N.J. Admin. Code § 7:26H-4.7

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:26H-4.7 - Solid waste disposal tariff provisions

(a) The following terms and conditions shall apply to all certificated solid waste disposal facilities.

1. The disposal utility shall operate according to the schedule contained in its permits and approved tariff. All hours and rates shall be publicly posted. In the event that a disposal utility maintains public hours that differ from operating hours, then the tariff shall so state. Approved hours shall not be extended without prior written approval from the Department. Upon notification to the Department, a facility may close, open or remain open beyond its posted hours when conditions are such as to pose a threat to the safety and welfare of its employees and customers or when continued operations or cessation of operations would create a violation of applicable statutes, rules or regulations.

2. All owners, operators and vehicles entering a facility to dispose of solid waste shall be in compliance with all rules and regulations established by the facility and the Department and shall have all licenses, permits and decals as required by law and shall, upon request, furnish evidence of compliance with same.

3. Upon arrival at the facility, each vehicle shall report as required to the scalehouse. Upon departure, unless otherwise provided for, all vehicles shall proceed to the outbound scale or return to the scalehouse to determine the tare weight, refuse quantity and disposal charges, in accordance with the posted tariff, and receive an invoice detailing the same. In the event the scales are inoperative, charges for waste disposal shall be calculated on a cubic yard basis as prescribed in the facility's approved tariff.

4. Each disposal facility shall establish and maintain records in accordance with 7:26H-1.20 and 7:26-2.13.

5. Each vehicle entering a facility shall be constructed, maintained, loaded and operated so as not to cause any spillage, excessive noise or other problems of any sort and it shall be capable of discharging its cargo quickly and expeditiously. Any vehicle which, in the opinion of facility personnel, shall create a hazard to the facility's employees or other customers, may be refused admittance.

6. The disposal utility shall accept only identifiable and acceptable solid waste in accordance with its certificate and permit, and all other applicable rules and regulations.

i. The facility may refuse to accept, permanently or temporarily, any material it would not be able to handle and dispose of in compliance with all applicable rules, regulations, ordinances, statutes, or that would endanger the safety of the facility.

ii. The facility may require any material brought to the facility to be tested to ascertain the nature of the contents of any vehicle whenever it reasonably believes that the load includes excluded waste. In the event that testing reveals that the load contains excluded waste, the actual costs of such tests shall be borne by the customer or generator.

7. The facility shall deny access to any customer under the following circumstances:

i. The customer engages in behavior which endangers the safety of other customers, facility employees or the general public;

ii. The customer is carrying unauthorized waste or otherwise fails to conform with the provisions of the tariff; and

iii. Failure to display all necessary decals on the vehicles and containers.

8. The facility may deny access to any customer, with a minimum of seven days written notice, under the following circumstances:

i. Failure to make payments as prescribed;

ii. Failure to provide evidence of compliance with applicable rules and regulations;

iii. Personnel cannot readily identify or ascertain the nature of the vehicle's contents;

iv. Failure to produce appropriate Department registration card; or

v. Failure to comply with the rules and regulations of the facility. Each facility shall post the same and provide copies to each driver who enters the facility.

9. All vehicles using the access roads to and on the site shall be insured. Operators and owners shall carry proof of the same.

10. The disposal facility may permit private non-commercial vehicles with a gross weight of 9,000 pounds for a single vehicle or 16,000 pounds combined maximum gross vehicle weight for a vehicle pulling a trailer to make use of a convenience center established on its property. All wastes must be placed in the containers made available. Scavenging is not permitted and any non-commercial user found engaging in same may be denied access to the facility or may be required to comply with the provisions of (a)2 above.

11. An intermediate disposal facility receiving a solid waste load containing less than 60 percent, by weight of volume, of recoverable material shall have the right to designate the load not eligible for material recovery and shall apply the authorized disposal rate for the district of origin. An intermediate disposal facility shall document its decision and shall keep such documentation on file at the facility for a minimum of five years. Documentation shall include, but need not be limited to, photographic evidence and a commodity breakdown report, by volume and shall be signed by the supervisor on duty at the time any such load is delivered.

(b) Billing requirements for all solid waste disposal facilities are as follows:

1. All charges for solid waste disposal shall be calculated based upon the difference between the gross weight and the tare weight of the delivering vehicle, as weighed at the facility, or in the case where the tare weight cannot reasonably be taken at the time of departure, based on the actual gross weight and the registered tare weight of such vehicle as calculated by the facility's certified scale. In the event that scales are inoperable or unavailable, charges shall be calculated by multiplying the cubic yard capacity of the vehicle times the cubic yard rate, which shall be calculated on the basis of 3.3 cubic yards being equivalent to one ton.

2. All bills and invoices shall be sent out on a monthly or bimonthly basis, with payment due in 30 days. All payments shall be received no later than 10 days from the due date specified in the bill or invoice. Upon seven days ' written notice, the facility may refuse admittance to a customer who fails to submit payment. All bills and invoices for disposal shall include the following information and shall list each as a separate line item:

i. The date of the bill;

ii. The time period for which the service is rendered;

iii. The gross weight and the tare weight of each vehicle and the net weight of the solid waste or, where applicable, the capacity of the vehicle in cubic yards;

iv. The waste type;

v. The tariff rate applied;

(1) Special or additional charges, if applicable; and

(2) If pursuant to a contract, date and docket number of Department authorization.

vi. 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;

vii. Separate line items showing the Solid Waste Service Tax, Resource Recovery Investment Tax and, if applicable, Solid Waste Importation Tax, 13:1E-136 et seq.;

viii. A separate line item showing the Host Community Benefit surcharge, if any; and

ix. The total charge for the service.

