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(a) An awardee must establish and maintain a customer service plan in accordance with this section and the terms of its agreement with the Department pursuant to § 16-1002 of the Administrative Code. The awardee must comply with the terms of such customer service plan.
(b) Such customer service plan must include, at a minimum, a description of:
(1) Customer service support tools, including but not limited to: a dedicated phone line for receiving customer inquiries, service requests and complaints, which must be actively staffed during normal business hours and have the capability for receiving messages 24 hours a day, seven days a week;
(2) A company website, which must contain information regarding the awardee's name, office address, e-mail address, the customer phone number described in paragraph (1) of this subdivision, the maximum rates that the awardee is authorized to charge pursuant to the agreement entered into with the Department pursuant to § 16-1002, instructions for requesting initial service, and instructions for making customer complaints and service requests;
(3) A protocol for promptly addressing customer service requests and complaints;
(4) Performance metrics or other methods of measuring customer service, including but not limited to a process for tracking customer service requests and complaints and the awardee's response times for addressing such requests and complaints;
(5) Customer service standards, including but not limited to hours of operation and emergency contact protocols;
(6) The awardee's plan for addressing the language access needs of customers in the zone, including but not limited to an assessment of the primary languages spoken by customers in the zone and a description of the specific tools used to provide quality customer service to customers with limited English proficiency; and
(7) A process for customers to contest invoices, request changes to level of service provided, and request changes to costs for service based on changes in amount of waste generated by the customer; and
(8) The awardee's plans, if any, for the set-out of commercial waste in a manner that promotes the City's goals of improving cleanliness, rodent mitigation, order and safety on City sidewalks.
(c) If a customer submits a missed collection complaint, the designated carter must return to the premises and collect the commercial waste that was missed within 12 hours of receiving such complaint, unless:
(2) the awardee otherwise resolves the customer complaint in a manner agreed upon between the customer and the awardee.
(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) An awardee must enter into a written contract with each customer for the collection, removal, or disposal of commercial waste in accordance with the requirements of this section. Such written contract must comply with the applicable requirements of Titles 16-A and 16-B of the Administrative Code and the applicable rules promulgated pursuant to such titles, all other applicable laws, and the terms of the agreement between the awardee and the Department under which the awardee is operating.
(b) A contract between an awardee and a customer for the collection, removal or disposal of commercial waste shall:
(1) Describe the following:
(i) Rates, including a clear description of any applicable fees that might be imposed pursuant to paragraph (2) of subdivision (c) of 16 RCNY § 20-21;
(ii) Customer and awardee responsibilities;
(iii) For each waste stream: pick-up frequency and estimated pick-up time for each collection, and where agreed upon by the parties, a prescribed pick-up window; and
(iv) Dispute resolution protocols.
(3) Not extend beyond the last date the awardee is authorized to operate in the zone in which the customer is located under the awardee's agreement with the Department entered into pursuant to § 16-1002 of the Administrative Code;
(4) Provide that the awardee must remove the customer's commercial waste from the location designated by the customer, provided that such location is consistent with all applicable laws, rules and regulations;
(5) Provide for not less than 14 days' written notice by the awardee if the awardee seeks to raise rates charged to a customer;
(6) Provide for not less than 7 days' written notice by the awardee if the awardee seeks to change pick-up times, except in unforeseen circumstances;
(7) Provide that the awardee must comply with Titles 16-A and 16-B of the Administrative Code and any rules promulgated pursuant thereto and all other applicable laws, rules and regulations; and
(8) Provide the method by which the awardee will provide the customer with all applicable notices required pursuant to this chapter. Except where otherwise specifically provided by this chapter, such notices may be in the form of paper or electronic communication, as long as the recordkeeping requirements of this chapter and as set forth in the Agreement with the Department are met.
(c) (1) A standard contract form that an awardee proposes to use with its customers must be submitted to the Department within 60 days of entering into an agreement with the Department pursuant to § 16-1002 of the Administrative Code. An awardee must submit any subsequent changes in the standard contract to the Department 30 days prior to implementing such change. The Department will perform a legal review of each awardee's standard contract and may require changes to such standard contract form prior to its use by the awardee pursuant to the procedures described in such agreement with the Department.
(2) Nothing in this subdivision shall be construed to prevent an awardee and a customer from negotiating terms at variance with the standard contract, except that an awardee must not vary such contract in any manner inconsistent with Title 16-A of the Administrative Code and any rules promulgated thereunder or Title 16-B of the Administrative Code and any rules promulgated thereunder.
(d) Prior to commencement of service, an awardee must prepare a written contract that clearly and legibly sets forth the terms and conditions of the agreement negotiated by the awardee and the customer and deliver such contract to the customer. Such contract must provide that it shall be effective only upon being dated and signed by the awardee and the customer's owner or authorized representative and that a change of any term or condition of such contract must be made in writing, dated, and signed by both the awardee and the customer's owner or authorized representative before such term or condition takes effect. One copy of such signed and dated contract and a copy of any signed and dated amendments must be provided to the customer's owner or authorized representative by the awardee.
