Customer Service Requirements

RCNY tit. 16, ch. 20, subch. B

in effect

16 RCNY § 20-20 Service to Customers in a Commercial Waste Zone.

§ 20-20 Service to Customers in a Commercial Waste Zone. (a) (1) Each commercial establishment must enter into a written service agreement with a zone awardee selected by the Department for the zone in which the commercial establishment is located, and/or a containerized commercial waste awardee in accordance with subdivision (d) of this section, to provide all commercial waste collection, removal and disposal services for the commercial establishment. All such written service agreements must meet the requirements of 16 RCNY § 20-26 and must be entered into no later than the final implementation date for the zone in which the commercial establishment is located, as set forth in the rules of the Department. (2) This subdivision does not apply to a commercial establishment registered by the Business Integrity Commission to haul its own commercial waste pursuant to subdivision (b) of § 16-505 of the Administrative Code operating pursuant to the terms of such registration. (b) A commercial establishment must not enter into an agreement for the collection, removal or disposal of commercial waste with more than one zone awardee selected for the zone in which the commercial establishment is located at the same time under any circumstances. (c) Commercial establishments that generate twenty gallons of waste or less over a period of seven consecutive days may share containers, provided that all such commercial establishments have an agreement with the same awardee in accordance with this chapter. (d) In lieu of or in addition to a contract with a zone awardee, a commercial establishment may contract with a containerized commercial waste awardee for the removal of containerized commercial waste, provided that the other requirements of this section have been met. If a commercial establishment's contract with a containerized commercial waste awardee does not cover the entirety of the commercial establishment's commercial waste, the commercial establishment must enter into an agreement with a zone awardee for collection, removal and disposal of the remainder of the commercial establishment's commercial waste, except that such establishment may not contract with more than one zone awardee, as provided in subdivision (b) of this section. Example 1: Bob's Restaurant is located in the zone Bronx East. Bob's Restaurant selects Containerized Carting to perform containerized commercial waste collection services. Containerized Carting receives an award to collect containerized commercial waste citywide and is also selected as a zone awardee for zone Bronx East. If Bob's restaurant uses Containerized Carting for containerized collection services, Bob's restaurant is prohibited from selecting a different Bronx East zone awardee to collect non-containerized commercial waste because Containerized Carting is a zone awardee for zone Bronx East. Example 2: Molly's Restaurant is located in the zone Queens Central. Molly's Restaurant is looking for containerized commercial waste collection services for refuse. None of the zone awardees in zone Queens Central were selected to collect containerized commercial waste citywide. Molly's Restaurant can hire Containerized Carting to provide containerized commercial waste collection service and may choose to select a Queens Central zone carter to provide non-containerized refuse and organics collection. (e) If an awardee is authorized to operate as a containerized commercial waste awardee and a zone awardee in a given zone, such awardee must follow all requirements applicable to zone awardees set forth in Title 16-B of the Administrative Code and this title with respect to all customers in such zone. (f) If a commercial establishment fails to enter into a written agreement with a zone awardee selected for the zone in which such commercial establishment is located or a containerized commercial waste awardee in accordance with the requirements of this section by the final implementation date for such zone, the Department will assign a zone carter to such commercial establishment and the processes and terms of service set forth in subdivision (e) of 16 RCNY § 20-26 shall apply unless the assignment is made pursuant to subdivision (g) of this section. The assignment of a particular awardee to a commercial establishment is at the Department’s discretion, and factors that the Department will consider include, but are not limited to, effect on route efficiency, language access needs within such zone, awardee capacity, number of customers already served in the zone, and other factors deemed relevant by the Department. (g) If a commercial establishment fails to enter into a written agreement with a zone awardee selected for the zone in which such commercial establishment is located or a containerized commercial waste awardee in accordance with the requirements of this section by the final implementation date for such zone, and the Department has determined that the commercial establishment stores its waste in a container that has a capacity of 10 cubic yards or more, the Department may assign a zone awardee or a containerized commercial waste awardee to such commercial establishment for containerized commercial waste collection services. The processes and terms of service set forth in subdivision (e) of 16 RCNY § 20-26 shall apply except that the Department shall determine the required default level of service for such commercial establishment. (Added City Record 11/16/2021, eff. 12/16/2021*; amended City Record 4/19/2024, eff. 5/19/2024; amended City Record 3/28/2025, eff. 4/27/2025; amended City Record 10/9/2025, eff. 11/8/2025; amended City Record 9/16/2026, eff. 10/16/2026) * Editor's note: For specific effective date provisions, see the editor's note at 16 RCNY Ch. 20.

