New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 4 - SOLID WASTE TARIFFS › Section 7:26H-4.4 - Solid waste collection tariff terms and conditions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following shall apply to all solid waste collection companies:
1. The solid waste collection utility shall have unencumbered access to any customer's container, utility container or other area from which solid waste is to be collected. If containers are located in an enclosed structure, said structure must allow for access. In the event that the structure prevents access, the collector shall return on the next regularly scheduled collection date. All containers and areas from which solid waste is to be collected shall be kept free from all hazards and potential hazards. During periods of inclement weather, containers are to be reasonably free from ice and snow.
2. Collection service shall be provided according to a schedule contained in the collector's tariff.
3. Where more than one rate schedule is available to a particular customer, the solid waste utility shall have at all times the responsibility to assist such customer in the selection of the rate schedule most favorable for their individual requirements and to make every reasonable effort to ensure that such customer is served under the most advantageous schedule. Each such utility shall include among the terms and conditions of its tariff the provision that it will assist customers in the selection of the rate schedule most favorable for their individual requirements.
4. The collector may provide miscellaneous collection services, including collection of yard clippings, garden refuse, bulky household refuse and additional types of solid waste not provided for in the basic service. Specific provisions must be outlined in the appropriate service section of the collector's tariff.
5. The collector may require that solid waste potentially dangerous to health and liable to cause injury be packaged in a matter which limits the possibility of exposure and/or injury. Specific provisions must be outlined in the terms and condition section of the collector's tariff.
6. Collectors are prohibited from collecting commingled loads of solid waste and designated source separated recyclable materials, except in those instances where a specific municipal exemption has been granted to the generator of those materials as provided by N.J.S.A. 13:1E-99.1 6(d). Each solid waste management district plan contains a definition of the district's designated recyclable materials. Collectors are prohibited from disposing of leaves in any manner that differs from that outlined in N.J.S.A. 13:1E-99.21.
7. Should the collector fail to pick up solid waste on a regularly scheduled day, and such failure is not caused by any act or omission of the customer, the collector shall make the pickup as soon as possible, but in no event shall it be later than the next regularly scheduled collection day.
8. In the event of inclement weather when operation of a solid waste collection vehicle would pose a threat to the safety of the public and/or the equipment and personnel of the collector, pickups shall be made no later than the next regularly scheduled day. In those cases where collection is scheduled on a one collection per week basis, that collection shall be made as soon as possible.
9. A collector may discontinue service to a customer provided it gives the customer at least 10 days' written notice of its intention to discontinue. A collector may discontinue service for nonpayment of bills provided it gives the customer at least 10 days' written notice of its intention to discontinue. At least 10 days for payment shall be allowed after sending a bill. The notice of discontinuance shall not be served until the expiration of the said 10-day period given for payment of the bill. However, in the case of fraud, illegal use, or when it is clearly indicated that the customer is preparing to leave, immediate payment of accounts may be required.
i. All notices of discontinuance to residential customer's shall contain the following:
(1) A statement that the collector is subject to the jurisdiction of the New Jersey Department of Environmental Protection;
(2) The address and telephone number of the collection utility; and
(3) A statement that in the event the customer is either unable to make payment of a bill or wishes to contest a bill the customer should contact the utility. The notice shall contain information sufficient for the customer to make an appropriate inquiry.
ii. A solid waste collector shall transmit copies of notices of discontinuance to the Department at the same time such notice is transmitted to the customer.
10. Residential customers who wish to discontinue or suspend service for periods of 30 days or more must give notice to the utility, by telephone or in writing, not less than seven days prior to the date they wish discontinuance of service and if applicable, indicate the date they wish service to resume. The utility is not obligated to credit a residential customer who fails to provide notice in the manner required herein.
11. A collector may terminate service to a customer for one of the acts or omissions listed below provided the collector complies with the notice provisions contained in subsection (a)9 above:
i. Non-payment of a valid bill at a present or previous location. Non-payment of bill for service to a commercial establishment shall not be cause for discontinuance of residential service;
ii. Fraudulent representation in relation to use of service;
iii. Customer moving from the premises unless the customer requests that the service be continued;
iv. Providing a collector's service to others without the collector's approval; or
v. Failure to make or increase an advance payment or deposit as provided for in the collector's tariff.
12. The collector shall have the right to refuse pickup of waste for any of the following reasons:
i. Waste is not placed in proper containers;
ii. Waste is not placed at designated pickup locations;
iii. Waste contains hazardous material (as defined in N.J.A.C. 7:26), or other matter is likely to cause injury to the public or the collector's personnel;
iv. Waste is not placed out for collection on the scheduled day;
v. Passage on the street or into the property is obstructed in any way by the operations to pave the street, by the digging of water or sewer lines or other type of construction. Pickup shall be provided on the next regularly scheduled collection day;
vi. The collector is asked to move the collection vehicle by an authorized government official or a member of the local police or fire department because the customer, either residential, commercial or industrial, has not provided either adequate or legal parking for the collection of garbage, refuse or solid waste. Under these circumstances, the collector may leave and not be obligated to return until the next regularly scheduled collection day;
vii. Containers exceed prescribed weight limits as prescribed in the collector's tariff;
viii. Containers are over filled or overflowing;
ix. The particular service and/or waste type is not included in the collector's tariff; or
x. Solid waste is commingled with designated source separated recyclable material.
13. Collection services may be restored upon proper application when the conditions under which such service were discontinued are corrected, and upon the payment of all proper charges due from the customer as provided in the collector's tariff.