N.J. Admin. Code § 7:26H-5.15
Current through Register Vol. 56, No. 21, November 4, 2024
Section 7:26H-5.15 - Sanctions for non-compliance(a) The Department may assess a penalty pursuant to 48:13A-12 when the Department determines that a solid waste collector has violated any provision of the Acts, including any violation of any rule or any administrative order adopted pursuant thereto.(b) Any person who violates any provision of the Acts, or any rule, regulation or administrative order issued pursuant thereto, or who engages in the solid waste collection business or solid waste disposal business without having been issued a Certificate of Public Convenience and Necessity, shall be liable to pay a penalty of not more than $ 10,000 for a first offense, not more than $ 25,000 for a second offense and not more than $ 50,000 for a third and every subsequent offense.(c) Any person or any officer or agent thereof who knowingly violates any of the provisions of the Acts or aids or advises in such violation, or who, as principal, manager, director, agent, servant or employee knowingly does any act comprising a part of such violation, is guilty of a crime of the fourth degree and may be punished by imprisonment for not more than 18 months or by a fine of not more than $ 50,000 or both; and if a corporation, by a fine of not more than $ 100,000.(d) Each day which a violation continues shall constitute an additional, separate and distinct offense.(e) Neither the assessment of a penalty nor the payment of any such penalty shall be deemed to affect the availability of any other enforcement provisions provided for by 48:13A-1 et seq. or any other statute in connection with the violation for which the assessment is levied.(f) Nothing in this subchapter is intended to affect the Department's authority to revoke or suspend any permit, license or other operating authority issued under the Acts. Specifically, and in addition to any other cause set forth in this chapter, the Department may revoke or suspend a solid waste collector's certificate of public convenience and necessity for any of the following causes: 1. Refusal or failure to maintain and file an annual report or any other business record requested pursuant to 7:26H-5.11, which may include, but not be limited to, the following: annual reports, customer lists, financial or operational information, contracts, books, accounts and records;2. Refusal or failure to provide requested information in accordance with 7:26H-5.9, 5.11 or 5.12;3. Refusal or failure to comply with an order of the Department to extend solid waste collection services under N.J.A.C. 7:26H-5.11; or4. Failure to comply with an order of the Department to adjust rates to a sum which results in competitive pricing.(g) Whenever a solid waste collector has failed to satisfy the requirements of this subchapter, the Department shall transmit a notice of a pending revocation or suspension of the solid waste collector's certificate of public convenience and necessity to the solid waste collector in conformance with the provision of N.J.S.A. 52:4A-4.N.J. Admin. Code § 7:26H-5.15
Administrative change.
See: 30 N.J.R. 3948(a).
Amended by R.2002 d.356, effective 11/4/2002.
See: 34 N.J.R. 1792(a), 34 N.J.R. 3819(a).
Rewrote the section.
Amended by R.2008 d.117, effective 5/5/2008.
See: 39 N.J.R. 4477(a), 40 N.J.R. 2243(a).
In (a), substituted "Acts" for "Solid Waste Utility Control Act, N.J.S.A. 48:13-1 et seq. or the Solid Waste Collection Regulatory Reform Act, N.J.S.A. 48:13A-7.1 et seq."; in (b), substituted "Acts" for "Solid Waste Utility Control Act (N.J.S.A. 48:13A-1 et seq.), the Solid Waste Collection Regulatory Reform Act (N.J.S.A. 48:13A-7.1"; in (c), substituted "the Acts" for "this Act"; in the introductory paragraph of (f), substituted "Acts" for "Act"; and in (f)1, deleted "customer list updates," following "annual reports,".