General Provisions

RCNY tit. 17, ch. 1, subch. A

in effect

17 RCNY § 1-01 Definitions.

§ 1-01 Definitions. 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 Covered Establishment. The term "Designated Covered Establishment" means any commercial establishment identified by the Department of Sanitation in Subdivision (a) of 16 RCNY § 1-11 as being a "designated covered establishment" pursuant to § 16-306.1(b) of the Code. 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)

17 RCNY § 1-02 Notice.

§ 1-02 Notice. Unless otherwise provided, all notice, pursuant to this chapter, including but not limited to notice related to hearings, violations, summonses, and subpoena, may be served by first class mail addressed to the business address. All such notice served on an employee or agent may be served by first class mail. Such notice may also be served by personal service, e-mail, or in any other manner reasonably calculated to achieve actual notice, including but not limited to any method authorized in the Civil Practice Law and Rules. (Amended City Record 3/6/2018, eff. 4/5/2018; amended City Record 8/1/2024, eff. 8/31/2024)

17 RCNY § 1-03 Hearings.

§ 1-03 Hearings. (a) A hearing conducted pursuant to this chapter may be conducted by the Commission or, in the discretion of the Commission, by an administrative law judge employed or designated by the Commission, by the Office of Administrative Trials and Hearings (OATH) or by other administrative tribunal of competent jurisdiction. All such hearings shall be conducted following the procedures set forth in the rules of OATH (such as 48 RCNY §§ 1-01 et seq. or §§ 6-01 et seq.). If a hearing is conducted by an administrative law judge employed or designated by the Commission, by OATH, or by other administrative tribunal, such administrative law judge shall make recommended findings of fact and a recommended decision to the Commission, which shall make the final determination. (b) Any person who appears for a licensee or registrant at a hearing pursuant to this chapter must present evidence that he or she is authorized to act as the representative of such licensee or registrant for all purposes related to the conduct of the hearing and the disposition of the matter adjudicated in the hearing. (Amended City Record 3/6/2018, eff. 4/5/2018; amended City Record 3/27/2023, eff. 4/26/2023)

17 RCNY § 1-04 Penalties.

§ 1-04 Penalties. In addition to any other penalty provided by law: (a) Except as otherwise provided in subdivision b or subdivision c of this section, any person who violates any provision of this chapter or of Chapter 1 of Title 16-A of the Code shall be liable for a civil penalty which shall not exceed ten thousand dollars ($10,000) for each such violation. Such civil penalty may be recovered in a civil action or pursuant to the provisions of subdivision a of 17 RCNY § 1-03. (b) Any person who violates subdivision a of § 16-505 of the Code shall, upon conviction thereof, be punished for each violation by a criminal fine of not more than ten thousand dollars for each day of such violation or by imprisonment not exceeding six months, or both; and any such person shall be subject to a civil penalty of not more than five thousand dollars ($5,000) for each day of such violation which may be recovered in a civil action or pursuant to the provisions of subdivision a of 17 RCNY § 1-03; and (c) Any person who violates subdivision b of § 16-505 of the Code or any rule pertaining thereto, including rules pertaining to the display of license plates issued by the Commission, shall, upon conviction thereof, be punished by a civil penalty not to exceed one thousand dollars ($1,000) for each such violation which may be recovered in a civil action or pursuant to the provisions of subdivision a of 17 RCNY § 1-03 of this chapter. (d) Specific penalties for violations of this chapter and Title 16-A of the Code are listed in the penalty schedule in Appendix A to this subchapter. (e) The corporation counsel is authorized to commence a civil action on behalf of the city for injunctive relief to restrain or enjoin any activity in violation of this chapter and for civil penalties. (f) (1) In addition to any other penalty prescribed in this section for the violation of subdivisions a or b of § 16-505 of the Code, or when there have been three or more violations of the provisions herein within a three year period, the Commission shall, after notice and the opportunity to be heard have been provided, be authorized: to order any person in violation of such provisions immediately to discontinue the operation of such activity at the premises from which such activity is operated; to order that any premises from which activity in violation of such provisions is operated shall be sealed, provided that such premises are used primarily for such activity; and to order that any vehicles or other devices or instrumentalities utilized in the violation of such provisions shall be removed, sealed, or otherwise made inoperable. An order pursuant to this paragraph shall be mailed to and posted at the premises from which activity in violation of such provisions occurs. (2) Ten days after the posting of an order issued pursuant to paragraph (1) of this subdivision, this order may be enforced by any person so authorized by § 16-517 of the Code. (3) Any vehicle or other device or instrumentality removed pursuant to the provisions of this section shall be stored in a garage, pound or other place of safety and the owner or other person lawfully entitled to the possession of such item may be charged with reasonable costs for removal and storage payable prior to the release of such item. (4) A premise ordered sealed or a vehicle or other device or instrumentality removed pursuant to this section shall be unsealed or released upon payment of all outstanding fines and all reasonable costs for removal and storage and, where the underlying violation is for unlicensed or unregistered activity, that a license has been obtained or a business registered or proof satisfactory to the Commission that such premise or item will not be used in violation of subdivision a or b of § 16-505 of the Code. (5) It shall be a misdemeanor for any person to remove the seal from any premises or remove the seal from or make operable any vehicle or other device or instrumentality sealed or otherwise made inoperable in accordance with an order of the Commission. (6) A vehicle or other device or instrumentality removed pursuant to this section that is not reclaimed within ninety days of such removal by the owner or other person lawfully entitled to reclaim such item shall be subject to forfeiture upon notice and judicial determination in accordance with provisions of law. Upon forfeiture, the Commission shall, upon a public notice of at least five days, sell such item at public sale. The net proceeds of such sale, after deduction of the lawful expenses incurred, shall be paid into the general fund of the City. (g) Notwithstanding the penalties provided in this section, violating provisions of this chapter may be grounds for a refusal to issue a license or registration pursuant to § 16-509 of the Code or revocation or suspension of a license or registration pursuant to § 16-513 or § 16-514 of the Code. (Amended City Record 3/3/2020, eff. 4/2/2020; amended City Record 3/27/2023, eff. 4/26/2023; amended City Record 8/1/2024, eff. 8/31/2024)

