reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 16 - AVAILABILITY OF INFORMATION; CONFIDENTIAL BUSINESS INFORMATION › Section 7:26G-16.6 - Criteria for confidentiality determinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where the following criteria are satisfied by the business in regard to a claim of confidentiality under 7:26G-16.5, information shall be kept confidential:
1. The business has asserted a confidentiality claim, when it submits the information to the Department;
2. The business has satisfactorily shown that it has taken reasonable measures to protect the confidentiality of the information, and that it intends to continue to take such measures;
3. The information is not, and has not been, reasonably obtainable, without the business's consent, by other persons (other than governmental bodies) using legitimate means (other than discovery based on showing of social need in a judicial or quasi-judicial proceeding);
4. No statute requires disclosure of the information;
5. The business has satisfactorily shown that disclosure of the information would be likely to cause substantial harm to the business's competitive position; and
6. The business has paid all fees required by this subchapter when it submits the information to the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 16 - AVAILABILITY OF INFORMATION; CONFIDENTIAL BUSINESS INFORMATION › Section 7:26G-16.7 - Confidential files

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Department approves a claim of confidentiality, the submitter shall submit two copies of the documents.
1. One copy shall be stamped "confidential" on each page and shall contain all the information requested by the Department. This copy shall be maintained in a separate locked file and shall be accessible to State employees only as necessary for regulatory purposes, or as otherwise provided in the subchapter.
2. A second copy with the confidential information deleted shall be placed in the files available to the public. The second copy shall carry a notation that confidential material has been deleted.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 16 - AVAILABILITY OF INFORMATION; CONFIDENTIAL BUSINESS INFORMATION › Section 7:26G-16.8 - Exception to granted confidentiality claims

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Department finds that disclosure of information covered by a confidentiality claim would serve to alleviate an emergency situation posing an imminent and substantial danger to public health or safety, it may disclose confidential information to any person whose role in alleviating the danger to public health or safety or the environment necessitates that person's knowing the information. Any such disclosure shall be limited to the minimum information necessary to enable the person to whom it is disclosed to carry out that person's role in alleviating the dangerous situation.
1. Any disclosure made pursuant to this section shall not be deemed a waiver of a confidentiality claim nor shall it, by itself, be grounds for any determination that the information is no longer entitled to confidential treatment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 16 - AVAILABILITY OF INFORMATION; CONFIDENTIAL BUSINESS INFORMATION › Section 7:26G-16.9 - Access to and safeguarding of confidential information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless specifically provided for by Federal law, State law, court order, or applicable court rule, no person shall have access to information which has been determined to be entitled to confidential treatment, other than:
1. The designated Department personnel;
2. Federal or other State agencies; or
3. Authorized representatives of the Department, subject to the provisions of this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 16 - AVAILABILITY OF INFORMATION; CONFIDENTIAL BUSINESS INFORMATION › Section 7:26G-16.10 - Class determinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may, through the promulgation of amendments in accordance with the provisions of the Administrative Procedure Act, 52:14B-1 et seq., make a determination that a certain class of information is or is not entitled to confidential treatment if it finds that:
1. The Department possesses, or is obtaining, related items of information; and
2. One or more characteristics common to all such items of information will necessarily result in identical treatment for each such item, and that it is therefore proper to treat all such items as a class.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 16 - AVAILABILITY OF INFORMATION; CONFIDENTIAL BUSINESS INFORMATION › Section 7:26G-16.11 - Procedure regarding fees for information requests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (b) below, a person requesting copies of public records shall pay the fee specified in N.J.S.A. 47:1A-2.
