When used in these Rules and Regulations and in any and all orders and directions issued under these Rules and Regulations, each of the following words, terms, or phrases shall have the sense or meaning prescribed by its definition:
Active customer. "Active customer" means an applicant who is in the process of establishing an APS account, or a permittee or licensee who has maintained an APS account in good standing with the department during the previous twelve months and has used such account to dispose of material at a department facility at least once within the preceding twelve month period.
Applicant. "Applicant" means a person requesting a permit or license required by § 20-332 of the Administrative Code.
Ashes. "Ashes" means cinders, coal and every other such substance which is left unconsumed by fire in stoves, furnaces, ranges, firepots, fireplaces, and other such places.
Automated payment system account or APS account. "Automated payment system account" or "APS account" means an account established by an applicant, permittee or licensee with the department in accordance with the procedures established in 16 RCNY § 2-06, wherein monies are deposited by such applicant, permittee or licensee to allow such person to dispose of materials at a department facility.
Commissioner. "Commissioner" means Commissioner of Sanitation.
Commissioner's representative. "Commissioner's representative" means any officer or employee of the Department designated by the Commissioner to act in the premises from time to time who, as well as the Commissioner may act directly or through assistants designated by him limited to the particular duties entrusted to them.
Department, DS or D.S. "Department, DS or D.S." means Department of Sanitation.
DS registered capacity. "DS registered capacity" means the volume in cubic yards assigned to the vehicle body of each permit or license vehicle.
Facility. "Facility" means any solid waste management facility owned or operated by the department.
Garbage. "Garbage" means every accumulation of both animal and vegetable matter that attends the preparation, decay, and dealing in, or storage of meat, fish, fowl, birds or vegetables, except swill.
Material. "Material" means in the generic sense, those materials defined in these Rules and Regulations or listed in § 20-332, Administrative Code, i.e., ashes or garbage, etc.; and, as the context indicates, a particular material of those defined or listed.
Operator. "Operator" means the person operating a permit or license vehicle who may also at times load or assist in loading it; and also all persons loading or dumping or emptying a permit or license vehicle.
Permit or license. "Permit or license" means the permission in writing of the Commissioner of Consumer Affairs required to be obtained under § 20-332 of the Administrative Code and which applies only to vehicle it describes and is not transferable to any other person or to any other vehicle.
Permit or license document. "Permit or license document" means the official writing issued by the Commissioner of Consumer Affairs evidencing the granting of a permit or license.
Permittee or licensee. "Permittee or licensee" means each person holding a permit or license issued by the Commissioner of Consumer Affairs under § 20-332, Administrative Code.
Person. "Person" means every and any individual, corporation, firm, joint stock association, unincorporated association, or partnership and each partner of a partnership.
Rubbish. "Rubbish" means solid waste material, accumulating or resulting from the use or occupancy of building or premises, such as paper, straw, excelsior, rags, bottles, old clothes, old shoes, tin cans, and other materials of a similar character; and waste material, other than ashes or garbage, which attends use or decay and accumulation from the occupancy of buildings or premises.
Swill. "Swill" means every accumulation of either or both animal or vegetable matter, liquid to any extent so that any of it runs when stirred or emptied in any manner from any container or receptacle (even though the accumulation may include also other materials whether herein defined or not or parts of other materials) that attends the preparation, decay and dealing in, or storage of meat, fish, fowls, birds or vegetables or fruit.
UNL VEH WT. "UNL VEH WT" means unladen vehicle weight.
Vehicle. "Vehicle" means the particular vehicle described in a license or permit, being the vehicle for which the permit or license was issued.
Water level.
(1) For open top box type vehicle bodies, "Water level" shall be the plane, parallel to a horizontal surface upon which the vehicle stands, passing through the lowest in height of the upper permanent edges of any of the sides or ends of the vehicle body, except that for Class 6 open top tank type vehicle bodies transporting swill water level shall be a plane four inches lower than that set under the foregoing.
(2) For permanently totally enclosed type vehicle bodies of Class 6 transporting swill "water level" shall be the plane, parallel to a horizontal surface upon which the vehicle stands, passing through a point four inches below the loading door sill lowest in height, except that if the vehicle body has been permanently totally enclosed by placing a superstructure upon an otherwise open top tank type body, water level shall be determined as defined above under paragraph (1) for Class 6 vehicle bodies.