16 RCNY § 20-21 Rates.

§ 20-21 Rates. (a) (1) An awardee shall not charge or accept rates or fees for the collection, removal or disposal of commercial waste from a customer in a commercial waste zone above the maximum rates and maximum fees for such zone as set forth in the agreement with the Department under which such awardee is operating pursuant to § 16-1002 of the Administrative Code and as provided in this section. (2) Rates for collection of designated recyclable materials and source separated organic waste must be proportionally lower than rates for refuse collection services in the proportion set forth in the agreement between the awardee and the Department where such agreement includes such a proportion, except that if the awardee collects no amount of refuse from the customer, the rate for designated recyclable materials and source separated organics cannot exceed the maximum rate for such material set forth in such agreement. (b) An awardee must not charge or accept rates or fees for the collection, removal or disposal of containerized commercial waste citywide above the maximum rates or fees for such service as set forth in the agreement with the Department under which such awardee is operating pursuant to § 16-1002 of the Administrative Code and as provided in this section. Paragraph (2) of subdivision (a) of this section shall apply to the collection, removal or disposal of containerized waste citywide only where such agreement also provides for the collection of designated recyclable materials or source separated organic waste. (c) (1) An awardee must only charge a customer in accordance with the pricing structure set forth in the agreement with the Department pursuant to which such awardee is operating. Such pricing structure must reflect the following pricing structure: (i) A separately itemized charge based on frequency of collection by waste stream: refuse, designated recyclable materials and source separated organic waste; and (ii) A separately itemized charge based on weight or volume of waste collected by waste stream: refuse, designated recyclable materials and source separated organic waste. An awardee must not charge any additional fees, except as provided in paragraph (2) of this subdivision. (2) An awardee may impose fees only for the following: (i) Cleaning containers or compactors; (ii) Delivery, replacement or removal of carts or containers; (iii) Rental of compactors or roll-off containers; NOTE: Rental fees for containers or dumpsters other than compactors and roll-offs are prohibited by Administrative Code § 16-1002(c)(2); (iv) Rental of equipment other than containers/dumpsters; (v) Collection service that requires entry inside the building, other than service in and out of a loading dock; (vi) A requested pick-up outside of standard service hours; (vii) A requested pick-up time within a window of less than two hours where a pick-up window is specified in the agreement; (viii) A return rate, if an awardee must return to provide service based on a customer created condition, after following all applicable procedures set forth in 16 RCNY § 20-24; (ix) Overfilled containers, after following all applicable procedures set forth in 16 RCNY § 20-24; (x) Designated recyclable materials or source separated organic waste with contamination of at least 10 percent, after following all applicable procedures set forth in 16 RCNY § 20-24; (xi) If a driver has to wait due to a customer created delay in excess of 15 minutes, documented with GPS technology; (xii) Late payment; (xiii) Insufficient funds, including but not limited to a bounced check or an electronic transfer that fails due to insufficient funds in the customer's account; (xiv) Payment made by credit card if the following conditions are met: (A) The fee must not exceed 3% of the amount charged for services; and (B) The awardee must offer an alternate form of electronic payment, such as direct bank to bank transfer, with no added fee for the customer; (xv) Commercial waste generation audit services in accordance with the awardee's Zero Waste Plan; (xvi) Early termination, which is not to be charged within the first 30 calendar days after a contract’s effective date or where a customer has a right to terminate its contract without incurring any fee pursuant to 16 RCNY § 20-04(c)(1), and which shall not exceed the amount provided in this subparagraph: (A) For purposes of this subparagraph, when a contract has been in effect for three or more months, the average monthly bill shall be calculated by averaging the customer’s last three monthly bills, and when a contract has been in effect for less than three months, the average monthly bill shall be calculated by averaging all of the customer’s monthly bills; (B) Where not more than one year remains in the contract, the early termination fee shall not exceed the customer’s average monthly bill; and (C) Where more than one year remains in the contract, the early termination fee shall not exceed the customer’s average monthly bill multiplied by the years remaining in the contract, which shall be calculated by adding the number of whole years remaining on the contract and, if applicable, the fraction of a year remaining in the contract, such fraction to be determined by dividing the number of whole months remaining in the contract in excess of a whole year by 12. For example, if one year and six months remain on a contract, the maximum early termination fee would be calculated by multiplying the customer’s average monthly bill by one and one-half (1.5); and (xvii) Any other fees approved by the Department in accordance with the procedures set forth in the awardee's agreement with the Department pursuant to which the awardee is operating. (d) (1) In addition to any automatic rate adjustments set forth in the agreement with the Department pursuant to which such awardee is operating, entered into pursuant to § 16-1002 of the Administrative Code, an awardee may petition the Department for an adjustment to the maximum rates (including any maximum fee amounts) set forth in such agreement in accordance with this subdivision. Such petition shall be made in a form and format prescribed by the Department. No later than 60 days after the submission of such petition, the Department shall either deny such petition in writing, along with a description of the reason for such denial, or commence with a public hearing on such petition in accordance with the procedures described in this subdivision,. Such decision shall be within the discretion of the Department. (2) Upon petition of an awardee in accordance with paragraph (1) of this subdivision, or upon its own initiative, the Department may hold a public hearing on the maximum rates (inclusive of any maximum fee amounts) charged by one or more awardees for the collection, removal or disposal of commercial waste as set forth in the agreement or agreements with the Department entered into pursuant to § 16-1002 of the Administrative Code by such awardee or awardees. At least 30 days prior to the public hearing, the Department will publish the date, time and location of the public hearing in the City Record and on the Department website. At the hearing, any member of the public may submit oral or written testimony regarding whether the maximum rates should be changed. The proponent of the rate change shall bear the burden of demonstrating, on an individual, zone or industry-wide basis, that existing rates do not allow for a fair and reasonable return to such awardee or awardees or are otherwise inconsistent with the purposes of Title 16-B of the Administrative Code. (3) In determining whether the maximum rates charged by one or more awardees for the collection, removal or disposal of commercial waste will be adjusted, the Department shall not be limited to evidence provided pursuant to paragraph (2) of this subdivision, and may request additional information from the proponent of the rate change, and may consider any relevant factor affecting the commercial waste industry or its customers, including but not limited to: (i) Available data on the commercial waste industry, including but not limited to any material change in: operating revenues (overall revenues); regulated service operating revenues (revenue generated from waste removal services associated with the rate-regulated portion of a business) by waste stream; operating expenses; regulated operating expenses by waste stream; and total regulated waste tonnage disposed; (ii) Any material change to waste disposal capacity or infrastructure; and (iii) Any other factor that may be relevant to assessing a fair and reasonable return to the awardee or awardees, promoting the protection of customers from excessive or unreasonable charges, and promoting the purposes of Title 16-B of the Administrative Code. (Added City Record 11/16/2021, eff. 12/16/2021*; amended City Record 10/9/2025, eff. 11/8/2025) * Editor's note: For specific effective date provisions, see the editor's note at 16 RCNY Ch. 20.