(b) No payment is required for the following services:
1. The cost of reviewing requests for information and preparing and reviewing written responses thereto;
2. For furnishing documents requested by EPA;
3. For furnishing documents requested by and for the official use of other State agencies; or
4. For furnishing documents needed by a State contractor or grantee to perform the work required by a State contract or grant.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 16 - AVAILABILITY OF INFORMATION; CONFIDENTIAL BUSINESS INFORMATION › Section 7:26G-16.12 - Fee schedule for confidentiality claims

Current through Register Vol. 56, No. 14, July 15, 2024
Any person submitting documents to the Department under a claim of confidentiality under 7:26G-16.5 shall submit a check in the amount of $ 250.00 for the first 50 confidential pages and $ 1.00 for each page thereafter, to cover the costs of evaluating the confidentiality claim.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 1 - GENERAL REQUIREMENTS › Section 7:26H-1.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
Every utility engaged in solid waste collection and/or solid waste disposal shall be subject to the regulations as set forth herein, in addition to the Board's Rules of Practice and Administrative Orders heretofore promulgated as applicable to all utilities.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 1 - GENERAL REQUIREMENTS › Section 7:26H-1.2 - Construction and severability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules shall be liberally construed to permit the Department to discharge its statutory function.
(b) If any subchapter, section, subsection, provision, clause or portion of this chapter or the application thereof to any person, is adjudged unconstitutional or invalid in any judicial or administrative proceeding, the remainder of this chapter shall not be affected thereby.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 1 - GENERAL REQUIREMENTS › Section 7:26H-1.3 - Practice where these rules do not govern

Current through Register Vol. 56, No. 14, July 15, 2024
The Commissioner may rescind, amend or expand these rules from time to time, and such rules shall be promulgated in accordance with the Administrative Procedure Act, 52:14B-1 et seq. In any matter concerning solid waste management that arises not governed by these rules, the Commissioner or Director shall exercise his or her discretion within the authority of N.J.S.A. 48:13-1 et seq. and 48:13A-7.1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 1 - GENERAL REQUIREMENTS › Section 7:26H-1.5 - Offices and hours

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All inquiries and correspondence relative to this chapter should be directed to the following address:
New Jersey Department of Environmental Protection
Division of Sustainable Waste Management
Mail Code: 401-02C
401 E. State Street
PO Box 420
Trenton, New Jersey 08625-0420
Telephone: (609) 984-4250
(b) All offices of the Department are open from 8:00 A.M. to 5:00 P.M., legal holidays, Saturdays and Sundays excluded.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 1 - GENERAL REQUIREMENTS › Section 7:26H-1.6 - Certificate of public convenience and necessity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall engage in the business of solid waste collection or solid waste disposal as defined by 48:13A-3 unless such person is the holder of a certificate of public convenience and necessity issued by the Department.
(b) Unless otherwise provided by statute or Department rule, no certificate shall be issued to any person until such person has registered with and is licensed by the Department in accordance with N.J.A.C. 7:26-16.
(c) No person may bid for a solid waste collection contract or solid waste disposal contract with a municipality or other political subdivision or commercial or industrial entity unless that person is the holder of a certificate of public convenience and necessity issued by the Department.
(d) In the event that a license, as defined at 7:26-16.2, is denied, revoked, or withdrawn, the certificate shall immediately become invalid.
(e) Collectors that transport septic waste and/or sewage sludge are not subject to the provisions of this chapter.
(f) A rail carrier as defined at 49 U.S.C. §
										10102(5) that provides common carrier railroad transportation and has been approved pursuant to 49 U.S.C. §§
										10901 or 10902, by the United States Surface Transportation Board (or its predecessor agency), or otherwise has been recognized as a rail carrier by such agency, and holds out to the general public that the operations at the facility are being conducted by it or on its behalf as part of its rail transportation services and that is engaged in the business of solid waste disposal or transportation by rail, but does not engage in the business of solid waste collection (as defined by N.J.S.A. 13:1E-3) by other means of transportation within the State of New Jersey, is not subject to the provisions of this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 1 - GENERAL REQUIREMENTS › Section 7:26H-1.8 - Application for a certificate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each applicant for a certificate shall file an application with the Department with:
1. The full name, business address, date of birth of the applicant or, if the applicant is a business concern, of any officers, directors, partners or key employees thereof, or if the business is a corporation, all persons holding five percent or more of the issued and outstanding stock of the applicant corporation;
2. A description of the applicant's experience, training, or education in the solid waste collection and/or solid waste disposal industry together with all supporting data in order to enable the Department to determine the applicant's qualifications to engage in such business;
3. Proof of financial responsibility including with each application a statement of financial condition;
4. New utilities shall furnish a schedule of proposed rates and charges for the character of service proposed to be rendered;
5. A copy of an approval letter pursuant to N.J.A.C. 7:26-16; and
6. Any other information the Department may deem necessary to determine the qualifications of the applicant to engage in the business of solid waste collection and/or disposal.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 1 - GENERAL REQUIREMENTS › Section 7:26H-1.9 - Issuance of certificate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The procedures for Department review and approval or denial of an application for a certificate shall be in accordance with the following:
1. Upon receipt of an application, the Department shall review the application for completeness. After reviewing the application, the Department shall within 30 calendar days of receipt of the application notify the petitioner, in writing, whether the application is incomplete.
