N.J. Admin. Code § 7:26H-1.20

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

Section 7:26H-1.20 - Records

(a) Every utility engaged in solid waste collection or solid waste disposal shall keep books, records and accounts in accordance with generally accepted accounting principles as the Department may prescribe by regulation or administrative order.

(b) Every solid waste utility shall maintain and submit, when required, records in accordance with the requirements of this section.

1. All books, records, accounts, documents and other writings relating to the business of solid waste collection, including annual reports and customer lists, shall be maintained at an office in the State of New Jersey unless otherwise approved by the Department.

2. Petitions for authority to keep books, records, accounts, documents and other writing outside the State shall conform to the provisions of 7:26H-3.9 to the extent applicable.

3. Each solid waste utility shall notify the Department of the location of the office or offices where records pertaining to the provision of solid waste services are maintained. Every solid waste utility shall make such records available for examination by representatives of the Department anytime during normal business hours.

(c) All books, records, accounts, documents and other writings, including customer complaints, annual reports and customers lists, shall be retained at the office of the solid waste utility for at least five years from the date that the documents were due or created, unless the Department specifically requires an additional retention period. Each solid waste utility shall make such books, records, accounts, documents and other writings, including customer complaints, annual reports and customer lists available for inspection by representatives of the Department at any time during normal business hours.

(d) All records pertaining to solid waste utilities, except those records set forth in (d)1 below or which by rule are accorded confidential treatment by the Department below or are subject of a protective order, which specifically are required by statute to be made, maintained or kept by and for the Department shall be public records with the meaning of 47:1A-1 et seq. Records which by rule are accorded confidential treatment or which are subject of a protective order shall be disclosed only to the extent and in the manner provided therein and shall not be deemed public records within the meaning of 47:1A-1 et seq.

1. All other records of the Department shall not be subject to the provisions of 47:1A-1 et seq., and shall be available for inspection and examination only to the extent and for such purposes as may be expressly authorized by the Department.

(e) The fee for copies of records, instruments and documents of the Department shall be the fee established under N.J.S.A. 47:1A-2.

(f) All records which are required by law to be made, maintained or kept by and for the Department which relate to accidents and the investigation of accidents concerning solid waste utilities and to safety inspections and surveys of property and equipment of solid waste utilities shall be deemed public records, copies of which may be purchased or reproduced under the provisions of 47:1A-1 et seq., unless it is determined by the Department that the inspection, copying or publication of such records shall be inimical to the public interest.

N.J. Admin. Code § 7:26H-1.20

Amended by R.1996 d.253, effective 6/3/1996.
See: 28 New Jersey Register 78(a), 28 New Jersey Register 247(a), 28 New Jersey Register 1147(a), 28 New Jersey Register 2908(a).
Administrative change.
See: 30 New Jersey Register 3948(a).
Amended by R.2002 d.356, effective 11/4/2002.
See: 34 New Jersey Register 1792(a), 34 New Jersey Register 3819(a).
In (a), substituted "generally accepted accounting principles" for "the Uniform System of Accounts".