N.J. Admin. Code § 7:26-3.4

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

Section 7:26-3.4 - Transportation requirements (general)

(a) Length of service routes shall be kept consistent with the proper operation of solid waste vehicles and/or equipment in order that the area or route services can be completed during a normal operating day.

(b) All collected solid waste shall be properly deposited at an approved facility in accordance with N.J.A.C. 7:26-1 and 2. Solid waste or recyclable materials shall be deposited at a solid waste or recycling facility only to the extent the materials contained in an individual load are waste types and recyclable materials permitted for acceptance at that facility and commingled only to the extent permitted in the operating approvals for that facility.

(c) Unless an emergency, such as inclement weather, equipment breakdown or accident warrants, no solid waste shall be allowed to remain or be stored in any solid waste transport units in excess of 24 hours.

(d) No solid waste vehicle shall be used for transportation if the design of the solid waste vehicle is such that any solid waste material will spill, leak or cause emissions therefrom.

(e) No solid waste vehicle used for transportation, shall be used beyond its design capabilities or in such a manner that littering, leakage, spillage or emissions therefrom of solid wastes will occur.

(f) All solid waste vehicles used for the transportation of solid waste shall be maintained in good working condition to protect the health and safety of the workers and citizens of this State and to provide prompt and efficient service. The registered operator of any transportation system shall provide a means of continuous service in the event an emergency arises.

(g) All workers or collection crews operating solid waste transportation systems shall take reasonable care to protect the property of customers being served. Any damage or spillage of solid waste as a result of the transporter's actions shall be his or her responsibility.

(h) Each registered solid waste vehicle, except those exempted from fee payment under 7:26-3.3, and those meeting the requirements at 7:26-3.5(f) used in the collection or transportation of solid waste shall properly, permanently, and conspicuously display a current State of New Jersey solid waste decal and the New Jersey Department of Environmental Protection (N.J.D.E.P.) registration number and the name of the registered company in letters and numbers at least three inches in height, and, except for solid waste containers, shall carry the current N.J.D.E.P. registration certificate in the solid waste cab. Current solid waste decals must be permanently affixed to the driver's side of each solid waste vehicle, prior to transport of solid waste to, from or within New Jersey or prior to the unit being placed into service or before receiving waste.

1. A copy of any lease filed in connection with the solid waste registration of a solid waste vehicle shall be carried in the solid waste cab and made available to Department representatives upon inspection or request.

2. Only current period decals shall be displayed. Expired decals must be removed from the solid waste vehicle prior to affixing current registration period decals. The registrant of solid waste vehicles which are owned by the registrant shall, upon the interruption or termination of the exclusive use, possession or control of any such equipment by the registrant, notify the Department, return the N.J.D.E.P. registration certificate to the Department, and remove and destroy the N.J.D.E.P. registration number and decal on such solid waste vehicles. A registrant of solid waste vehicles, which are leased shall, upon the expiration of the lease, or upon the interruption or termination of the exclusive use, possession or control of any such equipment by the registrant, notify the Department, return the N.J.D.E.P. registration certificate to the Department, and remove and destroy the N.J.D.E.P. registration number and decal on such solid waste vehicles.

3. In addition, there shall be affixed to the driver's side of each registered solid waste vehicle, in letters and numbers at least three inches in height, the capacity of the solid waste transport unit in cubic yards, in tons or in gallons, so as to be visible to the operator of the solid waste facility.

(i) Tarpaulins or covers shall be provided and used as needed while transporting solid wastes.

(j) All solid waste vehicles used for transportation of solid waste shall, except for operations of their collection service routes, access and exit solid waste facilities in accordance with designated solid waste vehicle routes as specified in either the appropriate district solid waste management plan or the permit for the particular solid waste facility.

(k) Any transporter that transports solid waste to or from an intermodal container facility operating without authorization pursuant to 7:26-3.6 shall be subject to all applicable penalties for violation of New Jersey solid waste planning rules at N.J.A.C. 7:26-6, including revocation of transporter registration, certification and transporter license.

(l) Any person that transports regulated medical waste to or from a collection facility operating without authorization pursuant to 7:26-3A.39 shall be subject to all applicable penalties set forth at N.J.A.C. 7:26-5 including revocation of transporter registration, certification and transporter license.

(m) All solid waste transporters shall haul solid waste in accordance with the Solid Waste Management Plan developed by the county or district of waste origin pursuant to N.J.A.C. 7:26-6. In a district which has designated in its District Solid Waste Management Plan a weighing facility or facilities for waste leaving the district, transporters shall deliver solid waste to a designated in-district weighing facility before the solid waste is removed from the district for out-of-district transfer, materials recovery, or disposal.

N.J. Admin. Code § 7:26-3.4

As amended, R.1976 d.303, effective 11/1/1976.
See: 8 N.J.R. 374(d), 8 N.J.R. 509(a).
Amended by R.1987 d.535, effective 12/21/1987.
See: 19 N.J.R. 1610(a), 19 N.J.R. 2434(a).
Added (j).
Amended by R.1989 d.216, effective 4/17/1989.
See: 20 N.J.R. 2668(a), 21 N.J.R. 1002(b).
References to "collection and haulage" changed to "transportation", "vehicles" changed to "solid waste vehicles", at (h) requirement that N.J.D.E.P. registration number be permanently displayed.
Amended by R.1996 d.169, effective 4/1/1996.
See: 27 N.J.R. 801(a), 28 N.J.R. 1834(a).
Added (k).
Amended by R.1996 d.578, effective 12/16/1996.
See: 28 N.J.R. 2114(a), 28 N.J.R. 5248(a).
In (b), inserted N.J.A.C. reference and added last sentence; substantially amended (h); and added ( l).
Amended by R.1997 d.510, effective 10/31/1997 (operative November 10, 1997).
See: 29 N.J.R. 4170(a), 29 N.J.R. 5084(a).
Added (m). Readopted provisions of Emergency Amendment R.1997 d.404 without change.
Amended by R.2002 d.181, effective 6/17/2002.
See: 33 N.J.R. 4218(a), 34 N.J.R. 2049(a).
Rewrote (c) through (e) and (h).