2. If the application is deemed incomplete, the Department shall provide the applicant with a written list of the deficiencies required to make the application complete. Failure to correct the deficiencies shall constitute cause for denial of the application without prejudice. A determination of incompleteness shall stop any review until such time as a completed application is received by the Department.
3. Within 14 calendar days after receiving a notification of deficiency, the applicant shall inform the Department, in writing, of its intent to either withdraw the application or supply the requested information and the failure to supply the requested information within 60 calendar days after receiving notification of deficiency shall constitute cause for denial of the application without prejudice.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 1 - GENERAL REQUIREMENTS › Section 7:26H-1.10 - Application form

Current through Register Vol. 56, No. 14, July 15, 2024
Every person engaged in solid waste collection or solid waste disposal on May 6, 1970, or thereafter shall, before obtaining a certificate of public convenience and necessity, complete the application form available for such purpose upon request at the address specified in 7:26H-1.5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 1 - GENERAL REQUIREMENTS › Section 7:26H-1.11 - Revocation or suspension of certificate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may, upon notice, after hearing, by order in writing, revoke or suspend a certificate of public convenience and necessity issued to any person engaged in the solid waste collection or solid waste disposal business upon finding that such person:
1. Has refused or failed to comply with any lawful order of the Department; or
2. Has failed or refused to comply with the provisions of N.J.S.A. 48:13A-7.16 through 7.18;
3. Has violated any provision of N.J.S.A. 48:13A-1 et seq., N.J.S.A. 48:13A-7.1 et seq., or N.J.S.A. 13:1E-1 et seq., or any rule, regulation or order adopted or issued thereunder;
4. Has been denied approval of a license or has failed to renew a license or has had a license revoked pursuant to N.J.S.A. 13:1E-126 et seq.; or
5. Fails to submit the annual fee as required by N.J.S.A. 48:13A-7.4, the annual assessment as required by N.J.S.A. 48:2-62, or the annual licensing renewal fee as required by N.J.A.C. 7:26-16on or before the deadlines established by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 1 - GENERAL REQUIREMENTS › Section 7:26H-1.12 - Rates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department upon complaint or on its own initiative may, after hearing, upon notice, by order in writing, direct any solid waste disposal utility to furnish proof that its rates for service do not exceed just and reasonable rates for such service.
(b) Should the Department find, after hearing, that the rates are unreasonable, it may order the solid waste disposal utility earning such unreasonable rates to make an adjustment in its tariffs, contracts or agreements to a sum which shall result in just and reasonable rates.
(c) Rates for solid waste disposal service which have for their objective the making effective of initial rates or revisions, changes or alterations of existing rates and which do not propose increases in charges above the peak rate to customers shall be filed in accordance with 7:26H-3.10.
(d) Rates for solid waste disposal service or petitions which have as their objective the making effective of revisions, charges or alterations of existing rates which propose to increase the charges for the service above the peak rate either directly or by the alteration of any classification practice, rule or regulation as to result in such an increase shall be filed in accordance with 7:26H-3.11.
(e) The procedures for Department review of a solid waste collection utility's rates and charges shall be in accordance with the procedures established in N.J.A.C. 7:26H-5.
