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(a) The following terms have the same meanings as such terms are defined in § 16-1000 of the Administrative Code: "commercial waste", "commercial waste zone", "commissioner", "containerized commercial waste", "department", "micro-hauler", "organic waste", "trade waste".
(b) The following terms have the following meanings, except as otherwise provided in this chapter:
Agreement. The term “agreement” means an agreement entered into between the Department and an awardee pursuant to § 16-1002 of the Administrative Code.
Awardee. The term “awardee” means an entity with whom the Department enters into an agreement for the provision of commercial waste collection services pursuant to § 16-1002 of the Administrative Code, including entities that have been selected for commercial waste collection services within one or more zones and entities that have been selected to provide citywide containerized commercial waste collection services, or both.
Bicycle. The term "bicycle" means: (1) a two or three wheeled device upon which a person or persons may ride, propelled by human power through a belt, a chain or gears; (2) a "pedal-assist bicycle" as defined in 34 RCNY § 4-01 or as otherwise defined by the department of transportation; (3) any electric scooter as defined in section 114-e of the vehicle and traffic law; or (4) any bicycle with electric assist as defined in section 102-c of the vehicle and traffic law.
Cab-over design vehicle. The term "cab-over design vehicle" means a vehicle that is designed so that the driver cab is situated in relation to the vehicle engine such that the driver sits directly above or forward of the front axle of the vehicle.
Container: The term "container" means a bin, dumpster, compactor or other receptacle for the storage or collection of commercial waste.
Commercial establishment. The term "commercial establishment" means a commercial establishment required to provide for the removal of commercial waste pursuant to the provisions of § 16-116 of the Administrative Code.
Commercial waste generation audit. The term "commercial waste generation audit" means an assessment of the commercial waste generated by a commercial establishment that:
1. Is performed by a person registered by the business integrity commission as a trade waste broker;
2. Separately assesses the commercial waste generated, disaggregated by waste stream as follows:
i. Refuse: Total amount of refuse at each premises;
ii. Designated recyclable materials: (1) Total amount of designated recyclable paper at each premises; and (2) total amount of designated recyclable metal, glass, and plastic at each premises; and
iii. Source separated organics: If the commercial establishment is a designated covered establishment, total amount of source separated organics at each premises; and
3. Includes a report with information on:
i. The actual measurements of all waste streams assessed, as recorded on-site;
ii. Estimates of the amount of each waste stream generated on a monthly basis;
iii. Contamination levels for each waste stream assessed; and
iv. Recommendations for waste reduction by waste stream and diversion from refuse to designated recyclable materials and source separated organic waste.
Commercial waste vehicle. The term "commercial waste vehicle" means a vehicle that is used to collect, transport or remove commercial waste.
Containerized commercial waste awardee. The term "containerized commercial waste awardee" means an awardee that is authorized to provide containerized commercial waste collection, removal and disposal service citywide pursuant to an agreement with the Department entered into pursuant to § 16-1002 of the Administrative Code.
Contamination. The term "contamination" means: (1) a bag or container of designated recyclable materials that contains a detectable quantity of refuse or organic waste; (2) a container of source separated organic waste that contains a detectable quantity of non-organic waste; or (3) a bag or container of refuse that contains a detectable quantity of designated recyclable materials.
Customer. The term "customer" means: (1) a commercial establishment that is located within a commercial waste zone for which a zone awardee has been awarded an agreement pursuant to § 16-1002 of the Administrative Code and that selects such awardee for collection of commercial waste or has been assigned such awardee pursuant to paragraph 4 of subdivision e of such section; or (2) a commercial establishment that selects a containerized commercial waste awardee to collect containerized commercial waste.
Designated carter. The term "designated carter" means a licensee that is authorized to provide commercial waste collection services pursuant to an agreement between an awardee and the Department entered into pursuant to § 16-1002 of the Administrative Code. The term "designated carter" may describe the awardee or another licensee that the awardee has designated to fulfill the terms of such agreement as specified in the awardee's Subcontracting Plan.
