New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 26H - SOLID WASTE UTILITY REGULATIONS
Subchapter 1 - GENERAL REQUIREMENTS
Section 7:26H-1.4 - Definitions
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Act" means the Solid Waste Utility Control Act, N.J.S.A. 48:13A-1 et seq.
"Bulky waste" means any type 13 waste, as defined at N.J.A.C. 7:26-2.13(g), including large items of waste material, such as, appliances, furniture, tires, whole trees, branches, tree trunks and stumps generated by residential, commercial, institutional or industrial sources. Also included are waste building materials and rubble resulting from construction, remodeling, repair and demolition operations on houses, commercial buildings, improvements and other structures. Specifically excluded for the purpose of Department regulation are discarded automobiles, trucks and trailers and large vehicle parts.
"Commercial solid waste" means any type 10 waste, as defined at N.J.A.C. 7:26-2.13(g), generated in wholesale, retail or service establishments, including, but not limited to, restaurants, stores, markets, theaters, hotels and warehouses.
"Commissioner" means the Commissioner of the Department of Environmental Protection or any other person designated to act on the Commissioner's behalf.
"Compacted waste" means solid waste that has been compressed by non-residential mechanical or hydraulic machinery.
"Compacted food waste" means any type 10 waste, as defined at N.J.A.C. 7:26-2.13(g), generated in the preparation and consumption of meals at commercial restaurant establishments which has been compressed by non-residential mechanical or hydraulic machinery.
"Customer" means any person, partnership, firm, corporation, governmental subdivision or agency receiving service from any solid waste utility.
"Department" means the New Jersey Department of Environmental Protection.
"Director" means the Director of the Division of Sustainable Waste Management or any person designated to act on the Director's behalf.
"Division" means the Division of Sustainable Waste Management in the Department.
"Disposal" means the storage, treatment, utilization, processing, transfer or final disposal of solid waste.
"Dry sewage sludge" means any type 12 waste, as defined at N.J.A.C. 7:26-2.13(g), which is a sludge from a sewage treatment plant which has been digested and dewatered and does not require liquid handling equipment.
"Effective competition" means the existence of circumstances which ensures customers of a competitive environment in which they are not subjected to artificially low collection rates which would endanger a competitive environment or are not subjected to exorbitant collection prices resulting from insufficient competitive pressure, collusion or tacit pricing agreements.
"Engaged in the business of solid waste" means obligating oneself, through a contract or some other means, to provide collection, transportation, treatment, storage or disposal of solid waste in the State of New Jersey, including employment of a licensed hauler, including a subsidiary, to do the actual collection, transportation, treatment, storage or disposal.
"Food waste" means any type 10 waste, as defined at N.J.A.C. 7:26-2.13(g), generated in the preparation and consumption of meals at commercial restaurant establishments consisting of food scraps, soiled paper and other organic materials.
"Grace period" means the period of time afforded under N.J.S.A. 13:1D-125 et seq., commonly known as the Grace Period Law, for a person to correct a minor violation in order to avoid imposition of a penalty that would be otherwise applicable for such violation.
"Hazardous waste" means those solid wastes identified as hazardous wastes in accordance with N.J.A.C. 7:26G.
"Industrial solid waste" means any type 27 waste, as defined at N.J.A.C. 7:26-2.13(g), generated in manufacturing, industrial, and research and development processes and operations which are non-hazardous in accordance with the standards and procedures set forth in N.J.A.C. 7:26.
"Institutional solid waste" means any type 10 waste, as defined at, N.J.A.C. 7:26-2.13(g), generated in the operation of institutions, including, but not limited to, hospitals, colleges, schools, nursing homes, medical and dental professional buildings, research and development processes, and laboratories.
"Internal cost of service" means the cost of services produced by the normal operations of an entity (excluding external financing and related debt service).
"Limited service" means service that is available only at certain specified hours of the day or season of the year.
"Liquid wastes" means any type 72, 73 or 74 waste, as defined at N.J.A.C. 7:26-2.13(g), including bulk liquids and semi-liquids, septic tank cleanout wastes and liquid sewage sludge, they include liquids or a mixture consisting of solid matter suspended in a liquid media which is contained within, or is discharged from, any one vessel, tank, other container which has the capacity of 20 gallons or more (not included is any type 12 waste); pumping from septic tanks and cesspools; and liquid residue from a sewage treatment plant consisting of sewage solids combined with water and dissolved materials.
"Loose food waste" means any type 10 waste, as defined at N.J.A.C. 7:26-2.13(g), generated in the preparation and consumption of meals at commercial restaurant establishments which has not been compressed by non-residential or mechanical or hydraulic machinery.
"Loose waste" means solid waste that has not been compressed by non-residential mechanical or hydraulic machinery.
"Market-based rates" means the solid waste disposal rates collected by a privately-owned sanitary landfill facility that do not exceed rates charged at other solid waste facilities in this State or at competing out-of-State facilities.
"Materials recovery" means the processing and separation of solid waste utilizing manual or mechanical methods for the purpose of recovering recyclable materials for disposition and recycling prior to the disposal of the residual solid waste at an authorized solid waste facility.
"Material recovery facility" means a transfer station or other authorized solid waste facility at which nonhazardous solid waste, which solid waste is not source separated by the generator thereof prior to collection, is received for on-site processing and separation utilizing manual or mechanical methods for the purpose of recovering recyclable materials for disposition and recycling prior to the disposal of the residual solid waste at an authorized solid waste facility.
"Multiple dwelling" means any building of one or more stories which contains four or more dwelling units. The solid waste generated by residents of a multiple dwelling may be considered waste type 10, commercial for economic regulation purposes.