(f) Notwithstanding the provisions of any other law, rule or regulation, court decision or order of the Board of Public Utilities or Department to the contrary, the solid waste disposal rates collected by a privately-owned sanitary landfill facility shall be deemed just and reasonable if:
1. Those rates are market-based rates; or
2. If the rates exceed the market-based rates authorized pursuant to (f)1 above and they are designed to either:
i. Stabilize incoming waste flows and prevent the premature exhaustion of landfill capacity; or
ii. Recover sufficient revenues to meet the revenue requirements of the privately-owned sanitary landfill facility.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 1 - GENERAL REQUIREMENTS › Section 7:26H-1.13 - Tariffs for collection and disposal utilities

Current through Register Vol. 56, No. 14, July 15, 2024
Tariffs showing territory served, standard terms and conditions, rate schedules for various types of service and contracts shall be filed in accordance with N.J.A.C. 7:26H-4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 1 - GENERAL REQUIREMENTS › Section 7:26H-1.14 - Service requirements; failure to render service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be the duty of every solid waste utility to furnish safe, adequate and proper service, including furnishing and performing services in a manner that tends to preserve the quality of the environment.
(b) Should any solid waste collection utility fail to render service pursuant to any contract or agreement or should any customer in any geographic area have trouble securing solid waste collection services, the Department will take such action as it deems necessary in accordance with the procedures set forth at 7:26H-5.11(c).
(c) Should any solid waste disposal utility fail to render service pursuant to a filed tariff or contract, the Department may order any solid waste disposal utility engaged in such business to extend its disposal service into the area where service has been discontinued, and the Department shall permit just and reasonable rates to be charged for such service in the extended area as found by the Department in the same manner as its determination for initial rates. See 7:26H-1.12.
(d) No solid waste disposal utility shall discontinue service to any customer without first notifying the Department, which notice shall give the reasons for such discontinuance.
(e) Where service to a customer is interrupted and it appears that the interruption will continue for more than one day or one pickup, a report shall be made to the Department forthwith giving a full account and statement of the reasons for such interruption and the estimated duration.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 1 - GENERAL REQUIREMENTS › Section 7:26H-1.15 - Agreements to limit bidding or territorial withdrawal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No solid waste collection or solid waste disposal utility shall agree with any other collection or disposal utility or person to limit bidding or withdraw from a specific territory, nor shall any solid waste collection or solid waste disposal utility, individually or in agreement with others, endeavor to eliminate competition.
(b) Actions that evidence an endeavor to eliminate competition may include, but are not limited to, the following:
1. Patterns or practices of undercharging or overcharging customers;
2. Employing predatory pricing practices;
3. Use, assumption, disposition, control, or merger and consolidation of assets, including customer lists, of any other person or business concern, whether or not that person or business concern is licensed as a solid waste collection or disposal utility, without the prior approval of the Department;
4. Patterns or practices of illegal or unauthorized disposal of solid waste; or
5. Any other activity that has the intent or effect of creating an anti-competitive economic advantage for particular solid waste collection or disposal utility(ies) or person(s).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 1 - GENERAL REQUIREMENTS › Section 7:26H-1.16 - Sale or transfer of assets; securities; debt issuances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No sale or transfer of assets of a solid waste disposal utility or any change in majority control of such disposal utility shall be consummated without prior authorization of the Department, unless the solid waste disposal facility is a privately owned sanitary landfill that sells or transfers assets in accordance with 7:26H-8.6. Filings for authority shall be in accordance with 7:26H-3.2, Petitions for the approval of the sale or lease of property, and 3.3, Petitions for authority to transfer capital stock.
(b) No solid waste disposal utility shall issue any stocks, bonds, notes or other evidence of indebtedness or issue a mortgage without prior authorization of the Department, unless that solid waste disposal utility is a privately owned sanitary landfill that issues stocks, bonds, notes or other evidence of indebtedness or issues a mortgage in accordance with 7:26H-8.6. Petitions by all solid waste disposal utilities other than privately-owned sanitary landfills for authority to issue stock, bonds, notes, other evidence of indebtedness or to execute mortgages shall be filed in accordance with 7:26H-3.5, Petitions for authority to issue stocks, bonds, notes, other evidence or indebtedness or to execute mortgages.
