reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 3 - TRANSACTIONAL FILINGS › Section 7:26H-3.7 - Petitions for authority to change depreciation rates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No solid waste disposal utility shall act to cause a change in depreciation rates established in accordance with 48:2-18 without prior written approval of the Department.
(b) Petitions for the approval of change or variation in the rates of depreciation used by solid waste disposal utilities shall conform to the provisions of N.J.A.C. 7:26H-2, to the extent applicable, and shall in the body thereof, or in attached exhibits, also provide the following information:
1. The existing and proposed rates of depreciation;
2. The existing and proposed methods of calculating or determining the rates of depreciation;
3. The calculations or studies supporting the proposed change in depreciation rates;
4. The effect of the proposed changes on operating revenue deductions and operating income; and
5. A statement as to the date when it is proposed to make the changes in depreciation rates effective, which date shall not be earlier than 90 days after the filing of a petition under this section.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 3 - TRANSACTIONAL FILINGS › Section 7:26H-3.8 - Petitions for authority to exercise power of eminent domain

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Petitions for authority to exercise the power of eminent domain shall conform to the requirements of N.J.A.C. 7:26H-2 and shall in the body thereof, or in attached exhibits, also provide the following information:
1. The names and addresses, if known, of the owners of the property to be condemned or of any interest therein, with a specification of the interest of each such owner;
2. The names of such owner or owners whose whereabouts or address is unknown;
3. A map or plot plan. In addition, there shall be filed with the petition four copies of a separate sheet designated Schedule "A", which shall contain a lots and block description taken from the tax map;
4. A brief description of the improvements thereon, if any, and the present and potential character and uses of the property;
5. Allegations that the property desired is reasonably necessary for the service, accommodation, convenience and safety of the public, and that the taking of such property is not incompatible with the public interest, and would not unduly injure the owners of private property;
6. A statement of the reasons why the property cannot be purchased by negotiation; and
7. Where the petitioner has, after diligent search, been unable to determine the name and address of the owner of the property to be condemned or of any interest therein, such facts must be stated in an affidavit of inquiry prepared in the manner provided for in the rules of the Superior Court.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 3 - TRANSACTIONAL FILINGS › Section 7:26H-3.9 - Petitions for permission to keep books and records outside the State of New Jersey

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Petitions for authority to keep books, records, accounts, documents and other writing outside the State of New Jersey, filed with the Department, as required under 48:3-7.8, shall conform to the provisions of N.J.A.C. 7:26H-2 and shall in the body thereof or in attached exhibits also provide the following information:
1. A complete description of the specific books, records, accounts, documents and other writings that are proposed to be kept outside the State of New Jersey;
2. The exact location where the books and records will be kept;
3. If all books and records will not be kept outside the State, what remaining records will be kept at the New Jersey location;
4. The reason for proposing to keep its books and records at a location outside the State;
5. The availability of adequate required space, facilities and experienced personnel at the new location;
6. The cost to the petitioner of maintaining the books and records at the new location as compared with that of maintaining the records at the New Jersey location;
7. The extent of the financial advantage to the customers and other benefits to the public utility which will result from keeping the books and records outside the State;
8. Whether the books and records which will be kept at the location outside the State will be, on notice in writing of the Department, produced at such time and place within this State as the Department may designate;
9. Whether the petitioner will pay to the Department any reasonable expenses or charges incurred by the Department for any investigation or examination, if the Department grants said permission;
10. The location where the petitioner will continue to maintain an office within the State of New Jersey for the convenience of its customers to pay bills, file complaints and conduct other business with the utility; and
11. The name and address of the petitioner's statutory agent.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 3 - TRANSACTIONAL FILINGS › Section 7:26H-3.10 - Tariff filings which do not propose increases in charges to customers above the peak rate; solid waste disposal utilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Tariff filings for the purpose of making effective initial tariffs or revisions, changes or alterations to the standard terms and conditions of existing tariffs and which are not filed because of the need for additional revenue from services covered by existing tariffs and which do not propose increases in charges to customers, shall conform to the provisions of N.J.A.C. 7:26H-2 and shall in the body thereof, or in attached exhibits, also provide the following information:
1. Four copies of the proposed tariff or revision, change or alteration thereof, together with an explanation of the manner in which the tariff or change differs from the existing or a prior tariff, and the effect, if any, upon revenue;
2. A statement of the reasons why the tariff or change is proposed to be filed;
3. A copy of the text of each of said notices;
4. A statement as to the date on which it is proposed to make the tariff or change effective, which date shall not be earlier than 30 days after the filing unless otherwise permitted by the Department; and
