1. A commercial, industrial or
institutional customer has the right to select their solid waste
collector on a competitive basis and to discontinue service
at any time, unless contractually obligated by a service agreement,
provided that the collector is provided with a minimum of seven
days' written notice;
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2. Residential
customers who are responsible for hiring their own collection
service have the right to select their solid waste collector
on a competitive basis and to discontinue service at any time,
provided the collector is given seven days written notice;
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3. The solid waste collector shall
provide collection service in the service territories listed
in its tariff;
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4. A statement that the solid
waste collector's tariff showing terms and conditions is available
for review at the Department and that a complete list of solid
waste collectors registered to provide service in their service
territory is available from the Division of Solid and Hazardous
Waste;
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5. The solid waste collector shall
handle customer complaints in a prompt, courteous, and efficient
manner and that in the event a solid waste collector fails to
pick up solid waste on a regularly scheduled day and such failure
is not caused by an act or omission of the customer, the collector
shall make the pick up as soon as possible, but in no event
shall it be later than the next regularly scheduled collection
day. Should a collector fail to pick up solid waste from a commercial,
industrial or institutional customer on two consecutive collection
days, and such failure is not caused by an omission or act of
the customer, the customer may cancel any service agreement
or contract with the collector;
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6. The solid waste collector shall
remove and transport solid waste in an environmentally sound
manner that safeguards the public health and preserves the quality
of the environment;
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7. The solid waste collector shall
notify its customers in writing at least 10 days prior to any
increase or decrease in rates;
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8. The solid waste collector shall
provide ten days' written notice to the customer prior to the
discontinuation of service. A collector may discontinue service
for nonpayment of bills provided it gives the customer at least
ten days for payment of the bill before issuing the ten day
notice of discontinuing service;
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9. Where solid waste collection
service is provided in containers or other equipment supplied
by the solid waste collector, and the service is discontinued
either by the solid waste collector or the customer, the solid
waste collector shall be required to remove its container or
other equipment from the customer's premises within three days
of the effective date of discontinuance regardless of the status
of the account;
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10. The Department is available
to resolve service or pricing issues and disputes and the solid
waste collector shall not terminate service for non-payment
of disputed charges during a Department investigation;
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11. The customer may make partial
payments on collection service and disposal fees without risk
of additional charges, penalties or disruption of service on
the unresolved amount of a service or pricing issue or dispute
and/or disputes forwarded to the Department for resolution;
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12. If a customer will be absent
from their residence or business for at least 30 days, the customer
may request suspension of solid waste collection services and
billing for that period without charge;
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13. The collector is responsible
for assisting the customer in the selection of the most favorable
service to meet the customer's needs at the most reasonable
rate;
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14. In the event of inclement
weather when operation of a solid waste vehicle would pose a
threat to the safety of the public and/or the equipment and personnel
of the collection company, pick up shall be made no later than
the next regularly scheduled day. In those cases where collection
is made on a once per week basis, pick up shall be made as soon
as weather permits;
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15. A solid waste collector shall
transmit copies of any notice of discontinuance of service to
the Department at the same time it is transmitted to the customer;
and
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16. Solid waste services contracts
or agreements shall not include any clause which calls for an
automatic renewal of the contract or agreement. The automatic
renewal clause of any existing contract shall be considered
void November 4, 2002.
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17. Solid waste collection utilities
shall display their name, as it appears on their Certificate
of Public Convenience and Necessity, and any "trading as
name" on all vehicles and containers.
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(d) Every solid waste collector shall certify to the Department
that each customer was provided with a customer bill of rights
as required pursuant to (a) above. The certification shall be
as follows:
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"I certify under penalty of law that I have notified each
of my customers at least once this year that solid waste collection
services in this State are available on a competitive basis
as provided in the customer bill of rights and that I have provided
each of my customers with a copy of the customer bill of rights
in the form set forth at N.J.A.C. 7:26H-5.12(b). I am aware
that there are penalties for failing to comply with the provisions
of these regulations, including the possibility of fine and
imprisonment. I understand that, in addition to criminal penalties,
I will be responsible for penalties as set forth at N.J.S.A.
48:13A-12 and that violating any provision of these regulations
may be grounds for suspension or revocation of any Certificate
of Public Convenience and Necessity for which I may now hold."
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