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.
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