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2 N.J.A.R. 59

Public Utilities, Board of v. Harem's Sanitation, Inc
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Citation: 2 N.J.A.R. 59
Decision Date: 1979
Agency: BOARD OF PUBLIC UTILITIES
Synopsis: The Board of Public Utilities charged the respondent (a solid waste collection utility) with failure to render adequate service due to its curtailment of collection service without seeking Board approval, as required by N.J.S.A. 48:2-24 and N.J.A.C. 14:3-10.11(b, NULL, NULL, NULL); failure to comply with a local ordinance requiring rear-yard collection; and denial of services requested by residents. The administrative law judge found that the evidence supported these charges and determined that, although respondent does not have a franchise in the particular geographical area, nor an exclusive municipal contract, it is a de facto monopoly due to its lack of competition. As such, it can be required, consistent with its tariff, to service all within the municipality who request service. In applying the penalty provisions of N.J.S.A. 48:13A-12(b), the administrative law judge determined that 'a first offense' means 'each first offense' and, thus, the respondent must pay a fine of $500 for each offense charged. To hold otherwise would permit a solid waste collector to commit any number of violations for a maximum penalty of $500, if all violations were charged in a single order to show cause. Leonard Peduto,Deputy Attorney General, for Petitioner (John J. Degnan, Attorney General of New Jersey, Attorney) Vincent J. Dotoli, Esq., for Respondent Frank A. Dolan, Esq., for Intervenor The Town of Newton, (Trepasso, Dolan and Hollander, Attorneys) Richard M. Pisacane, Esq., for Intervenor Newton West, Ltd., (Pisacane and Avigliano, Attorneys)
Rule(s) Cited: 14:3-10.11(b) 
Citation Tracker modified-Bd, of Public Utilities; dismissed-App. Div., A-1243-79, 1/23/81 (unreported) [Updated through 1991]