Section 16-501
§ 16-501 Definitions. a. "Applicant" shall mean, if a business entity
submitting an application for a license or registration pursuant to this
chapter, the entity and each principal thereof.
b. "Commission" shall mean the New York city trade waste commission as
established by section 16-502 of this chapter.
c. "Position" in a trade association shall mean an officer, member of
the board of directors, partner, trustee, shareholder holding ten
percent 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.
d. "Principal" shall mean, 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 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 or more of the outstanding shares of a
corporation is itself a partnership, or a corporation, a "principal"
shall also include the partners of such partnership or the officers,
directors and stockholders holding ten percent or more of the
outstanding shares of such corporation, as is appropriate. For the
purposes of this chapter (1) an individual shall be considered to hold
stock in a corporation where such stock is owned directly or indirectly
by or for (i) such individual; (ii) the spouse or domestic partner 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, domestic
partner, children, grandchildren or parents of such individual in the
aggregate own fifty percent or more in value of the stock of such
corporation; (2) a partnership shall be 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 shall be considered
to hold stock in a corporation that is an applicant as defined in this
section where such corporation holds fifty percent or more in value of
the stock of a third corporation that holds stock in the applicant
corporation.
e. "Trade association" shall mean 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.
f. "Trade waste" or "waste" shall mean: (1) all putrescible and
non-putrescible materials or substances, except as described in
paragraph two of this subdivision, that are discarded or rejected by a
commercial establishment required to provide for the removal of its
waste pursuant to section 16-116 of this 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 as defined in subdivision i of section
16-303 of this code that are generated by such commercial
establishments.
(2) The following are not "trade waste" or "waste" for the 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.
g. "Trade waste broker" shall mean a person or entity who, for a fee,
brokers agreements between commercial establishments and providers of
trade waste removal, collection or disposal services or conducts
evaluations or analyses of the waste generated by such commercial
establishments in order to recommend cost efficient means of waste
disposal or other changes in related business practices.
Section 16-502
§ 16-502 New York city trade waste commission. There is hereby created
a New York city trade waste commission. Such commission shall consist of
the commissioner of investigation, the commissioner of business
services, the commissioner of consumer affairs, the commissioner of
sanitation, and one member who shall be appointed by the mayor and shall
serve as chair with compensation therefor; provided that if the chair
holds other city office or employment, no additional compensation shall
be received. The chair shall have charge of the organization of the
commission and have authority to employ, assign and superintend the
duties of such officers and employees as may be necessary to carry out
the provisions of this chapter.
Section 16-503
§ 16-503 Functions. The commission shall be responsible for the
licensing, registration and regulation of businesses that remove,
collect or dispose of trade waste and trade waste brokers.
Section 16-504
§ 16-504 Powers and duties. The powers and duties of the commission
shall include but not be limited to:
a. To issue and establish standards for the issuance, suspension and
revocation of licenses and registrations authorizing the operation of
businesses engaged in the collection, removal or disposal of waste
within the city and trade waste broker businesses, provided that unless
otherwise provided herein, the commission may by resolution delegate to
the chair the authority to make individual determinations regarding:
issuance, suspension and revocation of such licenses and registrations;
investigations of background and determinations of fitness in regard to
employees of licensees; and the appointment of independent auditors and
monitors in accordance with the provisions of this chapter;
b. To establish maximum and minimum rates for the collection, removal,
or disposal of such waste;
c. To investigate any matter within the jurisdiction conferred by this
chapter and to have full power to compel the attendance, examine and
take testimony under oath of such persons as it may deem necessary in
relation to such investigation, and to require the production of books,
accounts, papers and other evidence relevant to such investigation;
d. To establish standards for service and for the regulation and
conduct of businesses licensed or registered pursuant to this chapter,
including but not limited to requirements governing the level of service
to be provided by licensees, contracts for trade waste removal, billing
form and procedures, the maintenance and inspection of records, the
maintenance of appropriate insurance, and compliance with safety and
health measures;
e. To appoint, within the appropriations available therefor, such
employees as may be required for the performance of the duties
prescribed herein. In addition to such employees appointed by the
commission, the commissioners of business services, investigation,
consumer affairs, transportation, sanitation, health, finance,
environmental protection and police may, at the request of the chair,
provide staff and other assistance to the commission in all matters
under its jurisdiction;
f. To conduct studies or investigations into the needs of commercial
and other enterprises for waste removal and the trade waste industry in
the city and other jurisdictions in order to assist the city in
formulating policies to provide for orderly and efficient trade waste
removal at a fair and reasonable cost to businesses;
g. To establish programs for the education of customers, including but
not limited to education of customers in the accurate assessment of the
types and volume or waste and the rights of such customers in
relationship to contracting, service and customer complaint procedures
established pursuant to this chapter;
h. To establish special trade waste removal districts pursuant to
section 16-523 of this chapter; and
i. To establish fees and promulgate rules as the commission may deem
necessary and appropriate to effect the purposes and provisions of this
chapter.
