N.J. Admin. Code § 7:26H-3.6

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:26H-3.6 - Petitions for approval of management agreements

(a) No solid waste collection or disposal utility shall enter into a management agreement with any person without filing a Notice of Intent and obtaining Department approval if such management agreement contains any of 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.

(b) The solid waste collection or disposal utility shall file for Department authorization of a management agreement described at (a) above at least 30 days prior to the completion of the transaction. 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.

(c) The solid waste collection or solid waste disposal utility shall place a notice in a newspaper of 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.

(d) In the event that a solid waste collection or solid waste disposal utility determines that it can no longer provide safe, adequate or effective service to its customers, the notice of intent to enter into a management agreement must be accompanied by a petition to discontinue service and surrender its certificate of public convenience and necessity.

(e) Prior to receiving the Department's written approval, no solid waste collection or disposal utility or any other person, whether or not such person is engaged in the business of solid waste shall:

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. Admin. Code § 7:26H-3.6

Amended by R.1997 d.510, effective 10/31/1997 (operative November 10, 1997).
See: 29 New Jersey Register 4170(a), 29 New Jersey Register 5084(a).
Readopted provisions of Emergency Amendment R.1997 d.404 without change.
Amended by R.2002 d.356, effective 11/4/2002.
See: 34 New Jersey Register 1792(a), 34 New Jersey Register 3819(a).
In (c), substituted "place a notice in a newspaper of general circulation in its service territory" for "notify every affected customer".

Administrative Change, 55 N.J.R. 2003(a), effective 8/23/2023