NJDEP-Compliance & Enforcement

Compliance Assistance Resources - Solid Waste Checklists

General Utility Requirements - Collection Utility (SW32)
Requirement Description	Compliance Status	Compliance Comments
GENERAL SOLID WASTE UTILITY REQUIREMENTS
No vehicle which is registered pursuant to State solid waste laws and regulations for lawful solid waste transportation activities in this State shall be utilized for the transportation of fresh food or fresh food products, including meat, poultry, produce or other non-processed fresh food products intended for sale for human consumption, unless that vehicle has been appropriately cleaned and sanitized in accordance with rules and regulations adopted by the Department of Environmental Protection, after consultation with the Department of Health, prior to any use for the transportation of fresh food or fresh food products. The Department of Environmental Protection may adopt rules and regulations requiring notification, record-keeping or reporting of the use of registered vehicles for the transportation of fresh food or fresh food products. [N.J.A.C. 7:26-2.1(b)]
Did solid waste utility furnish safe, adequate and proper service, including furnishing and performing services in a manner that tends to preserve the quality of the environment? [N.J.A.C. 7:26H-1.14(a)]
Did solid waste collection or solid waste disposal utility not agree with any other collection or disposal utility or person to limit bidding or withdraw from a specific territory, or endeavor to eliminate competition? [N.J.A.C. 7:26H-1.15(a)]
Did solid waste disposal or solid waste collection utility not enter into a management agreement with another solid waste utility or other person without prior approval of the Department? Was filing for approval made in accordance with N.J.A.C. 7:26H-3.6 (Petitions for approval of management agreements)? [N.J.A.C. 7:26H-1.18]
GENERAL UTILITY - RECORD REQUIREMENTS
Did utility engaged in solid waste disposal file on or before the due date established by the Department each year an annual report summarizing its ownership, financial condition, contractual arrangements, and operations for the preceding calendar year on forms prescribed and furnished by the Department and did such report contain a statement of income and expenses for a calendar year period? Note: The due date for submission of the annual report is set by the Department, by notice to all solid waste utilities, at least 30 days before issuing the annual report forms for completion. [N.J.A.C. 7:26H-1.19]
Did utility engaged in solid waste collection or solid waste disposal keep books, records and accounts in accordance with generally accepted accounting principles as the Department may prescribe by regulation or administrative order? [N.J.A.C. 7:26H-1.20(a)]
Does solid waste utility maintain and submit, when required, records in accordance with the requirements of this section including all books, records, accounts, documents and other writings relating to the business of solid waste collection, including annual reports and customer lists, and are these records maintained at an office in the State of New Jersey or otherwise approved by the Department? [N.J.A.C. 7:26H-1.20(b)1]
Did petition for authority to keep books, records, accounts, documents and other writing outside the State conform to the provisions of N.J.A.C. 14:1-5.15 to the extent applicable? [N.J.A.C. 7:26H-1.20(b)2]
Did solid waste utility notify the Department of the location of the office or offices where records pertaining to the provision of solid waste services are maintained and were such records made available for examination by representatives of the Department anytime during normal business hours? [N.J.A.C. 7:26H-1.20(b)3]
Were all books, records, accounts, documents and other writings, including customer complaints, annual reports and customers lists, 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 required an additional retention period and were such records made available for inspection by representatives of the Department at any time during normal business hours? [N.J.A.C. 7:26H-1.20(c)]
Did utility engaged in solid waste collection or solid waste disposal file with the Department evidence of insurance or self-insurance for which certificate or evidence was in a form prescribed by the Department? [N.J.A.C. 7:26H-1.21]
Was no person, corporation or partnership issued more than one certificate as a solid waste collection utility or solid waste disposal utility? [N.J.A.C. 7:26H-1.23(a)]
Does public utility engaged in the business of solid waste collection or solid waste disposal own and have title to all property, equipment and facilities used and useful in providing safe, adequate and proper service? [N.J.A.C. 7:26H-1.24(a)]
