N.J. Admin. Code § 14:9-6.2
Unless the context clearly indicates otherwise, the following terms, when used in this subchapter, shall have the following meanings. Additional definitions that apply to this subchapter can be found at N.J.A.C. 14:9-1.2 and in the Board's rules for all utilities at N.J.A.C. 14:3-1.1.
"Acquisition cost" means the cost to an acquiring entity of completing the transaction required to take over a small water and/or small sewer company through the process set forth in this subchapter. This term includes the actual purchase price of the small water and/or sewer company, as determined through negotiations under N.J.A.C. 14:9-6.1 1, or through eminent domain proceedings. The Board shall make the final decision as to what activities are necessary to complete the transaction and thus what constitutes acquisition costs in a particular case.
"Act" means the "Small Water Company and Small Sewer Company Takeover Act,"N.J.S.A. 58:11-59 et seq., as amended.
"Actionable violation" means:
1. For a small water company, an uncorrected violation of applicable statutory or regulatory standards, including, but not limited to, the New Jersey Safe Drinking Water Regulations, N.J.A.C. 7:10, which adversely affects the quality, pressure or volume of water delivered, as determined by the Department. Violations by a small water company or small sewer company of applicable statutory and regulatory standards that do not affect the quality, pressure or volume of water delivered as determined by the Department, in consultation with the Board, shall not be considered actual or imminent public health problems for the purposes of this subchapter, including, but not limited to, aesthetic water quality problems or minor design deficiencies; and
2. For a small sewer company, any uncorrected violation that the New Jersey Department of Environmental Protection determines is a "serious violation," or that causes the company to be a "significant noncomplier," as those terms are defined in the Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq. and implementing rules.
"Board" means the New Jersey Board of Public Utilities.
"Capable" means financially and operationally able to provide safe, adequate and proper water service for the existing and foreseeable customers of the small water company or safe, adequate and proper sewer service for the existing and foreseeable customers of the small sewer company in compliance with environmental standards. The Department staff shall consult with Board staff concerning the financial status of any potential acquiring public or private entity.
"Commissioner" means the Commissioner of the Department of Environmental Protection or a designated representative.
"Department" means the Department of Environmental Protection.
"Improvement cost" means a cost expended in order to correct an actionable violation at a small water company and/or small sewer company.
"Party to the proceedings" or "party" means a noncomplying small water company and/or small sewer company; a potential acquiring public or private entity or entities; and the Division of Rate Counsel.
"Proximate" means all private water or sewer companies, municipal utilities authorities established pursuant to N.J.S.A. 40:14B-1 et seq., and doing business in the region, and municipalities or other suitable governmental entities located in the jurisdiction wherein the small water company or small sewer company provides service, regardless of their ability to reasonably physically interconnect with the small water company or small sewer company to be acquired.
"Rate Counsel" means the Division of Rate Counsel, which is located in, but not of, the New Jersey Department of the Treasury, pursuant to N.J.S.A. 52:27EE-54, or any successor agency.
"Small sewer company" means any company, business, or entity, other than a governmental agency, which is a public utility as defined pursuant to N.J.S.A. 48:2-13, that collects, stores, conveys, or treats wastewater, and that regularly serves fewer than 1,000 billed customers.
"Small water company" means any company, purveyor or entity, other than a governmental agency, which is a public utility as defined pursuant to N.J.S.A. 48:2-13, that provides water for human consumption and which regularly serves less than 1,000 billed customers.
N.J. Admin. Code § 14:9-6.2
See: 38 N.J.R. 1538(a), 38 N.J.R. 4490(b).
Rewrote the introductory paragraph and definitions "Act", "Capable", "Commissioner", "Proximate" and "Small water company"; added definitions "Acquisition cost", "Improvement cost", "Party to the proceedings" and "Small sewer company"; substituted definitions "Actionable violation" for "Actual or imminent public health problems" and "Rate Counsel" for "Public Advocate", and rewrote the definitions; and substituted definition "Board" for "BPU".
Amended by R.2014 d.049, effective 3/17/2014.
See: 45 N.J.R. 2174(a), 46 N.J.R. 550(a).
In the introductory paragraph, deleted a comma following "14:9-1.2"; in definition " 'Party to the proceedings' or 'party' ", deleted "Department of the Public Advocate," preceding "Division"; and rewrote definition "Rate Counsel".