5. In the case of initial tariffs, pro forma income statements for each of the first two years of operations and actual or estimated balance sheets as at the beginning and the end of each year of said two-year period.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 3 - TRANSACTIONAL FILINGS › Section 7:26H-3.11 - Tariff filings or petitions which propose increases in charges to customers above the peak rate; solid waste disposal utilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Petitions seeking revisions, changes or alterations of existing tariffs which propose to increase any rate or charge or to so alter any classification, practice, rule or regulation as to result in such an increase, above the peak rate, shall conform to the provisions of N.J.A.C. 7:26H-2 and shall in the body thereof, or in attached exhibits, contain all applicable information and data set forth in 7:26H-3.10 and in addition shall contain the following:
1. A comparative balance sheet for the most recent three-year period (calendar year or fiscal year);
2. A comparative income statement for the most recent three-year period (calendar year or fiscal year);
3. A balance sheet at the most recent date available;
4. A statement of the amount of revenue derived in the calendar year last preceding the institution of the proceedings from the intrastate service rendered, the rates, tolls, or charges for which are the subject matter of the filing;
5. A pro forma income statement reflecting operating income at present and proposed rates and an explanation of all adjustments, as well as calculation showing the indicated rate of return on the average net investment for the same period as that covered by the pro forma income statement that is, investment in plant facilities plus supplies and working capital to the extend claimed, less the reserve for depreciation and advances and contributions for facilities;
6. If the request for rate relief is based upon 48:2-21.2, there shall be included, in lieu of the requirements of the foregoing paragraph, a statement showing that the facts of the particular situation meet the statutory requirements;
7. An itemized schedule showing all payments or accruals to affiliated companies or organizations and to those who own in excess of five per cent of the solid waste disposal utility's capital stock regardless of the form or manner in which such charges are paid or accrued and an explanation of the service performed for such charges; and
8. A copy of the form of notice to customers.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 4 - SOLID WASTE TARIFFS › Section 7:26H-4.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall govern the arrangement, filing and posting of tariffs, schedules, rates and other charges including standard terms and conditions for solid waste collection and disposal utilities.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 4 - SOLID WASTE TARIFFS › Section 7:26H-4.2 - General

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All solid waste collection and disposal utilities shall file tariffs with the Department, on forms provided by the Department, and shall keep a copy of all tariffs open to public inspection on the premises of the utility or at the office of a designated agent. Tariffs must show the service area, standard terms and conditions, and all general privileges and franchises granted. The tariffs shall be available during office hours, and shall be produced on demand for any Department official, local government official or any person for examination during normal business hours.
(b) All of the highest solid waste utility disposal facility tariff rates on file with and approved by the Department, shall constitute the peak rates for each solid waste type, Statewide, except that the peak rates for privately owned sanitary landfill facilities shall be adjusted in accordance with N.J.A.C. 7:26H-8.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 4 - SOLID WASTE TARIFFS › Section 7:26H-4.3 - Collector and disposal facility tariffs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each tariff form filed with the Department must contain the following:
1. A tariff cover page showing the DEP number, the territories served, the complete name, address and telephone number of the solid waste collector or disposal facility and the name of the officer authorized to issue the tariff; and
2. Standard terms and conditions shall be filed on sheets consecutively numbered or in consecutive sections with the sheets of each section consecutively numbered.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 5 - SOLID WASTE COLLECTION EFFECTIVE COMPETITION MONITORING › Section 7:26H-5.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to establish a responsible State supervisory role to ensure safe, adequate and proper solid waste collection service at competitive rates.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 5 - SOLID WASTE COLLECTION EFFECTIVE COMPETITION MONITORING › Section 7:26H-5.2 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
These rules are promulgated pursuant to the authority vested in the Department by N.J.S.A. 48:13A et seq., 13:1E-1 et seq., 48:2-21 and 48:13A-7.1 et seq. and shall be construed in conformity with, and not in derogation of, such statutes.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 5 - SOLID WASTE COLLECTION EFFECTIVE COMPETITION MONITORING › Section 7:26H-5.3 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
These rules shall govern the pricing practices of the solid waste collection industry and will provide for the compilation of data to monitor the extent and effect of competition in the solid waste collection industry.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 5 - SOLID WASTE COLLECTION EFFECTIVE COMPETITION MONITORING › Section 7:26H-5.4 - Rates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No solid waste collector shall charge or receive rates or charges for solid waste collection service which are greater than or less than rates or charges that would result from effective competition.
