N.J. Admin. Code § 7:26H-5.18

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

Section 7:26H-5.18 - Penalties for violation of rules adopted pursuant to the Acts

(a) The Department may assess a penalty pursuant to this section 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 for each violation of each requirement of any rule listed in (f) below.

(b) Each violation of a rule listed in (f) below shall constitute an additional, separate and distinct violation.

(c) Each day during which a violation continues shall constitute an additional, separate and distinct violation.

(d) Where any requirement of any rule listed in (f) below may pertain to more than one act, condition, occurrence, item, unit, waste or parameter, the failure to comply with such requirement as it pertains to each such act, condition, occurrence, item, unit, waste or parameter shall constitute an additional, separate and distinct violation.

(e) The Department shall determine the amount of a penalty for each violation of any rule listed in (f) below on the basis of the provision violated. For a violation of a requirement or condition of an administrative order, permit, license or other operating authority, the Department may in its sole discretion identify the corresponding requirement of any rule summary listed in (f) below and determine the amount of the civil administrative penalty on the basis of the rule provision violated. The procedure for determining the amount of a penalty for each violation of any rule listed in (f) below is as follows:

1. Identify the rule violated as listed in (f) below;

2. Identify the corresponding base penalty dollar amount for the rule violated as listed in (f) below; and

3. To obtain the penalty, multiply the base penalty by the applicable severity factor offense multiplier as follows:

Severity Factor	Multiplier
i. First Offense	Initial Base Penalty (no multiplier)
ii. Second Offense	Initial Base Penalty x (2.5)
iii. Third and subsequent Offenses	Initial Base Penalty x (5.0)

Example:

Base penalty (for violation of 7:26H-1.19 ) = $ 1,000 (First

Offense)

For a second offense, the penalty is $ 1,000 x (2.5) = $ 2,500

For the third and subsequent offenses, the penalty is $ 1,000 x (5.0) =

$ 5,000

(f) The rule summary in this subsection, which summarizes certain provisions in this chapter, is provided for informational purposes only. In the event that there is a conflict between the rule summary in this subsection and a provision in this chapter, then the provision in this chapter shall prevail.

1. The violations of N.J.A.C. 7:26H-1, General Requirements, whether the violation is minor or non-minor, the length of the grace period, and the civil administrative penalty amounts for each violation are as set forth in the following table.

Grace
Citation	Base	Type of	Period
(N.J.A.C.)	Summary	Penalty	Violation	(days)
7:26H-1.6(a)	Failure to obtain a Certificate	$ 5,000	NM
of Public Convenience and
Necessity prior to engaging in
the business of solid waste
collection or solid waste
disposal.
7:26H-1.6(c)	Failure of solid waste utility	$ 5,000	NM
to have a Certificate of Public
Convenience and Necessity when
bidding for a solid waste
contract.
7:26H-1.12(c)	Failure of the disposal utility	$ 2,000	M	30
to file rate revisions, in
accordance with N.J.A.C.
N.J.A.C. 7:26H-3.10, for services that do
not increase charges above the
peak rate.
7:26H-1.12(d)	Failure of the disposal utility	$ 2,000	M	30
to file rate revisions, in
accordance with N.J.A.C.
7:26H-3.11, for services that
increase charges above the peak
rate.
7:26H-1.14(a)	Failure of solid waste utility	$ 2,500	NM
to furnish safe, adequate, and
proper service.
7:26H-1.14(d)	Failure of collection utility to	$ 2,500	NM
notify the Department prior to
discontinuing service to a
customer, which notification
shall give the reasons for such
discontinuance.
7:26H-1.14(e)	Failure of solid waste utility	$ 2,000	M	1
to file a report with the
Department when service to a
customer is interrupted and it
appears that the interruption
will continue for more than one
day or one pick up.
7:26H-1.20(b)1	Failure of solid waste utility	$ 2,000	M	30
to ensure all records are
maintained at an office in the
State of New Jersey unless
otherwise approved by the
Department.
7:26H-1.20(b)3	Failure of solid waste utility	$ 2,000	M	30
to notify the Department of the
location of the office or
offices where records pertaining
to the provision of solid waste
services are maintained.
7:26H-1.20(c)	Failure of solid waste utility	$ 2,000	M	30
to retain all documents for at
least five years from the date
that the documents were due or
created, and at the office of
the solid waste utility.
7:26H-1.21	Failure of solid waste utility	$ 5,000	NM
to file evidence of insurance.
7:26H-1.24(b)	Failure of solid waste utility	$ 2,500	NM
to have a lease on file with the
Department for the use of all
property, equipment and
facilities that are used to
provide service and are not
owned by the utility.

