N.J. Admin. Code § 7:26H-5.5

Current through Register Vol. 56, No. 21, November 4, 2024
Section 7:26H-5.5 - Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Acts" means P.L. 1970, c. 40, known as the Solid Waste Utility Control Act, P.L. 1991, c. 381, known as the Solid Waste Collection Regulatory Reform Act, and P.L. 2003, c. 169, known as the Commercial Landfill Regulatory Reform Act.

"CPI" means the averaged Consumer Price Index as reported by the United States Department of Labor, Bureau of Labor Statistics for the New York Urban and Philadelphia area for all urban consumers for the calendar year period just ended.

"Materials recovery" means the processing and separation of solid waste utilizing manual or mechanical methods for the purpose of recovering recyclable materials for disposition and recycling prior to the disposal of the residual solid waste at an authorized solid waste facility.

"Materials recovery facility" means a transfer station or other authorized solid waste facility at which nonhazardous solid waste, which materials is not source separated by the generator thereof prior to collection, is received for on-site processing and separation utilizing manual or mechanical methods for the purposes of recovering recyclable materials for disposition and recycling prior to the disposal of the residual solid waste at an authorized solid waste facility.

"Septic waste" means pumping from septic tanks and cesspools, but shall not include wastes from a sewage treatment plant.

"Solid waste" means garbage, refuse, and other discarded material resulting from industrial, commercial and agricultural operations, and from domestic and community activities, and shall include all other waste materials including liquids, except for solid animal and vegetable wastes collected by swine producers licensed by the State Department of Agriculture to collect, prepare and feed such wastes to swine on their own farms.

"Solid waste collection" means the activity related to pickup and transportation of solid waste from its source or location to an authorized solid waste facility, but does not include activity related to the pickup, transportation or unloading of septic waste.

"Solid waste collection services" means the services provided by persons engaging in the business of solid waste collection.

"Solid waste collector" means a person engaged in the collection of solid waste and holding a certificate of public convenience and necessity pursuant to N.J.S.A. 48:13A-6 and 48:13A-9.

"Solid waste disposal" means the storage, treatment, utilization, processing or final disposal of solid waste.

"Solid waste disposal services" means the services provided by persons engaging in the business of solid waste disposal.

"Solid waste facility" means and includes the plants, structures, and other real and personal property acquired, constructed, or operated, or to be acquired, constructed or operated by any person pursuant to the provisions at N.J.S.A. 13:1E-1 et seq. or any other act, including transfer stations, incinerators, resource recovery facilities, sanitary landfill facilities, or other plants for the disposal of solid waste, and all vehicles, equipment, and other real and personal property and rights therein and appurtenances necessary or useful and convenient for the collection or disposal of solid waste in a sanitary manner.

N.J. Admin. Code § 7:26H-5.5

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.2001 d.86, effective 3/5/2001.
See: 32 N.J.R. 2536(a), 33 N.J.R. 880(a).
Deleted "Rate bands".
Amended by R.2002 d.356, effective 11/4/2002.
See: 34 N.J.R. 1792(a), 34 N.J.R. 3819(a).
Deleted "Transition period", "Transition year" and "Uniform tariff".
Amended by R.2008 d.117, effective 5/5/2008.
See: 39 N.J.R. 4477(a), 40 N.J.R. 2243(a).
Substituted definition "Acts" for definition "Act".
Administrative Change, 55 N.J.R. 2003(a), effective 8/23/2023