§ 5-02 Rules of General Applicability.

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

   (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

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.

§ 5-03 Recording of Prepayment with Special Stamping Plate.

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.

§ 5-04 Weighing of Vehicle.

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.

§ 5-05 Standards for Measuring Vehicle Capacity.

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.

§ 5-06 Classification of Vehicle Bodies.

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.

§ 5-07 Operations.

   (a)   Every vehicle shall be maintained, operated, and used at all times only in full compliance with all applicable provisions of law, Federal, State, and local of the Sanitary Code and with all applicable rules and regulations and orders of all authorities, Federal, State and City having jurisdiction in the premises.

   (b)   Every vehicle shall be loaded at all times in such a manner and by such methods as to prevent the release or discharge of dust and to prevent spilling of materials upon sidewalks or roadways of streets and every operator of a vehicle shall remove immediately from sidewalks or roadways of streets all material spilled, littered, or thrown thereon in loading operations or in the handling and return of receptacles or while traveling.

   (c)   Materials loaded into vehicles shall be dumped or unloaded and disposed of only at points where disposal of the particular material may be made lawfully.

   (d)   The open top box type body of vehicle and containers on or in platform or panel type body vehicles shall be filled or loaded only to the limit of the cubic capacity assigned each and in no case above water level of box body or container; and no more than the number of containers called for by the permit or license shall be transported on or in the body of a vehicle transporting materials in containers.

   (e)   Operators of all types of vehicles shall exercise care at all times to prevent the making of unnecessary or avoidable noise in their operations.

   (f)   Each open top box type vehicle body shall be loaded only from front to rear and the partial load kept securely and fully covered at all times.

   (g)   Materials loaded in or upon vehicles shall not be re-worked, re-sorted, picked over, or rehandled while vehicle is on the streets and material shall not be transferred nor re-loaded from a vehicle while on the streets to or into any other vehicle, except that operators of Class 4 vehicles of the totally enclosed walk-in door type may sort materials only within and inside the body, during which periods the door or doors may be kept open. Operators of every class of vehicle shall not work, sort, pick over, or re-handle any materials after removal from the inside of premises served and before loading into vehicle body.

   (h)   Material shall not be carried at any time upon any vehicle other than solely within the vehicle body or solely within containers on or in the vehicle body when the permit or license applied for and issued is to carry materials in containers.

   (i)   After materials are dumped for disposal the vehicle body, whatever the type, and each container used, if the permit or license calls for containers,shall be emptied thoroughly and cleared of all loose materials.

   (j)   Each permittee or licensee shall clean and wash each vehicle and each container thoroughly inside and outside frequently so that each shall present a good appearance and be maintained free of dirt and offensive odors at all times.

   (k)   Ashes may be transported in Class 1 vehicles, but loads containing ashes will not be accepted for disposal at Department Destructors (incinerators). Except for ashes, Class 1 licensees shall not transport any materials specifically listed in any of the other five classes.

   (l)   Class 2, Class 4, Class 5, and Class 6 licensees shall each transport only the materials listed for the class for which a license was applied for and issued and no other materials.

   (m)   Class 3 permittees shall transport only materials originated and produced solely in the business operation of the permittee for which permit was issued and no other materials.

   (n)   If and when the Department has installed and in use scales at its disposal points and appropriate provision has been made for payment for reception and disposal of materials on a weight basis, the Commissioner reserves the right to require permittees and licensees desiring to use Department disposal points which must be used on a weight basis to pay the costs or fees for weighing each vehicle in the presence of the Commissioner's representative when the Commissioner determines that Department scales are not available for this purpose.

   (o)   Bodies of dead animals shall not be dissected outside of the premises from which removed, in the loading process, nor in the vehicle.

   (p)   All loading hoppers, doors, covers, or other closures of loading openings of all vehicles shall be kept closed and secured at all times excepting during actual loading through the particular opening.

   (q)   The two plates supplied for each vehicle by the Department of Consumer Affairs shall be kept securely affixed at the lower forward end of the body of the vehicle, one on each side of body, so placed to be visible at all times immediately above the required painted legend as to unladen vehicle weight and cubic capacity. The foregoing shall not apply to Class 3 vehicles nor to platform bodies of Class 4 and Class 5 vehicles. Class 3 vehicles shall affix the plates to sign required by 16 RCNY § 5-02(g) below the legend required by that section. Class 4 and Class 5 vehicles may display the plates either on the chassis or on the cab in a position and manner to make each readily visible.

   (r)   Each operator of a Class 3 vehicle shall display attached to the vehicle body the sign required by 16 RCNY § 5-02(g) at all times when the vehicle is transporting materials for which the permit was issued.

   (s)   Class 6 vehicle bodies shall not be loaded and shall not attempt to carry any material at any time above water level.

§ 5-08 Impoundment of Trucks or Vehicles.

   (a)   Definitions. 

      Commissioner. "Commissioner" shall mean the Commissioner of Sanitation or his authorized representative, the Chief Clerk of the Department.

      Department. "Department" shall mean the Department of Sanitation.

      ECB. "ECB" shall mean the Environmental Control Board of the City of New York.

      Operator. "Operator" shall mean the person operating the vehicle at the time of the dumping in violation of § 16-119 of the Administrative Code of the City of New York.