Section 16-505
§ 16-505 Licenses and registration required. a. It shall be unlawful
for any person to operate a business for the purpose of the collection
of trade waste from the premises of a commercial establishment required
to provide for the removal of such waste pursuant to the provisions of
section 16-116 of this code, or the removal or disposal of trade waste
from such premises, or to engage in, conduct or cause the operation of
such a business, without having first obtained a license therefor from
the commission pursuant to the provisions of this chapter.
Notwithstanding the provisions of this subdivision, a business solely
engaged in the removal of waste materials resulting from building
demolition, construction, alteration or excavation shall be exempt from
the licensing provisions of this subdivision where, except in regard to
the principals of a business solely in either or both of the class seven
or the class three category of licensees as defined in rules previously
promulgated by the commissioner of consumer affairs pursuant to
subchapter eighteen of chapter two of title twenty of this code, no
principal of such applicant is a principal of a business or a former
business required to be licensed pursuant to this chapter or such former
subchapter eighteen. Grant of such exemption shall be made by the
commission upon its review of an exemption application, which shall be
in the form and contain the information prescribed by rule of the
commission and shall be accompanied by a statement by the applicant
describing the nature of the applicant's business and listing all
principals of such business.
b. It shall be unlawful for any person to remove, collect or dispose
of trade waste that is generated in the course of operation of such
person's business, or to operate as a trade waste broker, without first
having registered with the commission. Nothing in this subdivision shall
be construed to require registration with the commission of (i) a
commercial establishment required to provide for the removal of waste
pursuant to section 16-116 of this code in order for such establishment
to remove recyclable materials generated in the course of its own
business to a location owned or leased by such establishment for the
purpose of collecting or storing such materials for sale or further
distribution; (ii) an owner or managing agent of a building in order to
remove recyclable materials generated by commercial tenants within such
building to a central location within such building for the purpose of
collecting or storing such materials for sale or further distribution;
or (iii) an owner of an establishment required to provide for the
removal of waste pursuant to section 16-116 of this code in order to
transport beverage containers, as such term is defined in section
27-1003 of the environmental conservation law, or any other recyclable
material generated in the course of operation of its own business, to a
redemption center, as such term is defined in section 27-1003 of such
law, or to any other place where payment will be received by the
commercial establishment for such materials. Notwithstanding any other
provision of this subdivision, a business granted an exemption from the
requirement for a license pursuant to subdivision a of this section
shall be thereupon issued a registration pursuant to this subdivision.
c. A license or registration issued pursuant to this chapter or any
rule promulgated hereunder shall not be transferred or assigned to any
person or used by any person other than the licensee or registrant to
whom it was issued.
Section 16-506
§ 16-506 Term and fee for license or registration. a. A license or
registration issued pursuant to this chapter shall be valid for a period
of two years.
b. The commission shall promulgate rules establishing the fee for any
license or registration required by this chapter. Such rules may provide
for a fee to be charged for each vehicle in excess of one that will
transport waste pursuant to such license and for each such vehicle
operated pursuant to such registration.
