility. This includes, but is not limited to, landfill capping systems, leachate collection, storage and treatment systems, side slope seepage prevention and controls, gas condensate systems, active and passive gas collection systems (up to the point of sale or conversion), groundwater pumping, monitoring wells and equipment, landfill reclamation/reduction in lieu of landfill capping, stormwater runoff controls and intermediate cover prior to final closure.

"Licensed site remediation professional" means a person defined as such pursuant to the Administrative Requirements for the Remediation of Contaminated Sites rules, at N.J.A.C. 7:26C-1.3.

"Local government unit" means a State authority, a county, municipality, municipal or county sewerage or utility authority, municipal sewerage district, joint meeting, improvement authority or any other political subdivision of the State authorized to construct, operate and maintain wastewater treatment, stormwater management or nonpoint source management facilities, or a State authority, district water supply commission, county, municipality, municipal or county utilities authority, municipal water district, joint meeting or any other political subdivision of the State authorized pursuant to law to operate or maintain a public water supply system or to construct, rehabilitate, operate or maintain water supply facilities or otherwise provide water for human consumption.

"Low bid building cost" means the total allowable cost for the project due to the award of all contracts within a project scope to the lowest responsible and responsive bidder(s). Excluded from this cost is any cost due to change orders and any costs due to the award of contracts necessary to address differing site conditions.

"New Jersey Pollutant Discharge Elimination System" or "NJPDES" means the New Jersey system for the issuance of point source permits pursuant to the New Jersey Water Pollution Control Act, 58:10A-1 et seq., as amended and defined at 7:14A-1.2.

"New landfill facilities" means the construction of the water quality components of a new landfill or the expansion of an existing landfill to abate or prevent the occurrence of an environmentally unsound condition and one that requires a solid waste facility permit pursuant to N.J.A.C. 7:26-2. This includes, but is not limited to, landfill liner systems, including drainage blankets, geomembranes, and alternative construction materials; leachate removal or collection systems; leachate collection/removal system maintenance equipment; toe-drains and cut-off walls; leachate recirculation in composite-lined facilities and innovative gas control technologies if meant to treat leachate or improve leachate management (for example, leachate evaporation using the thermal destruction of landfill gas); leachate storage lagoons, tanks, tank covers and aeration systems; leachate evaporation systems; pre-treatment facilities at landfill site (physical, chemical, biological); on-site leachate treatment facilities (structural and vegetative); leachate transfer stations (collection/storage) and protective loading areas; tank trucks to transport leachate to treatment plant, sewer system manhole, or a composting facility; sewer connection to municipal sewer system; facilities for storage and additional treatment of leachate at municipal treatment plant; barge shelters, containment booms, litter fences and other means to prevent municipal solid waste from blowing off the landfill site and polluting surface waters, and stormwater runoff controls.

"Nonpoint source management facilities" include, but are not limited to, any equipment, plants, structures, machinery, apparatus, or land, or any combination thereof, acquired, used, constructed or operated by or on behalf of a local government unit to prevent, reduce, store or treat stormwater runoff and other water pollution that is not collected, conveyed and/or discharged through a municipal separate storm sewer system. Examples of nonpoint source management facilities include, but are not limited to, such activities as landfill closure facilities, new landfill facilities, remedial action activities, land purchase and conservation, well sealing, the purchase of maintenance equipment, such as street sweepers, leaf collection equipment and aquatic weed harvesters and the implementation/construction of other systems that will result in water quality benefits, such as salt storage structures/runoff control systems, feedlot manure/runoff control systems, streambank/lake stabilization/ restoration projects which are consistent with habitat protection and others.

"Nonprofit noncommunity water system" means a public water system that is owned and operated by a nonprofit group or organization, is not a public community water system and either regularly serves at least 25 of the same persons for more than six months in any given calendar year or serves at least 25 transient individuals for at least 60 days in any given calendar year.