(b) A solid waste collector shall have the discretion to adjust their rates to a sum which shall result in competitive pricing. The Department, within its authority pursuant to the Act, shall supervise the solid waste collection industry to promote effective competition and prohibit anti-competition practices of undercharging and overcharging.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 5 - SOLID WASTE COLLECTION EFFECTIVE COMPETITION MONITORING › Section 7:26H-5.6 - Annual fee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every solid waste collector shall pay an annual fee of $ 100.00. The annual fee shall be paid within 30 days from the date of the invoice issued by the Department. The annual fee will cover part of the costs of supervising the solid waste collection industry. The annual fee is in addition to the annual assessment required by 48:2-59 et seq.
(b) All checks for payment of the fees and charges established pursuant to (a) above shall be made payable to the order of the Treasurer, State of New Jersey and mailed to the address listed on the bill.
(c) Nonpayment of the annual fee set forth in (a) above shall result in suspension or revocation of the Certificate of Public Convenience and Necessity, subject to the notice and hearing requirements of 52:14B-9.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 5 - SOLID WASTE COLLECTION EFFECTIVE COMPETITION MONITORING › Section 7:26H-5.8 - Refunds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Department orders a solid waste collector to pay a refund pursuant to 48:13A-7.1 0b(2), the solid waste collector shall pay said refund, plus simple interest at a rate equal to 400 basis points over the short-term applicable Federal Rate established by the Internal Revenue Service under 26 U.S.C. §
										1274, in effect on the date of the order.
(b) Whenever a solid waste collector implements an adjustment pursuant to (a) above, every customer affected thereby shall receive 10 days prior written notice of the adjustment, which notice shall include:
1. The date on which the adjustment becomes effective;
2. The amount of the new rates and charges;
3. A copy of the applicable rate schedule; and
4. A statement that customers have the right at any time to choose an alternate solid waste collector and that collection services are available to customers on a competitive basis.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 5 - SOLID WASTE COLLECTION EFFECTIVE COMPETITION MONITORING › Section 7:26H-5.9 - Monitoring effective competition; records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All books, records, accounts, documents and other writings relating to the business of solid waste collection, including accident reports, annual reports and customer lists, shall be created and maintained in accordance with the requirements of 7:26H-1.20.
(b) Every utility engaged in solid waste collection shall prepare and submit, on or before the date established by the Department each year, an annual report in accordance with the requirements of 7:26H-1.19.
(c) Every utility engaged in solid waste collection shall file and maintain customer lists in accordance with the following:
1. Every solid waste collector shall prepare and submit annually on or before the date established by the Department, a complete list, made under oath, of all residential, commercial, industrial and institutional customers.
i. The list of residential customers shall be subdivided by municipality. Within each municipality, the customers shall be sequentially numbered and set forth in numerical order by street address and the streets set forth in alphabetical order. The list shall include each customer's complete name and service address and billing address, if different than the service address, as of December 31, of the preceding year.
ii. The list of commercial, industrial or institutional customers shall be set forth as in (c)1i above and, in addition, shall include for each customer the rate schedule(s) applied, frequency and type of service supplied, and number of containers and the size of each.
iii. Utilities who did not provide solid waste collection service to any customer in New Jersey during the preceding year or who provided only solid waste collection or transportation service to customers outside the State of New Jersey should report the type of activity performed and state that they provided no solid waste collection or transportation service to any customer in New Jersey.
iv. Utilities who provide service on an "on-call" basis shall provide a list of those customers who have been provided on-call service more than one time during the preceding year, even though the service locations may vary in the preceding year.
v. Customer list formats are as follows:
(1) MODEL RESIDENTIAL CUSTOMER LIST FORMAT
Customer #
Name
Address
1.
ABC
One A Street, Allentown, NJ 10000
2.
DCE
One B Street, Allentown, NJ 10000
1.
FGH
One A Street, Basking Ridge, NJ 20000
2.