Section 16-507
§ 16-507 Registration application a. Except in the case of a business
issued a registration by reason of the grant of an exemption from the
requirement for a license pursuant to section 16-505 of this chapter, an
applicant for registration shall submit an application on a form
prescribed by the commission and containing such information as the
commission determines will adequately identify the business of such
applicant. An applicant for registration to remove trade waste generated
in the course of such applicant's business shall identify, in a manner
to be prescribed by the commission, each vehicle that will transport
waste pursuant to such registration. An application for registration as
a trade waste broker shall contain information regarding any financial,
contractual or employment relationship between such broker and a trade
waste business. Any such relationship shall be indicated on the
registration issued to such broker.
b. A registrant shall, in accordance with rules promulgated by the
commission pursuant to section 16-504 of this chapter, inform the
commission of any changes in the ownership composition of the
registrant, the addition or deletion of any principal at any time
subsequent to the issuance of the registration, the arrest or criminal
conviction of any principal of the business, or any other material
change in the information submitted on the application for registration.
c. (i) Notwithstanding any provision of this chapter, the commission
may, when there is reasonable cause to believe that a trade waste broker
who is an applicant for registration lacks good character, honesty and
integrity, require that such applicant be fingerprinted and provide to
the commission the information set forth in subdivision b of section
16-508 of this chapter and may, after notice and the opportunity to be
heard, refuse to register such applicant for the reasons set forth in
paragraphs (i) through (xi) of subdivision a of section 16-509 of this
chapter.
(ii) If at any time subsequent to the registration of a trade waste
broker or the issuance of a registration issued by reason of the grant
of an exemption from the requirement for a license pursuant to section
16-505 of this chapter, the commission has reasonable cause to believe
that any or all of the principals of such broker or such exempt business
do not possess good character, honesty and integrity, the commission may
require that such principal(s) be fingerprinted and provide the
background information required by subdivision b of section 16-508 of
this chapter and may, after notice and the opportunity to be heard,
revoke the registration of such trade waste broker or such exempt
business for the reasons set forth in paragraphs (i) through (x) of
subdivision a of section 16-509 of this chapter.
Section 16-508
§ 16-508 License application. a. An applicant for a license pursuant
to this chapter shall submit an application in the form and containing
the information prescribed by the commission. An application shall
include, without limitation: (i) a list of the names and addresses of
all principals of the applicant business, including any manager or other
person who has policy or financial decision-making authority in the
business; and (ii) a list of the names and job titles of all employees
and prospective employees of the applicant business who are or will be
engaged in the operation of the trade waste business; and (iii) such
other information as the commission shall determine by rule will
properly identify such employees and prospective employees.
b. An applicant shall: (i) be fingerprinted by a person designated for
such purpose by the commission and pay a fee to be submitted by the
commission to the division of criminal justice services for the purposes
of obtaining criminal history records; and (ii) provide to the
commission, upon a form prescribed by the commission and subject to such
minimum dollar thresholds and other reporting requirements established
on such form, information for the purpose of enabling the commission to
determine the good character, honesty and integrity of the applicant,
including but not limited to: (a) a listing of the names and addresses
of any person having a beneficial interest in the applicant, and the
amount and nature of such interest; (b) a listing of the amounts in
which such applicant is indebted, including mortgages on real property,
and the names and addresses of all persons to whom such debts are owed;
(c) a listing of such applicant's real property holdings or mortgage or
other interest in real property held by such applicant other than a
primary residence and the names and addresses of all co-owners of such
interest; (d) a listing of mortgages, loans, and instruments of
indebtedness held by such applicant, the amount of such debt, and the
names and addresses of all such debtors; (e) the name and address of any
business in which such applicant holds an equity or debt interest,
excluding any interest in publicly traded stocks or bonds; (f) the names
and addresses of all persons or entities from whom such applicant has
received gifts valued at more than one thousand dollars in any of the
past three years, and the name of all persons or entities (excluding any
organization recognized by the Internal Revenue Service under section
501(c)(3) of the Internal Revenue Code) to whom such applicant has given
such gifts; (g) a listing of all criminal convictions, in any
jurisdiction, of the applicant; (h) a listing of all pending civil or
criminal actions to which such applicant is a party; (i) a listing of
any determination by a federal, state or city regulatory agency of a
violation by such applicant of laws or regulations relating to the
conduct of the applicant's business where such violation has resulted in
the suspension or revocation of a permit, license or other permission
required in connection with the operation of such business or in a civil
fine, penalty, settlement or injunctive relief in excess of threshold
amounts or of a type set forth in the rules of the commission; (j) a
listing of any criminal or civil investigation by a federal, state, or
local prosecutorial agency, investigative agency or regulatory agency,
