NJDEP-Compliance & Enforcement

Compliance Assistance Resources - Solid Waste Checklists

General Solid Waste Utility Requirements (SW33)
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 DISPOSAL UTILITY - GENERAL OPERATING REQUIREMENTS
Does the disposal utility operate according to the schedule contained in its permits and approved tariff? Are all hours and rates publicly posted? Notes: 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. [N.J.A.C. 7:26H-4.7(a)1]
Note: 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. [N.J.A.C. 7:26H-4.7(a)2]
Upon arrival at the facility, does each vehicle report as required to the scalehouse? Upon departure, unless otherwise provided for, do all vehicles 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, are charges for waste disposal calculated on a cubic yard basis as prescribed in the facility's approved tariff? [N.J.A.C. 7:26H-4.7(a)3]
Does disposal facility establish and maintain records in accordance with N.J.A.C. 7:26H-1.20 and N.J.A.C. 7:26-2.13? [N.J.A.C. 7:26H-4.7(a)4]
Is each vehicle entering facility constructed, maintained, loaded and operated so as not to cause any spillage, excessive noise or other problems of any sort and is it capable of discharging its cargo quickly and expeditiously? Note: 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. [N.J.A.C. 7:26H-4.7(a)5]
Does the disposal utility only accept only identifiable and acceptable solid waste in accordance with its certificate and permit, and all other applicable rules and regulations? Notes: 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. [N.J.A.C. 7:26H-4.7(a)6]
Note: 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. [N.J.A.C. 7:26H-4.7(a)7]
Note: 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. [N.J.A.C. 7:26H-4.7(a)8]
Are all vehicles using the access roads to and on the site insured and do operators and owners carry proof of the same? [N.J.A.C. 7:26H-4.7(a)9]
If disposal facility permitted private non-commercial vehicles with a gross weight of 5,000 pounds or less to make use of a convenience center established on its property, then were wastes placed in the containers made available? Was scavenging not permitted and was non-commercial user found engaging in same denied access to the facility or required to comply with the provisions of N.J.A.C. 7:26H-4.7(a)2? [N.J.A.C. 7:26H-4.7(a)10]
Note: 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. [N.J.A.C. 7:26H-4.7(a)11]
Does solid waste disposal facility conduct billing 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. [N.J.A.C. 7:26H-4.7(b)1]
Are all bills and invoices sent out on a monthly or bimonthly basis, with payment due in 30 days? Are all payments received no later than 10 days from the due date specified in the bill or invoice? Did facility refuse admittance to a customer who failed to submit payment only after providing seven days written notice? Do all bills and invoices for disposal include the following information and 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, pursuant to P.L. 1981, c.438, 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, N.J.S.A. 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. [N.J.A.C. 7:26H-4.7(b)2]
Note: 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. [N.J.A.C. 7:26H-4.7(b)3]
Did disposal facility not assess a late payment charge on an unpaid bill unless such charge was provided for in the disposal facility's applicable rate schedule approved by the Department? Note: A late payment charge will be approved if it is applicable to payments made more than 45 days past due. [N.J.A.C. 7:26H-4.7(b)4]
Did disposal facility requiring its customers to establish and maintain advance payment accounts do so in accordance with N.J.A.C. 7:26H-4.7(c)1i,ii,iii,iv,v? [N.J.A.C. 7:26H-4.7(c)1]
Note: 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 N.J.A.C. 7:26H-4.7(b)2 and listing all payment demands made on the letter of credit account. [N.J.A.C. 7:26H-4.7(c)1i]
Note: 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: 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 N.J.A.C. 7:26H-4.7(b)2 and listing all debits to the customer's account. The bank shall issue interest checks in the customer's name on a yearly basis. [N.J.A.C. 7:26H-4.7(c)1ii]
Note: 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: 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 N.J.A.C. 7:26H-4.7(b)2 and listing all debits to the customer's cash deposit. [N.J.A.C. 7:26H-4.7(c)1iii]
Note: 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: iv. The facility may establish alternate advanced payment billing arrangements subject to Department approval. [N.J.A.C. 7:26H-4.7(c)1iv]
Note: 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: 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. [N.J.A.C. 7:26H-4.7(c)1v]
Note: The facility may establish, through rules and regulations, procedures by which a customer may open and utilize a charge account. [N.J.A.C. 7:26H-4.7(c)2]
Note: 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. [N.J.A.C. 7:26H-4.7(c)3]
Note: 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.A.C. 7:26H-4.7(c)4]
Did solid waste disposal utility not discontinue service to any customer without first filing a petition with the Department, and did petition give the reasons for such discontinuance? Note: Such proposed discontinuance does not become effective until approved by the Department. [N.J.A.C. 7:26H-1.14(d)]