Did solid waste utility using property, equipment and facilities to which it does not have title enter into a written lease and file said lease with the Department? Did lease filing contain a statement therein whereby the lessor of the property, equipment and facilities becomes subject to the jurisdiction and regulation of the Department for term of said agreement? [N.J.A.C. 7:26H-1.24(b)]
GENERAL UTILITY - TRANSACTIONAL FILINGS REQUIREMENTS (SALES, MERGERS, MANAGEMENT AGREEMENTS)
Was there prior authorization of the Department for any sale or transfer or encumbrance of the assets of a solid waste collection or solid waste disposal utility or any change in majority control of such utility? [N.J.A.C. 7:26H-3.2(a)]
Was there prior approval by the Department for any agreements to sell or transfer any share or share of capital stock of a solid waste utility to another utility or agreements to sell or transfer shares of capital stock to a corporation or person, where such sale would, by itself or in connection with other sales or transfers, vest in such person or corporation a majority interest of the outstanding capital stock. [N.J.A.C. 7:26H-3.3(a)]
Was there prior Department approval to allow solid waste utility to consolidate or merge with another solid waste disposal or solid waste collection utility or be dissolved? Was there prior Department approval to allow solid waste collection utility to consolidate or merge with any other person or business concern? [N.J.A.C. 7:26H-3.4(a)]
Did management agreement for solid waste collection or disposal utility contain the following terms and conditions: 1. Grants general operational control to the managing company including but not limited to, the authority to hire or fire employees, purchase equipment, or maintain the books and records of the utility; or 2. Delegates to the managing company the responsibility to make any filings with the Department. [N.J.A.C. 7:26H-3.6(a)]
Was solid waste collection or disposal utility management agreement filed for Department authorization at least 30 days prior to the completion of the transaction? Note: Notwithstanding the notice provisions of this subsection, the Department may waive the 30 day notice requirement where extraordinary circumstance can be shown. Extraordinary circumstances may include, but are not limited to, the death, disabling disease or injury of an owner or key employee. In no event will the agreement take effect without Department approval. [N.J.A.C. 7:26H-3.6(b)]
Did solid waste collection or solid waste disposal utility place a notice in a newspaper or general circulation in its service territory, of its intent to enter into a management agreement with any person at least 30 days prior to the completion of the transaction? [N.J.A.C. 7:26H-3.6(c)]
Did solid waste collection or solid waste disposal utility which could no longer provide safe, adequate or effective service to its customers intending to enter a management agreement include with the notice of intent a petition to discontinue service and surrender its certificate of public convenience and necessity? [N.J.A.C. 7:26H-3.6(d)]
Did solid waste collection or disposal utility or other person, whether or not such person is engaged in the business of solid waste, not do the following without prior written approval of Department: 1. Bill customers under the name of the managing company whether on the utility's invoice or manager's invoice; 2. Dispose of the solid waste at the disposal facilities under the account of the managing company; 3. Provide written notice to the customers of the proposed purchase agreement or pending management agreement; or 4. Discontinue service to any customers. [N.J.A.C. 7:26H-3.6(e)]
GENERAL UTILITY TARIFF REQUIREMENTS
Did solid waste collection and disposal utilities file tariffs with the Department on forms provided by the Department, and keep a copy of all tariffs open to public inspection on the premises of the utility or at the office of a designated agent? Did tariffs show the service area, standard terms and conditions, and all general privileges and franchises granted? Were the tariffs available during office hours, and produced on demand for any Department official, local government official or any person for examination during normal business hours? [N.J.A.C. 7:26H-4.2(a)]
GENERAL REQUIREMENTS CONCERNING UTILITY TRANSACTIONS, SALES, MERGERS, CONSOLIDATIONS
Did facility seeking approval from Department pursuant to the provisions of N.J.S.A. 48:3-7 for the following transactions do the following: 1. All notices of intent to enter into a transaction listed at N.J.S.A. 48:3-7 shall be in the form prescribed by N.J.A.C. 7:26H-2, to the extent applicable. 2. The solid waste collector shall file a notice of intent no later than 30 days prior to the anticipated date of closing of the transaction. [N.J.A.C. 7:26H-5.11(a)]
