New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 26H - SOLID WASTE UTILITY REGULATIONS
Subchapter 4 - SOLID WASTE TARIFFS
Section 7:26H-4.4 - Solid waste collection tariff terms and conditions
Universal Citation: NJ Admin Code 7:26H-4.4
Current through Register Vol. 56, No. 24, December 18, 2024
(a) The following shall apply to all solid waste collection companies:
1. The solid waste collection utility shall
have unencumbered access to any customer's container, utility container or
other area from which solid waste is to be collected. If containers are located
in an enclosed structure, said structure must allow for access. In the event
that the structure prevents access, the collector shall return on the next
regularly scheduled collection date. All containers and areas from which solid
waste is to be collected shall be kept free from all hazards and potential
hazards. During periods of inclement weather, containers are to be reasonably
free from ice and snow.
2.
Collection service shall be provided according to a schedule contained in the
collector's tariff.
3. Where more
than one rate schedule is available to a particular customer, the solid waste
utility shall have at all times the responsibility to assist such customer in
the selection of the rate schedule most favorable for their individual
requirements and to make every reasonable effort to ensure that such customer
is served under the most advantageous schedule. Each such utility shall include
among the terms and conditions of its tariff the provision that it will assist
customers in the selection of the rate schedule most favorable for their
individual requirements.
4. The
collector may provide miscellaneous collection services, including collection
of yard clippings, garden refuse, bulky household refuse and additional types
of solid waste not provided for in the basic service. Specific provisions must
be outlined in the appropriate service section of the collector's
tariff.
5. The collector may
require that solid waste potentially dangerous to health and liable to cause
injury be packaged in a matter which limits the possibility of exposure and/or
injury. Specific provisions must be outlined in the terms and condition section
of the collector's tariff.
6.
Collectors are prohibited from collecting commingled loads of solid waste and
designated source separated recyclable materials, except in those instances
where a specific municipal exemption has been granted to the generator of those
materials as provided by N.J.S.A. 13:1E-99.16(d). Each solid waste management
district plan contains a definition of the district's designated recyclable
materials. Collectors are prohibited from disposing of leaves in any manner
that differs from that outlined in N.J.S.A. 13:1E-99.21.
7. Should the collector fail to pick up solid
waste on a regularly scheduled day, and such failure is not caused by any act
or omission of the customer, the collector shall make the pickup as soon as
possible, but in no event shall it be later than the next regularly scheduled
collection day.
8. In the event of
inclement weather when operation of a solid waste collection vehicle would pose
a threat to the safety of the public and/or the equipment and personnel of the
collector, pickups shall be made no later than the next regularly scheduled
day. In those cases where collection is scheduled on a one collection per week
basis, that collection shall be made as soon as possible.
9. A collector may discontinue service to a
customer provided it gives the customer at least 10 days' written notice of its
intention to discontinue. A collector may discontinue service for nonpayment of
bills provided it gives the customer at least 10 days' written notice of its
intention to discontinue. At least 10 days for payment shall be allowed after
sending a bill. The notice of discontinuance shall not be served until the
expiration of the said 10-day period given for payment of the bill. However, in
the case of fraud, illegal use, or when it is clearly indicated that the
customer is preparing to leave, immediate payment of accounts may be required.
i. All notices of discontinuance to
residential customer's shall contain the following:
(1) A statement that the collector is subject
to the jurisdiction of the New Jersey Department of Environmental
Protection;
(2) The address and
telephone number of the collection utility; and
(3) A statement that in the event the
customer is either unable to make payment of a bill or wishes to contest a bill
the customer should contact the utility. The notice shall contain information
sufficient for the customer to make an appropriate inquiry.
ii. A solid waste collector shall
transmit copies of notices of discontinuance to the Department at the same time
such notice is transmitted to the customer.
10. Residential customers who wish to
discontinue or suspend service for periods of 30 days or more must give notice
to the utility, by telephone or in writing, not less than seven days prior to
the date they wish discontinuance of service and if applicable, indicate the
date they wish service to resume. The utility is not obligated to credit a
residential customer who fails to provide notice in the manner required
herein.
11. A collector may
terminate service to a customer for one of the acts or omissions listed below
provided the collector complies with the notice provisions contained in
subsection (a)9 above:
i. Non-payment of a
valid bill at a present or previous location. Non-payment of bill for service
to a commercial establishment shall not be cause for discontinuance of
residential service;
ii. Fraudulent
representation in relation to use of service;
iii. Customer moving from the premises unless
the customer requests that the service be continued;
iv. Providing a collector's service to others
without the collector's approval; or
v. Failure to make or increase an advance
payment or deposit as provided for in the collector's tariff.