IJK
One B Street, Basking Ridge, NJ 20000
(2) MODEL COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL CUSTOMER LIST FORMAT
Customer #
Name
Address
1.
ABC
One A Street, Allentown, NJ 10000
RATE SCHEDULE(S)
FREQUENCY AND TYPE OF
APPLIED:
SERVICE/PER PULL:
No. 10 Waste
2 x Week/Roll Off
NUMBER AND SIZE
OF CONTAINER:
2-8 Cubic Yard
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 5 - SOLID WASTE COLLECTION EFFECTIVE COMPETITION MONITORING › Section 7:26H-5.10 - Monitoring effective competition; criteria for evaluation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department will consider the following criteria in conjunction with the economic indicators listed in (b) below, to monitor and evaluate the presence and extent of effective competition:
1. Existence of barriers to entry into the solid waste collection industry for persons seeking to provide solid waste collection services within a specific geographic area, to a specific class of customers;
2. The structure of the industry, including the number of participating collectors, intensity of competition, and the concentration in ownership of collection or haulage vehicles or other equipment;
3. Existence of observable patterns of anti-competitive behavior exhibited by persons providing solid waste collection services; and
4. Availability of substitute services available.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 5 - SOLID WASTE COLLECTION EFFECTIVE COMPETITION MONITORING › Section 7:26H-5.14 - Refunds

Current through Register Vol. 56, No. 14, July 15, 2024
If the Department orders a solid waste collector to pay a refund pursuant to 48:13A-7.2 0, the solid waste collector shall pay said refund, plus simple interest at a rate equal to 400 basis points over the short-term applicable Federal Rate established by the Internal Revenue Service under 26 U.S.C. §
										1274, in effect on the date of the order. Interest will be calculated from the date of receipt of notice as described at 7:26H-5.11(b)  1.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 5 - SOLID WASTE COLLECTION EFFECTIVE COMPETITION MONITORING › Section 7:26H-5.15 - Sanctions for non-compliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may assess a penalty pursuant to 48:13A-12 when the Department determines that a solid waste collector has violated any provision of the Acts, including any violation of any rule or any administrative order adopted pursuant thereto.
(b) Any person who violates any provision of the Acts, or any rule, regulation or administrative order issued pursuant thereto, or who engages in the solid waste collection business or solid waste disposal business without having been issued a Certificate of Public Convenience and Necessity, shall be liable to pay a penalty of not more than $ 10,000 for a first offense, not more than $ 25,000 for a second offense and not more than $ 50,000 for a third and every subsequent offense.
(c) Any person or any officer or agent thereof who knowingly violates any of the provisions of the Acts or aids or advises in such violation, or who, as principal, manager, director, agent, servant or employee knowingly does any act comprising a part of such violation, is guilty of a crime of the fourth degree and may be punished by imprisonment for not more than 18 months or by a fine of not more than $ 50,000 or both; and if a corporation, by a fine of not more than $ 100,000.
(d) Each day which a violation continues shall constitute an additional, separate and distinct offense.
(e) Neither the assessment of a penalty nor the payment of any such penalty shall be deemed to affect the availability of any other enforcement provisions provided for by 48:13A-1 et seq. or any other statute in connection with the violation for which the assessment is levied.
(f) Nothing in this subchapter is intended to affect the Department's authority to revoke or suspend any permit, license or other operating authority issued under the Acts. Specifically, and in addition to any other cause set forth in this chapter, the Department may revoke or suspend a solid waste collector's certificate of public convenience and necessity for any of the following causes:
1. Refusal or failure to maintain and file an annual report or any other business record requested pursuant to 7:26H-5.11, which may include, but not be limited to, the following: annual reports, customer lists, financial or operational information, contracts, books, accounts and records;
2. Refusal or failure to provide requested information in accordance with 7:26H-5.9, 5.11 or 5.12;
3. Refusal or failure to comply with an order of the Department to extend solid waste collection services under N.J.A.C. 7:26H-5.11; or
4. Failure to comply with an order of the Department to adjust rates to a sum which results in competitive pricing.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 5 - SOLID WASTE COLLECTION EFFECTIVE COMPETITION MONITORING › Section 7:26H-5.16 - Procedures for assessment and payment of penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to assess a penalty under the Acts, for violation of the Acts, or any rule promulgated, any administrative order, permit, license or other operating authority issued thereunder, the Department shall, by means of notice of penalty assessment, notify the violator by certified mail (return receipt requested) or by personal service. The Department may, in its discretion, assess a penalty for more than one violation in a single notice of penalty assessment or in multiple notices of penalty assessment. This notice of penalty assessment shall:
1. Identify the section of the Acts, rule, administrative order, permit, license violated;
2. Concisely state the facts which constitute the violation;
3. Specify the amount of the penalty to be imposed; and
4. Advise the violator of the right to request an adjudicatory hearing pursuant to the procedures in 7:26H-5.17.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 5 - SOLID WASTE COLLECTION EFFECTIVE COMPETITION MONITORING › Section 7:26H-5.17 - Administrative hearings; requests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any solid waste collector may, upon a written request to the Department within 20 days of receipt of an order described in N.J.A.C. 7:26H-5.11(b)5  or a notice of intent to suspend or revoke a Certificate of Public Convenience and Necessity, request an adjudicatory hearing thereon in the manner provided for contested cases pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1.1et seq.