GENERAL ACCOUNTING REQUIREMENTS AND ANNUAL REPORTS
Does solid waste collection and disposal utility keep their accounts in accordance with the applicable Uniform System of Accounts for Solid Waste Disposal and Collection Utilities; and are the prescribed accounts and details kept as are necessary to reflect accurately and clearly the operations and financial condition of the utility concerned, with sufficient particularity to permit a ready and intelligent analysis by the Department; and such systems of account shall supersede and take the place and stead of all present effective systems of accounts for solid waste collection and disposal utilities? [N.J.A.C. 7:26I-1.1(a)]
Did each solid waste collection or disposal utility, privately or municipally owned or operated, file a report of its finances and operations with the Department, on the form to be furnished by the Department in accordance with the requirements of N.J.A.C. 7:26H-1.19? [N.J.A.C. 7:26I-1.1(c)]
Was an original of this report properly filled in and verified and be filed with the Department, on or before the date established by the Department each year? [N.J.A.C. 7:26I-2.1(a)2]
Does utility keep its books of account, and all other books, records, and memoranda which support the entries in such books of account so as to be able to furnish readily full information as to any item included in any account? Is each entry supported by such detailed information as will permit a ready identification, analysis, and verification of all facts relevant thereto? [N.J.A.C. 7:26I-3.2(a)]
Do the books and records referred to herein include not only accounting records in a limited technical sense, but all other records, such as minute books, stock books, reports, correspondence, memoranda, and so forth, which may be useful in developing the history of or facts regarding any transaction? [N.J.A.C. 7:26I-3.2(b)]
Did utility not destroy any such books or records unless the destruction thereof is permitted by rules of the Department? [N.J.A.C. 7:26I-3.2(c)]
Note: In addition to prescribed accounts, clearing accounts, temporary or experimental accounts, and subdivisions of any account, may be kept, provided the integrity of the prescribed accounts is not impaired. [N.J.A.C. 7:26I-3.2(d)]
Are all amounts included in the accounts prescribed herein for utility property and operating expenses just and reasonable and any payments or accruals by the utility in excess of just and reasonable charges included in account 426, Other Income Deductions? [N.J.A.C. 7:26I-3.2(e)]
SOLID WASTE COLLECTION UTILITY - GENERAL OPERATING REQUIREMENTS
Note: The solid waste collection utility shall have unencumbered access to any customer's container, utility container or other area from which solid waste is to be collected. If containers are located in an enclosed structure, said structure must allow for access. In the event that the structure prevents access, the collector shall return on the next regularly scheduled collection date. All containers and areas from which solid waste is to be collected shall be kept free from all hazards and potential hazards. During periods of inclement weather, containers are to be reasonably free from ice and snow. [N.J.A.C. 7:26H-4.4(a)1]
Was collection service provided according to the schedule contained in a the collector's tariff? [N.J.A.C. 7:26H-4.4(a)2]
Where more than one rate schedule was available to a particular customer, did the solid waste utility assist such customer in the selection of the rate schedule most favorable for their individual requirements and make every reasonable effort to ensure that such customer was served under the most advantageous schedule? Did utility include among the terms and conditions of its tariff the provision that it will assist customers in the selection of the rate schedule most favorable for their individual requirements? [N.J.A.C. 7:26H-4.4(a)3]
Did the collector include in tariff provisions for miscellaneous collection services, including collection of yard clippings, garden refuse, bulky household refuse and additional types of solid waste not provided for in the basic service? [N.J.A.C. 7:26H-4.4(a)4]
Did collector include in tariff requirement that solid waste potentially dangerous to health and liable to cause injury be packaged in a matter which limits the possibility of exposure and/or injury? [N.J.A.C. 7:26H-4.4(a)5]
Did collector not collect commingled loads of solid waste and designated source separated recyclable materials, except in those instances where a specific municipal exemption has been granted to the generator of those materials as provided by N.J.S.A. 13:1E-99.16(d)? [Each solid waste management district plan contains a definition of the district's designated recyclable materials.] Did collector not dispose of leaves in a manner different from that outlined in N.J.S.A. 13:1E-99.21? [N.J.A.C. 7:26H-4.4(a)6]
