N.J. Admin. Code § 7:1A-2.4

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:1A-2.4 - Application procedures

(a) To apply for a water supply loan, an applicant shall comply with all the pertinent requirements of this section. The application shall be submitted to the Department on the forms provided for that purpose.

(b) An applicant for a water supply loan shall submit:

1. A completed loan application;

2. A description of how it plans to repay the loan and pay any other expenses necessary to fully complete and implement the project, the steps it has taken to implement this plan, and the steps it plans to take before receiving the loan that will guarantee that at the time of the signing of the loan award document it will be irrevocably committed to repay the loan and pay any other expenses necessary to fully complete, implement, operate and maintain the project;

3. Evidence that all Federal, State, regional and local agencies with jurisdiction over the area have been notified of the project, including but not limited to the applicable municipal planning board and environmental commission; county planning board and environmental commission; any areawide or regional agencies concerned; and any interconnected or other water systems that may be affected;

4. A written explanation of the need for the project along with distribution system maps of the project area(s);

5. A complete proposal outlining the problem, cause and effect of these problems, and the proposed solution along with a discussion of alternatives to the proposed solution. In the case of loans to address water supply contamination problems, a feasibility study, as approved by the Department, shall be submitted. In the case of rehabilitation loans, measures to insure a safe, continuous and adequately protected water supply to the affected project areas shall be included, as applicable. In the case of rehabilitation loans for pump stations and storage tanks and loans for treatment facilities, justification to the satisfaction of the Department for the proposed solution shall be included, including, but not limited to, a technical analysis, a professional certification, unresolved Departmental administrative orders, unresolved Departmental directive letters, evidence of verifiable system failures and malfunctions, or other justifications as deemed acceptable by the Department;

6. A proposed construction schedule for the project;

7. Proposed financial arrangements for both construction of the project and sale of water between the purveyors concerned, if any, and written confirmation that the proposed arrangements are acceptable to both purveyors and the New Jersey Board of Public Utilities, if applicable;

8. All other forms, agreements and subagreements the Department may require;

9. An estimate of preliminary, developmental, and construction costs by unit prices for the project. Labor, equipment, materials, supplies, overhead and contractor's and consultant's profit with supporting background and summary sheets may be requested by the Department to substantiate the estimates of unit costs. Total project costs and those project costs that the applicant anticipates to be eligible for a loan shall be separately summarized;

10. A brief description of the environmental impact of the proposed project, including brief identifications of environmental impacts of the proposed project on water quality, plant and animal life, project site land characteristics, historical sites and other environmental factors; and

11. Proof of ownership of the project, and the real property on which it is located, or the capability to use that property for water supply purposes;

12. All documentation and other information as may be necessary for the Department to adequately determine the applicant's priority point total pursuant to N.J.A.C. 7:1A-3.2, 4.2, 5.2 or 7.4(a), as appropriate.

(c) Applications shall be signed for the applicant by a person authorized by resolution or ordinance to file an application for a State loan, to represent the applicant in all matters relating to the application process, and to obligate the applicant to the terms and conditions of the loan award document.

1. Each application shall constitute an undertaking to accept the requirements of this chapter and the terms and conditions of the loan award document.

(d) Applications should be submitted well in advance of the application closing date for the application period in which the applicant wishes to be awarded a loan. There shall be at least one application period in each fiscal year. For the rehabilitation loan program, the application closing date for the application period shall be June 30.

1. For the interconnection loan program, the application closing date for the application period shall be June 30. In the case of loans for addressing water supply contamination problems, two annual application periods will be established with closing dates of December 31 and June 30 respectively. However, applications will be received and reviewed on a continuous basis. Those projects meeting exigency standards, as defined at N.J.A.C. 7:1A-5.2(b), shall be processed for immediate funding if available.

2. Additional application periods may be established as deemed necessary by the Department upon publication of a notice of the details of the additional application period in the New Jersey Register.

3. The application closing date for any application period may be extended, if deemed necessary by the Department, upon publication of a notice of extension in the New Jersey Register.

4. If the Department determines that funds are not available to award any loans in a given fiscal year, it may suspend the application period by providing notice of such suspension in the New Jersey Register by April 30.

(e) No loan shall be awarded until a State appropriation is made.

(f) Applications shall be sent to:

Department of Environmental Protection

Water Supply Element

PO Box 426

Trenton, New Jersey 08625-0426

N.J. Admin. Code § 7:1A-2.4

As amended, R.1982 d.281, effective 8/16/1982.
See: 14 New Jersey Register 499(c), 14 New Jersey Register 915(a).
(b)8, 9, and 10 added.
As amended, R.1983 d.534, effective 11/21/1983.
See: 15 New Jersey Register 1307(a), 15 New Jersey Register 1940(a).
(b)8: "Summary sheets may be requested by the Department" was "summary sheets shall be included"; (c)1: "or persons" and "represent the applicant ... process," added; (d): "application period" was "year"; "initial application period" added to second sentence; (d)1 added.
As amended, R.1984 d.232, effective 6/18/1984.
See: 16 New Jersey Register 631(a), 16 New Jersey Register 1479(a).
"Application procedures" was formerly codified at N.J.A.C. 7:1A-2.5; (b)-(e) extensively revised.
Emergency amendment, R.1988 d.479, effective 9/19/1988 (expires November 18, 1988).
See: 20 New Jersey Register 2470(a).
Substituted "address" for "remedy"; deleted "bond"; added "N.J.A.C. 7:1A-7.4(a)" and changed address.
Adopted concurrent proposal, R.1988 d.574, effective 11/18/1988.
See: 20 New Jersey Register 2470(a), 20 New Jersey Register 3129(a).
Provisions of emergency amendment R.1988 d.479 readopted without change.
Amended by R.1992 d.252, effective 6/15/1992.
See: 24 New Jersey Register 707(a), 24 New Jersey Register 2245(a).
Provision for suspension of application period added at (d)4.
Amended by R.1997 d.223, effective 5/19/1997.
See: 29 New Jersey Register 7(a), 29 New Jersey Register 2268(a).
In (b)5, inserted last sentence; in (b)7, substituted "Board of Public Utilities" for "Board of Regulatory Commissioners"; in (b)12, substituted "Department" for "Division"; and in (f), amended Department name and address.
Public Notice: Suspension of new application acceptance.
See: 30 New Jersey Register 1433(a).