N.J. Admin. Code § 7:26H-6.3

Current through Register Vol. 56, No. 8, April 15, 2024
Section 7:26H-6.3 - Definitions

For the purposes of this subchapter, all of the terms defined in 7:26-1.4 are hereby incorporated by reference. The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.

"Bid guarantee" means the bid bond, cashier's check or certified check submitted as part of the bid proposal, payable to the contracting unit, ensuring that the successful bidder will enter into a contract.

"Bid proposal" means all documents, proposal forms, affidavits, certificates, and statements to be submitted by the bidder in response to the contracting unit's advertisement for bids.

"Bid specifications" means all documents requesting bid proposals for municipal solid waste collection services as described herein, the form of which is located at Appendix A at the end of this subchapter, incorporated hereby by reference.

"Certificate of insurance" means a document showing that an insurance policy has been written and includes a statement of the coverage of the policy.

"Collection site" means the location of waste containers on collection day.

"Collection source" means a generator of designated collected solid waste to whom service will be provided under the contract.

"Commercial waste" means any waste type 10, as defined at 7:26-2.13, generated by wholesale, retail or service establishments.

"Consent of surety" means a contract guaranteeing that the Surety will provide a performance bond on behalf of the bidder in the event that the bidder is awarded the contract.

"Contract" means the written agreement executed by and between the successful bidder and the governing body and shall include the bid proposal and the bid specifications.

"Contract administrator" is the person authorized by the contracting unit to administer contracts for solid waste collection services.

"Contracting unit" means a municipality or any board, commission, committee, authority or agency, and which has administrative jurisdiction over any district other than a school district, project, or facility, included or operating in whole or in part, within the territorial boundaries of any county or municipality which exercises functions which are appropriate for the exercise by one or more units of local government, and which has statutory power to make purchases and enter into contracts or agreements for the performance of any work or the furnishing or hiring of any materials or supplies usually required, the costs or contract price of which is to be paid with or out of public funds.

"Contractor" means the lowest responsible bidder to whom award of the contract shall be made.

"Designated collected solid waste" means garbage, refuse and other discarded materials resulting from industrial, commercial and agricultural operations and from domestic and community activities and shall include all other waste materials including liquids. Solid waste shall not consist of recyclable materials, hazardous waste, or solid animal and vegetable waste collected by swine producers licensed by the State Department of Agriculture to collect, prepare and feed such wastes to swine on their own farms.

"Governing body" means the governing body of the municipality, when the contract or agreement is to be entered into by, or on behalf of, a municipality, as further defined by 40A:11-2.

"Institutional waste" means any waste type 10, as defined at N.J.A.C. 7:26-2.13, generated by hospitals, colleges, schools, nursing homes, medical and dental professional buildings, research and development processes, and laboratories.

"Legal newspaper" means a publication, as defined at 35:1-2.1, selected by the contracting unit for publishing advertisements for municipal solid waste collection contracts.

"Litter" means all garbage, refuse and other discarded materials deposited in the litter receptacles belonging to the governing body.

"Multi-family home" means any housing in which four or more units of dwelling space are occupied, or are intended to be occupied, by four or more persons who live independently of one another.

"Proposal forms" means the documents to be submitted by the bidder on which the prices for services to be provided under the contract are set forth.

"Recyclable material" means those materials which would otherwise become solid waste and which may be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.

"Residential waste" means any waste type 10, as defined at 7:26-2.13, generated by single and multi-family homes. For the purposes of the uniform bid specifications, "residential waste" includes waste type 10 generated by apartment and condominium complexes.

"Service area" means the geographical area in which the services will be provided to the contracting unit under the contract.

"Surety" means a company that is duly certified to do business in the State of New Jersey and is qualified to issue bonds in the amount and of the type and character required by these specifications.

"Yard trimmings" means vegetative matter, including, but not limited to, grass clippings, leaves, and brush. It does not include materials such as food waste, food processing waste, or soiled paper.

N.J. Admin. Code § 7:26H-6.3

Administrative change.
See: 30 N.J.R. 3948(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 "Multi-family home", substituted "four" for "three" preceding "or more".
Amended by R.2008 d.117, effective 5/5/2008.
See: 39 N.J.R. 4477(a), 40 N.J.R. 2243(a).
In definition "Multi-family home", substituted "four" for "three".