If the collector failed to pick up solid waste on a regularly scheduled day, and such failure was not caused by any act or omission of the customer, then did the collector make the pick up as soon as possible, but in no event later than the next regularly scheduled collection day? [N.J.A.C. 7:26H-4.4(a)7]
In the event of inclement weather when operation of a solid waste collection vehicle would have posed a threat to the safety of the public and/or the equipment and personnel of the collector, then were pick-ups made no later than the next regularly scheduled day? In cases where collection was scheduled on a one collection per week basis, was that collection made as soon as possible? [N.J.A.C. 7:26H-4.4(a)8]
Did collector who discontinues service to a customer give the customer at least 10 days' written notice of its intention to discontinue? If service is discontinued for nonpayment of bills, did collector give the customer at least seven days' written notice of its intention to discontinue? Did collector allow at least 10 days' time for payment after sending a bill and not serve notice of discontinuance until the expiration of the said 10 day period? [In the case of fraud, illegal use, or when it was clearly indicated that the customer was preparing to leave, immediate payment of accounts could be required.] [N.J.A.C. 7:26H-4.4(a)9]
Note: Residential customers who wish to discontinue or suspend service for periods of 30 days or more must give notice to the utility, by telephone or in writing, not less than seven days prior to the date they wish discontinuance of service and if applicable, indicate the date they wish service to resume. The utility is not obligated to credit a residential customer who fails to provide notice in the manner required herein. [N.J.A.C. 7:26H-4.4(a)10]
Note: A collector may terminate service to a customer for one of the acts or omissions listed below provided the collector complies with the notice provisions contained in subsection N.J.A.C. 7:26H-4.4(a)9: i. Non-payment of a valid bill at a present or previous location. Non-payment of bill for service to a commercial establishment shall not be cause for discontinuance of residential service; ii. Fraudulent representation in relation to use of service; iii. Customer moving from the premises unless the customer requests that the service be continued; iv. Providing a collector's service to others without the collector's approval; or v. Failure to make or increase an advance payment or deposit as provided for in the collector's tariff. [N.J.A.C. 7:26H-4.4(a)11]
Note: The collector shall have the right to refuse pick-up of waste for any of the following reasons: i. Waste is not placed in proper containers; ii. Waste is not placed at designated pick-up location; iii. Waste contains hazardous material (as defined in N.J.A.C. 7:26), or other matter is likely to cause injury to the public or the collector's personnel; iv. Waste is not placed out for collection on the scheduled day; v. Passage on the street or into the property is obstructed in any way by the operations to pave the street, by the digging of water or sewer lines or other type of construction. Pick up shall be provided on the next regularly scheduled collection day; vi. The collector is asked to move the collection vehicle by an authorized government official or a member of the local police or fire department because the customer, either residential, commercial or industrial, has not provided either adequate or legal parking for the collection of garbage, refuse or solid waste. Under these circumstances, the collector may leave and not be obligated to return until the next regularly scheduled collection day; vii. Containers exceed prescribed weight limits as prescribed in the collector's tariff; viii. Containers are over filled or overflowing; ix. The particular service and/or waste type is not included in the collector's tariff; or x. Solid waste is commingled with designated source separated recyclable material. [N.J.A.C. 7:26H-4.4(a)12]
Note: Collection services may be restored upon proper application when the conditions under which such service were discontinued are corrected, and upon the payment of all proper charges due from the customer as provided in the collector's tariff. [N.J.A.C. 7:26H-4.4(a)13]
Did collector billing service on a monthly or quarterly basis in advance send mail to the address indicated by the customer at the time service was requested, absent subsequent notice by the customer, and allow at least 10 days' time for payment after sending a bill? [N.J.A.C. 7:26H-4.4(b)1]
