Subchapter A: General Provisions
For the purposes of this chapter, the following terms have the following meanings:
Administrative law judge. The term "administrative law judge" means any person designated by the Commission, by the Office of Administrative Trials and Hearings, or by any other administrative tribunal of competent jurisdiction to conduct a hearing pursuant to 17 RCNY § 1-03, including a hearing officer as defined in 48 RCNY § 6-01.
Applicant. The term "applicant" means, if a business entity submitting an application for a license, or for exemption from the licensing requirement of § 16-505 of the Code, or for registration pursuant to this chapter, the entity and each principal thereof.
Awardee. The term “awardee” means an entity with whom the Department of Sanitation enters into an agreement for the provision of commercial waste collection services pursuant to § 16-1002 of the Administrative Code.
Bicycle. The term "bicycle" means: (i) a two or three wheeled device upon which a person or persons may ride, propelled by human power through a belt, a chain or gears; (ii) a "pedal-assist bicycle" as defined in 34 RCNY § 4-01 or as otherwise defined by the Department of Transportation; or (iii) any other device upon which a person or persons may ride, as defined by the rules of the Department of Sanitation.
Code. The term "Code" means the Administrative Code of the City of New York.
Commission. The term "Commission" means the Business Integrity Commission as established by § 16-502 of the Code and Section 2100 of the Charter. Except in regard to a determination to refuse to issue a license pursuant to § 16-509 of the Code, the term "Commission" shall also refer to an action of the Chair of the Commission, taken under delegation from the Commission pursuant to § 16-504 of the Code.
Container. The term "container" means any receptacle that is used to collect waste or recyclables for disposal and which generally is not disposed of after such use.
Crash. The term "crash" means a traffic incident involving the impact of a vehicle with another vehicle, person or property. A crash includes, but is not limited to, those events referenced as "incidents" and "accidents" by the Vehicle and Traffic Law.
Default penalty. The penalty imposed when the respondent fails to appear at the hearing in response to a summons or otherwise respond to a summons.
Designated carter. The term “designated carter” or “carter” means a licensee that is authorized to provide commercial waste collection services pursuant to an agreement between an awardee and the Department of Sanitation entered into pursuant to § 16-1002 of the Administrative Code. The term “designated carter” may describe the awardee or another licensee that the awardee has designated to fulfill the terms of such agreement as specified therein, and provided further that notwithstanding any other provision of this section, the term “designated carter” may also include a person that the awardee has designated to fulfill the terms of such agreement as specified therein who is operating in accordance with the provisions of Title 16-A of the Administrative Code and the rules promulgated pursuant to such title and who is authorized by the commission to collect certain categories of commercial waste without a license.
Designated recyclable materials. The term "designated recyclable materials" means materials that have been designated for recycling by the Department of Sanitation in 16 RCNY § 1-10(a).
Exempt business. The term "exempt business" means a business granted an exemption from the licensing requirements of subdivision a of § 16-505 of the Code and issued a registration pursuant to subdivision b of such section.
Final implementation date. The term “final implementation date” means the last day of the transition period.
First violation penalty. The penalty imposed for the first violation of a provision of law or rule committed by the respondent within a two-year period.
Former principal. The term "former principal" means a person or entity which was formerly a principal of the applicant business at any time during the ten year period preceding the filing of an application or registration pursuant to this chapter.
Labor union or labor organization. "Labor union" or "labor organization" shall mean a union or organization that represents or seeks to represent for purposes of collective bargaining employees directly involved in the collection, removal, transportation or disposal of trade waste.
Licensee. The term "licensee" means a business issued a license by the Commission.
Material change. The term "material change" means a change in any information provided in response to an item identified by an asterisk on an application or disclosure form submitted to the Commission.
Micro-hauler. The term "micro-hauler" means any person that does not dispose of waste at a solid waste transfer station and either: (1) collects less than 2,600 tons of source separated organic waste from commercial establishments per year and collects such waste exclusively using bicycles; or (2) collects less than 500 tons of source separated organic waste from commercial establishments per year and collects such waste using exclusively (i) a zero emissions vehicle that has a gross vehicle weight rating of not more than 14,000 pounds or (ii) any other mode of transport specified in the rules of the Department of Sanitation.