2. The violations of N.J.A.C. 7:26H-3, Transactional Filings, whether the violation is minor or non-minor, the length of the grace period, and the civil administrative penalty amounts for each violation are as set forth in the following table.

Grace
Citation	Base	Type of	Period
(N.J.A.C.)	Summary	Penalty	Violation	(days)
7:26H-3.2(a)	Failure of solid waste utility	$ 3,000	NM
to receive authorization of the
Department prior to consummating
the sale, transfer, or
encumbrance of the assets of the
solid waste utility or any
change in majority control of
such utility.
7:26H-3.2(c)	Failure of the solid waste	$ 2,000	M	30
utility to ensure notice of
sale appears in newspapers at
least 30 days before sale
occurs.
7:26H-3.3(a)	Failure of solid waste utility	$ 3,000	NM
to petition for authority to
transfer capital stock; Transfer
without authorization.
7:26H-3.4(a)	Failure of solid waste utility	$ 3,000	NM
to obtain Department approval
prior to consolidating or
merging with another solid waste
utility, merging or
consolidating with any other
person or business concern, or
dissolution of the solid waste
utility.
7:26H-3.5(a)	Failure of solid waste utility	$ 3,000	NM
to petition the Department for
authority to issue stocks,
bonds, notes, other evidence of
indebtedness or to execute
mortgages and comply with
requirements thereof.
7:26H-3.6(a)	Failure of solid waste utility	$ 3,000	NM
to file a Notice of Intent and
obtain Department approval prior
to entering into a management
agreement with any person.
7:26H-3.6(c)	Failure of solid waste utility	$ 2,000	M	30
to ensure a Notice of Intent to
enter into a management
agreement appears in newspapers
at least 30 days prior to the
completion of the transaction.
7:26H-3.7(a)	Failure of solid waste utility	$ 2,500	NM
to receive approval of the
Department prior to taking any
action which would cause a
change in the utilitys
depreciation rates.

3. The violations of N.J.A.C. 7:26H-4, Solid Waste Tariffs, whether the violation is minor or non-minor, the length of the grace period, and the civil administrative penalty amounts for each violation are as set forth in the following table.

Grace
Citation	Base	Type of	Period
N.J.A.C.	Summary	Penalty	Violation	(days)
7:26H-4.2(a)	Failure of solid waste utility	$ 3,000	NM
to file a tariff and maintain a
copy for public inspection.
7:26H-4.4(a)1	Failure of utility's customer	$ 2,000	M	30
to allow unencumbered access to
containers. All containers and
areas from which solid waste is
to be collected shall be kept
free from all hazards and
potential hazards.
7:26H-4.4(a)2	Failure of solid waste utility	$ 2,500	NM
to comply with collection
service provisions of the
approved tariff.
7:26H-4.4(a)3	Failure of solid waste utility	$ 2,000	M	30
to assist customers in the
selection of the rate schedule
most favorable for their
individual requirements.
7:26H-4.4(a)4	Failure of solid waste utility	$ 2,000	M	30
to identify in the tariff,
miscellaneous collection
services, prior to providing any
of these same services.
7:26H-4.4(a)6	Failure of solid waste utility	$ 2,500	NM
to ensure that loads of solid
waste and designated source
separated recyclable materials
are not commingled; Disposing of
leaves in any manner that
differs from that outlined in
N.J.S.A. 13:1E-99.2 1.
N.J.A.C. 7:26H-4.4(a)7	Failure of solid waste utility	$ 2,000	M	30
to make a pick up, not later
than the next regularly
scheduled collection day should
the collector fail to pick up
solid waste on a regularly
scheduled day.
7:26H-4.4(a)9	Failure of the collector to	$ 2,500	NM
provide the customer at least
10 days written notice of its
intention to discontinue
service.
7:26H-4.4(b)3	Failure of solid waste utility	$ 2,000	M	30
to include all required items,
listed separately, on all bills
for collection.
7:26H-4.7(a)1	Failure of the disposal utility	$ 2,000	M	30
to operate according to the
schedule contained in its
permits and approved tariff;
Failure to ensure all hours and
rates are publicly posted.
7:26H-4.7(b)2	Failure of the disposal utility	$ 2,000	M	30
to comply with billing and
invoicing requirements.
7:26H-4.7(b)4	Failure to comply with the	$ 2,000	M	30
facility's applicable rate
schedule by assessing a late
payment charge on an unpaid bill
when such a charge is not
provided for in the disposal
facility's applicable rate
schedule approved by the
Department.
7:26H-4.7(c)1	Failure of the solid waste	$ 2,000	M	30
utility to comply with advanced
payment account requirements.