Did collector not using advanced billing allow 10 days' time for payment after sending bill with payment due in 30 days? Note: If payment had not been received after 10 days past the date the bill was payable, then the collector could discontinue service to the customer upon providing seven days written notice in accordance with N.J.A.C. 7:26H-4.4(a)10. [N.J.A.C. 7:26H-4.4(b)2]
Do collection bills include and list separately the following information: i. The date of the bill; ii. The time period for which the service is rendered; iii. The size and number of containers; iv. The frequency of service; v. The waste type; vi. The disposal facility and tariff rate applied, including: (1) The disposal component (actual weight for roll-off services); (2) The service component; (3) Special or additional charges, if applicable; and(4) If pursuant to a contract, the date and docket number of Department authorization. vii. A separate line item showing the surcharge applied, if any, pursuant to P.L. 1981, c.438, to fund county health department enforcement activities, N.J.S.A. 13:1E-9.1; viii. Separate line items showing the Solid Waste Service Tax, Resource Recovery Investment Tax and, if applicable, Solid Waste Importation Tax, N.J.S.A. 13:1E-136 et seq.; ix. A separate line item showing the Host Community Benefit surcharge, if any; x. Separate line items showing the Sanitary Landfill Closure and Contingency Fund Tax, N.J.S.A. 13:1E-100 et seq.; and xi. The total charge for the service. [N.J.A.C. 7:26H-4.4(b)3]
Note: Residential rates are based on an annual service charge. No credit shall be extended to the customer or deduction allowed should the collector fail to make a collection for reasons outside the collector's control, or should the customer not provide refuse, garbage or solid waste for collection except as allowed in N.J.A.C. 7:26H-4.4(a)11. [N.J.A.C. 7:26H-4.4(b)4]
Note: No customer shall be required to pay, reward or to give any gratuity to receive the waste collection service to which the customer is entitled by contract or regulation. [N.J.A.C. 7:26H-4.4(b)6]
Note: The collector may require from institutional, commercial and industrial customers a written acknowledgment of services rendered (receipt). Such receipt will be provided by the collector and may state the date, time of arrival, time of departure, amount of refuse removed as well as other information reasonably necessary for account billing. The collector shall provide a copy of the receipt to the customer. [N.J.A.C. 7:26H-4.4(b)7]
Did solid waste collection utility not execute a mortgage without prior authorization of the Department? Was petition for authority to execute mortgage filed in accordance with N.J.A.C. 7:26H-3.5 (Petitions for authority to issue stocks, bonds, notes, other evidence or indebtedness or to execute mortgages)? Note: Filings will be reviewed by the Department in accordance with the procedures set forth at N.J.A.C. 7:26H-5.11. [N.J.A.C. 7:26H-1.16(d)]
Did solid waste collection utility not sell, lease, or otherwise dispose of its property, including customer lists, without the prior authorization of the Department? Was filing for authority in accordance with N.J.A.C. 7:26H-3.2 (Petitions for the approval of the sale or lease of property) and 3.3 (Petitions for authority to transfer capital stock)? Note: Filings will be reviewed by the Department in accordance with the procedures set forth at N.J.A.C. 7:26H-5.11. [N.J.A.C. 7:26H-1.16(c)]
Did solid waste collection utility not merge or consolidate its property, including customer lists, with that of any other person of business concern, whether or not that person or business concern is engaged in the business of solid waste collection or solid waste disposal without prior approval of the Department? Was filing made in accordance with N.J.A.C. 7:26H-3.4 (Petitions for approval of a merger or consolidation). Filings will be reviewed by the Department in accordance with the procedures set forth at N.J.A.C. 7:26H-5.11? [N.J.A.C. 7:26H-1.17(b)]
COLLECTION UTILITY FEES
Does solid waste collector pay annual fee of $100.00 within 30 days from the date of the invoice issued by the Department? [N.J.A.C. 7:26H-5.6(a)]
RATE AND RATE ADJUSTMENT REQUIREMENTS FOR COLLECTION UTILITIES
Does solid waste collector not charge or receive rates or charges for solid waste collection service which are greater than or less than rates or charges that would result from effective competition? [N.J.A.C. 7:26H-5.4(a)]