(c) No solid waste collection utility shall sell, lease, or otherwise dispose of its property, including customer lists, without the prior authorization of the Department. Filings for authority shall be in accordance with 7:26H-3.2 (Petitions for the approval of the sale or lease of property) and 3.3 (Petitions for authority to transfer capital stock). Filings will be reviewed by the Department in accordance with the procedures set forth at 7:26H-5.11.
(d) No solid waste collection utility shall execute a mortgage without prior authorization of the Department. Petitions for authority to execute mortgages shall be filed in accordance with 7:26H-3.5 (Petitions for authority to issue stocks, bonds, notes, other evidence or indebtedness or to execute mortgages). Filings will be reviewed by the Department in accordance with the procedures set forth at 7:26H-5.11.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 1 - GENERAL REQUIREMENTS › Section 7:26H-1.17 - Approval of consolidations, mergers or dissolutions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No solid waste disposal utility shall be consolidated or merged with another solid waste disposal or solid waste collection utility or be dissolved without prior approval of the Department, unless that solid waste disposal utility is a privately-owned sanitary landfill that is consolidated, merged or dissolved in accordance with N.J.A.C. 7:26H-8.7. Filings should be in accordance with 7:26H-3.4, Petitions for approval of a merger or consolidation.
(b) No solid waste collection utility shall merge or consolidate its property, including customer lists, with that of any other person of business concern, whether or not that person or business concern is engaged in the business of solid waste collection or solid waste disposal without prior approval of the Department. Filings should be in accordance with 7:26H-3.4 (Petitions for approval of a merger or consolidation). Filings will be reviewed by the Department in accordance with the procedures set forth at 7:26H-5.11.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 1 - GENERAL REQUIREMENTS › Section 7:26H-1.18 - Approval of management agreements

Current through Register Vol. 56, No. 14, July 15, 2024
No solid waste disposal or solid waste collection utility shall enter into a management agreement with another solid waste utility or other person without prior approval of the Department. Filings for approval shall be in accordance with 7:26H-3.6 (Petitions for approval of management agreements).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 1 - GENERAL REQUIREMENTS › Section 7:26H-1.19 - Filing of annual reports

Current through Register Vol. 56, No. 14, July 15, 2024
Every utility engaged in the solid waste industry shall file on or before the due date established by the Department each year an annual report summarizing its ownership, financial condition, contractual arrangements, and operations for the preceding calendar year on forms prescribed and furnished by the Department, unless the utility is a privately-owned sanitary landfill. Such reports shall also contain a statement of income and expenses for a calendar year period. The due date for submission of the annual report shall be set by the Department, by notice to all solid waste utilities, at least 30 days before issuing the annual report forms for completion. In accordance with 48:2-16.3, any utility that does not file the annual report on the due date shall be subject to a penalty of $ 5.00 for each day thereafter until such report is filed. A privately-owned sanitary landfill is required to file a certification of gross operating revenues in accordance with 7:26H-8.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 1 - GENERAL REQUIREMENTS › Section 7:26H-1.20 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every utility engaged in solid waste collection or solid waste disposal shall keep books, records and accounts in accordance with generally accepted accounting principles as the Department may prescribe by regulation or administrative order.
(b) Every solid waste utility shall maintain and submit, when required, records in accordance with the requirements of this section.
1. All books, records, accounts, documents and other writings relating to the business of solid waste collection, including annual reports and customer lists, shall be maintained at an office in the State of New Jersey unless otherwise approved by the Department.
2. Petitions for authority to keep books, records, accounts, documents and other writing outside the State shall conform to the provisions of 7:26H-3.9 to the extent applicable.
3. Each solid waste utility shall notify the Department of the location of the office or offices where records pertaining to the provision of solid waste services are maintained. Every solid waste utility shall make such records available for examination by representatives of the Department anytime during normal business hours.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 1 - GENERAL REQUIREMENTS › Section 7:26H-1.21 - Evidence of insurance

Current through Register Vol. 56, No. 14, July 15, 2024
Any utility engaged in solid waste collection or solid waste disposal shall file with the Department evidence of insurance or self-insurance which certificate or evidence shall be in a form prescribed by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 1 - GENERAL REQUIREMENTS › Section 7:26H-1.22 - Proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
The rules of practice adopted by the Board for other public utilities shall apply to proceedings involving utilities engaged in solid waste disposal and solid waste collection.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 1 - GENERAL REQUIREMENTS › Section 7:26H-1.23 - Certificates for solid waste disposal and collection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person, corporation or partnership may be issued more than one certificate as a solid waste collection utility or solid waste disposal utility.