16 RCNY § 20-22 Denial of Service Prohibited; Termination; Suspension of Service.

§ 20-22 Denial of Service Prohibited; Termination; Suspension of Service. (a) General prohibition; default level of service. (1) An awardee must offer to each commercial establishment within a zone for which the awardee has been awarded an agreement including the following default level of service: (i) At least two days of refuse collection per week; (ii) At least one day of designated recyclable materials collection per week; and (iii) If the commercial establishment is a designated covered establishment, at least one day of source separated organics collection per week. (2) An awardee may not deny, suspend, or terminate commercial waste collection service to any commercial establishment within a zone for which the awardee has been awarded an agreement, including a commercial establishment that needs less frequent collection than the default level of service described in paragraph (1) of this section, except as otherwise provided in this section and as set forth in the agreement between the awardee and the Department pursuant to § 16-1002 of the Administrative Code. (3) A commercial establishment and an awardee may mutually agree on terms of service that include less frequent or more frequent collection than the default level of service described in paragraph (2) of this subdivision, provided that an awardee may not refuse service to a customer because the customer needs less frequent collection than the default level of service. (b) Suspension or termination of service for non-payment. (1) An awardee may suspend or terminate commercial waste collection service to a commercial establishment within a zone for which the awardee has been awarded an agreement if the commercial establishment is a current customer and owes full or partial payment to the awardee for services rendered for more than 45 calendar days and the awardee has followed the procedures set forth in this subdivision. (2) When a current customer has failed to pay the full amount due for 30 calendar days, the awardee must notify the customer in writing that the account is past due, and that nonpayment may result in service suspension or termination, including the timeframe when such suspension or termination may occur. (3) After at least 45 calendar days of non-payment, the awardee may suspend or terminate service by notifying the customer by certified mail of such suspension or termination and the reason therefor. Such notice shall state that the customer may seek Department review of the awardee's decision to suspend or terminate service by submitting such request to the Department in writing no later than 60 calendar days after receipt of such notice, along with evidence that service should not be suspended or terminated, and a copy of the postmarked certified mail receipt. The customer must also send a copy of such review request to the awardee. (4) The Department will review each customer request for Department review and may ask either party to provide additional information necessary to make a determination. The Department will issue a final determination within 30 days of receipt of such request, unless such additional information is requested from either party, in which case the Department shall notify the parties of its determination within a reasonable timeframe. The awardee is under no obligation to provide service pending such review. If the awardee continues to provide service, any late fees set forth in the awardee's customer service agreement with the customer shall continue to accrue while such service is being provided in accordance with such agreement. (c) Denial, suspension or termination for other allowable reasons. (1) Except in authorized cases of non-payment as described in subdivision b, an awardee may only deny, suspend, or terminate commercial waste collection service to a commercial establishment within a zone for which the awardee has been awarded an agreement after prior approval by the Department in accordance with this section. (2) The Department will only grant approval pursuant to this subdivision if the awardee has followed the procedures set forth in this subdivision and demonstrates to the satisfaction of the Department one or more of the following: (i) The commercial establishment has set out commercial waste in a form or manner that presents a direct health or safety threat to employees of the designated carter or to the public; (ii) The commercial establishment has caused substantial damage to property of the awardee or its designated carter; (iii) Provision of service to the commercial establishment would jeopardize the awardee's ability to meet the requirements of the awardee's agreement with the Department pursuant to § 16-1002 of the Administrative Code; or (iv) The awardee has other good cause for denial, suspension or termination of service, consistent with the purposes of Title 16-B of the Administrative Code. (3) An awardee may seek denial, suspension or termination of service by notifying the commercial establishment by certified mail of its intention to deny, suspend or terminate service and informing the commercial establishment of the reason therefor. Such notice shall state that no later than 30 days after the postmark date on such notice, the commercial establishment may submit evidence to the Department demonstrating that circumstances described in paragraph (2) of subdivision (b) of this section have not occurred or other evidence that service should not be denied, suspended or terminated, along with a copy of the postmarked certified mail receipt of such notice. (4) The awardee must provide a copy of the notice described in paragraph (1) of this subdivision to the Department along with evidence that circumstances described in paragraph (2) of this subdivision have occurred. In the case of subparagraphs (i) and (ii) of paragraph (2), the awardee shall provide photographic documentation where feasible. In all other instances, such evidence may include but need not be limited to photographic or video evidence, invoices, insurance reports, or police reports. The Department may ask either party to provide additional information necessary to make a determination. (5) The Department shall notify the awardee and the commercial establishment of its determination regarding whether the awardee's request for approval for denial, suspension or termination of service has been granted no later than 45 days after receipt of a copy of the notice described in paragraph (4) of this subdivision, unless additional information is requested by the Department from either party, in which case the Department shall notify the parties of its determination within a reasonable timeframe. Within 15 days of receipt of such determination, either party may appeal such determination in writing to the Commissioner. (6) If the commercial establishment is a current customer, the awardee must continue providing service to such customer until a final determination by the Department has been made. (d) Nothing in this section shall preclude the awardee from seeking to enforce the terms of its agreement with a customer, including but not limited to terms governing damages or other remedies for breach of contract. (e) Nothing in this section shall be construed to alter, amend or negate any obligation of the awardee to provide service to any commercial establishment in accordance with the terms of the agreement between the awardee and the Department entered into pursuant to § 16-1002 of the Administrative Code. (f) A written contract for the removal, collection, or disposal of commercial waste that contains no provision regarding duration shall be terminable at will by the customer. (g) (1) Subdivisions (a) through (c) of this section shall not apply to containerized commercial waste awardees providing collection, removal or disposal of containerized commercial waste in accordance with an agreement with the Department to provide such containerized commercial waste collection, removal and disposal service citywide pursuant to § 16-1002 of the Administrative Code. (2) An awardee providing containerized commercial waste collection, removal or disposal service citywide in accordance with such an agreement with the Department must not suspend or terminate such service to a customer unless at least 14 days' written notice to the customer is given. No contract for the removal, collection, or disposal of containerized commercial waste shall provide that an awardee may suspend or terminate service upon shorter notice. (h) If a customer's service is suspended or terminated, the awardee shall provide written notification to the Department within 24 hours and shall include in this notification the customer name and address, reason for suspension or termination, and any unresolved customer complaints. (Added City Record 11/16/2021, eff. 12/16/2021*; amended City Record 10/9/2025, eff. 11/8/2025; amended City Record 9/16/2026, eff. 10/16/2026) * Editor's note: For specific effective date provisions, see the editor's note at 16 RCNY Ch. 20.

