N.J. Admin. Code § 7:22-5.5

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:22-5.5 - Mitigation

(a) Allowable costs related to mitigation include:

1. Costs for measures necessary to mitigate direct, adverse, physical impacts resulting from building of the environmental infrastructure facilities or measures necessary to mitigate indirect impacts of the project as specified in the Fund or Trust loan agreement as a special condition;

2. The costs of site screening necessary to comply with the Environmental Assessment Requirements for State Assisted Environmental Infrastructure Facilities (N.J.A.C. 7:22-10), to complete related studies and plans, or necessary to screen adjacent properties;

3. The cost of monitoring facilities necessary to determine the possibility of water supply depletion, water quality deterioration or other environmental impacts resulting from building the project as specified in the Fund or Trust loan agreement as a special condition.

(b) Unallowable costs related to mitigation include:

1. The costs of solutions to aesthetic problems, including design details which require expensive building techniques and architectural features and hardware, that are unreasonable or substantially higher in cost than approvable alternatives and that neither enhance the function or appearance of the environmental infrastructure facilities nor reflect regional architectural tradition; and

2. The costs of land acquired for the mitigation of adverse environmental effects identified pursuant to an environmental review under the provisions of N.J.A.C. 7:22-10.

N.J. Admin. Code § 7:22-5.5

Amended by R.1992 d.42, effective 1/21/1992.
See: 23 New Jersey Register 3282(a), 24 New Jersey Register 246(a).
Modified to reflect allowability and unallowability of project costs related to the Environmental Assessment Requirements for State Assisted Wastewater Treatment Facilities (N.J.A.C. 7:22-10).
Amended by R.1995 d.494, effective 9/5/1995.
See: 27 New Jersey Register 1536(a), 27 New Jersey Register 3403(a).
Amended by R.1998 d.407, effective 8/3/1998.
See: 30 New Jersey Register 1144(a), 30 New Jersey Register 2863(a).
In (a), inserted "water supply depletion" preceding "water quality deterioration" in 3; and substituted "environmental infrastructure" for "wastewater treatment" throughout the section.