1. The solid waste collector shall deliver the written request to the following address:
New Jersey Department of Environmental Protection
Office of Administrative Hearings and Dispute Resolution
ATTENTION: Adjudicatory Hearing Requests
401 E. State Street
Mail Code 401-07A
PO Box 420
Trenton, NJ 08625-0420
2. Copies of the request for an adjudicatory hearing shall also be delivered to the party issuing the order.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 5 - SOLID WASTE COLLECTION EFFECTIVE COMPETITION MONITORING › Section 7:26H-5.18 - Penalties for violation of rules adopted pursuant to the Acts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may assess a penalty pursuant to this section of not more than $ 10,000 for a first offense, not more than $ 25,000 for a second offense and not more than $ 50,000 for a third and every subsequent offense for each violation of each requirement of any rule listed in (f) below.
(b) Each violation of a rule listed in (f) below shall constitute an additional, separate and distinct violation.
(c) Each day during which a violation continues shall constitute an additional, separate and distinct violation.
(d) Where any requirement of any rule listed in (f) below may pertain to more than one act, condition, occurrence, item, unit, waste or parameter, the failure to comply with such requirement as it pertains to each such act, condition, occurrence, item, unit, waste or parameter shall constitute an additional, separate and distinct violation.
(e) The Department shall determine the amount of a penalty for each violation of any rule listed in (f) below on the basis of the provision violated. For a violation of a requirement or condition of an administrative order, permit, license or other operating authority, the Department may in its sole discretion identify the corresponding requirement of any rule summary listed in (f) below and determine the amount of the civil administrative penalty on the basis of the rule provision violated. The procedure for determining the amount of a penalty for each violation of any rule listed in (f) below is as follows:
1. Identify the rule violated as listed in (f) below;
2. Identify the corresponding base penalty dollar amount for the rule violated as listed in (f) below; and
3. To obtain the penalty, multiply the base penalty by the applicable severity factor offense multiplier as follows:
Severity Factor
Multiplier
i. First Offense
Initial Base Penalty (no multiplier)
ii. Second Offense
Initial Base Penalty x (2.5)
iii. Third and subsequent Offenses
Initial Base Penalty x (5.0)
Example:
Base penalty (for violation of 7:26H-1.19 ) = $ 1,000 (First
Offense)
For a second offense, the penalty is $ 1,000 x (2.5) = $ 2,500
For the third and subsequent offenses, the penalty is $ 1,000 x (5.0) =
$ 5,000
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 5 - SOLID WASTE COLLECTION EFFECTIVE COMPETITION MONITORING › Section 7:26H-5.19 - Matrix penalty determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall assess penalties under this section, and not under 7:26H-5.18, when:
1. Because of the specific circumstances of the violation, the Department determines that the penalty amount under 7:26H-5.18 would be too low to provide a sufficient deterrent effect as required by the Act; or
2. The violation is not listed under 7:26H-5.18.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 5 - SOLID WASTE COLLECTION EFFECTIVE COMPETITION MONITORING › Section 7:26H-5.20 - Penalty for submitting inaccurate or false information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may assess a penalty pursuant to this section against each violator who submits inaccurate information or who makes a false statement, representation or certification in any application, record or other document required to be submitted or maintained pursuant to the Acts or any rule promulgated, any administrative order, permit, license or other operating authority issued thereunder.