12. The collector shall have the
right to refuse pickup of waste for any of the following reasons:
i. Waste is not placed in proper
containers;
ii. Waste is not placed
at designated pickup locations;
iii. Waste contains hazardous material (as
defined in N.J.A.C. 7:26), or other matter is likely to cause injury to the
public or the collector's personnel;
iv. Waste is not placed out for collection on
the scheduled day;
v. Passage on
the street or into the property is obstructed in any way by the operations to
pave the street, by the digging of water or sewer lines or other type of
construction. Pickup shall be provided on the next regularly scheduled
collection day;
vi. The collector
is asked to move the collection vehicle by an authorized government official or
a member of the local police or fire department because the customer, either
residential, commercial or industrial, has not provided either adequate or
legal parking for the collection of garbage, refuse or solid waste. Under these
circumstances, the collector may leave and not be obligated to return until the
next regularly scheduled collection day;
vii. Containers exceed prescribed weight
limits as prescribed in the collector's tariff;
viii. Containers are over filled or
overflowing;
ix. The particular
service and/or waste type is not included in the collector's tariff;
or
x. Solid waste is commingled
with designated source separated recyclable material.
13. Collection services may be restored upon
proper application when the conditions under which such service were
discontinued are corrected, and upon the payment of all proper charges due from
the customer as provided in the collector's tariff.
(b) The following provisions shall apply to all solid waste collection utilities regarding billings and payments for services.
1. The collector may bill customers
for service on a monthly or quarterly basis in advance. At least 10 days' time
for payment shall be allowed after sending a bill. Bills for payment of
services shall be mailed to the address indicated by the customer at the time
service is requested, absent subsequent notice by the customer.
2. If the collector does not utilize advanced
billing, residential, commercial, and industrial solid waste collection
billings are to be made with payment due in 30 days. At least 10 days' time for
payment shall be allowed after sending a bill. If payment has not been received
after 10 days past the date the bill was payable, then the collector may
discontinue service to the customer upon providing 10 days' written notice in
accordance with (a)9 above.
3. All
bills for collection shall include and list separately the following
information:
i. The date of the
bill;
ii. The time period for which
the service is rendered;
iii. The
size and number of containers;
iv.
The frequency of service;
v. The
waste type;
vi. The disposal
facility and tariff rate applied, including:
(1) The disposal component (actual weight for
roll-off services);
(2) The service
component; and
(3) Special or
additional charges, if applicable;
vii. A separate line item showing the
surcharge applied, if any, to fund county health department enforcement
activities, N.J.S.A. 13:1E-9.1;
viii. A separate line item showing the Solid
Waste Service Tax;
ix. A separate
line item showing the Host Community Benefit surcharge, if any;
x. Separate line items showing the Sanitary
Landfill Closure and Contingency Fund Act tax, N.J.S.A. 13:1E-100 et seq.;
and
xi. The total charge for the
service.
4. Residential
rates are based on an annual service charge. No credit shall be extended to the
customer or deduction allowed should the collector fail to make a collection
for reasons outside the collector's control, or should the customer not provide
refuse, garbage or solid waste for collection except as allowed in (a)11
above.
5. If credit has not been
established, the collector may request a reasonable deposit. The initial
deposit shall be equal to the estimated average bill of the customer for a
given billing period. In determining the amount of the deposit, there shall be
excluded from the average bill such portion thereof, if any, for which payment
is received in advance. If the actual bills of the customer subsequently
rendered prove the deposit is either insufficient or excessive, the deposit may
be adjusted in accordance with the facts. Failure to tender the required
deposit shall result in the discontinuance of service in accordance with (a)9
above.
i. Customers who have defaulted in
payment of bills may be required to furnish a deposit or increase an existing
deposit in an amount sufficient to secure payment of future bills. The amount
of such deposit shall be reasonably related to the probable charge for service
during a billing period, this period to include the average time required for
collection after bills are rendered. If a customer fails to make the required
deposit, the collector may discontinue service in accordance with (a)9
above.
ii. If a customer who has
made a deposit fails to pay a bill, the collector may apply such deposit in so
far as is necessary to liquidate the bill and require the deposit to be
restored to the original amount.
iii. The collector shall furnish a receipt to
each customer who has made a deposit.
iv. Upon closing any account the balance of
any deposit remaining after the closing bill for service has been settled shall
be returned promptly to the customer plus simple interest at a rate of 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 refund.
Where return of the deposit is made in cash, surrender of the receipt or, in
lieu thereof, proof of identity may be required.
6. No customer shall be required to pay,
reward or to give any gratuity to receive the waste collection service to which
the customer is entitled by contract or regulation.
7. The collector may require from
institutional, commercial and industrial customers a written acknowledgment of
services rendered (receipt). Such receipt will be provided by the collector and
may state the date, time of arrival, time of departure, amount of refuse
removed as well as other information reasonably necessary for account billing.
The collector shall provide a copy of the receipt to the customer.
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