N.J. Admin. Code § 7:22-6.30 - Project performance

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

(a) Within 30 days of the actual date of initiation of operation of the wastewater treatment facilities the recipient shall, in writing, notify the Department.
(b) For the wastewater treatment process portion of the project, 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 wastewater treatment facilities' performance standards as specified in the Pinelands grant or loan agreement, the recipient shall submit the following:
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; and
3. The scheduled date for certifying to the Department that the project is meeting the specified performance standards.
(c) The recipient shall take corrective action necessary to bring a project into compliance with the specified performance standards at its own expense.
(d) Nothing in this section:
1. Prohibits a recipient from requiring more assurances, guarantees, or indemnity or other contractual requirements from any part 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.
(e) At a minimum, unless further specified, the project performance standards consist of the effluent discharge limitations in the NJPDES permit (if applicable), the construction standards identified at 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.

Notes

N.J. Admin. Code § 7:22-6.30
Amended by R.1992 d.42, effective 1/21/1992.
See: 23 New Jersey Register 3282(a), 24 New Jersey Register 246(a).
Modified to clearly indicate that, at a minimum, project performance standards will include the NJPDES permit effluent discharge limitations as well as the design criteria within the Technical Design Report for the wastewater treatment facilities project.
Amended by R.2006 d.22, effective 1/3/2006.
See: 37 New Jersey Register 2645(a), 38 New Jersey Register 139(a).
In (e), added references to N.J.A.C. 7:14A-22 and 23 to the list of project performance standards; substituted "project" for "Project" in the last sentence.

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