§ 4-44 Operation and Maintenance.

   (a)   For purposes of this section, "facility" shall mean an intermodal solid waste container facility.

   (b)   The facility shall be located at or adjacent to a rail yard, rail spur, industrial track or vessel facility.

   (c)   The handling of intermodal containers shall be conducted in a safe and sanitary manner so as to avoid any nuisance or other condition that could pose a danger to public health or safety.

   (d)   The facility shall handle intermodal containers in a manner consistent with the site plan and operating information submitted with the registration.

   (e)   There shall be sufficient space at the facility for transport vehicles to enter and exit safely.

   (f)   Trucks shall enter and exit the facility via lawful truck routes.

   (g)   All solid waste received at the facility for transport must be in intermodal containers at all times, including during receipt, storage and removal.

   (h)   All intermodal containers must meet the specification requirements set forth in 16 RCNY § 4-43.

   (i)   (1)   The facility, to the extent practicable, shall keep the following records for each intermodal container received and transported out of the facility:

         (i)   description of the solid waste in the intermodal container;

         (ii)   volume of the solid waste contained in the intermodal container;

         (iii)   the name of the solid waste management facility where the solid waste was loaded into the intermodal container; and

         (iv)   the destination of the intermodal container after it leaves the facility.

      (2)   Such records shall be maintained for a period of not less than three years and be readily available for inspection by a representative from the Department of Sanitation.

   (j)   All intermodal containers containing putrescible solid waste shall be removed within seventy-two hours of receipt.

   (k)   All intermodal containers must be removed from the facility by rail or vessel.

   (l)   Equipment used in the handling of intermodal containers shall be contained within the property line, and under no circumstances shall such equipment be stored on city streets.

   (m)   No transport vehicle required to be licensed or permitted pursuant to Title 20 of the Administrative Code of the City of New York shall deliver an intermodal container to a facility unless such transport vehicle is appropriately licensed or permitted.

   (n)   The Commissioner may waive one or more requirements of this section if he or she reasonably determines that such waiver would not be inconsistent with the purposes of this subchapter, and provided that such waiver is not otherwise contrary to law.

§ 4-45 Suspension and Revocation.

The Department of Sanitation specifically reserves the right, to the extent that it is not inconsistent with applicable federal, state or local laws, rules or regulations, to suspend such registration temporarily or to revoke it permanently after adequate notice, when the Commissioner or his/her designee has found that the holder of such registration has violated the terms of this subchapter.

§ 4-46 Severability.

The provisions of this subchapter shall be severable and if any phrase, clause, sentence, paragraph, subdivision or section of this subchapter, or the applicability thereof to any person or circumstance, shall be held invalid, the remainder of this subchapter and the application thereof shall not be affected thereby.

Subchapter E: Recycling Processing Facilities