(a) Collection service and disposal fee for hospitals and nursing homes occupying special use buildings.
(1) At frequencies determined by the Commissioner and subject to the availability of Department disposal facilities and necessary supporting resources and equipment and subject to emergency interruptions, the Department may provide solid waste collection and disposal service to hospitals and nursing homes occupying special use buildings and for which an acceptable application for such service has been submitted pursuant to subsection d, provided, however, that the owner, tenant, or person-in-charge of such hospital or nursing home occupying a special use building(s) agrees to pay and does pay a fee for the disposal of solid waste generated by such building(s). The Commissioner hereby fixes a fee for the disposal of solid waste generated by such building(s). The Commissioner hereby fixes a fee for the disposal of solid waste generated by hospitals and nursing homes occupying special use buildings as fifteen dollars and fifty-two cents ($15.52) per cubic yard of compacted solid waste and seven dollars and ninety-five cents ($7.95) per cubic yard of uncompacted solid waste.
(b) Collection and disposal fees for home occupations, medical offices/group medical centers, and other residential offices receiving department collection and disposal service.
(1) At frequencies determined by the Commissioner and subject to the availability of Department collection and disposal facilities and necessary support resources and equipment and subject to emergency interruptions, the Department may provide solid waste collection and disposal service, including service for collection of designated recyclable materials as defined in 16 RCNY § 1-09 (Residential Collection Service for Designated Recyclable Materials), to home occupations, medical offices/group medical centers, and other residential offices in buildings which receive Department collection and disposal service for which an acceptable application for such service has been submitted pursuant to subsection (d), provided, however, that the owner, tenant, or person-in-charge of such home occupation, medical office/group medical center, or other residential office agrees to pay and does pay an annual non-refundable fee, including any applicable taxes, for the collection and disposal of such waste. Such fee as fixed by Local Law 41 of 1992, shall be payable as follows:
Average Total Number of 20 Gallon Bags Generate Per Week, Including Designated Recyclable Materials | Annual Collection and Disposal Fee |
Not more than 5 | $303.00 |
6 - 10 | $563.00 |
11 - 15 | $823.00 |
16 - 20 | $1,083.00 |
The Department shall not provide any collection and disposal service to any home occupation, medical office/group medical center, or other residential office receiving Department collection and disposal service which generates more than an average total of 20 bags of solid waste per week.
(2) Upon payment of the applicable fee, the Department shall provide the owner, tenant or person-in-charge of such home occupation, medical office / group medical center, or other residential office with a non-transferable certificate which shall be posted conspicuously on the front of such home occupation, medical office/group medical center, or other residential office. Such certificate shall indicate the annual expiration date for Department collection and disposal service.
(c) The placement in red bags of solid waste, to be collected and disposed of by the Department is prohibited. The Commissioner reserves the right to refuse to collect solid waste placed in such red bags.