16 RCNY § 20-23 Non-Collection of Commercial Waste.

§ 20-23 Non-Collection of Commercial Waste. (a) If a designated carter is precluded from collecting a customer's commercial waste on a particular day, due to a severe weather event, street closure, or other emergency as determined by the Department, the designated carter must return to collect the commercial waste on the next business day when access to the premises is possible, or as otherwise agreed upon between the awardee and the customer. In such a case, the awardee must notify such customer no less than two hours after becoming aware of the situation that collection on the scheduled day is not possible, the reason therefor, and the awardee's expected timeframe for collecting the customer's waste. (b) Except as provided in subdivision (a), an awardee and its designated carters may only refuse to collect commercial waste from a customer set out on a particular day, resulting in the non-collection of commercial waste, in the following circumstances: (1) Overfilled containers; (2) Designated recyclable materials or source separated organic waste with contamination of at least 10 percent; (3) The bag or container cannot be safely lifted, container contents will not empty after tipping, and/or bags or containers are blocked or inaccessible for reasons other than those described in subdivision (a) of this section; (4) Bags or containers set out for collection contain non-commercial waste not otherwise agreed upon by the customer and the awardee; or (5) The customer has otherwise set out commercial waste in a form or manner that presents a direct health or safety threat to employees of the designated carter or to the public. (c) Before refusing to collect commercial waste from a customer set out on a particular day in any of the circumstances described in subdivision (b) of this section, the awardee must ensure that all applicable procedures described in 16 RCNY § 20-24 are followed, and the awardee must continue to provide commercial waste collection service at the customer's next scheduled pick-up in accordance with the awardee's agreement with the customer, except as otherwise provided in 16 RCNY § 20-22. (Added City Record 11/16/2021, eff. 12/16/2021*) * Editor's note: For specific effective date provisions, see the editor's note at 16 RCNY Ch. 20.

16 RCNY § 20-24 Overfilled Containers, Contamination, Infeasible Collection and Other Non-Conforming Material; Procedures for Fees and Non-Collection.