17 RCNY § 1-05 Liability for Violations.

§ 1-05 Liability for Violations. A business required to be licensed or registered pursuant to § 16-505 of the Code shall be liable for violations of any of the provisions of Chapter 1 of Title 16-A of the Code or any provision of this chapter committed by any of its employees or agents. (Amended City Record 3/27/2023, eff. 4/26/2023)

17 RCNY § 1-06 Supplemental Disclosure.

§ 1-06 Supplemental Disclosure. (a) In addition to the items set forth in clauses (a) through (m) of Paragraph (ii) of Subdivision b of § 16-508 of the Code, disclosure by the applicant must include the following: (1) information concerning any involvement of applicant in unlawful activities, including without limitation the making, creation, or filing of false statements or records, violations of the Taft-Hartley Act, 29 U.S.C. § 186 or other provisions concerning payments to a labor union official or representative, agreements not to compete with a business, bribery, or participation in other anti-competitive or corrupt business practices, and contacts with members and associates of organized crime; (2) a listing of any criminal or civil investigation by a Federal, State, or Local prosecutorial agency, or investigative agency, in the five (5) year period preceding the filing of an application for a license or registration, pursuant to this chapter, wherein applicant has been granted immunity, or entered into a consent decree, order, or similar agreement, except where such disclosure is protected by Subdivision 16 of Section 296 of Article 15 of the New York State Executive Law; (3) a listing of accounts held by the applicant business, during the five (5) year period preceding the filing of an application for a license or registration, pursuant to this chapter, with banks, credit unions, brokerage firms, and similar entities, and of the amounts held therein in the form of an identification of range of dollar value; (4) a listing of any bankruptcy proceedings in which applicant or any predecessor trade waste business of applicant, as such term is defined in § 16-508 of the Code, was a debtor or any proceedings involving forfeiture, receivership, or independent monitoring, in which applicant or any predecessor trade waste business of applicant was a party or participated in during the ten (10) year period preceding the filing of an application for a license or registration, pursuant to this chapter; (5) information concerning the acquisition, sale, assignment, or loss of routes or customers by the applicant during the ten (10) year period preceding the filing of the application; and (6) information concerning the involvement and participation of the applicant in the activities of trade associations, including but not limited to payment of dues, attendance at meetings, participation in committee work or other decision-making processes, and use of or reliance upon the trade association to facilitate business transactions or resolve business disputes. (b) In addition to the items set forth in clauses a through m of Paragraph (ii) of Subdivision b of § 16-508 of the Code and in Subdivision a of this section, the applicant business must include in the form submitted by it to the Commission the following information with respect to each of its former principals: (1) The items set forth in clauses g, h, i, j, and l of Paragraph (ii) of Subdivision b of § 16-508 of the Code, pertaining to the period during which the former principal was a principal of the applicant business; and (2) The items set forth in Paragraphs (1), (2), (5), and (6) of Subdivision (a) of this section pertaining to the period during which the former principal was a principal of the applicant business. (c) With respect to disclosure under Subdivision (b) of this section, the applicant business must supply a certification, sworn and certified under penalty of criminal prosecution, that such information is complete and accurate to the best of its knowledge and belief and has been prepared based upon a diligent search of all business and other records in its possession or control. (d) Paragraphs a, b, and c of this section do not apply to an applicant for a micro-hauler license. (Amended City Record 3/6/2018, eff. 4/5/2018; amended City Record 7/7/2021, eff. 8/6/2021)