"Operating margin methodology" means a market-based methodology used to established just and reasonable rates by determining the reasonableness of known and measurable operating expenses, including debt service, depreciation and taxes, and adding a revenue margin calculated as a percentage of these expenses which ensure a reasonable profit margin.
"Peak rate" means the highest solid waste disposal utility tariff rate on file with and approved by the Department for each type of ID waste. When a solid waste disposal utility owner or operator petitions the Department for a rate above the existing peak rate, upon Departmental approval, the new rate becomes the peak rate for all solid waste disposal utilities for that particular waste.
"Person" means an individual, a corporation, a partnership, an association, a joint stock company, a business trust, or any organized group of persons, whether incorporated or not, or any receiver or trustee.
"Petition" means an application made to the Department pursuant to N.J.A.C. 7:26H-2.
"Privately-owned sanitary landfill facility" means a commercial sanitary landfill facility which is owned and operated by a private person, corporation or other organization and includes all appurtenances and related improvements used at the site for the transfer, processing or disposal of solid waste.
"Public Utility MRF" means a material recovery facility or transfer station that has received a certificate of public convenience and necessity to accept solid waste for disposal from solid waste collectors or generators.
"Recycling" means any process by which materials which would otherwise become solid waste are collected, separated, or processed and returned to the economic mainstream in the form of raw materials or product. Materials to be recycled include those materials as defined in N.J.S.A. 13:1E-99 and the individual District Solid Waste Management Plans.
"Reform Act" means the Solid Waste Collection Regulatory Reform Act, N.J.S.A. 48:13A-7.1 et seq.
"Residential service, curb collection" means service by the collector which requires collection by the collector at the curb of the residence.
"Residential service, walk-in" means service by the collector at a point other than the curb of the residence involved, provided such other collection point does not require the collector to drive the collection vehicle beyond the curb to the point of collection, or walk a distance greater than 50 feet from the curb-line.
"Residential service, special collection" means service that requires the collection of residential solid waste at irregular intervals.
"Residential solid waste" means type 10 waste, as defined at N.J.A.C. 7:26-2.13(g), generated in the day to day activities of a residence and includes animal and vegetable waste resulting from the handling, processing, preparing, cooking and consuming of food, and includes household liquids. Residential solid waste does not mean used motor oil, grass clippings and other specified nonacceptable waste as defined in the applicable District Solid Waste Management Plan or N.J.S.A. 13:1E-1 et seq.
"Resource recovery facility" means a solid waste facility constructed and operated for the incineration of solid waste for energy production and the recovery of metals and other materials for refuse, or a mechanized compost facility or any other solid waste facility constructed or operated for the collection, separation, recycling of metals, glass, paper and other materials for reuse or for energy production.
"Return on rate base methodology" means a traditional rate-making methodology that establishes a rate base (net utility property plus operating expenses and working capital allowance) and allows a utility to include in its tariff rates a rate of return (profit) on same, which is usually derived via a cost of debt/cost of equity ratio analysis.
"Sanitary landfill" means a permitted solid waste facility, at which solid waste is deposited on or into the landfill for the purpose of permanent disposal or storage for a period of time exceeding six months, except that it shall not include any waste facility approved for disposal of hazardous waste.
"Septic waste" means a mixture consisting of sewage solids combined with water and dissolved materials in varying amounts obtained from pumping septic tanks and cesspools, but shall not include wastes from a sewage treatment plant.
"Sewage sludge" means solid, semi-solid or liquid residue generated by the processes of a domestic treatment works as defined at N.J.A.C. 7:14A. Sewage sludge includes, but is not limited to, domestic septage, scum or solids removed in primary, secondary, or advance wastewater treatment processes, and a material derived from sewage sludge. Sewage sludge does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during preliminary treatment of domestic sewage in a treatment works.
"Solid waste" means garbage, refuse, and other discarded material resulting from industrial, commercial and agricultural operations, and from domestic and community activities, and shall include all other waste materials including liquids, except for solid animal and vegetable wastes collected by swine producers licensed by the State Department of Agriculture to collect, prepare and feed such waste to swine on their own farms.
"Solid waste collection" means the activity related to pickup and transportation of solid waste from its source or location to an authorized solid waste facility, but does not include activity related to the pickup, transportation or unloading of septic waste.
"Solid waste collection services" means the service provided by persons engaging in the business of solid waste collection.
"Solid waste collector" means a person engaged in the collection of solid waste and holding a certificate of public convenience and necessity pursuant to N.J.S.A. 48:13A-6 and 48:13A-9.
"Solid waste disposal" means the storage, treatment, utilization, processing or final disposal of solid waste.
"Solid waste disposal services" means the services provided by persons engaging in the business of solid waste disposal.
"Solid waste facility" means and includes the plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by any person pursuant to this subchapter or any other act, including transfer stations, incinerators, resource recovery facilities, sanitary landfill facilities or other plants for the disposal of solid waste, and all vehicles, equipment and other real and personal property and rights therein and appurtenances necessary or useful and convenient for the collection or disposal of solid waste in a sanitary manner.
"Tariff" means the Department form required by N.J.A.C. 7:26H-4.
"Transfer station" means a solid waste facility at which solid waste is transferred from a solid waste collection vehicle to a licensed solid waste haulage vehicle for transportation to a solid waste facility.
"Vegetative waste" means any type 23 waste, as defined at N.J.A.C. 7:26-2.13(g), including waste materials from farms, plant nurseries and greenhouses that are produced from the raising of plants. This waste includes such crop residues as plant stalks, hulls, leaves and tree wastes processed through a wood chipper.
"Yard trimmings compost facility" means a recycling center which is designed and operated for the purpose of composting grass clippings, leaves and brush exclusively and shall also include leaf mulching operations.