§ 20-24 Overfilled Containers, Contamination, Infeasible Collection and Other Non-Conforming Material; Procedures for Fees and Non-Collection. (a) Before imposing fees pursuant to subparagraphs (vii) through (ix) of paragraph (2) of subdivision (c) of 16 RCNY § 20-21 or refusing to collect commercial waste from a customer on a particular day pursuant to subdivision (b) of 16 RCNY § 20-23, an awardee and its designated carters must follow the procedures described in this section. Nothing in this section shall be construed to require an awardee to impose a fee or to refuse to collect any material. (b) Overfilled containers. (1) First instance within a 12-month period: The designated carter must take a photograph of the overfilled container, collect the material, and leave a written notice approved by the Department informing the customer that: (i) the material collected was overfilled; (ii) if containers are overfilled in the future, the awardee may charge the customer applicable fees or may choose not to collect such container; and (iii) the amount of such fees. Nothing in this section shall be construed to require collection where such collection is infeasible because a customer sets out a bag or container that cannot be safely lifted or in a form or manner that otherwise presents a direct health or safety threat to employees of the designated carter or to the public, as provided in subdivision (d) of this section. (2) Second and subsequent instances within a 12-month period: The designated carter must take a photograph of the overfilled container. The awardee may elect to collect the material and impose a fee in the customer's next monthly bill or, as an alternative, may choose not to collect the material. If the awardee chooses not to collect the material, the designated carter must affix a written non-collection notice approved by the Department to the uncollected container. At a minimum, such notice must provide the following information: (i) the awardee's reason for not collecting the material; (ii) information that will allow the customer to correct the problem; and (iii) the awardee's telephone number for any further questions. If the awardee fails to document the reasons for not collecting the material on that day, the refusal to collect will be treated as a missed collection. (c) Designated recyclable materials or source separated organic waste with contamination of at least 10 percent. (1) First instance within a 12-month period: If the designated carter determines by visual inspection that a bag or container of designated recyclable materials or source separated organic waste is at least 10 percent contaminated, the designated carter must take a photograph of the contaminated bag or container, collect the material, and leave a written notice approved by the Department informing the customer that: (i) the material collected was contaminated; (ii) if bags or containers are contaminated in the future, the awardee may charge the customer applicable fees or may choose not to collect such bag or container; and (iii) the amount of such fees. The awardee must also include information with the customer's next monthly bill regarding the City's recycling and organics requirements, recommended corrective action, and where the customer can find more information on the subject. (2) Second and subsequent instances within a 12-month period: If the designated carter determines by visual inspection that a bag or container of designated recyclable materials or source separated organic waste is at least 10 percent contaminated, the designated carter must take a photograph of the contaminated bag or container. The awardee may elect to collect the material and impose a fee in the customer's next monthly bill or, as an alternative, may choose not to collect the material. If the awardee chooses not to collect the material, the designated carter must affix a written non-collection notice approved by the Department to the uncollected bag or container. At a minimum, such notice must provide the following information: (i) the awardee's reason for not collecting the material; (ii) information that will allow the customer to correct the problem; and (iii) the awardee's telephone number for any further questions. If the designated carter fails to document the reasons for not collecting the material on that day, the refusal to collect will be treated as a missed collection. (d) Infeasible collection. (1) If collection is infeasible because: (i) a customer sets out a bag or container that cannot be safely lifted or in a form or manner that otherwise presents a direct health or safety threat to employees of the designated carter or to the public; (ii) the container contents will not empty after tipping; or (iii) the bags or containers are blocked or inaccessible at the scheduled time of collection, the designated carter must take a photograph or otherwise document the reason why collection is infeasible. (2) The designated carter must provide the customer with a written non-collection notice approved by the Department. At a minimum, such notice must provide the following information: (i) reason for not collecting the material; (ii) information that will allow the customer to correct the problem; and (iii) the awardee's telephone number for any further questions. If possible, the designated carter must affix such notice to the uncollected bag or container. If physically affixing such notice to the bag or container is not feasible, the designated carter must leave the notice at the customer's physical address. If the designated carter fails to document the reasons for not collecting the material on that day, the refusal to collect will be treated as a missed collection. (3) If the awardee and customer agree that the designated carter will return at a different time to provide collection service after the condition has been corrected, the awardee may impose a fee in the customer's next monthly bill for the return pick-up, provided that the procedures described in this subdivision have been followed, including photo documentation of the reason why collection was infeasible at the first attempt. (e) Non-commercial waste and other non-conforming waste. (1) If the customer sets out a bag or container that contains non-commercial waste not otherwise agreed upon by the customer and the awardee, the awardee may choose not to collect the material. In such a case, the designated carter must take a photograph of the non-commercial waste and affix a written non-collection notice approved by the Department to the uncollected bag or container. At a minimum, such notice must provide the following information: (i) the awardee's reason for not collecting the material; (ii) information that will allow the customer to correct the problem; and (iii) the awardee's telephone number for any further questions. If the designated carter fails to document the reasons for not collecting the material on that day, the refusal to collect will be treated as a missed collection. (2) If the awardee believes a customer is depositing hazardous, radioactive, medical, or e-waste for collection, the awardee must immediately notify the Department in addition to following the procedures in paragraph (1) of this subdivision. If the generator of such waste is unknown, the awardee must work with the City to identify the generator of such waste. (Added City Record 11/16/2021, eff. 12/16/2021*) * Editor's note: For specific effective date provisions, see the editor's note at 16 RCNY Ch. 20.

