New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 4 - SOLID WASTE TARIFFS › Section 7:26H-4.7 - Solid waste disposal tariff provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following terms and conditions shall apply to all certificated solid waste disposal facilities.
1. The disposal utility shall operate according to the schedule contained in its permits and approved tariff. All hours and rates shall be publicly posted. In the event that a disposal utility maintains public hours that differ from operating hours, then the tariff shall so state. Approved hours shall not be extended without prior written approval from the Department. Upon notification to the Department, a facility may close, open or remain open beyond its posted hours when conditions are such as to pose a threat to the safety and welfare of its employees and customers or when continued operations or cessation of operations would create a violation of applicable statutes, rules or regulations.
2. All owners, operators and vehicles entering a facility to dispose of solid waste shall be in compliance with all rules and regulations established by the facility and the Department and shall have all licenses, permits and decals as required by law and shall, upon request, furnish evidence of compliance with same.
3. Upon arrival at the facility, each vehicle shall report as required to the scalehouse. Upon departure, unless otherwise provided for, all vehicles shall proceed to the outbound scale or return to the scalehouse to determine the tare weight, refuse quantity and disposal charges, in accordance with the posted tariff, and receive an invoice detailing the same. In the event the scales are inoperative, charges for waste disposal shall be calculated on a cubic yard basis as prescribed in the facility's approved tariff.
4. Each disposal facility shall establish and maintain records in accordance with 7:26H-1.20 and 7:26-2.13.
5. Each vehicle entering a facility shall be constructed, maintained, loaded and operated so as not to cause any spillage, excessive noise or other problems of any sort and it shall be capable of discharging its cargo quickly and expeditiously. Any vehicle which, in the opinion of facility personnel, shall create a hazard to the facility's employees or other customers, may be refused admittance.
6. The disposal utility shall accept only identifiable and acceptable solid waste in accordance with its certificate and permit, and all other applicable rules and regulations.
i. The facility may refuse to accept, permanently or temporarily, any material it would not be able to handle and dispose of in compliance with all applicable rules, regulations, ordinances, statutes, or that would endanger the safety of the facility.
ii. The facility may require any material brought to the facility to be tested to ascertain the nature of the contents of any vehicle whenever it reasonably believes that the load includes excluded waste. In the event that testing reveals that the load contains excluded waste, the actual costs of such tests shall be borne by the customer or generator.
7. The facility shall deny access to any customer under the following circumstances:
i. The customer engages in behavior which endangers the safety of other customers, facility employees or the general public;
ii. The customer is carrying unauthorized waste or otherwise fails to conform with the provisions of the tariff; and
iii. Failure to display all necessary decals on the vehicles and containers.
8. The facility may deny access to any customer, with a minimum of seven days written notice, under the following circumstances:
i. Failure to make payments as prescribed;
ii. Failure to provide evidence of compliance with applicable rules and regulations;
iii. Personnel cannot readily identify or ascertain the nature of the vehicle's contents;
iv. Failure to produce appropriate Department registration card; or
v. Failure to comply with the rules and regulations of the facility. Each facility shall post the same and provide copies to each driver who enters the facility.
9. All vehicles using the access roads to and on the site shall be insured. Operators and owners shall carry proof of the same.
10. The disposal facility may permit private non-commercial vehicles with a gross weight of 9,000 pounds for a single vehicle or 16,000 pounds combined maximum gross vehicle weight for a vehicle pulling a trailer to make use of a convenience center established on its property. All wastes must be placed in the containers made available. Scavenging is not permitted and any non-commercial user found engaging in same may be denied access to the facility or may be required to comply with the provisions of (a)2 above.
11. An intermediate disposal facility receiving a solid waste load containing less than 60 percent, by weight of volume, of recoverable material shall have the right to designate the load not eligible for material recovery and shall apply the authorized disposal rate for the district of origin. An intermediate disposal facility shall document its decision and shall keep such documentation on file at the facility for a minimum of five years. Documentation shall include, but need not be limited to, photographic evidence and a commodity breakdown report, by volume and shall be signed by the supervisor on duty at the time any such load is delivered.