"Operation and maintenance" means the following activities required to assure the dependable and economical functioning of environmental infrastructure facilities:

1. Maintenance: Preservation of functional integrity and efficiency of equipment and structures, including, but not limited to, preventive maintenance, corrective maintenance, and replacement of equipment as needed.

2. Operation: Control of the unit processes and equipment which make up the environmental infrastructure facilities, including, but not limited to, financial and personnel management, recordkeeping, laboratory control, process control, safety and emergency operation planning.

"Priority System, Intended Use Plan and Project Priority List" means the document through which projects are evaluated and ranked for funding eligibility by the Department in conformance with the Federal Water Pollution Control Act Amendments or the Federal Safe Drinking Water Act Amendments, as applicable, and State law. The Priority System establishes the ranking methodology. The Intended Use Plan establishes various funding policies and provides general information regarding the use of Federal funds for financing environmental infrastructure facilities. The Project Priority List presents the eligible projects in rank order.

"Private entity" means the owner(s) of a nongovernmental community water system or a nonprofit noncommunity water system.

"Professional services" means services rendered or performed by a person authorized by law to practice a recognized profession, whose practice is regulated by law, and the performance of which services requires knowledge of an advanced type in a field of learning acquired by a prolonged formal course of specialized instruction and study as distinguished from general academic instruction or apprenticeship and training. Examples include services provided by an accountant, archaeologist, attorney, auditor, bond counsel, engineer, environmentalist and financial advisor.

"Project" means the defined services for the construction of specified operable facilities as approved by the Department in the Fund loan agreement.

"Project performance standards" means the performance and operations requirements applicable to a project, including the enforceable requirements of the Federal Water Pollution Control Act Amendments or the Federal Safe Drinking Water Act Amendments, as applicable.

"Project scope" or "scope of work" means the scope of services and/or activities for which a Fund loan agreement has been executed by the Department and a recipient.

"Project sponsor" means any local government unit or private entity that seeks a Fund loan pursuant to this subchapter.

"Public water system" means a system for the provision to the public of piped water for human consumption, if such a system has at least 15 service connections or regularly serves at least 25 individuals daily at least 60 days out of the year. Such term includes:

1. Any collection, treatment, storage and distribution facilities under the control of the operator of such system and used primarily in connection with such system; and

2. Any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system.

"Qualified inspector" means a person in the building trades or who has construction experience and who is knowledgeable regarding acceptable construction practices and terminology related to pipe installation, concrete placement and mechanical equipment installation.

"Recipient" means any project sponsor which has received preaward approval pursuant to 7:22-3.32 or a Fund loan pursuant to this subchapter.

"Remedial action activities" means all actions that are required in a remedial action workplan developed pursuant to N.J.A.C. 7:26E and approved by the Department or by a licensed site remediation professional that are considered water quality-related.

"Responsible bidder" means a bidder that satisfactorily demonstrates to the Department that it has:

1. Financial resources, technical qualifications, experience, organization and facilities adequate to carry out the project, or a demonstrated ability to obtain these;

2. Resources to meet the completion schedule contained in the subagreement;

3. A satisfactory performance record for completion of subagreements;

4. Accounting and auditing procedures adequate to control property, funds and assets; and

5. A demonstrated record of compliance or willingness to comply with the civil rights, equal employment opportunity, labor law and other statutory requirements under this subchapter.

"Responsible engineer" means the engineer or engineering firm who is contracted by the recipient to ensure that the construction work is performed in accordance with the approved contract documents.

"Right-of-way" means a strip of land or route acquired by the project sponsor in which a conveyance pipe will be installed.

"Sewage Infrastructure Improvement Act" means the Sewage Infrastructure Improvement Act (58:25-23 et seq.), as amended and/or supplemented.

"Socially disadvantaged individuals" as defined in 15 U.S.C. § 637(a)(5) means those individuals who have been subjected to racial and ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities. 15 U.S.C. §§ 637(d)(3) presumes that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, and other minorities.

"State" means the State of New Jersey.

"Stormwater Management and Combined Sewer Overflow Abatement Bond Act" means the Stormwater Management and Combined Sewer Overflow Abatement Bond Act of 1989 ( P.L. 1989, c.181), as amended and/or supplemented.