Designated covered establishment. The term "designated covered establishment" means any commercial establishment designated as an establishment required to separate organic waste pursuant to subdivision (a) of 16 RCNY § 1-11.
Designated recyclable materials. The term "designated recyclable materials" means materials that have been designated for recycling by the Department pursuant to subdivision (a) of 16 RCNY § 1-10.
Final implementation date. The term “final implementation date” means the last day of the transition period.
Implementation start date. The term “implementation start date” means the first day of the transition period.
Non-collection of commercial waste. The term "non-collection" means a particular instance when an awardee fails to perform a scheduled pick-up of commercial waste from a customer, but where the awardee has not suspended or terminated service.
Normal business hours. The term "normal business hours" means 9 a.m. to 5 p.m., Monday through Friday.
Organic waste processing facility. The term "organic waste processing facility" has the same meaning as set forth in 16 RCNY § 1-01.
Overfilled container. The term "overfilled container" means a container with materials that project above its rim in a manner that impedes the complete closure of its lid and/or a container with materials that are placed outside the container and/or allowed to accumulate.
Qualified Inspector. The term "qualified inspector" means an individual who meets the qualifications set forth in Part 396.19 of Title 49 of the Code of Federal Regulations.
Refuse. The term "refuse" means commercial waste that is not organic waste or designated recyclable material.
Single stream collection of recyclables. The term "single stream collection of recyclables" has the same meaning as the term "single stream collection and recycling," as defined in 16 RCNY § 1-01 and shall be deemed interchangeable with such term and with the term "single stream recycling and collection."
Source separation. The term "source separation" means the separation at the point of generation of designated recyclable materials from each other or the separation of designated recyclable materials from solid waste.
Standard service hours. The term "standard service hours" means 8 p.m. to 7 a.m., Monday through Saturday, excluding the federal holidays listed in 5 U.S.C. § 6103. For purposes of this definition, a day of the week or a holiday (e.g. Monday or Memorial Day) begins at 8 p.m. on that day and ends at 7 a.m. the following day.
Telematics system. The term "telematics system" means an integrated system of hardware and software that is capable of monitoring and recording data from GPS devices, vehicle dynamics systems, and engine performance systems and that is installed in a commercial waste vehicle, as required pursuant to 16 RCNY § 20-56.
Textiles. The term "textiles" means textiles that: (1) are source separated by a commercial establishment or (2) are required be source separated by a commercial establishment pursuant to 16 RCNY § 1-10.
Transition period. The term “transition period” means the period between the implementation start date established by the Department for a commercial waste zone and the final implementation date established by the Department for such zone.
Zero waste plan. The term "zero waste plan" means an awardee's plan describing practices to support waste reduction, reuse and recycling among commercial establishments, as set forth in the awardee's Agreement with the Department pursuant to § 16-1002 of the Administrative Code.
Zone awardee. The term "zone awardee" means an awardee that is authorized to provide commercial waste collection, removal and disposal service in a particular zone assigned to the awardee pursuant to an agreement with the Department entered into pursuant to § 16-1002 of the Administrative Code.
(Added City Record 11/16/2021, eff. 12/16/2021*; amended City Record 4/19/2024, eff. 5/19/2024; amended City Record 6/26/2024, eff. 7/26/2024)
* Editor's note: For specific effective date provisions, see the editor's note at 16 RCNY Ch. 20.