(b) Each day, from the day that the violator knew or had reason to know that it submitted inaccurate or false information to the Department until the day of receipt by the Department of a written correction by the violator, shall be an additional, separate and distinct violation.
(c) The Department shall assess a penalty for violations described in this section based on the conduct of the violator except as adjusted pursuant to (d) below:
1. For each intentional, deliberate, purposeful, knowing or willful act or omission by the violator, the civil administrative penalty per act or omission shall be in an amount of not more than $ 10,000 for the first offense, not more than $ 25,000 for the second offense, and not more than $ 50,000 for the third and every subsequent offense; and
2. For all other conduct under this section, the civil administrative penalty, per act or omission, shall be in the amount of $ 1,000 per violation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 5 - SOLID WASTE COLLECTION EFFECTIVE COMPETITION MONITORING › Section 7:26H-5.21 - Penalty for failure to allow lawful entry and inspection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may assess a civil administrative penalty pursuant to this section against any violator who refuses, inhibits or prohibits immediate lawful entry and inspection by any authorized Department representative of any premises, building or facility which the Department may enter and inspect pursuant to the provisions of the Acts.
(b) Each day that a violator refuses, inhibits or prohibits immediate lawful entry and inspection by an authorized Department representative of any premises, building or facility which the Department may enter and inspect pursuant to the provisions of the Acts, shall be an additional, separate and distinct violation.
(c) The Department shall assess a civil administrative penalty for violations described in this section except as adjusted pursuant to (d) below as follows:
1. For refusing, inhibiting or prohibiting immediate lawful entry and inspection of any premises, building or facility for which an administrative order, permit, license or other operating authority requirement exists under the Acts, the penalty shall be in an amount of not more than $ 10,000 for the first offense, not more than $ 25,000 for the second offense, and not more than $ 50,000 for the third and every subsequent offense; and
2. For any refusal, inhibition, or prohibition of immediate lawful entry and inspection not covered under (c)1 above, the penalty shall be in an amount of not more than $ 5,000 or less than $ 3,000 per violation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 5 - SOLID WASTE COLLECTION EFFECTIVE COMPETITION MONITORING › Section 7:26H-5.23 - Grace period applicability; procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each violation identified in the penalty tables at 7:26H-5.18(f)  by an "M" in the Type of Violation column and for each violation that is determined to be minor under 7:26H-5.19(f)1, for which the conditions at (c) below are satisfied, is a minor violation, and is subject to a grace period, the length of which is indicated in the column with the heading "Grace Period."
(b) Each violation identified in the penalty tables at 7:26H-5.18(f)  by an "NM" in the Type of Violation column is a non-minor violation and will not be subject to a grace period.
(c) The Department or local government agency shall provide a grace period for any violation identified as minor under this section, provided the following conditions are met:
1. The violation is not the result of the purposeful, knowing, reckless or criminally negligent conduct of the person responsible for the violation;
2. The activity or condition constituting the violation has existed for less than 12 months prior to the date of discovery by the Department or local government agency;
3. In the case of a violation that involves a permit, the person responsible for the violation has not been identified in a previous enforcement action by the Department or local government agency as responsible for a violation of the same requirement of the same permit within the preceding 12-month period;
4. In the case of a violation that does not involve a permit, the person responsible for the violation has not been notified in a previous enforcement action by the department or a local government agency as responsible for the same or a substantially similar violation at the same facility within the preceding 12-month period; and
5. In the case of any violation, the person responsible for the violation has not been identified by the Department or a local government agency as responsible for the same or substantially similar violations at any time that reasonably indicate a pattern of illegal conduct and not isolated incidents on the part of the person responsible.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 5 - SOLID WASTE COLLECTION EFFECTIVE COMPETITION MONITORING › Section 7:26H-5.24 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any provision of this subchapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications, and to this end, the provisions of this subchapter are declared to be severable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 6 - UNIFORM BID SPECIFICATIONS FOR MUNICIPAL SOLID WASTE COLLECTION CONTRACTS › Section 7:26H-6.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to establish uniform bidding practices for municipal solid waste collection contracts in order to promote competition among solid waste collectors, protect the interests of consumers and to enhance the Department's ability to adequately supervise the existence of effective competition.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 6 - UNIFORM BID SPECIFICATIONS FOR MUNICIPAL SOLID WASTE COLLECTION CONTRACTS › Section 7:26H-6.2 - Scope and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter constitutes the rules governing the implementation of 48:13A-7.2 2 which mandates the establishment, in rules and regulations, uniform bid specifications for municipal solid waste collection contracts.