The following provisions apply to all applicants and permittees or licensees, excepting only when otherwise indicated:
(a) Each applicant who is an active customer shall produce each vehicle for which a permit or license is requested for inspection and/or measurement and/or weighing at a time and place to be named by the Commissioner's representative. Failure of an applicant to produce any vehicle at the time and place fixed by the Commissioner's representative shall be deemed an abandonment of the application for permit or license for the vehicle or vehicles not produced at the time fixed, unless and until the vehicle or vehicles are produced at such subsequent time as the Commissioner's representative shall fix and no application will be advanced by the Department for issuance of permit or license until the vehicle or vehicles have been produced for the above purposes at the time and place fixed by the Commissioner's representative.
(b) After issuance of a permit or license, each permittee or licensee who is an active customer shall produce each vehicle for re-inspection and/or re-measurement and/or re-weighing at a place and time designated by the Commissioner's representative. Any vehicle that is not produced by such permittee or licensee for re-inspection and/or re-measurement and/or re-weighing shall not be allowed to dispose of materials at any facility.
(c) When upon re-inspection and/or re-measurement and/or re-weighing a vehicle that is owned by a permittee or licensee who is an active customer is found then by the Commissioner's representative not to be in compliance with these Rules and Regulations the permit or license for such vehicles may be suspended until remedial action by the permittee or licensee places the vehicle again in full compliance with these Rules and Regulations, or the Commissioner's representative may fix a time within which the permittee or licensee may place the vehicle in compliance with these Regulations. In the latter case, the permittee or licensee shall produce the vehicle for re-inspection and/or re-measurement and/or re-weighing at the expiration of the time allowed at the place designated by the Commissioner's representative. If the permit or license was suspended pending compliance, the permittee or licensee shall notify the Commissioner's representative when he deems the vehicle in compliance with these Rules and Regulations and thereupon the permittee or licensee shall produce the vehicle at the time and place designated by the Commissioner's representative for re-inspection and/or re-measurement and/or re-weighing. During any such time that a permit or license for a vehicle is suspended, such vehicle shall not be allowed to dispose of material at any facility.
(d) All vehicle wheels shall be equipped with pneumatic tires, but this provision shall not apply to Class 3 vehicles.
(e) Each vehicle of all classes shall have the name and business address of the permittee or licensee lettered legibly in letters and figures not less than eight inches in height on each side of the vehicle body or upon each door of the vehicle cab at all times.
(f) Each vehicle (except Class 3) shall have painted upon each side of the vehicle body well forward, in letters and figures not less than two inches in height, the following:
UNL VEH WT
DS REG CAP
POUNDS
CU YDS
DS REG CAP
POUNDS
CU YDS
(g) Each Class 3 vehicle shall be supplied at all times with a neatly lettered sign not less than 18 inches square bearing these legends arranged in three lines as follows:
UNL VEH WT
NOT TO EXCEED
TOTAL CU YDS
POUNDS
CONTAINERS
NOT TO EXCEED
TOTAL CU YDS
POUNDS
CONTAINERS
which sign shall be displayed as required by 16 RCNY § 5-07(q).
(h) All legends painted on the sides of the vehicle body shall be so placed to be visible at all times and not obscured by lowered hinged sideboards, or tarpaulin covers secured in place down the sides.
(i) Each operator of a vehicle shall have in his possession at all times the Department of Consumer Affairs permit or license document, State Motor Vehicle Registration Certificate for the vehicle, and chauffeur's license.
Permittees or licensees desiring to use Department of Sanitation disposal points in accordance with rules and regulations applicable to such use will be supplied for each permit or license vehicle an addressograph stamping plate for use in connection with recording of prepayments for reception and disposal upon a cubic yard basis and, when the Department has in operation at certain of these points scales to record net weights of loads for payment purposes, a different plate for use in such scales.
If an applicant desires to use Department disposal facilities at which material will be received only on a weight basis, he shall pay the cost or fees for weighing the vehicle in the presence of the Commissioner's representatives whenever the Commissioner determines that Department scales are not available for this purpose.
