NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
COMPLIANCE & ENFORCEMENT
COUNTY ENVIRONMENTAL & WASTE ENFORCEMENT

Notice of Rule Proposal
Solid Waste Utility Regulations, N.J.A.C. 7:26H-1 et seq.

Public Notice
Take notice that the NJ Department of Environmental Protection (DEP) is proposing to readopt the solid waste utility regulations codified at N.J.A.C. 7:26H-1 et seq. with amendments and new rules. A statement of the substance of the proposal follows:

The solid waste utility rules regulate the economic aspects of solid waste collection and disposal. The majority of the solid waste utility regulatory provisions are proposed for readoption without change or with minor clarifying amendments. Additionally, the proposal amends the definition of “peak rate,” which is the highest rate a facility may charge its customers for receipt of a given waste type. This proposed amendment will alter the peak rate from a facility specific rate to allow a single peak rate for each waste type statewide. Lastly, this readoption proposes to codify the statutory provisions of the Commercial Landfill Regulatory Reform Act (CLRRA), which became effective January 1, 2004. This proposed new rule and corresponding amendments deregulates privately-owned sanitary landfill facilities from traditional rate regulation.

The proposal is scheduled to be published in the New Jersey Register dated November 5, 2007. A copy of the proposal is available from the DEP website(PDF) or by contacting LexisNexis Customer Service at (800)223-1944 or www.lexisnexis.com/bookstore. Be advised that there may be a fee for obtaining a copy of the proposal from some sources.

A public hearing(s) concerning the proposal is scheduled as follows:

Monday, November 26, 2007
9:00 a.m. – 12:00 noon (or until close of comments)
New Jersey Department of Environmental Protection
Public Hearing Room
401 E. State Street
Trenton, New Jersey 08625

Written comments may be submitted by January 4, 2008 to:

NJ Department of Environmental Protection
ATTN: DEP Docket No: 21-07-10/410
Office of Legal Affairs
PO Box 402
Trenton, New Jersey 08625-0402