16 RCNY § 20-25 Customer Service Plan.

§ 20-25 Customer Service Plan. (a) An awardee must establish and maintain a customer service plan in accordance with this section and the terms of its agreement with the Department pursuant to § 16-1002 of the Administrative Code. The awardee must comply with the terms of such customer service plan. (b) Such customer service plan must include, at a minimum, a description of: (1) Customer service support tools, including but not limited to: a dedicated phone line for receiving customer inquiries, service requests and complaints, which must be actively staffed during normal business hours and have the capability for receiving messages 24 hours a day, seven days a week; (2) A company website, which must contain information regarding the awardee's name, office address, e-mail address, the customer phone number described in paragraph (1) of this subdivision, the maximum rates that the awardee is authorized to charge pursuant to the agreement entered into with the Department pursuant to § 16-1002, instructions for requesting initial service, and instructions for making customer complaints and service requests; (3) A protocol for promptly addressing customer service requests and complaints; (4) Performance metrics or other methods of measuring customer service, including but not limited to a process for tracking customer service requests and complaints and the awardee's response times for addressing such requests and complaints; (5) Customer service standards, including but not limited to hours of operation and emergency contact protocols; (6) The awardee's plan for addressing the language access needs of customers in the zone, including but not limited to an assessment of the primary languages spoken by customers in the zone and a description of the specific tools used to provide quality customer service to customers with limited English proficiency; and (7) A process for customers to contest invoices, request changes to level of service provided, and request changes to costs for service based on changes in amount of waste generated by the customer; and (8) The awardee's plans, if any, for the set-out of commercial waste in a manner that promotes the City's goals of improving cleanliness, rodent mitigation, order and safety on City sidewalks. (c) If a customer submits a missed collection complaint, the designated carter must return to the premises and collect the commercial waste that was missed within 12 hours of receiving such complaint, unless: (1) the awardee has elected non-collection of the commercial waste for reasons authorized in 16 RCNY § 20-23 and in accordance with the applicable procedures described in 16 RCNY § 20-24, or (2) the awardee otherwise resolves the customer complaint in a manner agreed upon between the customer and the awardee. (Added City Record 11/16/2021, eff. 12/16/2021*) * Editor's note: For specific effective date provisions, see the editor's note at 16 RCNY Ch. 20.

16 RCNY § 20-26 Written service agreement.

§ 20-26 Written service agreement. (a) An awardee must enter into a written contract with each customer for the collection, removal, or disposal of commercial waste in accordance with the requirements of this section. Such written contract must comply with the applicable requirements of Titles 16-A and 16-B of the Administrative Code and the applicable rules promulgated pursuant to such titles, all other applicable laws, and the terms of the agreement between the awardee and the Department under which the awardee is operating. (b) A contract between an awardee and a customer for the collection, removal or disposal of commercial waste shall: (1) Describe the following: (i) Rates, including a clear description of any applicable fees that might be imposed pursuant to paragraph (2) of subdivision (c) of 16 RCNY § 20-21; (ii) Customer and awardee responsibilities; (iii) For each waste stream: pick-up frequency and estimated pick-up time for each collection, and where agreed upon by the parties, a prescribed pick-up window; and (iv) Dispute resolution protocols. (2) State the estimated volume or weight of designated recyclable materials and the estimated volume or weight of source separated organic waste, if any, to be collected from such customer and transported pursuant to 16 RCNY §§ 20-31 and 20-32; (3) Not extend beyond the last date the awardee is authorized to operate in the zone in which the customer is located under the awardee's agreement with the Department entered into pursuant to § 16-1002 of the Administrative Code; (4) Provide that the awardee must remove the customer's commercial waste from the location designated by the customer, provided that such location is consistent with all applicable laws, rules and regulations; (5) Provide for not less than 14 days' written notice by the awardee if the awardee seeks to raise rates charged to a customer; (6) Provide for not less than 7 days' written notice by the awardee if the awardee seeks to change pick-up times, except in unforeseen circumstances; (7) Provide that the awardee must comply with Titles 16-A and 16-B of the Administrative Code and any rules promulgated pursuant thereto and all other applicable laws, rules and regulations; and (8) Provide the method by which the awardee will provide the customer with all applicable notices required pursuant to this chapter. Except where otherwise specifically provided by this chapter, such notices may be in the form of paper or electronic communication, as