a. 1. Every owner, lessee or person in control of a commercial establishment shall provide for the removal of waste by a business licensed by the New York city business integrity commission as required by subdivision a of section 16-505 of this code or register and obtain a registration number from the New York city business integrity commission as required by subdivision b of section 16-505 of this code to remove its own waste except as provided in subdivision c of this section, however nothing contained herein shall preclude the commissioner from providing for the removal of waste from any commercial establishment pursuant to the authority vested in the commissioner by section seven hundred fifty-three of the charter.
2. No later than the applicable final implementation date set forth in the rules of the department pursuant to subdivision e of section 16-1002, each owner, lessee or person in control of a commercial establishment shall contract with an awardee selected by the department for the zone in which such establishment is located for the removal of commercial waste only by a designated carter pursuant to the agreement entered into between such awardee and the department pursuant to title 16-B, as such terms are defined in section 16-1000, in accordance with the provisions of such title and any rules promulgated pursuant thereto, except as otherwise provided by such title, provided however, that an owner, lessee or person in control of a commercial establishment may contract for the removal of containerized commercial waste, as such term is defined in section 16-1000, with either an awardee selected for such zone or with an awardee selected for the removal of containerized commercial waste citywide pursuant to title 16-B, in accordance with the provisions of such title and any rules promulgated pursuant thereto.
b. Every owner, lessee or person in control of a commercial establishment shall post a sign which states clearly and legibly the trade or business name, address, telephone number and the day and time of the pickup of the trade waste removal business presently serving the establishment, or if the commercial establishment removes its own waste, a registration number issued by the New York city trade waste commission shall be posted. Such sign or registration number shall be prominently displayed by affixing it to a window near the principal entrance to the commercial establishment so as to be easily visible from outside the building. If this is not possible, such sign or permit shall be prominently displayed inside the commercial establishment near the principal entrance to the premises.
c. This section shall not apply to (i) unimproved or vacant property or premises generating infrequent waste or insignificant amounts of waste; and (ii) home occupations, medical offices/group medical centers, and other residential offices, which receive department collection and disposal service pursuant to section 16-114.1 of this code. The commissioner shall have the authority to determine what constitutes infrequent waste or insignificant amounts of waste in specific cases.
d. (i) Except as provided in paragraph (ii) of this subdivision, violation of any of the provisions of this section or any rules promulgated pursuant thereto shall be punishable by a civil penalty of not less than fifty nor more than one hundred dollars, provided that a violation of subdivision (b) of this section or any rules promulgated pursuant thereto by any owner, lessee or person in control of a commercial establishment shall be punishable by a civil penalty of fifty dollars.
(ii) A commercial establishment required by subdivision b of section 16-505 of this code to register with the New York city trade waste commission shall be subject to a penalty for the violation of such subdivision or any rule pertaining thereto as provided in subdivision c of section 16-515 of this code. Such penalty may be recoverable in the manner provided therein or may be returnable in a civil action brought in the name of the commissioner before the environmental control board which shall impose a penalty not to exceed one thousand dollars.
(Am. L.L. 2019/199, 11/20/2019, eff. 11/20/2019; Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1996/042, L.L. 2013/153, L.L. 2019/199 and L.L. 2021/080.