Before a solid waste collector may implemented a rate adjustment, was every customer affected given 10 days prior written notice which included the following: i. The date on which the adjustment become effective; ii. The amount of the new rates and charges; and iii. A statement that customers have the right at any time, unless contractually obligated by a service agreement, to choose an alternate solid waste collector and that collection services are available to customers on a competitive basis. [N.J.A.C. 7:26H-5.7(a)4]
COLLECTION UTILITY - REQUIREMENTS REGARDING CUSTOMER CONTRACTS/AGREEMENTS
In every instance where a solid waste collector entered into a contract or agreement with a customer or government entity for the provision of collection services, did solid waste collector file with the Department, Division of Solid and Hazardous Waste, two copies of the proposed contract? [N.J.A.C. 7:26H-5.7(b)1]
Do all contracts for residential service entered into pursuant to this subsection contain a provision which permits the party contracting to receive collection services to terminate such contract upon 30 days written notice? [N.J.A.C. 7:26H-5.7(b)2]
Note: In the event a solid waste collector contracts with a municipal governing body, as defined by N.J.S.A. 40A:11-2(2)(b), for the provision of municipal solid waste collection services, which contract must be publicly bid pursuant to N.J.S.A. 40A:11-4, such contract is not subject to the provisions of N.J.A.C. 7:26H-5.7(e)2 and 3. [N.J.A.C. 7:26H-5.7(b)3]
If a solid waste collector enters into a contract or agreement with a municipal governing body for municipal solid waste collection service in a territory in which the successful bidder is currently tariffed to provide service, did the successful bidder file Uniform Tariff Sheet(s) within 21 days of the award of the contract which state that "Provision of service for the municipality of (collector to provide the name of municipality) is authorized by operation of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., as outlined in the contract on file with the New Jersey Department of Environmental Protection, Division of Solid and Hazardous Waste, CN 414, Trenton, New Jersey 08625-0414?" [N.J.A.C. 7:26H-5.7(b)3i]
Did solid waste collector entering into a contract or agreement with a municipal governing body for municipal solid waste collection service in an expanded service area file, within 21 days of the award of the contract, the initial Uniform Tariff Sheet(s) for that expanded service area only which states that "Provision of service in this County for the municipality of (collector to provide the name of the municipality) is authorized by operation of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., as outlined in the contract on file with the New Jersey Department of Environmental Protection, Division of Solid and Hazardous Waste, CN 414, Trenton, New Jersey 08625-0414?" Did the solid waste collector file two copies of the contract with the Department? [N.J.A.C. 7:26H-5.7(b)3ii]
SOLID WASTE COLLECTION UTILITY - RECORDS REQUIREMENTS (ANNUAL REPORTS/CUSTOMER LISTS/UNIFORM TARIFF)
Are all books, records, accounts, documents and other writings relating to the business of solid waste collection, including accident reports, annual reports and customer lists, created and maintained in accordance with the requirements of N.J.A.C. 7:26H-1.20? [N.J.A.C. 7:26H-5.9(a)]
Did utility engaged in solid waste collection prepare and submit, on or before the date established by the Department each year, an annual report in accordance with the requirements of N.J.A.C. 7:26H-1.19? [N.J.A.C. 7:26H-5.9(b)]
Did utility engaged in solid waste collection file and maintain customer lists in accordance with the following: 1. Every solid waste collector shall prepare and submit annually on or before the date established by the Department, a complete list, made under oath, of all residential, commercial, industrial and institutional customers. i. The list of residential customers shall be subdivided by municipality. Within each municipality, the customers shall be sequentially numbered and set forth in numerical order by street address and the streets set forth in alphabetical order. The list shall include each customer's complete name and service address and billing address, if different than the service address, as of December 31, of the preceding year. ii. The list of commercial, industrial or institutional customers shall be set forth as in (c)1i above and, in addition, shall include for each customer the rate schedule(s) applied, frequency and type of service supplied, and number of containers and the size of each. iii. Utilities who did not provide solid waste collection service to any customer in New Jersey during the preceding year or who provided only solid waste collection of transportation service to customers outside the State of New Jersey should report the type of activity performed and state that they provided no solid waste collection or transportation service to any customer in New Jersey. iv. Utilities who provide service on an "on-call" basis shall provide a list of those customers who have been provided on-call service more than one time during the preceding year, even though the service locations may vary in the preceding year. [N.J.A.C. 7:26H-5.9(c)]