(b) The Department may, for good cause shown consistent with the public interest, find that multiple certificates shall be issued, notwithstanding the provisions set forth in (a) above.
(c) This rule does not prohibit a person, corporation or partnership from holding one certificate as a solid waste collector and one certificate as a solid waste disposal operator.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 1 - GENERAL REQUIREMENTS › Section 7:26H-1.24 - Property, equipment and facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless otherwise provided in this section, all public utilities engaged in the business of solid waste collection or solid waste disposal shall own and have title to all property, equipment and facilities used and useful in providing safe, adequate and proper service.
(b) The solid waste utility may use property, equipment and facilities to which it does not have title provided it enters into a written lease and said lease is filed with the Department. Such filing shall contain a statement therein whereby the lessor of the property, equipment and facilities to be used for utility purposes agrees that the lessor's interest in such property, equipment and facilities becomes subject to the jurisdiction and regulation of the Department for term of said agreement.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 2 - RULES OF PRACTICE › Section 7:26H-2.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
These rules shall govern practice and procedure before the Division of Sustainable Waste Management of the Department of Environmental Protection.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 2 - RULES OF PRACTICE › Section 7:26H-2.2 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
These rules shall be liberally construed to permit the Department to effectively carry out its statutory functions and to secure just and expeditious determination of issues properly presented to the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 2 - RULES OF PRACTICE › Section 7:26H-2.3 - Pleadings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pleadings before the Department shall be petitions, answers, and replies which, for purpose of these rules, are defined as follows:
1. "Petition" means any pleading filed to initiate a proceeding involving the jurisdiction of the Department;
2. "Answer" means any pleading filed by a respondent or other party against whom a petition is direct or who is affected by the filing or a petition; and
3. "Reply" means any pleading filed by petitioner or others in response to an answer.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 2 - RULES OF PRACTICE › Section 7:26H-2.4 - Petitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All petitions shall comply with the provisions of this subchapter to the extent applicable; shall clearly and concisely state the facts and relief sought; shall cite by appropriate reference the statute or other authority under which the Department's action is sought; and shall contain such information or statements as may be required by statute, rule or order of the Department.
(b) Petitions directed to particular respondents shall conclude with a direction that the respondent act in accordance with the demands set forth in the petition or file and serve an answer within 20 days in accordance with these rules.
(c) Where relief sought in a petition also requires the approval or authorization of any other State or Federal regulatory body, the petition to the Department shall so state and include the following:
1. The current status of the application;
2. If the application to the other regulatory body or bodies has already been filed, a copy of each such application shall be attached to the petition to the Department together with a copy of any order or certificate issued relating thereto; and
3. If such an application or an amendment to that application is filed with another State or Federal regulatory body subsequent to the date of the filing with the Department but prior to its determination, three copies of such application or amendments, together with three copies of any order or certificate issued relating thereto, shall be filed with the Department and served upon other parties of record.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 2 - RULES OF PRACTICE › Section 7:26H-2.5 - Procedures for Department review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The procedures for Department review and approval or denial of a petition shall be in accordance with the following:
1. Upon receipt of a petition, the Department shall review the petition for determination of completeness, After reviewing the petition, the Department shall, within 30 days of receipt of the petition, notify the petitioner, in writing, whether the petition is complete or incomplete.
2. If the petition is deemed incomplete, the Department shall provide the petitioner with a written list of deficiencies. A determination of incompleteness shall stop any review and shall stay the time limitations set forth in (a)4 below until such time as the Department makes a determination of completeness.