17 RCNY § 1-07 Enforcement and Compliance.

§ 1-07 Enforcement and Compliance. The Commission may conduct lawful inspections to ensure compliance with this chapter. Such inspections may include, but need not be limited to, the inspection and audit of records required to be kept pursuant to this chapter, as well as accompanying a licensee on its collection routes and a licensee or registrant to transfer stations, recycling facilities, organic waste processing facilities, dumps and when transferring waste to other vehicles, in order to determine compliance with the provisions of this chapter and Chapter 1 of Title 16-A of the Code. A licensee shall, upon request by the Commission, provide the Commission with a list of its collection routes and schedules. (Amended City Record 7/7/2016, eff. 8/6/2016)

17 RCNY § 1-08 Investigation of Customer Complaints.

§ 1-08 Investigation of Customer Complaints. (a) In addition to any other investigations, the Commission may conduct an investigation into any complaint by a commercial establishment alleging violations of the provisions of Chapter 1 of Title 16-A of the Code or any provision of this chapter. The Commission may, in the course of such investigation, issue subpoenas, take depositions under oath, conduct hearings and use such other means as the Commission determines will assist such investigation, including but not limited to interviews with the complainant and other persons who may have knowledge of the facts involved in the complaint and assisting a customer in verifying the measurement of such customer's waste. The Commission may direct that a licensee conduct a waste stream survey in connection with its investigation. (b) Where the Commission determines that evidence exists to support a complainant's allegations, the Commission may seek redress of injuries to the complainant as well as penalties as provided in 17 RCNY § 1-04. Such redress and penalties may be sought in a hearing conducted pursuant to 17 RCNY § 1-03, or, if the parties agree, redress may be sought in an informal proceeding. Such a hearing or proceeding may include testimony by the complainant as well as evidence presented by the Commission. (c) Any resolution of a complaint by a customer prior to a hearing or proceeding shall be submitted to the Commission for its review and approval. Where the Commission disapproves such a resolution, the Commission may continue to seek penalties regarding any violation by the licensee underlying the customer complaint.

