N.J. Admin. Code § 7:26H-1.6

Current through Register Vol. 56, No. 9, May 6, 2024

Section 7:26H-1.6 - Certificate of public convenience and necessity

(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(d) In the event that a license, as defined at 7:26-16.2, is denied, revoked, or withdrawn, the certificate shall immediately become invalid.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.

N.J. Admin. Code § 7:26H-1.6

Amended by R.1996 d.253, effective 6/3/1996.
See: 28 N.J.R. 78(a), 28 N.J.R. 247(a), 28 N.J.R. 1147(a), 28 N.J.R. 2908(a).
Amended by R.2002 d.356, effective 11/4/2002.
See: 34 N.J.R. 1792(a), 34 N.J.R. 3819(a).
In (b), deleted the reference to N.J.A.C. 7:26-3; added (e).
Amended by R.2004 d.408, effective 11/15/2004.
See: 35 N.J.R. 4405(a), 36 N.J.R. 5098(b).
Added (f).

Administrative Change, 55 N.J.R. 2003(a), effective 8/23/2023