Where service to a customer was interrupted and it appeared that the interruption would continue for more than one day or one pick up, was a report made to the Board forthwith giving a full account and statement of the reasons for such interruption and the estimated duration? [N.J.A.C. 7:26H-1.14(e)]
Was there no sale or transfer of assets of a solid waste disposal utility or change in majority control of such disposal utility without prior authorization of the Department? Was filing for authority made 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)? [N.J.A.C. 7:26H-1.16(a)]
Did solid waste disposal utility not issue any stocks, bonds, notes or other evidence of indebtedness or issue a mortgage without prior authorization of the Department? Was petition for authority to issue stocks, bonds, notes, other evidence of indebtedness or to execute mortgages 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)? [N.J.A.C. 7:26H-1.16(b)]
Was solid waste disposal utility not consolidated or merged with another solid waste disposal or solid waste collection utility or dissolved 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)? [N.J.A.C. 7:26H-1.17(a)]
RATE ADJUSTMENT REQUIREMENTS FOR DISPOSAL UTILITIES
Were disposal cost adjustments made as follows: 1. Before a solid waste disposal facility may implement an initial rate or revised rate, whether interim or final, granted by order of the Department, such solid waste disposal facility shall give at least 14 days written notice of such initial or revised rate to all solid waste collectors authorized to use such solid waste disposal facility. Said notice shall be mailed to each collector and posted at the facility. The 14 day written notice requirement described above shall not apply to rate adjustments for Type 13C waste implemented during the effective period of these rules. The solid waste disposal facility shall post, in a conspicuous place at the facility the rates applicable to Type 13C waste. [N.J.A.C. 7:26H-5.7(a)1]
DISPOSAL UTILITY - ANNUAL REPORT 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 issued 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]
DISPOSAL UTILITY PETITION REQUIREMENTS
Did solid waste disposal utility not act to cause a change in depreciation rates established in accordance with N.J.S.A. 48:2-18 without prior written approval of the Department? [N.J.A.C. 7:26H-3.7(a)]
Did tariff filing conform to the provisions of N.J.A.C. 7:26H-2 and provide the following information: 1. Four copies of the proposed tariff or revision, change or alteration thereof, together with an explanation of the manner in which the tariff or change differs from the existing or a prior tariff, and the effect, if any, upon revenue; 2. A statement of the reasons why the tariff or change is proposed to be filed; 3. A copy of the text of each of said notices; 4. A statement as to the date on which it is proposed to make the tariff or change effective, which date shall not be earlier than 30 days after the filing unless otherwise permitted by the Department; and 5. In the case of initial tariffs, pro forma income statements for each of the first two years of operations and actual or estimated balance sheets as at the beginning and the end of each year of said two-year period. Note: This tariff filing is for the purpose of making effective initial tariffs or revisions, changes or alterations to the standard terms and conditions of existing tariffs with no proposed increases in charges to customers. This tariff filing can not be because of the need for additional revenue from services covered by existing tariffs. [N.J.A.C. 7:26H-3.10(a)]
Note: Tariff filings which propose adjustments in solid waste disposal utility rates only, and which do not increase the rates above the established peak rate, do not require prior Department approval, and are not subject to the requirements of N.J.A.C. 7:26H-3.10(a)1 through 5, or N.J.A.C. 7:26H-3.11. [N.J.A.C. 7:26H-3.10(b)]
Did solid waste disposal utility requiring adjustment in rates below the peak rate notify the Department in writing of the change within three days of the effective date of the change? [N.J.A.C. 7:26H-3.10(b)1]
Did facility file within three days following effective date any charges in disposal contracts that were not above the facility's peak tariff rates? [N.J.A.C. 7:26H-3.10(c)]
Did solid waste disposal utility that makes a filing under N.J.A.C. 7:26H-3.10(a) serve at least 20 days notice of hearing time and place to those persons specified in N.J.A.C. 7:26H-3.10(b)1 and 2; and give such notice to those persons designated in N.J.A.C. 7:26H-3.10(b)3 as current customers billed on a recurring basis, by bill insert or by publication 20 days prior to the date set for hearing, in newspapers published and circulated in the solid waste disposal utility's service area? [N.J.A.C. 7:26H-3.11(c)]
Did public utility pay assessment prescribed by N.J.S.A. 48:2-60 within 30 days of receiving mailing and was payment sent using registered mail and accompained by a statement of the amount? On or before June 1 did public utility file with the Board of Public Utility Commissioners, under oath, a statement showing its gross operating revenues derived from intrastate operations during the preceding calendar year? [N.J.S.A. 48:2.62]