N.J. Admin. Code § 7:26H-1.11

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:26H-1.11 - Revocation or suspension of certificate

(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.

(b) Any solid waste collector who receives a notice of intent to revoke or suspend a certificate may, upon a written request to the Department within 20 days of receipt of notice, request an adjudicatory hearing thereon in the manner provided for contested case pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1.1 et seq. The solid waste collector shall deliver the written request to the following addresses:

New Jersey Department of Environmental Protection

Office of Administrative Hearings and Dispute Resolution

ATTENTION: Adjudicatory Hearing Requests

401 E. State Street

Mail Code 401-07A

PO Box 420

Trenton, NJ 08625-0420

New Jersey Department of Environmental Protection

Division of County Environmental and Waste Enforcement

401 E. State Street

PO Box 420

Trenton, New Jersey 08625-0420

New Jersey Department of Law and Public Safety

Division of Law

Richard J. Hughes Justice Complex

25 Market Street

PO Box 093

Trenton, New Jersey 08625

1. The solid waste collector shall include the following information in a request for a adjudicatory hearing under (b) above:

i. The solid waste collector's name, address and telephone number;

ii. Information supporting the request, and specific references to or copies of other documents relied upon to support the request;

iii. An estimate of the time required for the hearing (in days and/or hours); and

iv. A request, if necessary, for a barrier-free hearing location.

2. The Department may deny a request for an adjudicatory hearing under (b) above if:

i. The solid waste collector fails to provide all information required under (b)1 above; and

ii. The Department receives the request after the expiration of the time allotted under (b) above;

(c) When the Department determines that the contested suspension or revocation is necessary to alleviate an imminent danger to the environment or the public health, safety or welfare, the Department may suspend the license immediately and provide a hearing on an expedited basis.

(d) No person shall continue to engage in the business of solid waste collection or solid waste disposal if the Department has entered a final order suspending or revoking the certificate of public convenience and necessity held by such person.

(e) Motions for reconsideration of a Department order to suspend or revoke a certification of public convenience and necessity shall be filed in accordance with N.J.A.C. 7:26H-2.7(a).

N.J. Admin. Code § 7:26H-1.11

Administrative change.
See: 30 N.J.R. 3948(a).
Amended by R.2008 d.117, effective 5/5/2008.
See: 39 N.J.R. 4477(a), 40 N.J.R. 2243(a).
In the introductory paragraph of (b), rewrote the address block; and in (e), updated the N.J.A.C. reference.
Notice of readoption with technical change.
See: 47 N.J.R. 721(a).

Administrative Change, 55 N.J.R. 528(a), effective 2/23/2023