N.J. Admin. Code § 5:30-8.11

Current through Register Vol. 56, No. 17, September 3, 2024

Section 5:30-8.11 - Stormwater utility reports

(a) Any local unit that establishes a stormwater utility pursuant to N.J.S.A. 40A:26B-1 et seq., shall submit, concurrent with the adoption of the local unit's annual budget, an annual stormwater utility report to both the Division of Local Government Services in the Department of Community Affairs and the Department of Environmental Protection. The stormwater utility report shall be certified by the chief financial officer.

(b) The stormwater utility report shall contain the following information for the local unit's prior and current budget years:

1. Service area of the local unit's stormwater utility;

2. Schedule of stormwater fees, other charges, and credits established by the local units, including whether the rate structure is individually calculated, tiered, or a uniform flat fee. If the rate structure is individually calculated, the calculation method shall be described;

3. Billing frequency and whether the local unit directly bills tenants of a property;

4. The number of properties that are subject to stormwater fees and other charges, including rights-of-way and easements regardless of whether or not they are assigned a lot and block number;

5. Total realized and anticipated revenues from stormwater fees and other charges;

6. The number of properties granted credits or exemptions from any fees or charges broken down by land use type, including, but not necessarily limited to, residential, commercial, industrial, and agricultural, along with the cumulative value of credits granted to properties of each land use type. The term "properties" shall include rights-of-way and easements regardless of whether or not they are assigned a lot and block number;

7. A breakdown of credits by the following types:

i. A property maintaining and operating a stormwater management system complying with the State and local stormwater management standards that were in place at the time the system was approved and that effectively reduces, retains, or treats stormwater onsite;

ii. A property that has installed and is operating and maintaining current stormwater best management practices that reduce, retain, or treat stormwater onsite and which are approved by the local unit establishing the stormwater utility; and

iii. Any property that has installed and is operating and maintaining green infrastructure that reduces, retains, or treats stormwater onsite and that exceeds any requirements for green infrastructure that may be applicable to that property pursuant to any rule or regulation adopted by the Department of Environmental Protection or the local stormwater control ordinance;

8. The percentage and amount of revenues from fees and other charges appropriated and spent on each of the following purposes:

i. Initial establishment of the stormwater utility;

ii. Administrative support;

iii. Capital expenditures, including planning, design, engineering, acquisition, construction, and improvement of the stormwater management system; and

iv. Any action required pursuant to any New Jersey Pollutant Discharge Elimination System Permit, including the following:

(1) Development and implementation of an asset management program for the stormwater management system, a stormwater management plan, and stormwater control ordinances pursuant to N.J.S.A. 40:55D-93;

(2) Any long-term control plan to mitigate combined sewer overflows pursuant to State or Federal law, rule, regulation, permit, or consent decree;

(3) Other capital expenditures;

(4) Operation and maintenance expenditures of the stormwater management system;

(5) Shared services agreements with other local units;

(6) Monitoring, inspection, and enforcement activities related to stormwater management and mitigation; and

(7) Public education and outreach related to stormwater management;

9. FCOA codes used for stormwater utility-related revenues and appropriations in the local unit's budget;

10. All capital projects listed in the capital budget and program that are related to stormwater management and mitigation;

11. Whether there is an asset management plan for the stormwater management system in place or one currently under development; and

12. Methods of stormwater management-related public education and outreach that are being undertaken by the local unit.

(c) The stormwater utility report shall contain the following information for the local unit's prior budget year:

1. A list of all fully implemented stormwater capital projects; and

2. Broken down by land use type, the number of properties for which tax liens attributable to delinquent stormwater charges were sold, the number of properties for which delinquent stormwater charges remained unsold at tax sale and were struck off to the municipality, and the average arrearage amount.

(d) The chief financial officer shall electronically submit a certified copy of the stormwater utility report to the Director of the Division of Local Government Services through the Division's Financial Automation Submission Tracking (FAST) system, together with all relevant information and documentation as prescribed in this section or as otherwise may be required by the Director or the Department of Community Affairs.

N.J. Admin. Code § 5:30-8.11

Adopted by 55 N.J.R. 1690(a), effective 8/7/2023