Solid Waste Collector

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Adequacy of Service
Evidence supported charges that solid waste collector had failed to render adequate service due to its curtailment of collection service without seeking approval of Board of Public Utilities as required by N.J.S.A. 48:2-24 and N.J.A.C. 14:3-10.11(b). Decision: 2 N.J.A.R. 059
Curtailment of Service
A solid waste collector must seek Board of Public Utilities approval before curtailing its collection service pursuant to N.J.S.A. 48:2-24 and N.J.A.C. 14:3-10.11(b). Decision: 2 N.J.A.R. 059
"First Offense"
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 solid waste collector must pay a fine for each offense charged. Decision: 2 N.J.A.R. 059
Local Ordinance
Evidence supported charge that solid waste collector had failed to comply with a local ordinance requiring rear yard collection. Decision: 2 N.J.A.R. 059
Monopoly
Even though a solid waste collector lacked a franchise or 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. Decision: 2 N.J.A.R. 059
Rate Increase
Reasonable increases in customer rates should be based on an examination of income and reasonable operating expenses. Decision: 4 N.J.A.R. 044