(e) (1) If a customer has been assigned to the awardee by the Department pursuant to paragraph (4) of subdivision (e) of § 16-1002 of the Administrative Code or rules promulgated pursuant to such section, the standard contract that the awardee has submitted to the Department pursuant to subdivision (c) of this section shall be deemed to be in effect, and the awardee shall provide commercial waste collection service at the level of service described in paragraph (2) of subdivision (a) of 16 RCNY § 20-22 at the maximum rates the awardee is authorized to charge pursuant to the awardee's agreement with the Department pursuant to § 16-1002 of the Administrative Code, unless and until such customer and such awardee negotiate alternative terms by following the procedures in subdivision (d) of this section or the customer selects a different awardee pursuant to paragraph (4) of subdivision (e) of § 16-1002. Notwithstanding any other provision of this paragraph, the Department may require that an awardee provide up to five days of refuse collection to a commercial establishment that has been assigned to such awardee as provided in this paragraph if the Department determines that such commercial establishment requires commercial waste collection service at a higher level of service than that described in subparagraph (i) of paragraph (2) of subdivision (a) of 16 RCNY § 20-22.
(2) Upon notification by the Department that it has been assigned a customer by the Department pursuant to paragraph (4) of subdivision (e) of § 16-1002 of the Administrative Code or other applicable law, the awardee shall mail the awardee's standard contract to such customer by certified mail, retain the signed returned postal receipt during the duration of service to the customer, and make available to the Department upon its request a copy of such contract and such return receipt, unless and until such customer and such awardee negotiate alternative terms by following the procedures in subdivision (d) of this section.
(f) An awardee must comply with the service and other terms set forth in such contract with the customer, including the agreed-upon frequency and schedule for the collection of commercial waste. Such schedule must not be altered without the written agreement of the customer's owner or authorized representative.
(g) No contract or contract amendment shall provide that the awardee is exempt from liability for damage caused by its negligence or the negligence of any of its agents.
(h) A contract that does not meet the requirements of federal, state or local law is voidable by either party.
(Added City Record 11/16/2021, eff. 12/16/2021*; amended City Record 1/2/2025, eff. 1/2/2025)
* Editor's note: For specific effective date provisions, see the editor's note at 16 RCNY Ch. 20.
(a) An awardee must provide a consolidated bill, statement, or invoice at least once every month to every customer. Such bill, statement or invoice may be provided electronically, unless the customer requests a paper version. Such bill, statement or invoice must include all costs for services provided, including if an awardee uses one or more subcontractors to provide services to the customer. Such bill, statement, or invoice must conspicuously contain all of the following:
(1) The awardee's name, address, telephone number, and Business Integrity Commission license number;
(2) The customer's name and complete address;
(3) The maximum rates the awardee is authorized to charge such customer pursuant to the awardee's agreement with the Department entered into pursuant to § 16-1002 of the Administrative Code with a statement indicating that the rates so identified are maximum legal rates and that lower rates may be lawfully charged;
(4) The negotiated rate on which the bill, statement, or invoice is based, broken down into the component parts of such rate, including the rates based on frequency of collection of refuse, designated recyclable materials and source separated organic waste, if applicable, and the rates based on volume or weight of refuse, designated recyclable materials and source separated organic waste collected, if applicable;
(5) A notice to customers as follows: "NOTICE TO CUSTOMERS – The maximum rates that may be charged by your commercial waste removal business are regulated by the New York City Department of Sanitation. If you should have a question or a complaint concerning commercial waste removal, contact the New York City Department of Sanitation";
(6) An itemized list of actual charges being imposed detailing:
(i) The number of weekly pick-ups of each waste stream;
(ii) The weight or volume of refuse, designated recyclable materials and source separated organic waste, if any, removed, and the charge for such weight or volume of such waste, broken down by waste stream, or, where the customer is being charged on a "flat" or "average" billing rate, the estimated volume or weight of refuse, designated recyclable materials and source separated organic waste, if any, removed, and the charge for such estimated weight or volume of such waste, broken down by waste stream, along with a statement as to the method by which the estimated volume or weight was determined; and
(iii) Any additional charges or fees imposed; and
(7) a separate statement of sales tax collected.
(b) Such bill, statement or invoice must be on a form approved by the Department.
(c) (1) An awardee may only accept cash payments from a customer for the collection, removal, or disposal of commercial waste:
(i) At the awardee's primary office location or primary garage for storing commercial waste vehicles; or
(ii) At a customer service location that has been approved by the Department.
(2) Under no circumstances may an awardee accept cash payments for such services at the customer's business location.
(3) An awardee must provide a receipt to the customer for all cash payments.
(4) An awardee may not charge a customer any additional fees or charges for processing or accepting non-cash payments for commercial waste collection, removal or disposal services, except as authorized pursuant to subparagraph (xiii) of paragraph (2) of subdivision (c) of 16 RCNY § 20-21.
(d) An awardee may not charge new or existing customers for payments not collected from other customers.
(e) The awardee shall not assess new customers for payments owed from a previous customer. The awardee shall not charge existing customers in full or in part for payments owed from other customers.
(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) An awardee must provide each customer with such informational notices as the Department shall require throughout the term of service.
(b) An awardee must comply with the notification protocols described in the awardee's zero waste plan for notifying the customer of significant designated recyclable material content in refuse and providing recommendations for compliance with the City's recycling requirements and diversion of designated recyclable materials, in accordance with 16 RCNY § 20-33.
(c) On a monthly basis, an awardee must provide the Department with the following information for the previous month, in the form specified by the Department:
(1) Any non-collections and the reasons therefor;
(2) Any additional fees imposed and the reasons therefor; and
(3) A list of customers to which the awardee or any of its designated carters provided notifications of significant designated recyclable material content in refuse pursuant to subdivision (b) of this section.
(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.
An awardee must provide to its customers commercial waste generation audit services and/or reimbursement for commercial waste generation audits by a third party in accordance with the requirements of the awardee's Zero Waste Plan.
(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 C: Operations; Delivery of Service
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