N.J. Admin. Code § 16:41-6.6
Current through Register Vol. 57, No. 1, January 6, 2025
Section 16:41-6.6 - Agreements(a) The Department may require the execution of an agreement as a condition of a permit, when the Department, in its sole discretion, determines that this condition is necessary, convenient, or desirable. Agreements may include, but shall not be limited to: 1. An agreement for administrative and inspection costs during construction, an estimate of which is provided by the Department to the permittee. Pursuant to the terms of the agreement, the permittee shall be responsible for payment of all Department costs incurred for these activities, even if the costs exceed the estimate; or2. A maintenance agreement for activities resulting in the installation or modification of permanent facilities within the Department's right-of-way.(b) Utility companies seeking to install facilities within the Department's right-of-way shall be required to execute a maintenance agreement as a condition of a permit. Subsequent permits shall be bound by the terms of the maintenance agreement as appropriate. These agreements shall comply with the provisions of N.J.A.C. 16:25 and shall include, but not be limited to:1. An agreement for administrative and inspection costs during construction, an estimate of which is provided by the Department to the permittee. Pursuant to the terms of the agreement, the permittee shall be responsible for payment of all Department costs incurred for these activities, even if the costs exceed the estimate; or2. A maintenance agreement for activities resulting from the installation or modification of permanent facilities within the Department's right-of-way.(c) The Operations Permit Office shall notify the applicant as to whether or not an agreement is required. When the Operations Permit Office issues the permit, execution of the agreement shall be one of the conditions. The permit applicant shall perform no activity within Department rights-of-way or property under the jurisdiction of the Department before the execution of the agreement. If the applicant does not respond to the Department's correspondence regarding the agreement within 90 days of the correspondence, the permit application shall be deemed withdrawn.N.J. Admin. Code § 16:41-6.6
Amended by 48 N.J.R. 497(a), effective 3/21/2016