N.J. Admin. Code § 7:26-3.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:26-3.2 - Registration

(a) No person shall engage or continue to engage in the transportation of solid waste in this State without first obtaining an approved registration statement from the Department. The registration period shall be biennial, unless otherwise established by the Department, and shall run from July 1 through June 30 of each odd numbered year. Annual registration shall continue through the registration period of calendar year 2002. Therefore, in accordance with this subsection, the odd numbered year for biennial registration shall begin the year 2003. For solid waste collection and disposal vehicles operated by a public entity, the registration period shall be five years commencing July 1, 2001. An approved registration statement shall expire at the end of the registration period unless renewed pursuant to (d) below.

1. No person shall act as a prime contractor or subcontractor for the transportation of solid waste in this State without first obtaining an approved registration statement from the Department.

i. For the purposes of this subchapter, a "prime contractor" means any person who enters into an oral or written agreement with a generator to store, collect, process, transfer, treat, or dispose of solid waste in this State through the use, control or possession of any solid waste transport unit.

ii. For the purposes of this subchapter, a "subcontractor" means any person who engages in the storage, collection, processing, transfer, treatment, or disposal of solid waste in this State through the use, control or possession of any solid waste vehicle, pursuant to an oral or written agreement entered into with a prime contractor for the performance of all or part of the prime contract. A lease, pursuant to this subchapter, of solid waste vehicle operators and/or equipment to a permittee, licensee, or exempt transporter, shall not, for purposes of this subchapter, be considered a subcontract.

2. Any device used for transportation of solid waste shall be registered with the Department as either a solid waste cab, trailer, container, or single-unit vehicle.

3. The registration statement shall be signed by the person engaged in or desiring to engage in the transportation of solid waste, shall be executed on forms prescribed by and furnished by the Department and shall state such information necessary and proper to the enforcement of this subchapter, as the Department may require.

4. A registrant shall not allow, through a subcontract or any other means, any such registered equipment to be used by another person, unless such person is an employee of the applicant or registrant, or unless such use is in accordance with a lease of vehicle operators pursuant to this subchapter.

5. A person who has not obtained an approved registration statement shall not, through a subcontract or any other means, engage or contract to engage in the transportation, storage, collection, processing, transfer, treatment, or disposal of solid waste in this State through the use, control or possession of any solid waste vehicle, registered to any other person, or through any other means. The leasing of solid waste vehicle operators and/or equipment to a permittee, licensee, or exempt transporter, pursuant to this subchapter, shall not be deemed engaging or contracting to engage in said solid waste activities.

6. In addition to obtaining an approved registration statement from the Department, the person engaged in or desiring to engage in the transportation of solid waste shall comply with all of the rules and regulations of the New Jersey Motor Vehicle Commission. No person shall engage or continue to engage in the transportation of solid waste in this State without first obtaining an approved registration statement from the Department. The leasing of solid waste vehicle operators and/or equipment to a permittee, licensee, or exempt transporter, pursuant to this subchapter, shall not be deemed engaging or contracting to engage in said solid waste activities.

(b) After July 2, 1984, any person who files an application for approval of a registration statement shall submit with the application the disclosure statement described in N.J.A.C. 7:26-16.4. The requirement of a disclosure statement shall not apply to any person specifically exempted under N.J.A.C. 7:26-16.3(d) and/or 16.6(k), but shall apply in the case of a licensee or permittee which must file a disclosure statement for any lessor which holds a beneficial interest in the licensee or permittee pursuant to N.J.A.C. 7:26-16.6(i) or (j).

(c) No person shall engage in the transportation of solid waste in this State if such an operation does not meet the transporter requirements listed in this subchapter. In addition, the transporter shall comply with any other conditions or limitations which may be specified on the approved registration.

1. New Jersey Department of Environmental Protection (N.J.D.E.P.) solid waste transporter registration certificates and decals shall be void if altered. Departmental representatives shall confiscate altered or stolen solid waste transporter registration certificates and decals upon discovery.

(d) Prior to May 1 of each registration period, each registrant, shall submit to the Department a registration statement updating the information contained in the previous registration statement. This update shall be on forms furnished by the Department. In no case shall the submission of an updated registration statement alter the conditions under which the approved registration was granted.

(e) A registrant shall notify the Department in writing within 30 days of any change in the information supplied on its current registration statement, or on any leases submitted for registered solid waste vehicles, or on any documentation of leased operators of equipment submitted pursuant to (j) below.

(f) The failure to submit an updated registration statement and all applicable fees (see N.J.A.C. 7:26-4) on or before May 1 in each registration period or such other date as the Department may establish or the failure to submit an updated disclosure statement pursuant to N.J.A.C. 7:26-16 and all applicable fees on or before March 1 of each calendar year, shall be sufficient cause for the Department to revoke the approved registration of a solid waste transporter or to declare it expired.