(b) Every municipality which provides municipal solid waste collection services shall conform to the requirements of this subchapter. These rules shall apply only to those municipal solid waste collection contracts which are required to be publicly advertised pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 6 - UNIFORM BID SPECIFICATIONS FOR MUNICIPAL SOLID WASTE COLLECTION CONTRACTS › Section 7:26H-6.4 - General instructions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For all municipal solid waste collection contracts, advertised in accordance with 40A:11-1 et seq., the contracting unit shall prepare, or cause to be prepared bid packages for prospective bidders. All such bid packages shall be prepared in accordance with this subchapter and the Uniform Bid Specification forms located at Appendix A at the end of this subchapter which are incorporated herein by reference. The contracting unit shall be responsible for providing prospective bidders with all forms listed and described in this subchapter that are not specifically provided at Appendix A.
(b) All advertisements for bids shall be published in a legal newspaper circulating in the county or municipality, and in at least one newspaper of general circulation published in the State, sufficiently in advance of the date fixed for receiving the bids to promote competitive bidding, but not less than 60 days prior to that date. The advertisement shall designate the manner of submitting and the method of receiving bids and the time and place at which the bids will be received.
(c) The contracting unit may hold a pre-bid conference with all prospective bidders not less than 20 days prior to the bid opening to fully explain the scope of services to be bid, the procedures to be followed in preparing and submitting the bid proposal, and to answer any questions of the prospective bidders. The contracting unit shall include the date and time of the pre-bid conference in the advertisement for bid proposals.
(d) Notice of revisions or addenda to advertisements or bid documents relating to bids shall be published in a legal newspaper circulating in the county or municipality, and in at least one newspaper of general circulation published in the State, no later than seven days, Saturdays, Sundays and holidays excepted, prior to the date of acceptance of bids.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 6 - UNIFORM BID SPECIFICATIONS FOR MUNICIPAL SOLID WASTE COLLECTION CONTRACTS › Section 7:26H-6.5 - Bidding requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The bidder shall submit its bid proposal according to the criteria prescribed in this section. Failure to comply with these requirements shall result in the immediate disqualification of the bid proposal and it shall be returned to the bidder.
(b) The bidder shall sign, where applicable, all bid submissions as follows:
1. For a corporation, by a principal executive officer;
2. For a partnership or sole proprietorship, by a general partner or the proprietor respectively; or
3. A duly authorized representative if:
i. The authorization is made in writing by a person described in (b)1 and 2 above; and
ii. The authorization specifies either an individual or a position having responsibility for the overall operation of the business.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 6 - UNIFORM BID SPECIFICATIONS FOR MUNICIPAL SOLID WASTE COLLECTION CONTRACTS › Section 7:26H-6.6 - Conditions and limitations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each bidder shall be familiar with and comply with all applicable local, state and Federal laws and regulations in connection with submitting the bid proposal and performing the contract including, but not limited to, 13:1E-1 et seq., 48:13A-1 et seq. and 40A:11-1 et seq., and N.J.A.C. 5:34 and 7:26.
(b) Submission of a bid proposal serves as the bidder's representation that it has read and understands the bid specifications and that it has duly considered all information contained therein in the course of preparing its bid proposal. Moreover, submission of the bid proposal serves as the bidder's representation that if awarded the contract, the successful bidder will not make any claims for, or have any right to, any concessions or damages because of a lack of understanding of the bid specifications or lack of information concerning the same.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 6 - UNIFORM BID SPECIFICATIONS FOR MUNICIPAL SOLID WASTE COLLECTION CONTRACTS › Section 7:26H-6.8 - Lowest responsible bidder

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All solid waste collection contracts which require public advertisement for bids shall be awarded to the lowest responsible bidder.