long as the recordkeeping requirements of this chapter and as set forth in the Agreement with the Department are met. (c) (1) A standard contract form that an awardee proposes to use with its customers must be submitted to the Department within 60 calendar days of entering into an agreement with the Department pursuant to § 16-1002 of the Administrative Code. An awardee must submit any subsequent changes in the standard contract to the Department 30 calendar days prior to implementing such change. The Department will review each awardee's standard contract and may require changes to such standard contract form prior to its use by the awardee pursuant to the procedures described in such agreement with the Department. At any time after the Department has initially approved an awardee’s standard contract form, the Department may require such awardee to make changes to such form, and such awardee shall use such amended form to sign up customers after the Department requires such changes, except as provided in paragraph (2) of this subdivision. (2) Nothing in this subdivision shall be construed to prevent an awardee and a customer from negotiating terms at variance with the standard contract, except that an awardee must not vary such contract in any manner inconsistent with Title 16-A of the Administrative Code and any rules promulgated thereunder or Title 16-B of the Administrative Code and any rules promulgated thereunder, and must provide notice to the Department of such negotiated contract within 30 calendar days of its effective date. (d) Prior to commencement of service, an awardee must prepare a written contract that clearly and legibly sets forth the terms and conditions of the agreement negotiated by the awardee and the customer and deliver such contract to the customer. Such contract must provide that it shall be effective only upon being dated and signed by the awardee and the customer's owner or authorized representative and that a change of any term or condition of such contract must be made in writing, dated, and signed by both the awardee and the customer's owner or authorized representative before such term or condition takes effect. One copy of such signed and dated contract and a copy of any signed and dated amendments must be provided to the customer's owner or authorized representative by the awardee. (e) (1) If a customer has been assigned to the awardee by the Department pursuant to paragraph (4) of subdivision (e) of § 16-1002 of the Administrative Code or rules promulgated pursuant to such section, the standard contract that the awardee has submitted to the Department pursuant to subdivision (c) of this section shall be deemed to be in effect, and the awardee shall provide commercial waste collection service at the level of service described in paragraph (2) of subdivision (a) of 16 RCNY § 20-22 at the maximum rates the awardee is authorized to charge pursuant to the awardee's agreement with the Department pursuant to § 16-1002 of the Administrative Code, unless and until such customer and such awardee negotiate alternative terms by following the procedures in subdivision (d) of this section or the customer selects a different awardee pursuant to paragraph (4) of subdivision (e) of § 16-1002. Notwithstanding any other provision of this paragraph, (i) the Department may require that an awardee provide up to five days of refuse collection to a commercial establishment that has been assigned to such awardee as provided in this paragraph if the Department determines that such commercial establishment requires commercial waste collection service at a higher level of service than that described in subparagraph (i) of paragraph (2) of subdivision (a) of 16 RCNY § 20-22, and (ii) the level of service described in paragraph (2) of subdivision (a) of 16 RCNY § 20-22 does not apply to a commercial establishment that the Department has determined stores its waste in a container that has a capacity of 10 cubic yards or more pursuant to subdivision (g) of 16 RCNY § 20-20. (2) Upon notification by the Department that it has been assigned a customer by the Department pursuant to paragraph (4) of subdivision (e) of § 16-1002 of the Administrative Code or other applicable law, the awardee shall mail the awardee's standard contract to such customer by certified mail, retain the signed returned postal receipt during the duration of service to the customer, and make available to the Department upon its request a copy of such contract and such return receipt, unless and until such customer and such awardee negotiate alternative terms by following the procedures in subdivision (d) of this section. (f) An awardee must comply with the service and other terms set forth in such contract with the customer, including the agreed-upon frequency and schedule for the collection of commercial waste. Such schedule must not be altered without the written agreement of the customer's owner or authorized representative. (g) No contract or contract amendment shall provide that the awardee is exempt from liability for damage caused by its negligence or the negligence of any of its agents. (h) A contract that does not meet the requirements of federal, state or local law is voidable by either party. (Added City Record 11/16/2021, eff. 12/16/2021*; amended City Record 1/2/2025, eff. 1/2/2025; amended City Record 10/9/2025, eff. 11/8/2025) * Editor's note: For specific effective date provisions, see the editor's note at 16 RCNY Ch. 20.