Micro-hauler licensee. The term "micro-hauler licensee" means a licensee that is issued a micro-hauler license by the Commission.
Mitigated penalty. The reduced penalty imposed for violations that may be eligible for a lower penalty or zero penalty, provided that the respondent establishes and the Commission accepts that the violating condition has been corrected on or before the hearing date listed on the summons or the due date marked on a Commission order. Violations that are eligible for mitigated penalties and the corresponding penalty amounts are indicated on the penalty schedule.
Officer. "Officer" shall mean any person holding an elected position or any other position involving participation in the management or control of a labor union or labor organization required to register pursuant to § 16-505 of the Code.
Organic Waste. The term "Organic Waste" has the same meaning as set forth in § 16-303 of the Administrative Code of the City of New York, except that organic waste does not include food that is donated to a third party, food that is sold to farmers for feedstock, or meat byproducts that are sold to a rendering company.
Penalty schedule. The term "penalty schedule" means the schedule adopted by the Commission that sets forth the penalties to be imposed for violations of Chapter 1 of Title 16-A of the Code or 17 RCNY Chapter 1.
Position. The term "position" in a trade association means an officer, member of the board of directors, partner, trustee, shareholder holding ten percent (10%) or more of the outstanding shares of stock in such association, or administrator, business agent or other status involving participation directly or indirectly in the management or control of such association.
Principal. The term "principal" means, of a sole proprietorship, the proprietor; of a corporation, every officer and director and every stockholder holding ten percent or more of the outstanding shares of the corporation; of a partnership, all the partners; if another type of business entity, the chief operating officer or chief executive officer, irrespective of organizational title, and all persons or entities having an ownership interest of ten percent (10%) or more; and with respect to all business entities, all other persons participating directly or indirectly in the control of such business entity. Where a partner or stockholder holding ten percent (10%) or more of the outstanding shares of a corporation is itself a partnership, or a corporation, a "principal" also includes the partners of such partnership or the officers, directors and stockholders holding ten percent (10%) or more of the outstanding shares of such corporation, as is appropriate. For the purposes of this chapter (1) an individual is considered to hold stock in a corporation where such stock is owned directly or indirectly by or for (i) such individual; (ii) the spouse of such individual (other than a spouse who is legally separated from such individual pursuant to a judicial decree or an agreement cognizable under the laws of the state in which such individual is domiciled); (iii) the children, grandchildren and parents of such individual; and (iv) a corporation in which any of such individual, the spouse, children, grandchildren or parents of such individual in the aggregate own fifty percent (50%) or more in value of the stock of such corporation; (2) a partnership is considered to hold stock in a corporation where such stock is owned, directly or indirectly, by or for a partner in such partnership; and (3) a corporation is considered to hold stock in a corporation that is an applicant as defined in this section where such corporation holds fifty percent (50%) or more in value of the stock of a third corporation that holds stock in the applicant corporation.
Qualified Inspector. The term "qualified inspector" means an individual who meets the qualifications set forth in Part 396.19 of Title 49 of the Code of Federal Regulations.
Recyclables. The term "recyclables" means those materials defined in subdivision i of § 16-303 of the Code.
Registrant. The term "registrant" means a business, labor union, or labor organization required to be registered with the Commission or issued a registration from the Commission. "Class 1 Registrant" means a business required to register pursuant to subdivision b of § 16-505 of the Code in order to remove, collect or dispose of trade waste that is generated in the course of operation of such business. "Class 2 Registrant" means a trade waste broker required to register with the Commission and an exempt business issued a registration by the Commission pursuant to such subdivision. "Class 3 Registrant" means a labor union or labor organization required to register pursuant to subdivision c of § 16-505 of the Code.
Repeat violation penalty. The penalty imposed for the second and each subsequent violation committed by the same respondent, in relation to the same provision of law or rule, within a two-year period of a prior violation. For violations of subdivisions a or b of § 16-505, repeat penalties will be imposed, in addition to any actions taken by the Commission pursuant to 17 RCNY § 1-04.
Respondent. The term "respondent" means the person or entity against whom the charges alleged in a summons have been filed.