Did solid waste collector required to submit an customer list pursuant to N.J.A.C. 7:26H-5.9(c)1i through iv submit an update of its customer list on a quarterly basis and did update contain the exact number of all residential, commercial, industrial and institutional customers serviced by the collector during the preceding quarter? [N.J.A.C. 7:26H-5.9(c)2i]
Did solid waste collector required to submit an customer list pursuant to N.J.A.C. 7:26H-5.9(c)1i through iv submit an update of its customer list on a quarterly basis and did update contain for each class of customer, including on-call roll-off customers, the type of collection service supplied and the geographic area? [N.J.A.C. 7:26H-5.9(c)2ii]
Did solid waste collector required to submit an customer list pursuant to N.J.A.C. 7:26H-5.9(c)1i through iv submit an update of its customer list on a quarterly basis and did update contain the not if a change occurred in the total number of residential, commercial, industrial, or institutional customers serviced in the preceding quarter, then did collector provide the Department with a list of every customer by type of collection service and service area that was added to or dropped from the solid waste collector's customer list during the preceding quarter? [N.J.A.C. 7:26H-5.9(c)2iii]
If the utility reporting in accordance with N.J.A.C. 7:26H-5.9(c)1iii becomes active and provides solid waste collection or transportation service to customers, then did the utility report the exact number of all residential, commercial, industrial and institutional customers serviced by the utility and for each customer, including on-call, roll-off customers, set forth the name and service address and the billing address, if different from the service address, the service area and the type of collection service provided during the previous quarter? [N.J.A.C. 7:26H-5.9(c)2iv]
Does solid waste collector submit quarterly updates to the following address within 20 days of the end of each calendar quarter: New Jersey Department of Environmental Protection, Division of Solid and Hazardous Waste, CN 414, Trenton, New Jersey 08625-0414? [N.J.A.C. 7:26H-5.9(c)2v]
Note: Pursuant to NJ.S.A. 47:1A-2 of the Right to Know Law, N.J.S.A. 47:1A-1 et seq., all customer lists required to be filed with the Department pursuant to this section shall not be deemed to be public records and the public, including solid waste or other utilities, shall not have the right to inspect, copy or obtain a copy of same. Upon receipt of customer lists and customer list updates, the Department shall keep the lists in a secured storage facility and take appropriate measures to maintain the lists in confidence. Access to such lists shall be limited to agents, employees and attorneys of the Department and, in the discretion of the Department, other governmental enforcement agencies with a legitimate need to know, to local health agencies certified by the Department pursuant to N.J.S.A. 26:3a-2, or local boards of health responsible for enforcement of laws related to the collection and disposal of solid waste. All such governmental agencies shall be subject to the confidentiality requirements contained in this paragraph. In order to obtain a customer list, a certified local health agency or local board of health shall submit a written request for release of a customer list if the Department determines for any reason that granting the request would not be in the public interest. [N.J.A.C. 7:26H-5.9(c)4]
Did solid waste collector file and maintain, in the form prescribed by N.J.A.C. 7:26H-4, a uniform tariff and file all adjustments to its uniform tariff in accordance with the requirements of 7:26H-4.6 and 4.7? Upon expiration of the transition period, did solid waste collector update the information provided in its uniform tariff on a quarterly basis, in accordance with the following: 1. For each service area where the collector provides service, the solid waste collector shall keep a record of all modifications to its approved tariff including all extensions of service area, expansions to provide new or additional types of solid waste collection service, adjustments to the rates and charges received, and discontinuance of service. 2. The records shall be compiled into a quarterly summary. The summary shall contain the range (low to high) of rates and charges applied by service category, in each service area. The quarterly summary shall be submitted to the following address within 20 days of the end of each calendar quarter. [N.J.A.C. 7:26H-5.9(d)]