(d) The owner, tenant, or person-in-charge of any hospital or nursing home occupying a special use building, or an eligible home occupation, medical office/group medical center, or other residential office in a building receiving Department collection and disposal service shall submit an application to the Commissioner requesting that the Department provide such owner, tenant, or person-in-charge ("applicant") of such special use building, home occupation, medical office/group medical center or other residential office in a building receiving Department collection and disposal service with collection and disposal service. The application shall be on a form provided by the Commissioner and shall not be modified by the applicant. The application shall require submission of the following information:
(1) the name and other identifying information concerning the applicant;
(2) where the applicant is an owner, tenant, or person-in-charge of a hospital or nursing home occupying a special use building, a certified copy of the New York City Tax Roll for the building;
(3) the mailing address of the hospital or nursing home occupying a special use building, or the home occupation, medical office/group medical center, or other residential office to which the Commissioner shall send any notice;
(4) in the case of a hospital or nursing home occupying a special use building, a written agreement in a form to be determined by the Commissioner, to pay the Department for disposal service on at least a monthly basis for prior services rendered, in accordance with a system of payment determined by the Commissioner, and in the case of a home occupation, medical office/group medical center, or other residential office, a written agreement in a form determined by the Commissioner to pay the Department on an annual basis for disposal services to be rendered. Such payment shall be based upon the rates set forth in subdivisions a and b of this section, as may be changed from time to time, and the estimate of solid waste as described hereinafter. Only money orders or checks drawn on a state or national bank located in the City of New York, or officers check of such bank will be accepted as payment. All such money orders and checks shall be made payable to the order of the "Department of Sanitation"
(5) in the case of a hospital or nursing home occupying a special use building, an estimate of the average total number of cubic years, of solid waste generated weekly by the building and the number of containers for which service is requested. Such estimate may upon submission be subject to review and recalculation by the Department, and periodic review and recalculation thereafter;
(6) in the case of a home occupation, medical office/group medical center, or other residential office, an estimate of the average total number of twenty gallon (20g) bags of solid waste, including designated recyclable materials separated in accordance with 16 RCNY § 1-09 (Residential Collection Service for Designated Recyclable Materials), generated per week;
(7) a statement by the applicant acknowledging that service is provided subject to compliance with these Rules and the availability and capacity of Department disposal facilities and necessary support resources and equipment, and that service may be interrupted in cases involving emergencies, including but not limited to those caused by snow or ice conditions. In the case of a home occupation, medical office/group medical center, or other residential office the statement shall also acknowledge that such applicant shall be subject to the Department's rules governing residential collection service for designated recyclable materials (16 RCNY § 1-09 of Department Collection rules). Such acknowledgements shall be deemed an express waiver of actual and consequential damages, or other losses of any kind resulting from any discontinuation or temporary interruption of service; and
(8) any other additional information required by the Department in order to provide collection and disposal service.
(e) Discontinuation of service; Enforcement.
(1) The Commissioner reserves the right to discontinue collection and disposal service to any hospital or nursing home occupying a special use building or home occupation, medical office/group medical center, or other residential office in the event that Department disposal facilities are unavailable or have insufficient disposal capacity five days after delivery of a written notice of such discontinuation to the owner, tenant or person-in-charge of the hospital or nursing home occupying a special use building, or home occupation, medical office/group medical center, or other residential office and to interrupt service to any hospital or nursing home occupying a special use building, or home occupation, medical office/group medical center, or other residential office immediately in the event of any emergencies, including, but not limited to, those caused by snow or ice conditions.
(2) The Commissioner also reserves the right to discontinue collection and disposal service to any hospital or nursing home occupying a special use building or home occupation, medical office/group medical center, or other residential office which fails to comply with the rules established pursuant to this section five days after delivery of a written notice of such discontinuation to the owner, tenant or person-in-charge of any hospital or nursing home occupying a special use building, or home occupation, medical office/group medical center, or other residential office.
(3) Pursuant to the authority granted to the Commissioner under subdivision k of § 16-120.1 of the Administrative Code of the City of New York, he/she shall suspend the use of the City's solid waste disposal system by any person licensed by the City or state to provide health, medical, pharmaceutical or laboratory services upon whom a notice of violation of § 16-120.1 of such code has been served pending a hearing on and a finding as to liability for the alleged violation in accordance with the provisions of such subdivision.
(f) Termination of service by a hospital or nursing home occupying a special use building, or a home occupation, medical office/group medical center, or other residential office. Any hospital or nursing home occupying a special use building, or home occupation, medical office/group medical center, or other residential office may request the termination of collection and disposal service by providing the Commissioner with a written request therefor, signed by the owner, operator, or person-in-charge of the hospital or nursing home occupying a special use building, or home occupation, medical office/group medical center, or other residential office, at least 7 business days prior to the date the hospital or nursing home occupying a special use building, or home occupation, medical office/group medical center, or other residential office desires such services to be terminated.