      Owner. "Owner" shall mean "owner" as defined in Section one hundred twenty-eight and in Subdivision three of Section three hundred eighty-eight of the Vehicle and Traffic Law.

      Person. "Person" shall mean any natural person, firm, copartnership, association or corporation.

   (b)   Redemption Procedure:

      (1)   Upon impoundment of any vehicle by the Department, the Commissioner shall notify the owner of such vehicle by certified mail that such vehicle is being held by the Commissioner. Such notification shall contain a brief description of the vehicle, the office at which an application to redeem the vehicle may be made, and a statement as to the applicable charges, fees, and penalties due.

      (2)   Except as specifically provided otherwise by law, whenever the Department impounds any vehicle, such vehicle shall not be released until the vehicle owner has complied with the following:

         (i)   submitted proof to the Commissioner, including but not limited to the registration for such vehicle issued by the appropriate agency, establishing to the Commissioner's satisfaction his or her identity as owner of the vehicle;

         (ii)   paid the prevailing removal charge and storage charge as specified in the notification set forth in paragraph (1) of this subdivision for each day or fraction thereof of the impoundment of such vehicle. The storage charge shall be fifteen dollars ($15.00) for each of the first two days, and ten dollars ($10.00) for each additional day thereafter;

         (iii)   where the vehicle is impounded pursuant to § 16-119(e) of the Administrative Code, paid a fee of two hundred dollars, or posted a bond or letter of credit in such amount, as payment or partial payment of cleaning costs for the illegally dumped material. If the Department estimates that its cleaning costs will be more than two hundred dollars, the Department may require as a condition of releasing the vehicle that such estimated costs be paid, or that a bond or letter of credit in the amount of such estimated costs be posted, as a condition of releasing the vehicle, provided the owner of the vehicle is notified of the estimated cleaning costs and the basis for such costs in the notification set forth in paragraph (1) of this subdivision. If the Department incurs no cleaning costs, or its actual costs are less than the amount collected by the Department pursuant to this subparagraph, the Department shall reimburse the owner and/or operator any amount collected in excess of the Department's actual costs. If the Department's actual cleaning costs are more than the amount paid pursuant to this subparagraph, the owner and/or operator shall be liable for such additional costs as provided for in § 16-119(e) of the Administrative Code. Such cleaning costs shall be determined by the total of the following charges: (A) hourly wages paid to those employees of the Department, including supervisory personnel, for the time actually expended in cleaning, and removing and disposing of the illegally dumped material from the property; (B) costs for the disposal of the illegally dumped material actually removed from the property by Department employees and that is delivered to and received at a Department disposal facility, or another facility that accepts solid waste for the purpose of subsequent transfer to another location for disposal, including the cost incurred by the Department to export the illegally dumped material for disposal out of the City at the time such material was removed from the property, as such cost is fixed contractually between the Department and a vendor providing export services to the Department; and (C) vehicle and equipment charge for any Department vehicle and equipment used to clean and remove the illegally dumped material determined by the fair market rental value of a comparable vehicle or equipment.

         (iv)   exhibited proof to the Commissioner that the ECB proceedings against the owner and operator, if the operator does not also own the vehicle, have been disposed of and that applicable penalties, if any, have been paid, or that a bond in the amount of Seven Thousand Five Hundred Dollars ($7,500) has been deposited with the ECB as security for the payment of any penalty prior to the final disposition of the ECB proceedings.

         (v)   Notwithstanding the provisions of this paragraph, the Commissioner may, in his or her discretion, waive requirements for payment of the removal charge, storage fee and/or cleaning costs prior to release of the vehicle where such vehicle is owned by a rental or leasing company and no violation was issued to such company or, if a violation was issued, the company has submitted proof that the violation was disposed of in the company's favor.

      (3)   Upon compliance with all of the provisions of paragraph (2) of this subdivision, the Commissioner shall issue a redemption form authorizing the person in whose name it has been issued to redeem his or her vehicle.

      (4)   Procedure for Refund of Charges and Fees. In the event that any underlying notices of violation issued to the owner or operator leading to the impoundment of the vehicle are dismissed by the ECB, then such owner shall be entitled to a refund of any fees paid to the Department or any agent of the Department under these rules upon written demand to the Department or agent of the Department, setting forth the amount claimed, the dates upon which such amounts were paid and furnishing a copy of the ECB decision, provided however, that in the event that the owner has been found not liable for the underlying violation leading to the impoundment of the vehicle but the operator has been found liable for such violation, the owner shall not be entitled to a refund of such fees.

      (5)   Failure to Redeem Impounded Vehicles. Any vehicle (other than a vehicle for which a forfeiture proceeding has been commenced pursuant to paragraph (2) of subdivision (e) of § 16-119 or paragraph (4) of subdivision (d) of § 16-464 of the Administrative Code) which is not redeemed and removed from City property pursuant to paragraphs (1), (2) and (3) of this subdivision within 10 days following the making of a request by the Commissioner's representative to remove it shall be deemed to be an abandoned vehicle pursuant to § 1224 of the Vehicle and Traffic Law and shall be disposed of by the Commissioner pursuant to such Law. Such request shall be sent by certified or registered mail, return receipt requested, to the registered owner of the vehicle, at the address contained on the registration of such vehicle.