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On or before February 1, 2022 and each February 1 thereafter, any micro-hauler operating within a commercial waste zone shall submit to the department and the business integrity commission the following information for the previous calendar year in a form and in a manner prescribed by the department:
(i) the amount of source separated organic waste collected from commercial establishments, disaggregated by quarter year;
(ii) the mode of transport of all source separated organic waste collected from commercial establishments, disaggregated by quarter year;
(iii) the disposal location of all source separated organic waste collected from commercial establishments, disaggregated by quarter year; and
(iv) a list of commercial establishments from which source separated commercial waste was collected, disaggregated by zone.
(L.L. 2019/199, 11/20/2019, eff. 11/20/2019)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2019/199.
The commissioner shall promulgate rules establishing fees to be collected from any awardee selected pursuant to section 16-1002 for the administration of the commercial waste zone program.
(L.L. 2019/199, 11/20/2019, eff. 11/20/2019)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2019/199.
The department may fix by rule and periodically refix minimum rates for the collection, removal or disposal of commercial waste. Such minimum rates shall be based upon a fair and reasonable return to the awardee and consideration of the purposes of this chapter.
(L.L. 2019/199, 11/20/2019, eff. 11/20/2019)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2019/199.
a. Any person who violates any provision of section 16-1003 or 16-1004, or any rules promulgated pursuant to such sections or any order issued by the commissioner or chair of the business integrity commission pursuant to such sections shall be liable for a civil penalty of $10,000 for each violation, or, in the case of a continuing violation, $10,000 for each day of such violation.
b. 1. Any person who violates any provision of paragraphs 1 through 9 of subdivision a of section 16-1005 shall be liable for a civil penalty of $2,500 for the first violation, and, for subsequent violations that occur within a two-year period of any previous violation, $5,000 for the second violation and $10,000 for any subsequent violation.
2. Any person who violates any provision of paragraphs 10 through 12 of subdivision a of section 16-1005 shall be liable for a civil penalty of $500 for the first violation, and, for subsequent violations that occur within a two year period of any previous violation, $750 for the second violation and $1,000 for any subsequent violation.
c. 1. Any person who violates any provision of subdivision c of section 16-1005 shall be liable for a civil penalty of $10,000 per vehicle that is in violation. Each notice of violation shall contain an order of the commissioner or chair of the business integrity commission directing the respondent to correct the condition constituting the violation and to file with the department electronically, or in such other manner as the commissioner shall authorize, a certification that the condition has been corrected within thirty days from the date of the order. In addition to such civil penalty, a separate additional penalty shall be imposed of $500 for each day that the violation is not corrected beyond thirty days from such order.
2. For the purposes of this section, if a court of competent jurisdiction or the office of administrative trials and hearings, pursuant to section 1049-a of the charter, finds that a certification of correction filed pursuant to this subdivision contained material false statements relating to the correction of a violation, such certification of correction shall be null and void. It shall be an affirmative defense that the respondent neither knew nor should have known that such statements were false.
d. The civil penalty for each violation of section 16-1008 shall be $1,000. A violation of section 16-1008 shall be computed on a per employee basis. Notwithstanding any other provision of this section, any penalty imposed for a violation of subdivision i of section 16-1008 shall be mitigated to zero dollars if, on or before the initial return date stated on the notice of violation, a designated carter who fails to provide the certification required pursuant to subdivision i of section 16-1008 submits proof of having cured such violation at the hearing of such notice of violation.
e. Any person who violates any provision of section 16-1012 shall be liable for a civil penalty of $1,000, except that such penalty shall be mitigated to zero dollars if on or before the initial return date stated on the notice of violation, a micro-hauler who fails to file the report required pursuant to section 16-1012 submits proof of having cured the violation at the hearing of such notice of violation.
f. All civil penalties imposed pursuant to this section may be recovered in a civil action in any court of competent jurisdiction or in a proceeding before the office of administrative trials and hearings, pursuant to section 1049-a of the charter.
g. The corporation counsel is authorized to commence a civil action on behalf of the city for civil penalties or for injunctive relief to restrain or enjoin any activity in violation of this chapter.
