N.J. Admin. Code § 14:9-6.7

Current through Register Vol. 56, No. 9, May 6, 2024

Section 14:9-6.7 - Departmental and Board actions

(a) Prior to the implementation of procedures under the Act, the Department shall actively pursue appropriate and available enforcement options to cause a small water company or small sewer company to cease all actionable violations, including, but not limited to:

1. Issuance of notices of violation;

2. Issuance of administrative orders;

3. Direct negotiation;

4. Appropriate legal proceedings; or

5. All other enforcement options deemed reasonable and appropriate by the Department consistent with its statutory mandate.

(b) An unstayed Department order issued to a small water company or small sewer company, concerning an actionable violation, shall constitute a basis upon which the Department and the Board may initiate proceedings under the Act and this subchapter as follows:

1. A Department order shall specify on a case-by-case basis a reasonable time period in which the small water company or small sewer company must correct and eliminate the actionable violation(s), and shall provide the small water company or small sewer company with the opportunity for an evidentiary hearing pursuant to 52:14B-1 et seq. and 52:14F-1 et seq. to determine whether there has been compliance with appropriate statutory and regulatory standards;

2. If administrative hearing procedures have been initiated by a small water company or small sewer company concerning any outstanding Department order, the Department may move to join any new order issued with the ongoing administrative hearing procedures; and

3. The Department may issue another order concerning any small water company or small sewer company at any time.

(c) Should the Department conclude, following the expiration of the times for compliance set forth in Department orders, or following an evidentiary hearing if one has been requested, that the small water company or small sewer company has not complied with the Department's order and no stay has been obtained, the Department shall provide Board staff with immediate notice of the small water company's or small sewer company's noncompliance and the Department and Board shall jointly decide whether to invoke and initiate the provisions as set forth in 7:19-5.8 and 14:9-6.8.

(d) If a small water company and a small sewer company serve a common franchise area, were established by the same developer to serve the franchise, and are under common control or ownership, the companies may be treated as one company for purposes of a takeover proceeding under this subchapter, provided that any acquisition payments made by the acquiring public or private entity shall be separately allocated and made available to the creditors and claimants of each company in accordance with N.J.S.A. 59:11-60(c).

N.J. Admin. Code § 14:9-6.7

Amended by R.2006 d.367, effective 10/16/2006.
See: 38 N.J.R. 1538(a), 38 N.J.R. 4490(b).
Section was "Departmental action". Rewrote introductory paragraph of (a); in (a)1, substituted "notices of violation" for "directive letters"; rewrote (b) and (c); and added (d).