Cubic capacity of vehicle bodies and/or containers shall be determined by measurement by the Commissioner's representative, or in some cases such as standard totally enclosed bodies or standard containers the manufacturer's rated capacity may be accepted and adopted, but the Commissioner reserves the right to measure and calculate the cubic capacity of every body and container. Calculations shall be made to the hundredth of a cubic yard. When the calculated capacity contains a fraction not exceeding fifty one-hundredths (50/100) of a cubic yard, capacity shall be fixed at the whole number of cubic yards less the fraction. (When the fraction exceeds fifty one-hundredths of a cubic yard, capacity shall be fixed at the next higher whole number of cubic yards.) Calculations shall be made to the hundredth of a cubic yard. (When the fraction exceeds fifty one-hundredths of a cubic yard, capacity shall be fixed at the next higher whole number of cubic yards.) Class 4 and Class 5 vehicles however, will not be measured and therefore will not have cubic capacity determined and assigned.
To preserve and protect and promote public health and prevent the soiling and littering of the streets, the following classifications of vehicle bodies by the types of materials carried therein are made as the bases for prescribing, describing, and specifying the vehicle body of each class required to achieve the basic objectives of public health and clean, unlittered streets, to wit:
Class 1: Transportation of garbage or rubbish or garbage and rubbish;
Class 2: Transportation of ashes or manure;
Class 3: Transportation of materials (other than manure and those comprehended in Class 4, 5 or 6) originated and produced solely in the business operations of the owner of the vehicle;
Class 4: Transportation of dead animals, non-edible fats, bones, grease, offal, entrails, hoofs, and other refuse parts of animals, raw hides or uncured skins;
Class 5: Transportation of night soil, contents of cesspools, septic tanks, sinks, privies or vaults, and of other noxious or contaminated or polluted liquids;
Class 6: Transportation of swill.
(a) Class 1 – Vehicle body specifications.
(1) Bodies of vehicles of Class 1 licensee shall be:
(i) totally permanently enclosed,
(ii) of welded steel construction,
(iii) rear dumping,
(iv) loaded only from and through the rear end or the top of the totally permanently enclosed body (except as permitted by subparagraph (viii) below),
(v) so constructed that once garbage or rubbish or garbage and rubbish has been loaded none of such may be re-worked, sorted, handled, or removed from the body other than by dumping the load or partial load,
(vi) without any bulkhead or similar construction between the body and the vehicle cab,
(vii) without any provision whatsoever upon body or cab or other portions of the vehicle to provide for or permit the loading and carrying of any material otherwise than within the totally permanently enclosed vehicle body,
(viii) except that vehicle bodies may have side doors at the forward end of the body not larger than 36 inches by 36 inches for loading bulky materials which cannot be loaded through the rear or top loading openings,
(ix) constructed without doors or openings other than as permitted under subparagraphs (iv) and (viii) above, and
(x) having all loading openings of the vehicle body supplied with adequate doors or covers tightly fitted against rubber or other suitable gaskets and provided with latches or clamps to keep all doors and covers tightly closed when not in use for loading, leakproof, spillproof and dustproof.
(2) If a loading hopper is provided to load garbage or rubbish or garbage and rubbish through the top of the totally permanently enclosed body, such hopper and the mechanism and controls by which it is operated to deposit its contents within the totally enclosed body shall be so constructed, maintained, and operated to prevent any of the contents of such a loading hopper from being discharged in any manner, to any extent, at any time, other than into and within the totally permanently enclosed body.
(3) The body, cab and motor or engine hood of vehicles of Class 1 licensees may be painted any color other than white, beige or any shade thereof which resembles the color of collection vehicles owned or operated by the department.
(b) Class 2 – Vehicle body specifications: Bodies of vehicles of Class 2 licensees shall be either:
(1) totally enclosed, or
(2) box type open top with both sides and forward end built up solidly to the full water level loading height,
(3) constructed either of wood or steel or partly of wood and partly of steel,
(4) excepting that the forward end of a box type open top body may extend upward above the height of the two sides but only for a sufficient height to protect the cab, and
(5) provided, however, that whether the vehicle body be totally enclosed or box type open top, each shall be without any provision whatsoever upon the body or cab or other portions of the vehicle to provide for or permit the loading and carrying of any material otherwise than within the totally enclosed body or within the box type open body up to the height of the permanent sides or hinged or stake (removable) sideboards and tailgate; and
(6) provided further, however, that the tailgate of every box type open top vehicle body shall be always of a height of not less than that of the two long sides including in the height of the sides the height of hinged side boards, if any and of stake (removable) sideboards while in use; and
(7) provided further, however, that each box type open top vehicle body shall be provided at all times with a heavy tarpaulin cover permanently attached at the front end of the vehicle body, long enough and wide enough to completely cover the vehicle body when fully loaded and extended three-quarters of the way down each side and the rear end or tailgate, having heavy rope or leather or canvas ties at not more than two foot intervals along the bottom of each of the three sides and along the parts of the front end not permanently attached to the vehicle body, and the vehicle body shall have suitable attachments to which to secure the ties of the tarpaulin cover.
