N.J. Admin. Code § 7:1J-3.3

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

Section 7:1J-3.3 - Most cost-effective environmentally sound alternative

(a) A WSSC shall be eligible for compensation from the Fund only if the WSSC is for costs associated with remedial actions which the Department has determined to be an environmentally sound means of ameliorating the damages resulting from a discharge.

(b) A WSSC shall be eligible for compensation from the Fund only to the extent of the cost (as such cost is determined by the Department) of the most cost-effective means which the Department has determined to be an environmentally sound means of ameliorating the damages resulting from a discharge. To determine what remedy is the most cost-effective, for each alternative the Department will consider initial capital costs, 20-year operation and maintenance costs, monitoring costs, the Department's administrative costs, reliability, feasibility of implementation, and acceptability to the public.

(c) Operation, maintenance and monitoring costs for a WSSC by a water purveyor shall not be included as part of the evaluation of water system alternatives.

(d) The Department may evaluate alternatives as well as any new technologies, to determine whether any other environmentally sound means of ameliorating the damages resulting from a discharge are more cost-effective than the remedial actions for which the claim has been made. Such alternatives may include, without limitation, the following (or any combination thereof):

1. Filtration of water supply at point of entry;

2. Extension of existing water lines;

3. Drilling of deeper wells for individual residences;

4. Provision of interim alternative water supplies, such as bottled water or waterbuffaloes;

5. Containment of discharge and treatment of water supply;

6. Stand-alone satellite water supply systems/installation of production wells;

7. Contaminant removal;

8. No remedial action;

9. Drilling new wells;

10. Treatment of the contaminated water supply, by methods such as air stripping or filtration; and/or

11. Any other remediation in accordance with N.J.A.C. 7:26E.

N.J. Admin. Code § 7:1J-3.3

Amended by R.1998 d.67, effective 1/20/1998.
See: 29 N.J.R. 4365(a), 29 N.J.R. 4594(a), 30 N.J.R. 336(b).
Added new (c)11.
Amended by R.2009 d.75, effective 3/2/2009.
See: 40 N.J.R. 5101(a), 41 N.J.R. 1019(a).
In (b), inserted "the Department's administrative costs,"; added new (c); and recodified former (c) as (d).