17 RCNY § 1-09 General Prohibitions.

§ 1-09 General Prohibitions. In addition to any other prohibition contained in Chapter 1 of Title 16-A of the Code or this chapter, an applicant, a licensee, a registrant, a principal of a licensee or a registrant, or an employee required to make disclosure, pursuant to § 16-510 of the Code as listed in Appendix A of Subchapter C of this chapter must not: (a) violate or fail to comply with an applicable provision of this chapter; (b) associate with a person whom such person knows or should know is a member or associate of an organized crime group (a person who has been identified by a federal, state, or local law enforcement agency as a member or associate of an organized crime group shall be presumed to be a member or associate of an organized crime group); (c) refuse to answer an inquiry from the Commission; (d) violate or fail to comply with any order or directive of the Commission; (e) fail to appear, to be examined, or to provide testimony under oath to the Commission; (f) make a false or misleading statement to the Commission; (g) make a false or misleading statement to a customer or prospective customer; (h) threaten or attempt to intimidate a customer or prospective customer; (i) retaliate against a customer or prospective customer that has made a complaint to the Commission or has exercised or attempted to exercise a right under the Code or this chapter; (j) engage in a deceptive trade practice; (k) discourage a customer or prospective customer who has a question or inquiry concerning the customer or prospective customer's rights or obligations concerning trade waste from contacting the Commission; (l) request, participate in, or comply with, a resolution, consideration, hearing, mediation, or adjudication by a trade association or any person holding a position in a trade association concerning a dispute between two (2) or more licensees or trade waste removal businesses relating to a customer, route, or stop; (m) pay any money to a trade association or any person holding a position in a trade association for any activity relating to a sale, purchase, acquisition, or loss of a customer, route, or stop; (n) falsify any business record; (o) make, file, or submit a false statement or claim to a government agency or employee; (p) violate any law concerning payments to labor unions or labor representatives; (q) give or offer any money or other benefit to an official or employee of a private business with intent to induce that official or employee to engage in an unethical or illegal business practice; (r) give or offer any money or other benefit to any public employee whose duties relate to the trade waste industry with the exception of funds that must be paid in accordance with a statute, rule, agency order, or court order; (s) solicit business from a customer for any person who, or entity that, provides goods or services related to the removal, collection, or disposal of trade waste and is not licensed by, or registered with, the Commission; (t) agree with another trade waste business to divide or allocate customers or respect an existing division or allocation of customers by geography, territory, or otherwise, except that this provision shall not apply to a covenant not to compete agreed to in connection with the sale of a licensee's business where the Commission has expressly approved such covenant; (u) discuss with, or agree upon, with another private carter the prices to be submitted on a bid for a trade waste contract; (v) fail to timely pay taxes related to a trade waste business; (w) operate a transfer station in violation of any federal, state, or local law or regulation; (x) remove, collect, or dispose of trade waste from a commercial establishment with which the applicant, licensee, or registrant does not have a contract or agreement or other permission from the Commission to remove, collect, or dispose of such commercial establishment's trade waste; or (y) attempt to or conspire to engage in any act proscribed by this section. (Amended City Record 3/6/2018, eff. 4/5/2018)

17 RCNY § 1-10 Forms Prescribed or Provided by the Commission.

§ 1-10 Forms Prescribed or Provided by the Commission. Wherever any provision of this chapter requires that any document be employed, maintained, submitted, or filed by a business required to be licensed or registered, pursuant to this chapter, or that a form may be reviewed or approved by the Commission, the Commission may, in its discretion, prescribe the form of such document or provide an acceptable form. (Amended City Record 3/6/2018, eff. 4/5/2018)

17 RCNY § 1-11 Commission Approval not to be Implied.

§ 1-11 Commission Approval not to be Implied. Whenever any document is to be filed, submitted, or provided to the Commission pursuant to a provision of this chapter, or is otherwise provided to the Commission, the document shall not be deemed acceptable to the Commission or approved by the Commission unless the Commission or Chair expressly sets forth such approval in writing. Failure of the Commission to disapprove or object to any action that a licensee or registrant proposes to take shall not be deemed an approval of such action by the Commission.

17 RCNY § 1-12 Disclosure of Certain Adverse Determinations by Governmental Agencies or Authorities.

§ 1-12 Disclosure of Certain Adverse Determinations by Governmental Agencies or Authorities. Whenever a licensee or registrant or an applicant for a license or registration is required by the Administrative Code or this Chapter to disclose, provide notification of or maintain any determination by any Federal, State, or Local governmental agency or authority against such licensee, registrant or applicant, or principal, employee or agent of such licensee, registrant or applicant, including but not limited to any judgment, decree, order, finding by or settlement agreement with such governmental agency or authority, such judgment, decree, order, finding or settlement must be disclosed if: (a) it resulted or will result in the suspension or revocation of a permit, license or other permission required in connection with the operation of such licensee's, registrant's or applicant's business; or (b) it resulted or will result in a civil or administrative fine, penalty or settlement in excess of one thousand dollars ($1,000) or any injunctive relief against such licensee, registrant or applicant, or principal, employee or agent of such licensee, registrant or applicant. (Added City Record 10/17/2018, eff. 11/16/2018; amended City Record 8/1/2024, eff. 8/31/2024)

17 RCNY § 1-13 Micro-haulers.

§ 1-13 Micro-haulers. An applicant for a micro-hauler license and a micro-hauler licensee must comply with all requirements of this chapter unless otherwise stated. (Added City Record 7/7/2021, eff. 8/6/2021)

17 RCNY § 1-14 Severability.

§ 1-14 Severability. The provisions of this chapter shall be severable and if any phrase, clause, sentence, paragraph, subdivision or section of this chapter, or the applicability thereof to any person or circumstance, shall be held invalid by any court of competent jurisdiction, the remainder of this chapter and the application thereof shall not be affected thereby. (Renumbered City Record 7/7/2021, eff. 8/6/2021)

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-32878Fetched: 10/24/2026