a. The geographic area of the city of New York shall be divided into 20 commercial waste zones as follows:
Zone name | Zone geographic area |
Zone name | Zone geographic area |
Lower Manhattan | Community district 101 |
Manhattan Southwest | Community district 102 |
Manhattan Southeast | Community districts 103, 106 |
Midtown South | The geographic area of community district 105 south of 37th Street |
Midtown North | The geographic area of community district 105 north of 37th Street |
Manhattan West | Community districts 104, 107, and commercial establishments located on Central Park West |
Manhattan Northeast | Community district 108, excluding Roosevelt Island, community district 111, and Central Park (Joint Interest Area 64), excluding commercial establishments located on Central Park West |
Upper Manhattan | Community districts 109, 110, 112 |
Bronx West | Community districts 201, 203, 204, 205, 206, 207, 208, Van Cortlandt Park (Joint Interest Area 26), and Bronx Park (Joint Interest Area 27) |
Bronx East | Community districts 202, 209, 210, 211, 212, and Pelham Bay Park (Joint Interest Area 28) |
Brooklyn North | Community districts 301, 303, 304 |
Brooklyn West | Community districts 302, 306, 307 |
Brooklyn East | Community districts 305, 308, 309, 316, 317, 318, Prospect Park (Joint Interest Area 55), and Brooklyn Gateway National Recreation Area (Joint Interest Area 56) |
Brooklyn Southwest | Community districts 310, 311, 312 |
Brooklyn South | Community districts 313, 314, 315 |
Queens West | Community districts 401, 402, and Roosevelt Island |
Queens Central | Community districts 403, 404, 405, 406, LaGuardia Airport (Joint Interest Area 80), and Forest Park (Joint Interest Area 82) |
Queens Northeast | Community districts 407, 408, 411, and Flushing Meadows-Corona Park (Joint Interest Area 81) |
Queens Southeast | Community districts 409, 410, 412, 413, 414, JFK International Airport (Joint Interest Area 83), and Queens Gateway National Recreation Area (Joint Interest Area 84) |
Staten Island | Community districts 501, 502, 503, and Staten Island Gateway National Recreation Area (Joint Interest Area 95) |
(b) Awardees for one or more of the commercial waste zones set forth in subdivision (a) of this section and for citywide containerized service are authorized to commence service in the awarded zones on the following implementation start and final implementation dates:
Zone name | Implementation start date | Final implementation date |
Queens Central | September 3, 2024 | January 2, 2025 |
(Added City Record 2/14/2020, eff. 3/15/2020; amended City Record 4/19/2024, eff. 5/19/2024)
The annual fee that each awardee must pay pursuant to § 16-1013 of the Administrative Code shall be:
a. $107,148.73 per zone award, and
b. $107,148.73 per citywide containerized commercial waste award.
(Added City Record 11/16/2021, eff. 12/16/2021*)
* Editor's note: For specific effective date provisions, see the editor's note at 16 RCNY Ch. 20.
Subchapter B: Customer Service Requirements
(a) (1) Each commercial establishment must enter into a written service agreement with a zone awardee selected by the Department for the zone in which the commercial establishment is located, and/or a containerized commercial waste awardee in accordance with subdivision (c) of this section, to provide all commercial waste collection, removal and disposal services for the commercial establishment. All such written service agreements must meet the requirements of 16 RCNY § 20-26 and must be entered into no later than the final implementation date for the zone in which the commercial establishment is located, as set forth in the rules of the Department.
(2) This subdivision does not apply to a commercial establishment registered by the Business Integrity Commission to haul its own commercial waste pursuant to subdivision (b) of § 16-505 of the Administrative Code operating pursuant to the terms of such registration.
(b) A commercial establishment must not enter into an agreement for the collection, removal or disposal of commercial waste with more than one zone awardee selected for the zone in which the commercial establishment is located at the same time under any circumstances.
(c) In lieu of or in addition to a contract with a zone awardee, a commercial establishment may contract with a containerized commercial waste awardee for the removal of containerized commercial waste, provided that the other requirements of this section have been met. If a commercial establishment's contract with a containerized commercial waste awardee does not cover the entirety of the commercial establishment's commercial waste, the commercial establishment must enter into an agreement with a zone awardee for collection, removal and disposal of the remainder of the commercial establishment's commercial waste, except that such establishment may not contract with more than one zone awardee, as provided in subdivision (b) of this section.
