N.J. Admin. Code § 7:26H-5.9

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

Section 7:26H-5.9 - Monitoring effective competition; records

(a) All books, records, accounts, documents and other writings relating to the business of solid waste collection, including accident reports, annual reports and customer lists, shall be created and maintained in accordance with the requirements of 7:26H-1.20.

(b) Every utility engaged in solid waste collection shall prepare and submit, on or before the date established by the Department each year, an annual report in accordance with the requirements of 7:26H-1.19.

(c) Every utility engaged in solid waste collection shall file and maintain customer lists in accordance with the following:

1. Every solid waste collector shall prepare and submit annually on or before the date established by the Department, a complete list, made under oath, of all residential, commercial, industrial and institutional customers.

i. The list of residential customers shall be subdivided by municipality. Within each municipality, the customers shall be sequentially numbered and set forth in numerical order by street address and the streets set forth in alphabetical order. The list shall include each customer's complete name and service address and billing address, if different than the service address, as of December 31, of the preceding year.

ii. The list of commercial, industrial or institutional customers shall be set forth as in (c)1i above and, in addition, shall include for each customer the rate schedule(s) applied, frequency and type of service supplied, and number of containers and the size of each.

iii. Utilities who did not provide solid waste collection service to any customer in New Jersey during the preceding year or who provided only solid waste collection or transportation service to customers outside the State of New Jersey should report the type of activity performed and state that they provided no solid waste collection or transportation service to any customer in New Jersey.

iv. Utilities who provide service on an "on-call" basis shall provide a list of those customers who have been provided on-call service more than one time during the preceding year, even though the service locations may vary in the preceding year.

v. Customer list formats are as follows:

(1) MODEL RESIDENTIAL CUSTOMER LIST FORMAT

Customer #	Name	Address
1.	ABC	One A Street, Allentown, NJ 10000
2.	DCE	One B Street, Allentown, NJ 10000
1.	FGH	One A Street, Basking Ridge, NJ 20000
2.	IJK	One B Street, Basking Ridge, NJ 20000

(2) MODEL COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL CUSTOMER LIST FORMAT

Customer #	Name	Address
1.	ABC	One A Street, Allentown, NJ 10000
RATE SCHEDULE(S)	FREQUENCY AND TYPE OF
APPLIED:	SERVICE/PER PULL:
No. 10 Waste	2 x Week/Roll Off
NUMBER AND SIZE
OF CONTAINER:
2-8 Cubic Yard

2. The Department, in its discretion, may direct a solid waste collector to submit a complete customer list pursuant to 48:13A-7.17(e).

3. Each solid waste collection utility shall maintain customer lists in the form prescribed in (c)1v above, in writing or on systems approved by the Department, and shall make such customer lists available for inspection by representatives of the Department at any time during normal business hours.

4. Pursuant to the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., all customer lists required to be filed with the Department pursuant to this section shall not be deemed to be public records and the public, including solid waste or other utilities, shall not have the right to inspect, copy, or obtain a copy of same. Upon receipt of customer lists and customer list updates, the Department shall keep the lists in a secured storage facility and take appropriate measures to maintain the lists in confidence. Access to such lists shall be limited to agents, employees, and attorneys of the Department and, in the discretion of the Department, other governmental enforcement agencies with a legitimate need to know, to local health agencies certified by the Department pursuant to N.J.S.A. 26:3A-1 et seq., or local boards of health responsible for enforcement of laws related to the collection and disposal of solid waste. All such governmental agencies shall be subject to the confidentiality requirements contained in this paragraph. In order to obtain a customer list, a certified local health agency or local board of health shall submit a written request to the Department setting forth the information requested and the reasons for the request. The Department, in its discretion, may deny a request for a release of a customer list if the Department determines for any reason that granting the request would not be in the public interest.

5. If a collector's Certificate of Public Convenience and Necessity is revoked or for other good cause as the public interest may demand, the Department in its discretion may disclose the customer list of such collector for purposes of insuring safe, adequate and proper service.

(d) Any information submitted to the Department in accordance with this section shall be accompanied by the following written certification.

1. "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."

2. The certification in (d)1 shall be signed by the solid waste collector as follows:

i. For a corporation, by a principal executive officer;

ii. For a partnership or sole proprietorship, by a general partner or the proprietor respectively; or

iii. A duly authorized representative if:

(1) The authorization is made in writing by a person described in (d)2i and ii above; and

(2) The authorization specifies either an individual or a position having responsibility for the overall operation of the business.

N.J. Admin. Code § 7:26H-5.9

Administrative change.
See: 30 New Jersey Register 3948(a).
Amended by R.2002 d.356, effective 11/4/2002.
See: 34 New Jersey Register 1792(a), 34 New Jersey Register 3819(a).
Rewrote the section.

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