New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 26 - SOLID WASTE
Subchapter 3A - REGULATED MEDICAL WASTE
Section 7:26-3A.8 - Registration and fees for regulated medical waste generators, and owners and operators of transporters, collection facilities, transfer stations, intermediate handlers, and destination facilities
Current through Register Vol. 56, No. 6, March 18, 2024
(a) Any person that generated regulated medical waste in this State shall register with the Department as a regulated medical waste generator in accordance with (e) below, and shall pay annual fees in accordance with the following:
Generator | Pounds Generated | Base Fee |
Category | Per Year | Category |
1 | less than 50 | $ 85.00 |
2 | 50-200 | $ 255.00 |
3 | greater than 200-300 | $ 500.00 |
4 | greater than 300-1,000 | $ 1,000.00 |
5 | greater than 1,000 | $ 3,500.00 |
(b) Any person that engages or continues to engage in the transportation of regulated medical waste in this State, except generators that transport their own waste and that meet the requirements of N.J.A.C. 7:26-3A.17(a), shall register with the Department as a regulated medical waste transporter in accordance with (e) below, and pay annual fees in accordance with the following:
(c) Commercial intermediate handlers, intermediate handlers treating, destroying or disposing of their RMW on-site and owners and operators of destination facilities shall register with the Department as a regulated medical waste intermediate handler or destination facility in accordance with (e) below, and pay annual fees in accordance with the following:
(d) Each person authorized by the Department pursuant to N.J.A.C. 7:26-3A.39 to operate a collection facility for medical wastes shall pay fees in accordance with the following:
(e) Each person operating a transfer station and authorized by the Department to manage medical waste pursuant to N.J.A.C. 7:26-3A.39 shall pay an annual fee of $ 2,000 in addition to all other solid waste transfer station facility-related fees pursuant to N.J.A.C. 7:26-4, for the costs of registration under this subchapter, review and maintenance of reports, and compliance monitoring.
(f) Each generator, transporter, intermediate handler, collection facility, transfer station, and destination facility shall register with the Department on regulated medical waste registration forms prescribed by and available from the Department at the address listed below and shall state such information as necessary and proper to the enforcement of this subchapter, as the Department may require. No pro rata adjustment or refund for prior registration year payment of fees shall be made by the Department. Fees shall be payable to the Department 30 days after the beginning of each respective registration year in accordance with the following schedule:
New Jersey Department of Environmental Protection
Division of Sustainable Waste Management
Bureau of Recycling and Hazardous Waste Management
Mail Code 401-02C
PO Box 420
401 East State Street
Trenton, New Jersey 08625-0420
(g) The Department shall charge fees for regulated medical waste program services as follows:
(h) The omission of any type of Department service from the fee schedule set forth in (g) above, or if the Department determines that performing its services will exceed the fee the Department charges for a service listed at (g) above, shall not prevent the Department from assessing a reasonable fee for such service, at any time whether prior to, during or after the Department has performed its services. Any person that requests a Department service not listed at (g) above may request an initial review of the service for purposes of determining the fee for performing such service.
(i) The Department shall charge an excess fee for regulated medical waste services at the following hourly rates for excess person-hours required to perform any service for which a fee is established pursuant to (a) through (g) above. The Department shall notify the applicant or permittee of such excess fee in writing before performing the additional work:
(j) The determination of an estimated fee pursuant to (h) above shall expire 90 days after the date such determination was issued, unless the applicant or permittee has paid such fee to the Department in full before expiration. If the applicant or permittee desires to continue to pursue the request for services for which the fee determination has expired, such applicant or permittee may request a redetermination of the fee in writing, and the Department shall redetermine the fee in accordance with (h) above, as applicable.
(k) The Department may refrain from commencing work on the service for which a fee is established pursuant to (g) through (i) above until the Department receives full payment of such fee. If the Department has commenced work on the service the Department may suspend such work until it receives full payment of such fee.