1. The Department shall withhold the registration certificates and solid waste decals of any registrant who fails to submit the updated registration statement, the updated disclosure statement and the applicable fees (see N.J.A.C. 7:26-4 and 16) in accordance with (f) above. Any registrant who receives a notice of intent to revoke or declare an approved registration expired shall have 15 days from receipt of the notice to submit to the Department a request for a hearing pursuant to N.J.A.C. 7:26-5.3.

2. No person shall engage in or continue to engage in the transportation of solid waste during the period when a solid waste decal and registration certificate are withheld pursuant to this subsection.

(g) No person shall be issued an approved registration if that person is disqualified for any of the reasons set forth in N.J.A.C. 7:26-16.8.

(h) All solid waste vehicles, registered with the Department for the transportation of solid waste, must be owned or leased by the applicant, and, if leased, a copy of the lease, along with a copy of the Motor Vehicles Registration card, shall be supplied when filing the registration statement.

(i) A permittee, licensee or exempt transporter who, files a lease in connection with the registration statement for a solid waste vehicle, which the permittee, licensee or exempt transporter will operate, shall ensure that such lease is signed and dated by the parties thereto, provides for the exclusive use, control and possession of such equipment by the permittee, licensee, or exempt transporter during the lease and also includes:

1. The dates on which the lease begins and ends, during which the permittee, licensee, or exempt transporter will have exclusive use, possession and control over the equipment;

2. The amount and method of payment for the lease;

3. The company or person responsible for payment of gas, oil, maintenance and insurance for the equipment;

4. The company or person responsible for payment of any tipping fees;

5. Identification of the equipment by vehicle identification number (VIN) as it appears on the Motor Vehicles Registration card, license plate number, state which issued license plate and vehicle type;

6. A provision that the lease shall not be assigned to any person; and

7. The lease shall be submitted along with an affidavit or certification by the president, chief executive officer, managing partner or sole proprietor or other appropriate officer or key employee of the permittee or licensee for whom a disclosure statement has been filed in accordance with N.J.A.C. 7:26-16.4(a)10, or if an exempt transporter, by the president, chief executive officer, managing partner or sole proprietor, or other appropriate officer or official, or key employee of the exempt transporter. The following statement shall immediately precede the signature of the affiant or certifier:

1. "I swear (or certify) that I am the ...... (title) of ...... (name of licensee, permittee, or exempt transporter) and am authorized to make this certification/affidavit on behalf of ...... (name of licensee, permittee, or exempt transporter), and that I have personal knowledge of the facts set forth below.

2. The lease filed by me as part of this registration statement for the equipment, vehicle type: ......., with the VIN number: ......., license number: ......., issued by the State of: ......., contains the true terms of the lease and has a bonafide business purpose and is not filed with the purpose of preventing the discovery of information which would disqualify, for any reason set forth in N.J.S.A. 13:1E-133, the lessor or any other person from receiving a license.

3. I further swear (or certify) that my company and I understand that it must exercise exclusive use, possession and control over each piece of solid waste equipment which is included in this application for a registration statement while such equipment is used to transport solid waste.

4. I further swear (or certify) that my company and I understand that it must take reasonable measures to ensure that the above-described equipment will not, during the period of the lease, be used by any other person for the purpose of transporting solid waste."

In the case of a certification, the certification shall end with the following statement immediately preceding the signature and date: "I am aware that if any of the foregoing information or statement is willfully false, I am subject to punishment."

(j) In addition to the requirements of (i) above, when a permittee, licensee, or exempt transporter files a lease in connection with an application for a registration statement for a solid waste vehicle, the lease shall provide that the leased equipment is or will be under the exclusive management, direction, and control of the permittee, licensee, or exempt transporter while being used to conduct solid waste activities for the licensee, permittee, or exempt transporter. This subsection is in no way intended to affect whether the operator or operators of solid waste vehicles leased to a permittee, licensee, or exempt transporter are or should be deemed to be employees of the permittee, licensee, or exempt transporter.

(k) In all situations in which the Department issues decals to a permittee, licensee, or exempt transporter for affixation to the solid waste vehicle(s) of a lessor from which the permittee, licensee, or exempt transporter is leasing solid waste vehicles, the permittee, licensee, or exempt transporter to which the lessor has leased solid waste vehicles, and the lessor itself, are under independent obligations to notify the Department, return the NJDEP registration certificate to the Department, and remove and destroy the NJDEP registration number and decals from the solid waste vehicles of the lessor at the expiration and non-renewal of the lease pursuant to which the decals were issued. Such decals, after the expiration and non-renewal of the lease pursuant to which the decals were issued or at the expiration of the decals (whichever comes first), shall be deemed expired. When used for solid waste transportation purposes, such vehicles may only be used pursuant to the lease, and in compliance with all requirements of this subchapter.