3. No credit shall be extended to the customer or deduction allowed should the facility refuse admittance due to failure to comply with all applicable rules and regulations or the facility is unable to determine the contents of the vehicle.

4. The disposal facility shall not assess a late payment charge on an unpaid bill unless such charge is provided for in the disposal facility's applicable rate schedule approved by the Department. A late payment charge will be approved if it is applicable to payments made more than 45 days past due.

(c) General payment requirements for all solid waste disposal facilities are as follows:

1. The disposal facility may require its customers to establish and maintain advance payment accounts in accordance with the following:

i. A letter of credit issued by a local bank on behalf of the customer agreeing to honor all written demands for payment submitted by the facility. Payment in full shall be made within seven days of receipt of the demand for payment; provided, however, that such payment shall not exceed the value of the letter of credit. In the event that the accumulated disposal charges exceed the amount of the letter of credit, the customer may be required to pay cash or be denied entry into the facility until the account balance is sufficiently reduced, or the amount contained in the letter of credit account is satisfactorily replenished. The customer shall ensure that the funds provided by the letter of credit account are sufficient to cover projected disposal costs for the billing cycle. The facility shall provide the customer with an invoice containing the information specified at (b)2 above and listing all payment demands made on the letter of credit account;

ii. An interest-bearing security escrow account established by the facility at a local bank where customers can deposit an amount of money sufficient to cover the projected costs of disposal for the billing cycle. The facility shall debit the customer's escrow account for waste actually delivered to the facility. The customer shall ensure that the funds are sufficient to cover the anticipated disposal costs during the billing period. When a customer's escrow account drops below the minimum required by the facility, the facility shall notify the customer who will make an additional deposit sufficient to raise the escrow account to the full amount. In the event that the accumulated disposal charges exceed the amount of the escrow account, the customer may be required to pay cash or be denied entry into the facility until the account balance is sufficiently reduced, or the amount contained in the escrow account is satisfactorily replenished. The facility shall provide the customer with an invoice containing the information specified at (b)2 above and listing all debits to the customer's account. The bank shall issue interest checks in the customer's name on a yearly basis;

iii. A prepaid cash deposit in an amount equal to no more than 100% of the projected costs of disposal for the billing cycle. The facility shall debit the customer's account for solid waste received at the facility. When a customer's deposit drops below the minimum required by the facility, the facility shall notify the customer who will make an additional deposit sufficient to raise the deposit to the full amount. If the customer lacks sufficient funds on deposit with a facility to cover the costs of disposal, the customer may be denied access to the facility until such time as the account is replenished. The facility shall provide the customer with an invoice containing the information specified at (b)2 above and listing all debits to the customer's cash deposit;

iv. The facility may establish alternate advanced payment billing arrangements subject to Department approval; and

v. If, pursuant to a court order or New Jersey Department of Environmental Protection order, any user shall be permitted to dispose of waste without prepaying the charges therefore, the terms of payment shall be cash payment in full tendered within 10 days of the date the waste was delivered to the facility.

2. The facility may establish, through rules and regulations, procedures by which a customer may open and utilize a charge account.

3. If credit has not been established by a customer or generator, the disposal facility may, with Department approval, request a reasonable deposit as a condition of admittance to the facility. Initial deposits are not to exceed two days estimated charges and the utility shall furnish a receipt to every customer required to make a deposit. If the actual bills of the customer demonstrate that the deposit is either insufficient or excessive, the deposits may be changed in accordance with the facts. After satisfactory credit has been established or upon closing the account, which ever event occurs first, deposits must be returned to the customer with accumulated interest at a rate equal to 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 return of the deposit.

i. Customers who have defaulted in payment of bills may be required to furnish a deposit or increase an existing deposit to secure payment of future bills. The amount of such deposit shall be determined in accordance with the above procedures. If a customer fails to make the required deposit, the disposal facility may deny admittance upon seven days written notice.

ii. Customers having deposits with the disposal facility who fail to pay their bills may have their deposits applied to the balance due and may be required to restore the deposits to the original amount, within a reasonable time period as a condition of admittance.

iii. The disposal facility 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 depositor with interest due. Where return of the deposit is made in cash, surrender of the receipt or, in lieu thereof, proof of identity may be required.

4. Non-credit customers disposing of waste shall pay by cash or check before leaving the facility. Cash customers who repeatedly fail to pay their disposal charges in full may not be admitted to the facility until they establish a prepayment or charge account. Any charge customer who has a history of repeatedly leaving the facility without paying may be required to make a prepayment before being allowed to dispose of any solid waste at the facility. The prepayment shall be based on the cubic yard capacity of the vehicle and the type of waste contained within the vehicle in accordance with authorized rates contained in the facility's tariff. This prepayment shall be paid with cash or money order and a refund shall be given the customer after disposal, if appropriate.

N.J. Admin. Code § 7:26H-4.7

Amended by R.1997 d.510, effective 10/31/1997 (operative November 10, 1997).
See: 29 New Jersey Register 4170(a), 29 New Jersey Register 5084(a).
Deleted (b)2v(1); and recodified existing (b)2v(2) and (b)2v(3) as (b)2v(1) and (b)2v(2). Readopted provisions of Emergency Amendment R.1997 d.404 without change.
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)10, substituted "9,000 pounds for a single vehicle or 16,000 pounds combined maximum gross vehicle weight for a vehicle pulling a trailer" for "5,000 pounds or less".

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