h. In addition to or as an alternative to any civil penalty pursuant to subdivision a of this section, any person who violates section 16-1003 or 16-1004 or any of the rules promulgated pursuant thereto shall, upon conviction thereof, be punished for each violation by a criminal fine of not more than $10,000, or in the case of a continuing violation, not more than $10,000 for each day of such violation, or by imprisonment not exceeding six months, or both such criminal fine and imprisonment.
i. Any employee that has been the subject of a retaliatory personnel action or the threat of a retaliatory personnel action in violation of section 16-1009 or any rules promulgated pursuant thereto shall be entitled to all relief necessary to make the employee whole. Such relief may include but not be limited to: (i) an injunction to restrain the retaliatory action or threat of retaliatory action, (ii) reinstatement to the position such employee would have had but for the retaliatory action or to an equivalent position, (iii) reinstatement of full fringe benefits and seniority rights, (iv) payment of two times back pay, plus interest, and (v) compensation for any special damages sustained as a result of the retaliatory action or threat of retaliatory action, including litigation costs and reasonable attorneys' fees. Such an employee may bring an action in any court of competent jurisdiction for the relief provided in this subdivision.
(L.L. 2019/199, 11/20/2019, eff. 11/20/2019)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2019/199.
a. Any vehicle that has been used or is being used in the violation of section 16-1003 shall be impounded by the department or the business integrity commission and shall not be released until either all removal charges and storage fees and the applicable fine have been paid or a bond has been posted in an amount satisfactory to the commissioner or as otherwise provided in subdivision c of this section. The commissioner shall have the power to establish rules concerning the impoundment and release of vehicles and the payment of removal charges and storage fees for such vehicles, including the amounts and rates thereof.
b. In addition to any other penalties provided in this section, the interest of an owner in any vehicle impounded pursuant to subdivision a of this section shall be subject to forfeiture upon notice and judicial determination thereof if such owner has been convicted of or found liable for a violation of section 16-1003 in a civil or criminal proceeding or in a proceeding before the office of administrative trials and hearings, pursuant to section 1049-a of the charter two or more times, if at least two of such violations were committed within an eighteen-month period.
c. Except as hereinafter provided, the city agency having custody of a vehicle, after judicial determination of forfeiture, shall no sooner than 30 days after such determination upon a notice of at least five days, sell such forfeited vehicle at public sale. Any person, other than an owner whose interest is forfeited pursuant to this section, who establishes a right of ownership in a vehicle, including a part ownership or security interest, shall be entitled to delivery of the vehicle if such person:
(1) Redeems the ownership interest which was subject to forfeiture by payment to the city of the value thereof;
(2) Pays the reasonable expenses of the safekeeping of the vehicle between the time of seizure and such redemption; and
(3) Asserts a claim within thirty days after judicial determination of forfeiture.
d. Notwithstanding the foregoing provisions, establishment of a claim shall not entitle such person to delivery of the vehicle if the city establishes that the unlawful conduct for which the vehicle was seized was expressly or impliedly permitted by such person.
(L.L. 2019/199, 11/20/2019, eff. 11/20/2019)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2019/199.
a. A designated carter shall be liable for violations of any of the provisions of this chapter or any rules promulgated pursuant hereto committed by any of its employees or agents.
b. An awardee shall be liable for violations of any of the provisions of this chapter or any rules promulgated pursuant hereto committed by any designated carter or other subcontractor performing services pursuant to any agreement entered into pursuant to section 16-1002.
(L.L. 2019/199, 11/20/2019, eff. 11/20/2019)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2019/199.
Notices of violation for violations of any provision of this chapter or any rule promulgated hereunder may be issued by the department or the business integrity commission. In addition, such notices of violation may be issued by any other agency of the city as designated by the commissioner.
(L.L. 2019/199, 11/20/2019, eff. 11/20/2019)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2019/199.
Where the commissioner has reasonable cause to believe that a designated carter has engaged in or is engaging in actions: (i) involving egregious or habitual nonpayment or underpayment of wages, or (ii) that constitute a significant violation of city, state or federal labor or employment law, the commissioner shall inform the New York state attorney general, the New York state department of labor, the United States department of labor or other relevant city, state or federal law enforcement agency of such actions.
(L.L. 2019/199, 11/20/2019, eff. 11/20/2019)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2019/199.
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