in the five year period preceding the application, wherein such
applicant has: (A) been the subject of such investigation, or (B)
received a subpoena requiring the production of documents or information
in connection with such investigation; (k) a certification that the
applicant has paid all federal, state, and local income taxes related to
the applicant's business for which the applicant is responsible for the
three tax years preceding the date of the application or documentation
that the applicant is contesting such taxes in a pending judicial or
administrative proceeding; (l) the name of any trade association in
which the applicant is or has been a member or held a position and the
time period during which such membership or position was held; (m) the
names and addresses of the principals of any predecessor trade waste
business of the applicant; and (n) such additional information
concerning good character, honesty and integrity that the commission may
deem appropriate and reasonable. An applicant may submit to the
commission any material or explanation which the applicant believes
demonstrates that any information submitted pursuant to subparagraphs
(g), (h), (i), or (j) of this paragraph does not reflect adversely upon
the applicant's good character, honesty and integrity. The commission
may require that such applicants pay such fees to cover the expenses of
fingerprinting and background investigations provided for in this
subdivision as are set forth in the rules promulgated pursuant to
section 16-504 of this chapter. Notwithstanding any other provision of
this chapter, for purposes of this section: (A) in the case of an
applicant which is a regional subsidiary of or otherwise owned, managed
by or affiliated with a business that has national or international
operations: (aa) (i) fingerprinting and disclosure under this section
shall also be required of any persons not employed by the applicant who
has direct management supervisory responsibility for the operations or
performance of the applicant; and (ii) the chief executive officer,
chief operating officer and chief financial officer, or any person
exercising comparable responsibilities and functions, of any regional
subsidiary or similar entity of such business over which any person
subject to fingerprinting and disclosure under item (i) of this clause
exercises similar responsibilities shall be fingerprinted and shall
submit the information required pursuant to subparagraphs (g) and (h) of
this paragraph, as well as such additional information pursuant to this
paragraph as the commission may find necessary; and (bb) the listing
specified under subparagraph (j) of this paragraph shall also be
provided for any regional subsidiary or similar entity of the national
or international business for which fingerprinting and disclosure by
principals thereof is made pursuant to (aa) of this paragraph; and (B)
"predecessor trade waste business" shall mean any business engaged in
the removal, collection or disposal of trade waste in which one or more
principals of the applicant were principals in the five year period
preceding the application. For purposes of determining the good
character, honesty and integrity of a business that removes, collects or
disposes of trade waste, a trade waste broker or a business issued a
registration by reason of the grant pursuant to section 16-505 of this
chapter of an exemption from the requirement for a license, the term
"applicant" shall apply to the business of such trade waste business,
trade waste broker or exempt business and, except as specified by the
commission, all the principals thereof; for purposes of investigations
of employees or agents pursuant to section 16-510 of this chapter, the
term "applicant" as used herein shall be deemed to apply to employees,
agents or prospective employees or agents of an applicant for a license
or a licensee. Notwithstanding any provision of this subdivision, the
commission may accept, in lieu of submissions required pursuant to this
subdivision, information, such as copies of submissions to any federal,
state or local regulatory entity, where and to the extent that the
commission finds that the contents of such submissions are sufficient or
comparable to that required by this subdivision.
c. A licensee shall, in accordance with rules promulgated by the
commission pursuant to section 16-504 of this chapter, inform the
commission of any changes in the ownership composition of the licensee,
the addition or deletion of any principal at any time subsequent to the
issuance of the license, membership in a trade association in addition
to an association identified in the application submitted pursuant to
this section, the arrest or criminal conviction of any principal of the
business, or any other material change in the information submitted on
the application for a license. A licensee shall provide the commission
with notice of at least ten business days of the proposed addition of a
new principal to the business of such licensee. The commission may waive
or shorten such period upon a showing that there exists a bona fide
business requirement therefor. Except where the commission determines
within such period, based upon information available to it, that the
addition of such new principal may have a result inimical to the
purposes of this chapter, the licensee may add such new principal
pending the completion of review by the commission. The licensee shall
be afforded an opportunity to demonstrate to the commission that the
addition of such new principal pending completion of such review would
not have a result inimical to the purposes of this chapter. If upon the
completion of such review, the commission determines that such principal
lacks good character, honesty and integrity, the license shall cease to
be valid unless such principal divests his or her interest, or
discontinues his or her involvement in the business of such license, as
the case may be, within the time period prescribed by the commission.
d. Each applicant shall provide the commission with a business address
in New York city where notices may be delivered and legal process
served.
