N.J. Admin. Code § 2:90-1.12
Current through Register Vol. 56, No. 21, November 4, 2024
(a) Ordinary fees: Reasonable fees shall be set by the districts based on the costs for providing services. The district shall establish fee categories based on the types and sizes of construction projects and an hourly rate for assessing fees. The fee schedule provisions proposed by each district shall be approved by the committee before it is implemented by the district. Any person aggrieved on the set fee may appeal to the Committee as outlined in 2:90-1.1 6.(b) Extraordinary fees: The district fee schedule may include the assessment of fees for reimbursement of extraordinary expenses resulting from enforcement actions taken. The district may seek reimbursement for litigation expenses including court costs and attorney's fees from the adverse party as part of a negotiated settlement agreement or where the district prevails in any litigation action.(c) Interest income derived from fee reserve balances may be utilized by the district for implementing district education programs for applicants, contractors, municipal officials and the public.(d) Fee for certain Federal projects: Certain Federal project activities that are precluded from making fee payments directly to a district, based upon applicable Federal and State laws, shall remit fees payable to "Treasurer, State of New Jersey" to the local district in which the project is to be undertaken. The fee shall be submitted in conjunction with the plan for soil erosion and sediment control certification. The fee shall be in accordance with the following fee schedule based on the land surface area to be disturbed: | Federal Project Fee Schedule |
| Disturbance Area* | Review Fee** | Inspection Fee*** |
| 1 to 5 acres | $ 950.00 | $ 325.00 per acre |
| 6 to 10 acres | $ 1,600 | $ 260.00 per acre |
| 11 to 25 acres | $ 2,300 | $ 200.00 per acre |
| 26 to 50 acres | $ 3,000 | $ 180.00 per acre |
| 50.01 acres and greater | $ 3,500 | $ 160.00 per acre |
|
| * For projects greater than one acre, partial acres are to be rounded to |
| the nearest whole acre. |
|
| ** Major revisions to a previously certified plan are subject to 1/2 the |
| original review fee. |
|
| *** Reinspection Fee: A fee of $ 150.00 may be assessed (a) when the |
| contractor has failed to provide the district with a 48 hour advance |
| written notice of the start of construction, or (b) when the second or |
| subsequent district inspection was conducted and there was a failure to |
| address the same problem identified in the first written notice of |
| non-compliance issued to the applicant/contractor, or (c) when the |
| contractor requested an inspection for receiving a Report of Compliance |
| and such district inspection was performed, but the site was not in |
| compliance with the certified plan and the Standards. A copy of all |
| written violation notices shall be issued to the contractor with a copy |
| provided to the local controlling Federal agency. |
N.J. Admin. Code § 2:90-1.12
Recodified from N.J.A.C. 2:90-1.8 and amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Rewrote (a) and added (b) and (c); former N.J.A.C. 2:90-1.12, Reports, recodified as N.J.A.C. 2:90-1.15.
Amended by R.2008 d.318, effective 10/20/2008.
See: 40 N.J.R. 1397(a), 40 N.J.R. 5959(b).
Added (d).