3. Within 14 days of receipt of notification of deficiency, the applicant shall inform the Department, in writing, of its intent to either withdraw the petition or supply the information requested to make the petition complete. The petitioner shall correct all deficiencies within 30 days of notification of incompleteness. Failure to correct all deficiencies shall result in the rejection of the petition without prejudice.
4. Upon determining that the petition is complete, the Department shall notify the petitioner, in writing, that the petition is complete and that it will be filed and assigned a docket number. No later than six months from the date of a determination of completeness, the Department shall issue an order suspending, denying or approving the petition.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 2 - RULES OF PRACTICE › Section 7:26H-2.6 - Answers and replies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any party against whom a petition is directed and who desires to contest the same or make any representation to the Department in connection therewith, except in the case of any rate proceeding instituted by a solid waste utility, shall file an answer in writing thereto with the Department in accordance with the following:
1. The answer shall be so drawn as to apprise the parties and the Department fully and completely of the nature of the defense and shall admit or deny specifically and in detail all material allegations of the petition; and
2. Matters alleged by way of affirmative defense shall be separately stated and numbered.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 2 - RULES OF PRACTICE › Section 7:26H-2.7 - Motions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following pertain to motions to reconsider:
1. A party may file for reconsideration of a final decision of order of the Department within 15 days of the issuance of such decision or order. Upon filing by any party of a motion for reconsideration, appropriate notice thereof shall be given by the moving party to all other parties, or their attorney of record, by service of a copy of the motion for reconsideration.
i. The motion to reconsider must state, in separately numbered paragraphs, the alleged errors of law or fact relied upon and shall specify whether consideration, argument or further hearing is requested and whether the ultimate relief sought is reversal, modification, vacation or suspension of the action taken by the Department.
ii. Where opportunity is also sought to introduce additional evidence, the evidence to be presented shall be stated briefly together with reasons for failure to previously present said evidence.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 2 - RULES OF PRACTICE › Section 7:26H-2.8 - Compliance with orders and decisions

Current through Register Vol. 56, No. 14, July 15, 2024
Upon issuance of an order or decision of the Department, the party to whom the same is directed shall notify the Department on or before the date specified in said order or decision whether or not compliance has been made in conformance therewith.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 3 - TRANSACTIONAL FILINGS › Section 7:26H-3.1 - Scope and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter shall constitute the rules of the Department governing the economic transactions of solid waste collection and solid waste disposal utilities and sets forth the means by which persons engaged in the business of solid waste collection and solid waste disposal shall petition for Department approval of such transactions.
(b) The requirements of this subchapter are in addition to the pleadings requirements in N.J.A.C. 7:26H-2.
(c) All petitions submitted pursuant to this subchapter shall include the following information:
1. An itemized listing of all assets involved in the transaction; and
2. By county, a listing of the total number and classification (that is, industrial, commercial or residential) of the current New Jersey customers of all the utilities involved in the transaction.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 3 - TRANSACTIONAL FILINGS › Section 7:26H-3.2 - Petitions for the approval of the sale or lease of property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No sale or transfer or encumbrance of the assets of a solid waste collection or solid waste disposal utility or any change in majority control of such utility shall be consummated without prior authorization of the Department.
(b) Petitions to sell or transfer the assets or to affect a change in the majority control of a solid waste business shall be in accordance with 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 executed purchase or lease agreement including the name of the transferee or lessee, the consideration or rental and the method of payment, and any rights reserved by the transferor or lessor;
2. The proposed customer notice;
3. The proposed promissory note(s) or other security instruments;
4. The schedule of assets which are the subject of the proposed transaction;
5. The two most recent quarterly financial statements of both the buyer and seller or lessor and lessee. In the event that a solid waste utility does not, in the ordinary course of business, prepare quarterly financial statements, the solid waste utility shall submit an income statement and a balance sheet;
6. Proof of certification and licensure of the buyer or lessee by the Department;
7. A petition seeking Department approval to discontinue service to that portion of the seller's service area that is the subject of the petitioned transaction, if applicable;
8. A description of the relationship between the parties other than that of transferrer and transferee, or lessor and lessee; and
9. A description of any existing mortgage or other security agreement, including, the amount, and the time required to obtain a release.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 3 - TRANSACTIONAL FILINGS › Section 7:26H-3.3 - Petitions for authority to transfer capital stock

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Agreements to sell or transfer any share or share(s) of capital stock of a solid waste utility to another utility or agreements to sell or transfer shares of capital stock to a corporation or person, where such sale would, by itself or in connection with other sales or transfers, vest in such person or corporation a majority interest of the outstanding capital stock shall not be consummated without prior approval by the Department.