SOLID WASTE COLLECTION UTILITY - CUSTOMER BILL OF RIGHTS
At least once each year, did solid waste collector notify its customers that solid waste collection services in this State are available on a competitive basis and include with that notice a copy of a customer bill of rights? [N.J.A.C. 7:26H-5.12(b)]
Did customer bill of rights include all information found at N.J.A.C 7:26H-5.12(c)1-17? [N.J.A.C. 7:26H-5.12(c)]
Did solid waste collector certify to the Department that each customer was provided with a customer bill of rights as required pursuant to N.J.A.C. 7:26H-5.12(a) and did certification include the following statement: "I certify under penalty of law that I have notified each of my customers at least once this year that solid waste collection services in this State are available on a competitive basis as provided in the customer bill of rights and that I have provided each of my customers with a copy of the customer bill of rights in the form set forth at N.J.A.C. 7:26H-5.12(b). I am aware that there are penalties for failing to comply with the provisions of these regulations, including the possibility of fine and imprisonment. I understand that, in addition to criminal penalties, I will be responsible for penalties as set forth at N.J.S.A. 48:13A-12 and that violating any provision of these regulations may be grounds for suspension or revocation of any certificate of public convenience and necessity for which I may now hold. [N.J.A.C. 7:26H-5.12(d)]
SPECIFIC REQUIREMENTS FOR COLLECTION UTILITIES WHO ENTER INTO MUNICIPAL SOLID WASTE COLLECTION CONTRACTS
Did the successful bidder file two copies of the executed contract with the Bureau of Solid Waste Regulation, Division of Solid and Hazardous Waste in accordance with the requirements of N.J.A.C. 7:26H-5.7(b)3? [N.J.A.C. 7:26H-6.11]
Does the contractor maintain telephone service attended by an employee of the contractor during scheduled hours of collection, on all collection days and is contractor's telephone number in service prior to the commencement of service and did the contracting unit publish the number in the same manner it publishes the telephone numbers of all providers of governmental services? [N.J.A.C. 7:26H-6.15(a)]
Did contractor promptly and properly attend to all complaints of residents and all notices, directives and orders of the contract administrator within 24 hours of the receipt of same? Did contractor keep a record of complaints and the date and time of the responses to such complaints, as well any action taken and was a written summary of all complaints and responses provided to the contract administrator each month? [N.J.A.C. 7:26H-6.15(b)]
Did contractor ensure that no agent or employee solicits or is permitted to receive gratuities of any kind for any of the work or services provided in connection with the contract? [N.J.A.C. 7:26H-6.15(c)]
Are all collection vehicles of compaction type, completely enclosed and watertight? Note: Subject to the prior approval of the contract administrator, the contractor may employ equipment other than compaction type vehicles on streets whose width precludes the use of such vehicles. The contractor shall specify whether the vehicles are side, from or rear loading. [N.J.A.C. 7:26H-6.15(d)]
Does the contractor maintain all collection vehicles in good working order and ensure that no collection vehicle is used in such a manner that littering and spillage of solid waste occurs? Note: The contract administrator may inspect the contractor's collection vehicles during the term of the contract to ensure that the collection vehicles are being operated and maintained in accordance with the requirements of this subsection. The contractor shall comply with all reasonable requests to inspect collection vehicles and shall comply with the contract administrator's requests relative to the maintenance, cleanliness and repair of the collection vehicles. Failure to respond to reasonable requests to inspect shall constitute a breach of contract and may result in termination of the contract. Upon contractor's failure to respond to reasonable requests regarding maintenance, cleanliness and repair of a collection vehicle, the contract administrator shall have the right to order the non-conforming collection vehicle out of service. In such event, the contractor shall provide, at its sole cost and expense, a conforming vehicle. [N.J.A.C. 7:26H-6.15(e)]
Did contractor awarded a contract purchase and maintain during the life of the contract, comprehensive general and contractual liability insurance, comprehensive automobile liability insurance and worker's compensation insurance with required limits? [N.J.A.C. 7:26H-6.17(a)]