"Stormwater management facilities" include, but are not limited to, any equipment, plants, structures, machinery, apparatus, or land, or any combination thereof, acquired, used, constructed or operated by or on behalf of a local government unit to prevent, reduce, store or treat stormwater runoff, correct interconnections or cross-connections, or otherwise address adverse impacts of stormwater runoff that enters a municipal separate storm sewer system or any combination thereof.

"Subagreement" means a written agreement between a recipient and another party (other than another public agency) and may include the prime building agreement for the project, a lower tier agreement for services, supplies, or construction necessary to complete the project; an agreement for personal and professional services with consultants; a purchase agreement for the acquisition of land; and a purchase order.

"Substantial alteration" means any change which results in an alteration of the project costs or a change of 90 days or more in the project schedule.

"Transmission facilities" means pipes and appurtenances for water supply facilities including, but not limited to, pump stations, valves, fire hydrants, water meters, service connections, curb stops, surge chambers, interconnections and storage tanks.

"Trust" means the New Jersey Infrastructure Bank created pursuant to the Trust Act, or its duly authorized agent.

"Trust Act" means the New Jersey Infrastructure Trust Act, N.J.S.A. 58:11B-1 et seq.

"Trust loan" means a loan from the Trust for the allowable costs of an environmental infrastructure project.

"Value engineering" means a specialized cost control technique which uses a systematic and creative approach to identify and to focus on unnecessarily high costs in a project in order to arrive at a cost saving without sacrificing the reliability or efficiency of the project.

"Wastewater" means residential, commercial, industrial or agricultural liquid waste, sewage, septage, stormwater runoff or any combination thereof, or other residue discharged or collected into a sewer system, stormwater runoff system or any combination thereof.

"Wastewater Treatment Bond Act" means the Wastewater Treatment Bond Act of 1985 ( P.L. 1985, c.329), as amended and/or supplemented.

"Wastewater treatment facilities" include, but are not limited to, any equipment, plants, structures, machinery, apparatus, land that will be an integral part of the treatment process or used for the ultimate disposal of residues resulting from such treatment, or any combination thereof, acquired, used, constructed or operated by or on behalf of a local government unit for the storage, collection, reduction, recycling, reclamation, disposal, separation or other treatment of wastewater, wastewater sludges, septage or industrial wastes, including, but not limited to, pumping and ventilating stations, treatment systems, plants and works, connections, extensions, outfall sewers, combined sewer overflows, intercepting sewers, trunklines, sewage collection systems, and other equipment, personal property and appurtenances necessary thereto.

"Water Quality Management Plans" means the plans prepared pursuant to Sections 208 and 303 of the Clean Water Act ( 33 U.S.C. §§ 1251 et seq.) and the Water Quality Planning Act (58:11A-1 et seq.).

"Water Supply Bond Act" means the Water Supply Bond Act of 1981 ( P.L. 1981, c. 261), as amended and/or supplemented.

"Water supply demand" means the water supply usage, based upon existing metering records and/or calculated in accordance with the provisions 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.

"Water supply facilities" means and refers to the plants, structures, service and house connections, well sealings, interconnections between existing water supply facilities, machinery, equipment and other property, personal and mixed, constructed or operated, or to be constructed or operated, in whole or in part by or on behalf of a project sponsor, for the purpose of augmenting the natural water resources of the State and making available an increased supply of water for all uses, and any and all appurtenances necessary, useful and convenient for collecting, impounding, storing, improving, treating, filtering or transmitting of water, and for the preservation and protection of these resources and facilities and providing for the conservation and development of future water supply resources, and facilitating incidental recreational uses thereof.

"Well sealing" means the permanent closure or sealing of any well in accordance with the procedures set forth in N.J.A.C. 7:9-9, Sealing of Abandoned Wells.

Notes

N.J. Admin. Code § 7:22-3.4
Amended by 51 N.J.R. 81(a), effective 1/7/2019

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