4. The violations of N.J.A.C. 7:26H-5, Solid Waste Collection Regulatory Reform, whether the violation is minor or non-minor, the length of the grace period, and the civil administrative penalty amounts for each violation are as set forth in the following table.

Grace
Citation	Base	Type of	Period
(N.J.A.C.)	Summary	Penalty	Violation	(days)
7:26H-5.4(a)	Failure of the solid waste	$ 2,500	NM
collector to charge or receive
only those rates or charges for
solid waste collection service
which would result from
effective competition. No solid
waste collector shall charge or
receive rates or charges for
solid waste collection service
which are greater than or less
than rates or charges what would
result from effective
competition.
7:26H-5.6(a)	Failure of solid waste utility	$ 2,000	M	30
to pay annual utility fee or
annual assessment.
7:26H-5.9(c)1	Failure of solid waste utility	$ 2,000	M	30
to submit annual Customer List.
7:26H-5.9(c)7	Failure of solid waste utility	$ 2,000	M	30
to maintain customer lists in
proper format and available for
inspection.
7:26H-5.12(b)	Failure of the collector to	$ 2,000	M	30
notify customers at least once
each year that solid waste
collection services in this
State are available on a
competitive basis and include
with that notice a complete copy
of a customer bill of rights.
7:26H-5.12(c)5	Failure of the solid waste	$ 2,000	M	30
collector to handle customer
complaints in a prompt,
courteous, and efficient manner.
7:26H-5.12(c)6	Failure of the solid waste	$ 2,000	M	30
collector to remove and
transport solid waste in an
environmentally sound manner
that safeguards the public
health and preserves the quality
of the environment.
7:26H-5.12(c)7	Failure of the solid waste	$ 2,000	M	30
collector to notify its
customers in writing at least 10
days prior to any increase in
the service portion of its rate.
7:26H-5.12(c)9	Failure of the solid waste	$ 2,000	M	1
collector to remove its
container or other equipment
from the customers premises
within three days of the
effective date of discontinuance
regardless of the status of the
account.
7:26H-5.12(c)15	Failure of the solid waste	$ 2,000	M	30
collector to transmit copies of
any notice of discontinuance of
service to the Department at the
same time it is transmitted to
the customer.
7:26H-5.12(c)16	Failure of solid waste utility	$ 2,000	M	30
to ensure solid waste services
contracts or agreements do not
include any clause that calls
for automatic renewal of the
contract or agreement.
7:26H-5.12(c)17	Failure of collection utility	$ 2,000	M	30
to display their name, as it
appears on their Certificate of
Public Convenience and
Necessity, and any "trading as"
name on all vehicles and
containers.
7:26H-5.12(d)	Failure of the collector to	$ 2,000	M	30
submit a certification to the
Department certifying that each
customer was provided with a
customer bill of rights.

5. The violations of N.J.A.C. 7:26H-6, Uniform Bid Specifications for Municipal Solid Waste Collection Contracts, whether the violation is minor or non-minor, the length of the grace period, and the civil administrative penalty amounts for each violation are as set forth in the following table.

Grace
Citation	Base	Type of	Period
(N.J.A.C.)	Summary	Penalty	Violation	(days)
7:26H-6.15(b)	Failure of the contractor to	$ 2,000	M	1
promptly and properly attend to
all complaints of residents and
all notices, directives and
orders of the contract
administrator within 24 hours of
the receipt of same; to keep a
record of complaints and the
date and time of the responses
to such complaints, as well any
action taken; to provide a
written summary of all
complaints and responses to the
contract administrator each
month.

N.J. Admin. Code § 7:26H-5.18

New Rule, R.2002 d.356, effective 11/4/2002.
See: 34 N.J.R. 1792(a), 34 N.J.R. 3819(a).
Amended by R.2006 d.343, effective 9/18/2006.
See: 37 N.J.R. 3130(a), 38 N.J.R. 3782(b).
Rewrote (f).
Amended by R.2008 d.117, effective 5/5/2008.
See: 39 N.J.R. 4477(a), 40 N.J.R. 2243(a).
Section was "Penalties for violation of rules adopted pursuant to the Act". In entry for 7:26H-1.14(d) in table in (f)1, substituted "notify" for "file a petition with" and "notification" for "petition"; in entry for 7:26H-5.6(a) in table in (f)4, inserted "or annual assessment"; and in entry for 7:26H-5.12(c)7 in table in (f)4, substituted "in the service portion of its rate" for "or decrease in rates".