Section 16-509
§ 16-509 Refusal to issue a license. a. The commission may, by
majority vote of its entire membership and after notice and the
opportunity to be heard, refuse to issue a license to an applicant who
lacks good character, honesty and integrity. Such notice shall specify
the reasons for such refusal. In making such determination, the
commission may consider, but is not limited to: (i) failure by such
applicant to provide truthful information in connection with the
application; (ii) a pending indictment or criminal action against such
applicant for a crime which under this subdivision would provide a basis
for the refusal of such license, or a pending civil or administrative
action to which such applicant is a party and which directly relates to
the fitness to conduct the business or perform the work for which the
license is sought, in which cases the commission may defer consideration
of an application until a decision has been reached by the court or
administrative tribunal before which such action is pending; (iii)
conviction of such applicant for a crime which, considering the factors
set forth in section seven hundred fifty-three of the correction law,
would provide a basis under such law for the refusal of such license;
(iv) a finding of liability in a civil or administrative action that
bears a direct relationship to the fitness of the applicant to conduct
the business for which the license is sought; (v) commission of a
racketeering activity or knowing association with a person who has been
convicted of a racketeering activity, including but not limited to the
offenses listed in subdivision one of section nineteen hundred sixty-one
of the Racketeer Influenced and Corrupt Organizations statute (18 U.S.C.
§ 1961 et seq.) or of an offense listed in subdivision one of section
460.10 of the penal law, as such statutes may be amended from time to
time, or the equivalent offense under the laws of any other
jurisdiction; (vi) association with any member or associate of an
organized crime group as identified by a federal, state or city law
enforcement or investigative agency when the applicant knew or should
have known of the organized crime associations of such person; (vii)
having been a principal in a predecessor trade waste business as such
term is defined in subdivision a of section 16-508 of this chapter where
the commission would be authorized to deny a license to such predecessor
business pursuant to this subdivision; (viii) current membership in a
trade association where such membership would be prohibited to a
licensee pursuant to subdivision j of section 16-520 of this chapter
unless the commission has determined, pursuant to such subdivision, that
such association does not operate in a manner inconsistent with the
purposes of this chapter; (ix) the holding of a position in a trade
association where membership or the holding of such position would be
prohibited to a licensee pursuant to subdivision j of section 16-520 of
this chapter; (x) failure to pay any tax, fine, penalty, fee related to
the applicant's business for which liability has been admitted by the
person liable therefor, or for which judgment has been entered by a
court or administrative tribunal of competent jurisdiction. For purposes
of determination of the character, honesty and integrity of a trade
waste broker pursuant to subdivision c or subdivision d of section
16-507 of this chapter, the term "applicant" shall refer to the business
of such trade waste broker and all the principals thereof; for purposes
of determining the good character, honesty and integrity of employees or
agents pursuant to section 16-510 of this chapter, the term "applicant"
as used herein shall be deemed to apply to employees, agents or
prospective employees or agents of an applicant for a license or a
licensee.
b. The commission may refuse to issue a license or registration to an
applicant for such license or an applicant for registration who has
knowingly failed to provide the information and/or documentation
required by the commission pursuant to this chapter or any rules
promulgated pursuant hereto or who has otherwise failed to demonstrate
eligibility for such license under this chapter or any rules promulgated
pursuant hereto.
c. The commission may refuse to issue a license to an applicant when
such applicant: (i) was previously issued a license or a trade waste
permit pursuant to this chapter or former subchapter eighteen of chapter
two of title twenty of this code and such license was revoked pursuant
to the provisions of this chapter or revoked or not renewed pursuant to
the provisions of such former subchapter eighteen or any rules
promulgated thereto; or (ii) has been determined to have committed any
of the acts which would be a basis for the suspension or revocation of a
license pursuant to this chapter or any rules promulgated hereto.
d. The commission may refuse to issue a license pursuant to this
chapter to any applicant, where such applicant or any of the principals
of such applicant have been principals of a licensee whose license has
been revoked pursuant to paragraph two of subdivision b of section
16-513 of this chapter.