Example 1: Bob's Restaurant is located in the zone Bronx East. Bob's Restaurant selects Containerized Carting to perform containerized commercial waste collection services. Containerized Carting receives an award to collect containerized commercial waste citywide and is also selected as a zone awardee for zone Bronx East. If Bob's restaurant uses Containerized Carting for containerized collection services, Bob's restaurant is prohibited from selecting a different Bronx East zone awardee to collect non-containerized commercial waste because Containerized Carting is a zone awardee for zone Bronx East.
Example 2: Molly's Restaurant is located in the zone Queens Central. Molly's Restaurant is looking for containerized commercial waste collection services for refuse. None of the zone awardees in zone Queens Central were selected to collect containerized commercial waste citywide. Molly's Restaurant can hire Containerized Carting to provide containerized commercial waste collection service and may choose to select a Queens Central zone carter to provide non-containerized refuse and organics collection.
(d) If an awardee is authorized to operate as a containerized commercial waste awardee and a zone awardee in a given zone, such awardee must follow all requirements applicable to zone awardees set forth in Title 16-B of the Administrative Code and this title with respect to all customers in such zone.
(e) If a commercial establishment fails to enter into a written agreement with a zone awardee selected for the zone in which such commercial establishment is located or a containerized commercial waste awardee in accordance with the requirements of this section by the final implementation date for such zone, the Department will assign a zone carter to such commercial establishment and the processes and terms of service set forth in subdivision (e) of 16 RCNY § 20-26 shall apply. The assignment of a particular awardee to a commercial establishment is at the Department’s discretion, and factors that the Department will consider include, but are not limited to, effect on route efficiency, language access needs, awardee capacity, maximum rate, number of customers already served in the zone, and other factors deemed relevant by the Department.
(Added City Record 11/16/2021, eff. 12/16/2021*; amended City Record 4/19/2024, eff. 5/19/2024)
* Editor's note: For specific effective date provisions, see the editor's note at 16 RCNY Ch. 20.
(a) (1) An awardee shall not charge or accept rates or fees for the collection, removal or disposal of commercial waste from a customer in a commercial waste zone above the maximum rates and maximum fees for such zone as set forth in the agreement with the Department under which such awardee is operating pursuant to § 16-1002 of the Administrative Code and as provided in this section.
(2) Rates for collection of designated recyclable materials and source separated organic waste must be proportionally lower than rates for refuse collection services in the proportion set forth in the agreement between the awardee and the Department where such agreement includes such a proportion, except that if the awardee collects no amount of refuse from the customer, the rate for designated recyclable materials and source separated organics cannot exceed the maximum rate for such material set forth in such agreement.
(b) An awardee must not charge or accept rates or fees for the collection, removal or disposal of containerized commercial waste citywide above the maximum rates or fees for such service as set forth in the agreement with the Department under which such awardee is operating pursuant to § 16-1002 of the Administrative Code and as provided in this section. Paragraph (2) of subdivision (a) of this section shall apply to the collection, removal or disposal of containerized waste citywide only where such agreement also provides for the collection of designated recyclable materials or source separated organic waste.
(c) (1) An awardee must only charge a customer in accordance with the pricing structure set forth in the agreement with the Department pursuant to which such awardee is operating. Such pricing structure must reflect the following pricing structure:
(i) A separately itemized charge based on frequency of collection by waste stream: refuse, designated recyclable materials and source separated organic waste; and
(ii) A separately itemized charge based on weight or volume of waste collected by waste stream: refuse, designated recyclable materials and source separated organic waste.
An awardee must not charge any additional fees, except as provided in paragraph (2) of this subdivision.
(2) An awardee may impose fees only for the following:
(i) Cleaning containers or compactors;
(ii) Delivery, replacement or removal of carts or containers;
(iii) Rental of compactors or roll-off containers;
NOTE: Rental fees for containers or dumpsters other than compactors and roll-offs are prohibited by Administrative Code § 16-1002(c)(2);
(iv) Rental of equipment other than containers/dumpsters;
(v)* Collection service that requires entry inside the building, other than service in and out of a loading dock;
(v)* A requested pick-up outside of standard service hours;
* Editor's note: There are two subsections designated as (v).