(l) Any generator that fails to register pursuant to this section and that submits the annual fee pursuant to (a) above later than August 20 of each calendar year shall pay a late fee in the amount of 25 percent of the annual fee up to 15 days, 50 percent up to six months, and 100 percent up to one year, in addition to the annual fee. Neither the assessment of a late fee nor the payment of a late fee shall prevent the Department from taking any appropriate enforcement action.
(m) Any generator that submits the annual generator report required by N.J.A.C. 7:26-3A.21(d), 30 or more days after such report is due to be submitted to the Department shall pay a late fee of $ 267.00. Neither the assessment nor the payment of a late fee shall prevent the Department from taking any appropriate enforcement action.
(n) The Department shall annually determine, during the month of October, the hourly rate for regulated medical waste services, as well as the hourly rate for excess hours. These hourly rates shall be determined using the following formulas:
Hourly Rate = (AS+FB+IC+OE+LS)
BH
Excess Hourly rate = (AS+FB+IC)
BH
Where:
AS = The average annual salary of the Direct Program staff assigned to the activity, plus a component that reflects the salaries for Direct Support and Division Overhead staff who perform functions related to the fee activity. To calculate AS, the Department divides the applicable number of Direct Support staff and Division Overhead staff salaries by the number of Direct Program staff and adds this figure to the average salary of the Direct Program staff.
FB = The average fringe benefits for an employee calculated as a percentage of the average salary. The New Jersey Department of Treasury sets the percentage based on costs associated with pensions, health benefits, workers compensation, disability benefits, unused sick leave and the employer's share of the Federal Income Compensation Act (FICA) contribution. The percentage is annually set by the New Jersey Department of Treasury.
IC = The indirect costs, which are calculated at a rate negotiated annually between the Department and the United States Environmental Protection Agency. Indirect costs are those costs incurred for a common or joint purpose, benefiting more than one objective and not readily assignable to the cost objective specifically benefited without effort disproportionate to the result achieved. Indirect costs consist of Department management salaries and operating expenses, divisional indirect salaries and related expenses (personnel, fiscal and general support staff), building rent and the Department allocation of indirect costs listed in the Statewide Allocation Plan prepared annually by the State Department of the Treasury. Indirect costs do not include the salaries for Division Overhead staff and Direct Support personnel. To calculate the IC, the current negotiated rate is multiplied by the sum of AS and FB.
OE = The average operational expenses attributable to a Direct Program Staff position. Operating expenses include costs incurred in connection with the program for such items as postage, telephone, training, travel, supplies, equipment maintenance, vehicle maintenance and data system management (internal systems such as the New Jersey Environmental Management System (NJEMS) and external mainframe applications through the Office of Information Technology).
LS = The budgeted annual costs of legal services performed in connection with each of the types of activities for which fees are assessed divided by the total number of Direct Program staff funded through the various fee programs.
BH = 1,428. The billable hours, which is the average number of hours each Direct Program Staff position spends annually performing activities for which fees are assessed, which is determined by starting with the total number of days in the calendar year, 365. Then weekends and holidays are subtracted. This figure is further reduced by subtracting days for an average number of used employee leave time (vacation, sick and administrative leave days). Finally, the figure is adjusted by subtracting days for training and other non-billable staff time (such as medical surveillance, time sheet preparation, staff meetings, and other general functions). This results in 204 working days annually that can be allocated to specific objectives (204 days multiplied by seven hours per workday equals the 1,428 billable hours used for most calculations).
(o) Each year, the Department shall prepare an Annual Regulated Medical Waste Hourly Rate Calculation Report detailing the factors used to calculate the hourly rate and the excess hourly rate. During the month of December, the Department shall publish in the New Jersey Register a notice that includes a summary of the report and the hourly rate and excess hourly rate. The notice shall state that the report is available, and shall direct interested persons to contact the Department for a copy of the report. The Department shall provide a copy of the report to each person requesting a copy and shall post a copy of the report on the Department's website at www.state.nj.us/dep.