N.J. Admin. Code § 7:22-6.4 - Definitions

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

The following words and terms, when used in this subchapter, 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 Pinelands grant or loan agreement. Allowable costs will be determined on a project specific basis in accordance with N.J.A.C. 7:22-7.

"Allowance" means an eligible project cost for planning and design costs based on a percentage of the project's allowable building cost, computed in accordance with 7:22-7.12, and awarded in conjunction with the Pinelands Fund grant or loan to build the project.

"Applicant" means any local government unit that applies for a Pinelands grant or loan pursuant to the provisions of these rules and regulations.

"Best Practicable Waste Treatment Technology" (BPWTT) means the 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 FR 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 Act" means the Pinelands Infrastructure Bond Act of 1985 ( P.L. 1985, c.302) and any amendatory and supplementary acts thereto as well as future bond acts passed for the purpose of providing funds for the construction of wastewater treatment facilities.

"Bonds" means the bonds authorized to be issued, or issued, under the Pinelands Infrastructure Trust Bond Act or future bond acts passed for the purpose of providing funds for the construction of wastewater treatment facilities.

"Building cost" means the cost for the acquisition, erection, alteration, remodeling, improvement or extension of wastewater treatment facilities. This definition excludes administration, legal, fiscal and engineering 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. 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 units are cost effective and are owned, operated and maintained by the local government unit.

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

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

"Comprehensive management plan" means the plan for the protection of the Pinelands area adopted pursuant to 13:18A-8.

"Construction" includes, but is not limited to, the preliminary planning to determine the economic and engineering feasibility of wastewater treatment facilities; the engineering, architectural, legal, fiscal, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other action necessary for the construction of wastewater treatment facilities; the acquisition of land (including sewer right-of-ways); the erection, building, alteration, remodeling, improvement, or extension of wastewater treatment facilities; and the inspection and supervision of the construction of wastewater treatment 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.

"DAC" means "Discharge Allocation Certificate".

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

"Design life" means the length of time during which a wastewater treatment facility is planned and designed to be operated.

"Discharge Allocation Certificate" (DAC) means the certificate issued by the Department pursuant to N.J.A.C. 7:14A which designates the quantity and quality of pollutants which may be discharged by any person planning to undertake any activity which will result in a discharge to surface water or a substantial modification in a discharge to surface water.

"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 individuals.

"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 Water Pollution Control Act Amendments" means the Federal Water Pollution Control Act Amendments of 1972 ( 33 U.S.C. 1251 et seq.) and any amendatory of supplementary acts thereto.

"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 Pinelands grant or loan agreement.

"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.

"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 washwaters, or drainage. Inflow does not include, and is distinguished from, infiltration.

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

"Local government unit" means a county, municipality, municipal or county sewerage or utility authority, municipal sewerage district, joint meeting, or any other political subdivision of the State authorized to construct and/or operate wastewater treatment facilities.

"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.

"Operation and maintenance" means the following activities required to assure the dependable and economical functioning of wastewater treatment 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 wastewater treatment facilities, including, but not limited to, financial and personnel management, recordkeeping, laboratory control, process control, safety and emergency operation planning.

"Pinelands Area" means the area so designated by N.J.S.A. 13:18A-11a.

"Pinelands Bond Act" means the Pinelands Infrastructure Bond Act of 1985 ( P.L. 1985 c.302) and any amendatory complementary acts thereto.

"Pinelands Commission" means the commission created pursuant to 13:18A-4.

"Pinelands Fund" or "Pinelands Infrastructure Trust Fund" means the Pinelands fund established pursuant to the Pinelands Bond Act or other fund established by a future bond act for the construction of wastewater treatment facilities.

"Pinelands grant" or "Pinelands Infrastructure Trust grant" means a grant from the Pinelands Infrastructure Trust fund or future bond act funds or other appropriations for the allowable costs of a wastewater treatment facilities project.

"Pinelands grant agreement" means the legal instrument executed between the State of New Jersey and the local government unit for the construction of wastewater treatment facilities.

"Pinelands Infrastructure Master Plan" means an infrastructure needs report prepared by the New Jersey Pinelands Commission which includes a capital projects inventory within regional growth areas, assessment of projects, establishment of a priority ranking system for projects, and a final ranking of Pinelands Infrastructure projects.

"Pinelands Infrastructure Trust Funding List" means the mechanism by which projects are ranked and a subsequent funding list developed by the Pinelands Commission through the Pinelands Infrastructure Master Plan.

"Pinelands loan" or "Pinelands Infrastructure Trust loan" means a loan from the Pinelands Infrastructure Trust Fund or future bond act funds or other appropriations for the allowable costs of a wastewater treatment facilities project.

"Pinelands loan agreement" means the legal instrument executed between the State of New Jersey and the local government unit for the construction of wastewater treatment facilities.

"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 Pinelands grant or 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 and the specifications, including the quantity of excessive infiltration and inflow proposed to be eliminated, which the project is planned and designed to meet.

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

"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 local government unit which has received preaward approval pursuant to 7:22-6.32 or a Pinelands grant or loan pursuant to this subchapter.

"Regional growth area" means an area designated in the comprehensive management plan as a receiving area for Pinelands Commission development credits to accommodate regional growth.

"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 local government unit in which a conveyance pipe will be installed.

"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.

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

"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.

"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 or stormwater runoff system or any combination thereof.

"Wastewater treatment facilities" includes, but is not limited to, any equipment, plants, structures, machinery, apparatus, or land that shall 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 overflow, 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.).

Notes

N.J. Admin. Code § 7:22-6.4
Amended by R.1992 d.42, effective 1/21/1992.
See: 23 New Jersey Register 3382(a), 24 New Jersey Register 246(a).
Amended to provide definitions applicable to the test of the amendments included in subsequent sections of the subchapter.
Amended by R.1993 d.242, effective 6/7/1993.
See: 24 New Jersey Register 4310(b), 25 New Jersey Register 2271(a).
Amended to include several definitions applicable to the construction requirements included in N.J.A.C. 7:22-6.17.
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.2006 d.22, effective 1/3/2006.
See: 37 New Jersey Register 2645(a), 38 New Jersey Register 139(a).
Deleted "Ad valorem tax", "Alternative technology", "Certified mail", "Innovative technology", and "User charge".

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