(vi) A requested pick-up time within a window of less than two hours where a pick-up window is specified in the agreement;
(vii) A return rate, if an awardee must return to provide service based on a customer created condition, after following all applicable procedures set forth in 16 RCNY § 20-24;
(viii) Overfilled containers, after following all applicable procedures set forth in 16 RCNY § 20-24;
(ix) Designated recyclable materials or source separated organic waste with contamination of at least 10 percent, after following all applicable procedures set forth in 16 RCNY § 20-24;
(x) If a driver has to wait due to a customer created delay in excess of 15 minutes, documented with GPS technology;
(xi) Late payment;
(xii) Insufficient funds, including but not limited to a bounced check or an electronic transfer that fails due to insufficient funds in the customer's account;
(xiii) Payment made by credit card if the following conditions are met:
(A) The fee must not exceed 3% of the amount charged for services; and
(B) The awardee must offer an alternate form of electronic payment, such as direct bank to bank transfer, with no added fee for the customer;
(xiv) Commercial waste generation audit services in accordance with the awardee's Zero Waste Plan; and
(xiv) Any other fees approved by the Department in accordance with the procedures set forth in the awardee's agreement with the Department pursuant to which the awardee is operating.
(d) (1) In addition to any automatic rate adjustments set forth in the agreement with the Department pursuant to which such awardee is operating, entered into pursuant to § 16-1002 of the Administrative Code, an awardee may petition the Department for an adjustment to the maximum rates (including any maximum fee amounts) set forth in such agreement in accordance with this subdivision. Such petition shall be made in a form and format prescribed by the Department. No later than 60 days after the submission of such petition, the Department shall either deny such petition in writing, along with a description of the reason for such denial, or commence with a public hearing on such petition in accordance with the procedures described in this subdivision,. Such decision shall be within the discretion of the Department.
(2) Upon petition of an awardee in accordance with paragraph (1) of this subdivision, or upon its own initiative, the Department may hold a public hearing on the maximum rates (inclusive of any maximum fee amounts) charged by one or more awardees for the collection, removal or disposal of commercial waste as set forth in the agreement or agreements with the Department entered into pursuant to § 16-1002 of the Administrative Code by such awardee or awardees. At least 30 days prior to the public hearing, the Department will publish the date, time and location of the public hearing in the City Record and on the Department website. At the hearing, any member of the public may submit oral or written testimony regarding whether the maximum rates should be changed. The proponent of the rate change shall bear the burden of demonstrating, on an individual, zone or industry-wide basis, that existing rates do not allow for a fair and reasonable return to such awardee or awardees or are otherwise inconsistent with the purposes of Title 16-B of the Administrative Code.
(3) In determining whether the maximum rates charged by one or more awardees for the collection, removal or disposal of commercial waste will be adjusted, the Department shall not be limited to evidence provided pursuant to paragraph (2) of this subdivision, and may request additional information from the proponent of the rate change, and may consider any relevant factor affecting the commercial waste industry or its customers, including but not limited to:
(i) Available data on the commercial waste industry, including but not limited to any material change in: operating revenues (overall revenues); regulated service operating revenues (revenue generated from waste removal services associated with the rate-regulated portion of a business) by waste stream; operating expenses; regulated operating expenses by waste stream; and total regulated waste tonnage disposed;
(ii) Any material change to waste disposal capacity or infrastructure; and
(iii) Any other factor that may be relevant to assessing a fair and reasonable return to the awardee or awardees, promoting the protection of customers from excessive or unreasonable charges, and promoting the purposes of Title 16-B of the Administrative Code.
(Added City Record 11/16/2021, eff. 12/16/2021*)
* Editor's note: For specific effective date provisions, see the editor's note at 16 RCNY Ch. 20.
(a) General prohibition; minimum level of service.