(b) A responsible bidder is one who at the time of the bid submission:
1. Conforms to all requirements of the bid specifications;
2. Has a tariff on file with the Department;
3. Has experience in the type of work to be performed;
4. Has the equipment necessary to perform the work described in the bid specifications; and
5. Has the financial ability to perform the work.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 6 - UNIFORM BID SPECIFICATIONS FOR MUNICIPAL SOLID WASTE COLLECTION CONTRACTS › Section 7:26H-6.9 - Performance bonds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For a one-year collection contract, the successful bidder shall submit a performance bond in accordance with the following:
1. The successful bidder shall provide, at the time and place specified by the contracting unit, a one-year performance bond issued by a surety in an amount equal to no more than 100 percent of the award price; provided, however, that the time set for delivery of the performance bond is prior to or concurrent with the time set for the delivery of the executed contract; and
2. If the successful bidder fails to provide said performance bond prior to or at the time specified, then the contracting unit may declare the successful bidder to be non-responsive and award the contract to the next lowest responsible bidder or terminate the bid process and re-bid the collection services in accordance with the provisions of this subchapter. Failure to deliver the performance bond at the time and place specified by the contracting unit shall be cause for the assessment of damages in an amount equal to the amount of the bid guarantee.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 6 - UNIFORM BID SPECIFICATIONS FOR MUNICIPAL SOLID WASTE COLLECTION CONTRACTS › Section 7:26H-6.10 - Vehicle dedication affidavit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The successful bidder shall execute and submit at the time and place specified in the award notice a vehicle dedication affidavit which at a minimum shall certify that:
1. On the collection days specified in the contract, the successful bidder will dedicate a fixed number of vehicles to be used only for the contracting unit; such number should be reasonably calculated to meet the requirements of the bid specifications; or
2. To the extent that dedication of a fixed number of vehicles is not reasonable and feasible, the successful bidder shall covenant that the contracting unit will only be accountable for its proportional share of the waste contained in the collection vehicle and all disposal charges shall be calculated based only on its share of the waste at the time of disposal.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 6 - UNIFORM BID SPECIFICATIONS FOR MUNICIPAL SOLID WASTE COLLECTION CONTRACTS › Section 7:26H-6.12 - Work specifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The contracting unit shall list, identify and describe the scope of all services to be provided under the contract and provide same to all prospective bidders. Wherever the contracting unit possesses additional information and such information will aid the bidder to formulate a bid proposal, such information shall be provided in section 5 of the Uniform Bid Specifications located at the end of this subchapter in Appendix A.
(b) The contracting unit shall, in the work specifications, list the designated collected solid waste, the sources of the designated collected solid waste, and the frequency of collection. In the event that the contracting unit requests bid proposals for more than one collection option, each option shall be sequentially numbered.
(c) All specifications for the performance of residential waste collection from single and multifamily homes shall include the following information:
1. The number of residences requiring service or the actual number of pickups;
2. The type of waste containers that will be used, options to include, but need not be limited to, individual waste containers;
3. The location of waste containers on the premises on collection day (curbside, rear yard, etc.);
4. The frequency of collection in the number of collections per week; month; and year and the days on which collection is to occur; and
5. The types of waste(s) that will be collected and any excluded wastes.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 6 - UNIFORM BID SPECIFICATIONS FOR MUNICIPAL SOLID WASTE COLLECTION CONTRACTS › Section 7:26H-6.13 - Conditions for curbside and rear yard collection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless otherwise specified in this section, individual waste containers shall be plastic or metal receptacles or bags not to exceed 32 gallons in size or 50 pounds in weight when filled, but may be greater than 32 gallons in size or 50 pounds in weight when filled, in the instance where a mechanical lifting device is utilized in the tipping of the individual waste container. Individual waste containers shall be equipped with two carrying handles.
(b) For curbside collection, containers should be left on the curb, but in the event that this is not possible, shall be placed no further than 20 feet from the curb.
(c) For curbside and rear yard collection, the contractor shall have safe and reasonable access to waste containers.
(d) The contractor is not required to enter a locked gate to remove waste containers.
(e) The contractor is not required to render service if the presence of any interference prevents access to waste containers and/or poses a threat to the contractor or the contractor's employees or agents.
(f) Waste containers that are stored in any of the following shall not be eligible for collection:
1. Under porches or other structures of a similar nature or kind;
2. On porches or other parts of the dwelling; and
3. In other areas not readily available or visible from the public sidewalk.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 6 - UNIFORM BID SPECIFICATIONS FOR MUNICIPAL SOLID WASTE COLLECTION CONTRACTS › Section 7:26H-6.14 - Authorized disposal facility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All waste collected within the municipality shall be disposed in accordance with the applicable District Solid Waste Management Plan.