1. Failure to remove and destroy such decals and registration numbers after the expiration and non-renewal of the lease shall constitute a violation of this subchapter, and shall subject both the lessor and the permittee, licensee, or exempt transporter to penalties and licensing action. It shall be an affirmative defense to a penalty proceeding or licensing action for a permittee, licensee or exempt transporter if it can show that it made reasonable efforts to remove and destroy the decal and gave the Department timely written notice of its inability to remove and destroy the decal.

2. All expired decals and registration numbers shall be confiscated by the Department upon discovery.

3. Use of decaled vehicles by a lessor receiving decals for its vehicles pursuant to a lease, for the transportation of solid waste within, or into or out of New Jersey other than pursuant to a lease with a permittee, licensee, or exempt transporter, and in conformity with (j) above, shall constitute unlicensed hauling, and shall subject the lessor to penalties and debarment from involvement in the solid and hazardous waste and recycling industry in the State of New Jersey, including a prohibition on leasing solid or hazardous waste vehicles or solid or hazardous waste operators to permittees, licensees, and exempt transporters.

(l) Permittees, licensees and exempt transporters shall, for purposes of solid waste activities and to the extent provided for under New Jersey law, be responsible for the actions and omissions of their lessors and their vehicle operators, and for selecting lessors and vehicle operators with appropriate qualifications; and the fact that the underlying relationship between a permittee, licensee or exempt transporter, and a lessor and/or vehicle operators was other than that of employer-employee shall be no defense in a licensing or enforcement action taken against the permittee, licensee, or exempt transporter because of the actions, omissions, or lack of qualifications of the lessor or vehicle operator.

(m) The Department, after notice and opportunity for hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, may revoke the registration of a solid waste transporter for the following:

1. Any of the disqualifying reasons set forth in N.J.A.C. 7:26-16.8 and 16.9;

2. Violation of any applicable provision of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq. the Solid Waste Utility Control Act, N.J.S.A. 48:13A-1 et seq., this chapter, any administrative order issued by the Department, or any environmental protection statute of this State; or

3. A pattern of violations of the environmental protection statutes or regulations of this or any other State or of the United States.

N.J. Admin. Code § 7:26-3.2

As amended, R.1980 d.250, effective 6/9/1980.
See: 12 N.J.R. 70(b), 12 N.J.R. 391(d).
As amended, R.1981 d.49, effective 2/6/1981.
See: 13 N.J.R. 129(a).
(d): Amend "February 1" to "March 15."
As amended, R.1984 d.279, effective 7/2/1984.
See: 16 N.J.R. 986(a), 16 N.J.R. 1766(a).
(a): references to the Bureau deleted.
New (b) added, former (b)-(e) made (c)-(f). In (c), "without first obtaining" was "without having"; in (e), May 1 was March 15, "initial registration" was "implementation", hazardous waste haulers excepted from May 1 updating and required to file by October 1.
(g) and (h) added.
Amended by R.1985 d.558, effective 11/4/1985.
See: 17 N.J.R. 1041(a), 17 N.J.R. 2609(a).
Text "or hazardous" deleted.
Amended by R.1987 d.535, effective 12/21/1987.
See: 19 N.J.R. 1610(a), 19 N.J.R. 2434(a).
Added registrant and its operators to subsection (d).
Amended by R.1989 d.216, effective 4/17/1989.
See: 20 N.J.R. 2668(a), 21 N.J.R. 1002(b).
New (h) added requiring all applicants to own or lease a vehicle being registered and if leased a copy of the lease must be supplied.
Amended by R.1996 d.500, effective 10/21/1996.
See: 28 N.J.R. 1693(a), 28 N.J.R. 4606(a).
Amended by R.1996 d.578, effective 12/16/1996.
See: 28 N.J.R. 2114(a), 28 N.J.R. 5248(a).
Substantially amended section.
Amended by R.2000 d.75, effective 2/22/2000.
See: 31 N.J.R. 1429(a), 32 N.J.R. 693(a).
Rewrote the section.
Amended by R.2002 d.181, effective 6/17/2002.
See: 33 N.J.R. 4218(a), 34 N.J.R. 2049(a).
Rewrote (a); in (b), inserted "and/or 16.6(k)" following the N.J.A.C. reference; in (d), rewrote the first sentence; in (e), (h), (i) and (j), deleted references to cabs, trailers, containers and single-unit vehicle transport units; rewrote (f).

Administrative Change, 55 N.J.R. 1922(b), effective 7/31/2023