Side guard. The term "side guard" means a lateral protective safety device fit to the side of a trade waste hauling vehicle that is designed to prevent pedestrians and bicyclists from falling into the exposed space between the front axle and the rear axle of such vehicles and with additional specifications as may be established by the Commission pursuant to Administrative Code § 16-526(c)(3).
Single stream collection and recycling. "Single stream collection and recycling" means a system in which designated recyclable metal, glass and plastic, and designated recyclable paper, are placed in the same bags or bins by the generator. Such bags and/or the contents of such bins are placed into one waste hauling truck, separate from solid waste and organic waste, and are delivered directly to a recycling processing facility. Such recycling processing facility must be designed to receive, separate and process for reuse or sale commingled loads of designated recyclable metal, glass and plastic, and designated recyclable paper.
Summons. The term "summons" means a document, including a notice of violation, issued by the Commission to a Respondent, which specifies the charges forming the basis of an adjudicatory proceeding before an administrative law judge.
Trade association. The term "trade association" means an entity having as a primary purpose the promotion, advancement or self-regulation of businesses that remove, collect or dispose of trade waste, including but not limited to a corporation, unincorporated association, partnership, trust or limited liability company, whether or not such entity is organized for profit, not-for-profit, business or non-business purposes.
Trade waste or waste. The term "trade waste" or "waste" means:
(1) all putrescible and non-putrescible materials or substances, except as described in paragraph (2) of this subdivision, that are discarded or rejected by a commercial establishment required to provide for the removal of its waste pursuant to § 16-116 of the Code as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to garbage, refuse, street sweepings, rubbish, tires, ashes, contained gaseous material, incinerator residue, construction and demolition debris, medical waste, offal and any other offensive or noxious material. Such term shall also include recyclable materials and organic waste as defined in § 16-303 of the Code that are generated by such commercial establishments.
(2) The following are not "trade waste" or "waste" for purposes of this chapter: sewage; industrial wastewater discharges; irrigation return flows; radioactive materials that are source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended, 41 U.S.C. §§ 2011 et seq.; materials subject to in-situ mining techniques which are not removed from the ground as part of the extraction process; and hazardous waste as defined in section 27-0901 of the Environmental Conservation Law.
Trade waste broker. The term "trade waste broker" means a person or entity who for a fee brokers agreements between consumers and providers of trade waste removal, collection or disposal services or who conducts evaluations or analyses of the waste stream of such consumers in order to recommend cost efficient means of waste disposal or other changes in related business practices.
Trade Waste Hauling Vehicle. The term "trade waste hauling vehicle" means any motor vehicle with a manufacturer's gross vehicle weight rating exceeding 10,000 pounds that is owned or operated by an entity that is required to be licensed or registered by the Commission pursuant to § 16-505 of the Administrative Code, and that is operated in New York City for the collection, removal, transportation or disposal of trade waste. "Trade waste hauling vehicle" does not include any specialized vehicle or vehicle type on which side guard installation is deemed impractical by the Commission in accordance with Administrative Code § 16-526(c)(3).
Transition period. The term “transition period” means the period between the implementation start date established by the Department of Sanitation for a commercial waste zone and the final implementation date established by such Department for such zone.
Vehicle. The term "vehicle" does not include any bicycle used by a micro-hauler to collect organic waste from a commercial establishment.
Volpe Side Guard Standard. The term "Volpe Side Guard Standard" means the United States Department of Transportation's Volpe Side Guard standard published and referred to as "U.S. DOT Standard DOT-VNTSC-OSTR-16-05", as amended, or a functionally equivalent national vehicle Side Guard standard, as determined by the Commission.
(Amended City Record 7/7/2016, eff. 8/6/2016; amended City Record 7/10/2018, eff. 8/9/2018; amended City Record 10/17/2018, eff. 11/16/2018; amended City Record 7/23/2019, eff. 7/23/2019; amended City Record 7/7/2021, eff. 8/6/2021; amended City Record 9/30/2022, eff. 10/30/2022; amended City Record 3/27/2023, eff. 4/26/2023; amended City Record 8/1/2024, eff. 8/31/2024)
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