(c) Class 3 – Vehicle body specifications: Bodies of vehicles of Class 3 permittees may be either:
(1) panel type closed, or
(2) box type open top, or
(3) platform, or
(4) stake, or
(5) rack types,
(6) provided:
(i) no material shall be carried on a platform or stake or rack vehicle body excepting when and while it is contained entirely in and within metal or wood or corrugated containers;
(ii) garbage or rubbish or garbage and rubbish shall be carried in any type vehicle body only when and while all such is contained entirely in and within metal containers; (iii) only materials originated and produced in the business operations of the permittee shall be transported at any time in the vehicles of Class 3 permittees;
(iv) when containers of materials are carried and transported upon or in box type open top or platform or stake or rack type bodies each and every container shall be tightly covered at all times to prevent any spillage or overflow, or such type body shall be provided at all times with a heavy tarpaulin cover permanently attached at the front end of the vehicle body, long enough and wide enough to completely cover the vehicle body when fully loaded and extend three-quarters of the way down each side and the rear end or tailgate of open top box type or long enough and wide enough to entirely cover the load on platform, stake, or rack types and be fastened to the sides and rear of the platform of any of these latter three types, having heavy rope or leather or canvas ties at not more than two foot intervals along the bottom of each of the three sides and along the parts of the front end not permanently attached to the vehicle body, and the vehicle body shall have suitable attachments to which to secure the ties of the tarpaulin cover; and
(v) provided further, however, ashes, manure, swill, fats, bones, grease, or uncured hides, or night soil, contents of sinks, privies, vaults, or cesspools, or liquids shall not be carried or transported in the vehicles of Class 3 permittees at any time.
(d) Class 4 – Vehicle body specifications: Bodies of vehicles of Class 4 licensees shall be either:
(1) totally permanently enclosed of welded steel construction, or
(2) totally permanently enclosed of wood construction,
(3) supplied with doors for loading or unloading fitted tightly against rubber or other suitable gaskets and supplied with adequate clamps or latches to keep each door tightly closed at all times when not open for actual loading,
(4) with body floor constructed to prevent any leakage from materials loaded, handled or thrown upon the floor, and if sump pit be provided, it shall be so constructed and maintained as to prevent leakage or spillage to the streets and to be readily emptied, cleaned and sterilized, provided, however
(5) that grease shall be carried only within the body and only in metal containers with individual tight fitting metal covers or in built-in leak proof covered metal containers or bins, both types of containers so constructed and maintained as to be readily emptied and thoroughly cleaned and sterilized,
(6) provided further, however, that Class 4 licensees may use a platform type vehicle body of steel construction upon which are set and carried welded steel containers supplied with either metal covers fitting tightly against rubber or other suitable gaskets with latches or similar locking devices so constructed and maintained to keep the covers tight when container is not being loaded or a heavy tarpaulin cover long enough and wide enough to completely cover the fully loaded containers, tarpaulin to extend down each of the four sides of containers at least one foot, having heavy rope or leather or canvas ties at not more than eight-inch intervals along the lower edges of the cover, and each container having suitable attachments to secure the ties of the tarpaulin cover,
(7) provided further, however, that Class 4 licensees may use only for chute loading from slaughter houses a box type open top body, having a heavy tarpaulin cover long enough and wide enough to completely cover the top of the vehicle body when fully loaded and extend at least one foot down each side and front and rear end or tailgate, having heavy rope or leather or canvas ties at not more than two-foot intervals along the bottom edges and the body having suitable attachments to secure the ties of the tarpaulin cover,
(8) provided further, however, that large dead animals may be carried in a box type open top body, having a heavy tarpaulin cover long enough and wide enough to completely cover the vehicle body when fully loaded and extend at least one foot down each side and front and rear end or tailgate, having heavy rope or leather or canvas ties at not more than two-foot intervals along the bottom edges and the body having suitable attachments to secure the ties of the tarpaulin cover,
(9) provided further, however, that small dead animals shall be carried only entirely within the vehicle body of one of the enclosed types described above in paragraphs (1), (2), (3) and (4) of this subdivision (d),
(10) and provided further, however, that each and every vehicle body of each Class 4 licensee, in addition to all of the above requirements and descriptions shall be so constructed and maintained at all times so that all materials carried may be readily removed and the entire interior or platform cleaned and sterilized and so as to prevent at all times while on the streets any and all leakage or spillage from or of the material carried.
