N.J. Admin. Code § 14:9-6.8

Current through Register Vol. 56, No. 11, June 3, 2024

Section 14:9-6.8 - Joint public hearing

(a) Designated hearing officers from the Department and the Board, or an Administrative Law Judge, shall conduct a non-adversarial joint public hearing in the area of the non-complying small water company or small sewer company, preferably in the evening, after providing notice pursuant to (b) below.

(b) Notice of the time, place and subject matter of the joint public hearing shall be given at least 30 days prior to the scheduled hearing date by the Department and Board staff as follows:

1. Publication of a display advertisement in a newspaper circulating within the proximate area of the small water company or small sewer company for a minimum of one day per week for two weeks prior to the scheduled date of the joint public hearing;

2. Issuance of press releases and utilization of other appropriate methods of notice;

3. Written notice by certified or registered mail sent to the following:

i. The non-complying small water company or small sewer company, and, if known, the company's owner or operator;

ii. Rate Counsel;

iii. Capable proximate private water companies or sewer companies; and

iv. Capable proximate municipal utilities authorities established pursuant to 40:14B-1 et seq., and doing business in the region, and municipalities or other capable proximate governmental entities located in the jurisdiction wherein the non-complying small water company provides water or sewer service.

(c) The joint public hearing shall be conducted to receive public comments regarding the possible options available to bring the non-complying small water company or small sewer company into compliance with the applicable statutory and regulatory standards. The acquisition of the non-complying small water company and/or small sewer company by the most suitable public or private entity shall be discussed.

(d) The hearing officer(s), or Administrative Law Judge, at the joint hearing may require the parties to the proceedings, as defined at 14:9-6.2, to testify concerning expenditures, including acquisition and improvement costs, as those terms are defined at 14:9-6.2, that may be required to correct actionable violations, including, but not limited to, costs necessary to:

1. Assure the availability of water;

2. Assure the potability of water;

3. Assure the provision of water at adequate volume and pressure; and

4. For small sewer companies, assure the provision of adequate sewer service in compliance with Federal and State water pollution control requirements.

(e) The Department staff shall, after consultation with the Board staff, develop a presentation for the joint public hearing. This presentation shall:

1. Indicate various options for correcting actionable violations;

2. Identify the improvements to the small water company and/or small sewer company, which would be needed under each option; and

3. Be based on the information in the record and any other information available to the Department.

(f) The Department shall mail written summaries of the Department's presentation to the persons set forth in (b)3 above at least five days before the scheduled joint public hearing date. Copies of the written summaries shall also be made available at the joint public hearing.

(g) The Board staff shall, after consultation with Department staff, develop a presentation for the joint public hearing. This presentation shall:

1. Include a preliminary estimate, for each option in the Department's presentation, of the amount of the improvement costs expected to be borne by the customers of the acquiring entity, as well as the customers of the small water company and/or small sewer company;

2. Include a preliminary estimate of the acquisition costs for each option in the Department's presentation;

3. Include a preliminary estimate, for each option in the Department's presentation, of the amount of the acquisition costs expected to be borne by the customers of the acquiring entity, as well as the customers of the small water company and/or small sewer company; and

4. Be based on the information in the record and any other information available to Board staff.

(h) The non-complying small water company and/or small sewer company shall appear at the joint public hearing and shall provide all available information pertaining to the value of its water supply facilities or sewer facilities, and pertaining to the cost of correcting actionable violations.

(i) At the joint public hearing, the Department shall, to the extent possible, describe the terms of a draft administrative consent order (ACO), developed jointly with Board staff. The draft joint ACO shall contain a schedule for the acquiring entity to make all necessary improvements to correct the actionable violations.

(j) The draft joint ACO may contain a stipulation insulating the acquiring entity from liability for penalties arising from the deficiencies, obsolescence or disrepair of the facilities at the time of acquisition. Such a stipulation shall be conditioned on the acquiring entity's compliance with the schedule in the ACO.

(k) The acquiring entity shall not be liable for penalties for violations that occurred prior to the acquisition.

(l) The public hearing shall be transcribed for the record at the expense of the non-complying small water company and/ or small sewer company.

(m) The designated Department and Board hearing officers, or an Administrative Law Judge, shall require answers from any appropriate person attending the joint public hearing, to all reasonable questions put forward.

(n) Questioning of any person who testifies shall not be permitted by any person at the joint public hearing, except for the hearing officer(s).

(o) All testimony from the parties to the proceedings shall be given under oath. In addition, the hearing officer(s) or Administrative Law Judge may require any other person to testify under oath.

(p) Following the joint public hearing, the Department and the Board shall keep the record open for at least 15 days to allow any person to submit written comments.

N.J. Admin. Code § 14:9-6.8

Amended by R.2006 d.367, effective 10/16/2006.
See: 38 N.J.R. 1538(a), 38 N.J.R. 4490(b).
Rewrote the section.