(1) An awardee may not deny, suspend, or terminate commercial waste collection service to any commercial establishment within a zone for which the awardee has been awarded an agreement, except as otherwise provided in this section and as set forth in the agreement between the awardee and the Department pursuant to § 16-1002 of the Administrative Code.
(2) An awardee must offer to each commercial establishment within a zone for which the awardee has been awarded an agreement including the following minimum level of service:
(i) At least two days of refuse collection per week;
(ii) At least one day of designated recyclable materials collection per week; and
(iii) If the commercial establishment is a designated covered establishment, at least one day of source separated organics collection per week.
(3) Nothing in this subdivision shall prevent a commercial establishment and an awardee from mutually agreeing on terms of service that include less frequent or more frequent collection than the minimum level of service described in paragraph (2) of this subdivision.
(b) Suspension or termination of service for non-payment.
(1) An awardee may suspend or terminate commercial waste collection service to a commercial establishment within a zone for which the awardee has been awarded an agreement if the commercial establishment is a current customer and owes full or partial payment to the awardee for services rendered for more than 45 days and the awardee has followed the procedures set forth in this subdivision.
(2) When a current customer has failed to pay the full amount due for 30 days, the awardee must notify the customer in writing that the account is past due, and that nonpayment may result in service suspension or termination, including the timeframe when such suspension or termination may occur.
(3) After at least 45 days of non-payment, the awardee may suspend or terminate service by notifying the customer by certified mail of such suspension or termination and the reason therefor. Such notice shall state that the customer may seek Department review of the awardee's decision to suspend or terminate service by submitting such request to the Department in writing no later than 120 days after receipt of such notice, along with evidence that service should not be suspended or terminated, and a copy of the postmarked certified mail receipt. The customer must also send a copy of such review request to the awardee.
(4) The Department will review each customer request for Department review and may ask either party to provide additional information necessary to make a determination. The Department will issue a final determination within 30 days of receipt of such request, unless such additional information is requested from either party, in which case the Department shall notify the parties of its determination within a reasonable timeframe. The awardee is under no obligation to provide service pending such review. If the awardee continues to provide service, any late fees set forth in the awardee's customer service agreement with the customer shall continue to accrue while such service is being provided in accordance with such agreement.
(c) Denial, suspension or termination for other allowable reasons.
(1) Except in authorized cases of non-payment as described in subdivision b, an awardee may only deny, suspend, or terminate commercial waste collection service to a commercial establishment within a zone for which the awardee has been awarded an agreement after prior approval by the Department in accordance with this section.
(2) The Department will only grant approval pursuant to this subdivision if the awardee has followed the procedures set forth in this subdivision and demonstrates to the satisfaction of the Department one or more of the following:
(i) The commercial establishment has set out commercial waste in a form or manner that presents a direct health or safety threat to employees of the designated carter or to the public;
(ii) The commercial establishment has caused substantial damage to property of the awardee or its designated carter;
(iii) Provision of service to the commercial establishment would jeopardize the awardee's ability to meet the requirements of the awardee's agreement with the Department pursuant to § 16-1002 of the Administrative Code; or
(iv) The awardee has other good cause for denial, suspension or termination of service, consistent with the purposes of Title 16-B of the Administrative Code.
(3) An awardee may seek denial, suspension or termination of service by notifying the commercial establishment by certified mail of its intention to deny, suspend or terminate service and informing the commercial establishment of the reason therefor. Such notice shall state that no later than 30 days after the postmark date on such notice, the commercial establishment may submit evidence to the Department demonstrating that circumstances described in paragraph (2) of subdivision (b) of this section have not occurred or other evidence that service should not be denied, suspended or terminated, along with a copy of the postmarked certified mail receipt of such notice.
(4) The awardee must provide a copy of the notice described in paragraph (1) of this subdivision to the Department along with evidence that circumstances described in paragraph (2) of this subdivision have occurred. In the case of subparagraphs (i) and (ii) of paragraph (2), the awardee shall provide photographic documentation where feasible. In all other instances, such evidence may include but need not be limited to photographic or video evidence, invoices, insurance reports, or police reports. The Department may ask either party to provide additional information necessary to make a determination.