(e) Class 5 – Vehicle body specifications: Bodies of vehicles of Class 5 licensees shall be either:
(1) (i) totally enclosed tank type of welded steel construction,
(ii) having a loading opening in the top and discharge opening in the bottom of the tank,
(iii) each opening supplied with a welded steel cover or closure with rubber or other suitable gasket making a seal to prevent all spillage or overflow while on the streets,
(iv) each cover or closure having an opening within it to take the loading or discharge hose,
(v) each such opening or closure having rubber or other suitable gasket fitted tightly for the full circumference of each hose opening and against each hose to firmly grasp and hold each hose tightly in place when in use,
(vi) each hose opening provided with cover fitting tightly against the gasket to seal entirely each hose opening when not in use; or
(2) (i) platform, rack stake, or steel dump trucks upon which is suitably mounted a welded steel tank,
(ii) having a loading opening in the top and discharge opening at the lower rear,
(iii) the tank so mounted on the truck body to prevent soiling of the truck body or of the streets,
(iv) each loading and discharge opening supplied with a welded steel cover or closure tightly fitted against rubber or other suitable gasket making a seal to prevent all spillage or overflow while on the streets,
(v) each cover or closure having an opening within it to take the loading or discharge hose,
(vi) each such opening having rubber or other suitable gasket fitted tightly for the full circumference of each hose opening and against each hose to firmly grasp and hold each hose tightly in place when in use,
(vii) each hose opening provided with cover fitting tightly against the gasket to seal entirely each hose opening when not in use; Provided, however, either type [(1) or (2)] above may have in lieu of the covers prescribed for loading and discharge openings suitable valves for these openings which while permitting the insertion of attachment of loading or discharge hose shall be so constructed, maintained, and operated as to make both openings and hose connections tight and leak proof at all times.
(f) Class 6 – Vehicle body specifications. Bodies of vehicles of Class 6 licensees shall be:
(1) totally permanently enclosed of one of the types prescribed and described,
(2) each type of welded steel construction,
(3) entirely leak proof,
(4) if of the type loaded through the top without using a loading hopper first filled at the lower rear:
(i) all sides and ends including the rear shall be built up solidly to the full water level height of the box body,
(ii) loading openings placed in any arrangements or positions as desired, but only in the superstructure of the body above water level of the box body, the door or covers of all openings to be fitted tightly against rubber or other suitable gaskets and having latches or clamps to lock them securely at all times except during loading,
(iii) the superstructure so constructed above the box body that when the loading openings in it are closed, the superstructure shall entirely enclose and cover the vehicle body above water level,
(5) if of the type loaded through the top using a loading hopper first fill at the lower rear, such hopper and the mechanism and controls by which it is operated to deposit its contents within the totally enclosed body shall be so constructed, maintained, and operated to prevent any of the contents of such a loading hopper from being discharged in any manner, to any extent, at any time, other than into and within the totally permanently enclosed body,
(6) if of a type loaded through the sides of the totally enclosed body, the lower level or sill of the side loading door or opening shall be above water level of the entire body,
(7) if provided with any tailgate or other opening for discharge or unloading, the tailgate or other closure of such discharge or unloading opening shall be fitted tightly against rubber or other suitable gaskets and have not less than four approved type locking devices, manually operated, all to hold the tailgate or other closure fast to the body and keep the discharge or unloading opening water tight and entirely leak proof at all times while the vehicle is on the streets.
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