N.J. Admin. Code § 7:26-3.3

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

Section 7:26-3.3 - Exemptions and conditions

(a) The provisions of this subchapter shall not be applicable to the following:

1. Persons transporting only their own household solid waste in passenger automobiles bearing general registration plates; and

2. Persons transporting only their own solid waste in vehicles registered with a State motor vehicles agency as having a maximum gross vehicle weight of 9,000 pounds for a single vehicle or 16,000 pounds combined maximum gross vehicle weight for a vehicle pulling a trailer.

(b) No provision of these rules shall be interpreted as permitting the transportation of domestic sewage in any manner other than that prescribed by law.

(c) Vehicles exempt under this section as solid waste vehicles are not permitted to discharge solid waste at or near areas where solid waste vehicles required to be registered in accordance with N.J.A.C. 7:26-3.2 are unloading or where heavy equipment is operating.

(d) A person transporting solid waste through New Jersey, when roadways and highways in New Jersey constitute a segment of such person's route, is not required to obtain an approved registration with the Department if the circumstances listed in (d)1 and 2 below exist, and at least one of the circumstances listed in (d)3, 4 or 5 below exists:

1. The solid waste being transported through New Jersey is not discharged from the solid waste vehicle and the solid waste transport unit is not uncoupled or unloaded from the solid waste cab or solid waste single unit vehicle;

2. Solid waste is not being collected, treated, processed, transferred, or disposed of in New Jersey by the solid waste vehicle;

3. Solid waste is not being stored in excess of 24 hours in the solid waste transport unit while in New Jersey;

4. The solid waste vehicle has a mechanical breakdown and repair is necessary; and

5. The operator of the solid waste vehicle must stop for a mandatory rest or break, not to exceed 24 hours.

N.J. Admin. Code § 7:26-3.3

As amended, R.1974 d.234, eff. 8/21/1974.
See: 6 New Jersey Register 343(c).
Amended by R.1989 d.216, effective 4/17/1989.
See: 20 New Jersey Register 2668(a), 21 New Jersey Register 1002(b).
"Hauling" replaced by "transporting", "vehicles" as "solid waste vehicles" and maximum gross weight in (a)2 changed from 5,000 to 8,000 pounds.
Amended by R.1996 d.578, effective 12/16/1996.
See: 28 New Jersey Register 2114(a), 28 New Jersey Register 5248(a).
Added (a)3 and (d).
Amended by R.2001 d.86, effective 3/5/2001.
See: 32 New Jersey Register 2536(a), 33 New Jersey Register 880(a).
In (a), deleted 3.
Amended by R.2002 d.181, effective 6/17/2002.
See: 33 New Jersey Register 4218(a), 34 New Jersey Register 2049(a).
Rewrote (a)2 and (c); in (d), rewrote 1 through 5.