(5) The Department shall notify the awardee and the commercial establishment of its determination regarding whether the awardee's request for approval for denial, suspension or termination of service has been granted no later than 45 days after receipt of a copy of the notice described in paragraph (4) of this subdivision, unless additional information is requested by the Department from either party, in which case the Department shall notify the parties of its determination within a reasonable timeframe. Within 15 days of receipt of such determination, either party may appeal such determination in writing to the Commissioner.
(6) If the commercial establishment is a current customer, the awardee must continue providing service to such customer until a final determination by the Department has been made.
(d) Nothing in this section shall preclude the awardee from seeking to enforce the terms of its agreement with a customer, including but not limited to terms governing damages or other remedies for breach of contract.
(e) Nothing in this section shall be construed to alter, amend or negate any obligation of the awardee to provide service to any commercial establishment in accordance with the terms of the agreement between the awardee and the Department entered into pursuant to § 16-1002 of the Administrative Code.
(f) A written contract for the removal, collection, or disposal of commercial waste that contains no provision regarding duration shall be terminable at will by the customer.
(g) (1) Subdivisions (a) through (c) of this section shall not apply to containerized commercial waste awardees providing collection, removal or disposal of containerized commercial waste in accordance with an agreement with the Department to provide such containerized commercial waste collection, removal and disposal service citywide pursuant to § 16-1002 of the Administrative Code.
(2) An awardee providing containerized commercial waste collection, removal or disposal service citywide in accordance with such an agreement with the Department must not suspend or terminate such service to a customer unless at least 14 days' written notice to the customer is given. No contract for the removal, collection, or disposal of containerized commercial waste shall provide that an awardee may suspend or terminate service upon shorter notice.
(h) If a customer's service is suspended or terminated, the awardee shall provide written notification to the Department within 24 hours and shall include in this notification the customer name and address, reason for suspension or termination, and any unresolved customer complaints.
(Added City Record 11/16/2021, eff. 12/16/2021*)
* Editor's note: For specific effective date provisions, see the editor's note at 16 RCNY Ch. 20.
(a) If a designated carter is precluded from collecting a customer's commercial waste on a particular day, due to a severe weather event, street closure, or other emergency as determined by the Department, the designated carter must return to collect the commercial waste on the next business day when access to the premises is possible, or as otherwise agreed upon between the awardee and the customer. In such a case, the awardee must notify such customer no less than two hours after becoming aware of the situation that collection on the scheduled day is not possible, the reason therefor, and the awardee's expected timeframe for collecting the customer's waste.
(b) Except as provided in subdivision (a), an awardee and its designated carters may only refuse to collect commercial waste from a customer set out on a particular day, resulting in the non-collection of commercial waste, in the following circumstances:
(1) Overfilled containers;
(2) Designated recyclable materials or source separated organic waste with contamination of at least 10 percent;
(3) The bag or container cannot be safely lifted, container contents will not empty after tipping, and/or bags or containers are blocked or inaccessible for reasons other than those described in subdivision (a) of this section;
(4) Bags or containers set out for collection contain non-commercial waste not otherwise agreed upon by the customer and the awardee; or
(5) The customer has otherwise set out commercial waste in a form or manner that presents a direct health or safety threat to employees of the designated carter or to the public.
(c) Before refusing to collect commercial waste from a customer set out on a particular day in any of the circumstances described in subdivision (b) of this section, the awardee must ensure that all applicable procedures described in 16 RCNY § 20-24 are followed, and the awardee must continue to provide commercial waste collection service at the customer's next scheduled pick-up in accordance with the awardee's agreement with the customer, except as otherwise provided in 16 RCNY § 20-22.
(Added City Record 11/16/2021, eff. 12/16/2021*)
* Editor's note: For specific effective date provisions, see the editor's note at 16 RCNY Ch. 20.
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