16 RCNY § 20-27 Billing and payment.

§ 20-27 Billing and payment. (a) An awardee must provide a consolidated bill, statement, or invoice at least once every month to every customer. Such bill, statement or invoice may be provided electronically, unless the customer requests a paper version. Such bill, statement or invoice must include all costs for services provided, including if an awardee uses one or more subcontractors to provide services to the customer. Such bill, statement, or invoice must conspicuously contain all of the following: (1) The awardee's name, address, telephone number, and Business Integrity Commission license number; (2) The customer's name and complete address; (3) The maximum rates the awardee is authorized to charge such customer pursuant to the awardee's agreement with the Department entered into pursuant to § 16-1002 of the Administrative Code with a statement indicating that the rates so identified are maximum legal rates and that lower rates may be lawfully charged; (4) The negotiated rate on which the bill, statement, or invoice is based, broken down into the component parts of such rate, including the rates based on frequency of collection of refuse, designated recyclable materials and source separated organic waste, if applicable, and the rates based on volume or weight of refuse, designated recyclable materials and source separated organic waste collected, if applicable; (5) A notice to customers as follows: "NOTICE TO CUSTOMERS – The maximum rates that may be charged by your commercial waste removal business are regulated by the New York City Department of Sanitation. If you should have a question or a complaint concerning commercial waste removal, contact the New York City Department of Sanitation"; (6) An itemized list of actual charges being imposed detailing: (i) The number of weekly pick-ups of each waste stream; (ii) The weight or volume of refuse, designated recyclable materials and source separated organic waste, if any, removed, and the charge for such weight or volume of such waste, broken down by waste stream, or, where the customer is being charged on a "flat" or "average" billing rate, the estimated volume or weight of refuse, designated recyclable materials and source separated organic waste, if any, removed, and the charge for such estimated weight or volume of such waste, broken down by waste stream, along with a statement as to the method by which the estimated volume or weight was determined, and the date the most recent waste survey was completed; (iii) Any additional charges or fees imposed; and (7) a separate statement of sales tax collected. (b) Such bill, statement or invoice must be on a form approved by the Department. The Department may require an awardee to make changes to such form at any time, including after the Department has approved such form. (c) If an awardee utilizes a “flat” billing method for a customer, whether based on weight or on volume, the awardee must provide a waste survey for such customer no later than 180 calendar days after the date of the first invoice that utilizes a “flat” billing method, provided that a waste survey conducted by the awardee no earlier than 1 year prior to entering into an agreement with a customer pursuant to 16 RCNY § 20-26 may fulfill the requirements of this subdivision. The waste survey may be conducted by the awardee or a trade waste broker or other third party. All future invoices must be based on the most recently completed waste survey, and any overpayments by a customer prior to the completion of the initial waste survey according to the results of the waste survey must be reimbursed by the awardee to the customer within 60 calendar days of the completion of the waste survey. Awardees are not required to provide reimbursements based on subsequent waste surveys following the initial waste survey and are not permitted to retroactively seek additional payments from customers based on the results of the waste survey. Prior to the start of a waste survey, an awardee must inform the customer in writing when the survey will be conducted, and of the customer’s right to participate in the survey by independently monitoring the waste collected during the survey period. The waste survey must: (1) measure the average amount of waste collected from a customer, either in volume or by weight, broken out by waste stream; (2) be conducted over a period of 30 calendar days, or four consecutive collections of each waste stream, whichever period is longer, unless a period of 30 calendar days would result in surveying each waste stream more than eight times. In that case, the waste survey will be conducted over calendar 30 days, on varying days of the week, during each week of the 30 calendar-day period, with the result that each waste stream is measured no more than eight times; (3) be provided at no cost to the customer; (4) be conducted according to a form prescribed by the Department; (5) be recorded and sent to the customer within 10 days after the waste survey is completed, and a copy must be retained by the awardee for five years. (d) An awardee must perform an additional waste survey pursuant to this section if a customer requests an additional waste survey within 90 calendar days of such request, however, an awardee is not obligated to provide more than two waste surveys at no cost to the customer within any 12-month period. (e) For purposes of a “flat” billing method: (1) if the total amount for a waste stream surveyed for a single billing period is under 1 cubic yard or 100 pounds, the measurement may be rounded up to 1 cubic yard or 100 pounds; (2) if the total amount for a waste stream surveyed for a single billing period is over 1 cubic yard or 100 pounds, and the total amount is 0.5 cubic yards or more beyond the last whole cubic yard or 50 pounds or more beyond the last whole 100-pound increment, an awardee may round up the total volume or weight to the next highest cubic yard or 100 pounds, respectively; (3) if an awardee rounds up the total volume or weight pursuant to paragraph (2) of this subdivision, such awardee must also round down the total amount for a waste stream to the next lowest cubic yard or 100-pound increment when the volume is less than 0.5 cubic yards beyond the last whole cubic yard or less than 50 pounds beyond the last whole 100-pound increment, respectively. (f) If an awardee and a customer agree that the customer produces less than one cubic yard or less than 100 pounds per billing period of a given waste stream, the awardee is not required to conduct a waste survey of that waste stream; (g) An awardee must not submit a false or misleading waste survey to a customer or prospective customer. (h) If an awardee plans to utilize a “flat” billing method based on weight, or charge customers based on the actual weight of a customer’s waste, the awardee must use weighing devices, whether owned, rented or borrowed by the awardee, that are accurate to within five percent. Such devices may display weight in five-, ten-, or twenty-pound increments, or other increments approved by the Department. Awardees who use the services of a person or entity to weigh a customer’s waste have the responsibility of insuring that the weighing devices used by such person or entity are accurate to within five percent. The weight of a customer’s waste shall be determined net of the weight of the can, container, dumpster or other rigid container in which it is placed by the customer. (i) (1) An awardee may only accept cash payments from a customer for the collection, removal, or disposal of commercial waste: (i) At the awardee's primary office location or primary garage for storing commercial waste vehicles; or (ii) At a customer service location that has been approved by the Department. (2) Under no circumstances may an awardee accept cash payments for such services at the customer's business location. (3) An awardee must provide a receipt to the customer for all cash payments. (4) An awardee may not charge a customer any additional fees or charges for processing or accepting non-cash payments for commercial waste collection, removal or disposal services, except as authorized pursuant to subparagraph (xiii) of paragraph (2) of subdivision (c) of 16 RCNY § 20-21. (j) An awardee may not charge new or existing customers for payments not collected from other customers. (k) The awardee shall not assess new customers for payments owed from a previous customer. The awardee shall not charge existing customers in full or in part for payments owed from other customers. (Added City Record 11/16/2021, eff. 12/16/2021*; amended City Record 3/28/2025, eff. 4/27/2025; amended City Record 10/9/2025, eff. 11/8/2025) * Editor's note: For specific effective date provisions, see the editor's note at 16 RCNY Ch. 20.

16 RCNY § 20-28 Notifications.

§ 20-28 Notifications. (a) An awardee must provide each customer with such informational notices as the Department shall require throughout the term of service. (b) An awardee must comply with the notification protocols described in the awardee's zero waste plan for notifying the customer of significant designated recyclable material content in refuse and providing recommendations for compliance with the City's recycling requirements and diversion of designated recyclable materials, in accordance with 16 RCNY § 20-33. (c) On a monthly basis, an awardee must provide the Department with the following information for the previous month, in the form specified by the Department: (1) Any non-collections and the reasons therefor; (2) Any additional fees imposed and the reasons therefor; and (3) A list of customers to which the awardee or any of its designated carters provided notifications of significant designated recyclable material content in refuse pursuant to subdivision (b) of this section. (Added City Record 11/16/2021, eff. 12/16/2021*) * Editor's note: For specific effective date provisions, see the editor's note at 16 RCNY Ch. 20.

16 RCNY § 20-29 Commercial Waste Generation Audits

§ 20-29 Commercial Waste Generation Audits An awardee must provide to its customers commercial waste generation audit services and/or reimbursement for commercial waste generation audits by a third party in accordance with the requirements of the awardee's Zero Waste Plan. (Added City Record 11/16/2021, eff. 12/16/2021*) * Editor's note: For specific effective date provisions, see the editor's note at 16 RCNY Ch. 20.

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/0-0-0-153945Fetched: 10/24/2026