(b) Petitions for authority to sell or transfer stocks of any solid waste utility shall conform to the requirements 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 name and address of the proposed transferrer and transferee;
2. A description of the proposed transferee including information as to whether the proposed transferee is a public utility, a holding company either separately or by affiliation in a utility holding company system, or a person or other domestic or foreign corporation;
3. A description of the capital stock proposed to be transferred including the class of shares, number of shares and the par or stated value thereof;
4. The percent in interest of the outstanding voting capital stock of the public utility which the proposed transfer, either by itself or in connection with other previous sales or transfers, will vest in the transferee;
5. The reason for the proposed transfer;
6. Details and explanation of any changes expected to be made, if petition is approved, in:
i. The board of directors;
ii. Officers and active managers; and
iii. Company policies with respect to its operations, financing, accounting, capitalization, rates, depreciation, maintenance, services and any other matters affecting the public interest; and
7. The qualifications and the business or technical experience of the proposed officers, directors and stockholders, or other principal management and operating personnel with particular respect to their ability to carry out the utility's obligation to render safe, adequate and proper service.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 3 - TRANSACTIONAL FILINGS › Section 7:26H-3.4 - Petitions for approval of a merger or consolidation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No solid waste utility shall consolidate or merge with another solid waste disposal or solid waste collection utility or be dissolved without prior approval of the Department. Nor shall any solid waste collection utility consolidate or merge with any other person or business concern without prior approval by the Department.
(b) Petitions for the approval of a merger or consolidation shall conform to the requirements of N.J.A.C. 7:26H-2, to the extent applicable, and shall take the form of a Notice of Intent and in the body thereof, or in attached exhibits, also provide the following information:
1. A copy of the agreement of merger or consolidation;
2. Copies of corporate resolutions of the stockholders of each of the corporations authorizing the transaction;
3. The two most recent quarterly financial statements of each company and a pro forma balance sheet of the continuing company;
4. Copies of certificates of incorporation of each corporation to be merged and amendments thereto, if not heretofore filed with the Division;
5. The total number of shares of each of the various classes of capital stock proposed to be issued, if any, by the surviving corporation; the par or stated value per share and the total amount of new capital stock to be issued;
6. The percentage, and the manner in which, if any, the presently outstanding capital stock of the corporations involved will be exchanged for the new stock of the surviving corporation;
7. Whether any franchise cost is proposed to be capitalized on the books of the surviving corporation, and, if so, the reasons therefor, and in what manner and over what period the items are proposed to be amortized;
8. The names and address of the new officers, directors and principal stockholders and the number of shares to be held by each in the surviving corporation;
9. Proposed changes, if any, by the surviving corporation, in company policies with respect to finances, operations, accounting, rates, depreciation, operating schedules, maintenance and management affecting the public interest;
10. Proof of service of notice of the proposed merger to the public, the municipalities being served by the companies to be merged, and the solid waste utilities serving in the area, pursuant to 7:26H-2.3(e);
11. Proof of compliance with rules, regulations and statutes requiring approval from other State and Federal regulatory agencies having jurisdiction in the matter; and
12. A statement of the fees and expenses to be incurred in connection with the merger and the accounting disposition to be made thereof on the books of the surviving corporation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 3 - TRANSACTIONAL FILINGS › Section 7:26H-3.6 - Petitions for approval of management agreements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No solid waste collection or disposal utility shall enter into a management agreement with any person without filing a Notice of Intent and obtaining Department approval if such management agreement contains any of the following terms and conditions:
1. Grants general operational control to the managing company including but not limited to, the authority to hire or fire employees, purchase equipment, or maintain the books and records of the utility; or
2. Delegates to the managing company the responsibility to make any filings with the Department.