Section 16-510
§ 16-510 Investigation of employees. a. (i) Each person who is not
otherwise a principal as defined in section 16-501 of this chapter and
who is employed or proposed to be employed by a licensee in a managerial
capacity, or in a job category specified in rules promulgated by the
commission pursuant to section 16-504 of the chapter, and each person
who acts or is proposed to act in such a capacity or in such a category
as an agent of a licensee, shall:
(i) be fingerprinted by a person designated for such purpose by the
commission and pay a fee to be submitted by the commission to the
division of criminal justice services for the purposes of obtaining
criminal history records, and (ii) submit to the commission the
information set forth in subparagraphs (b) through (n) of paragraph (ii)
of subdivision b of section 16-508 of this chapter and pay the fee for
the investigation of such information set forth in the rules promulgated
pursuant to section 16-504 of this chapter. Where, at any time
subsequent to an investigation of an employee subject to the provisions
of this subdivision, the commission has reasonable cause to believe that
such employee lacks good character, honesty and integrity, the
commission may conduct an additional investigation of such employee and
may require, if necessary, that such employee provide information
updating, supplementing or explaining information previously submitted.
The job categories specified in rules of the commission for purposes of
such fingerprinting and disclosure shall not include personnel engaged
solely in operating vehicles or handling waste or clerical personnel who
have no contact with customers.
(ii) Notwithstanding any other provision of this chapter, a licensee
shall provide the commission with notice of at least ten business days
of the proposed addition to the business of the licensee of any person
subject to the provisions of this subdivision. The commission may waive
or shorten such ten day period upon a showing that there exists a bona
fide business requirement therefor. Except where the commission
determines within such period, based on information available to it,
that the addition of such new person may have a result inimical to the
purposes of this chapter, the licensee may add such person pending the
completion of an investigation by the commission. The licensee shall be
afforded an opportunity to demonstrate to the commission that the
addition of such new person pending completion of the investigation
would not have a result inimical to the purposes of this chapter. If
upon the completion of such investigation, the commission makes a final
determination that such person lacks good character, honesty and
integrity, the license shall cease to be valid unless the employment of
such person in the business of such licensee is discontinued within the
time period prescribed by the commission.
b. (i) Where the commission has reasonable cause to believe that an
employee or agent or prospective employee or agent of a licensee or an
applicant for a license not subject to the provisions of subdivision a
of this section lacks good character, honesty and integrity, the
commission shall notify such employee or agent or prospective employee
or agent that he or she shall be required to be fingerprinted and submit
the information required by subdivision a of this section.
c. Where, following a background investigation conducted pursuant to
this section, the official designated by the commission to review the
findings of such investigation concludes that an employee or agent or
prospective employee or agent of a licensee lacks good character,
honesty and integrity, such person shall be provided with notice of such
conclusion and the reasons therefor and may contest the conclusion in
person or in writing to such official. Such official shall review such
response and, in the event that he or she continues to find that such
person lacks good character, honesty and integrity, shall submit such
final conclusion to the commission. The commission shall provide such
person with notice of the conclusion of the official and an opportunity
to be heard to appeal such conclusion before the commission makes a
final determination.
d. A licensee shall not employ or engage as an agent any person with
respect to whom the commission has made a final determination, following
a background investigation conducted pursuant to this section, that such
person lacks good character, honesty and integrity.
Section 16-511
§ 16-511 Independent auditing or monitoring required. a. The
commission may, in the event the background investigation conducted
pursuant to section 16-508 of this chapter produces adverse information,
require as a condition of a license that the licensee enter into a
contract with an independent auditor approved or selected by the
commission. Such contract, the cost of which shall be paid by the
licensee, shall provide that the auditor investigate the activities of
the licensee with respect to the licensee's compliance with the
provisions of this chapter, other applicable federal, state and local
laws and such other matters as the commission shall determine by rule.
The contracts shall provide further that the auditor report the findings
of such monitoring and investigation to the commission on a periodic
basis, no less than four times a year.
b. In the case of an applicant or licensee who is the subject of a
pending indictment or criminal action for a crime that would provide a
basis for the refusal to issue a license under this chapter, the
commission, in its discretion, may, in the case of an applicant, refrain
from making a licensing determination until final disposition of the
criminal case, and may also require as a condition of the license that
an applicant or licensee enter into a contract with an independent
monitor approved or selected by the commission. The cost of such
contract shall be paid by the applicant or licensee, and such contract
shall require that the monitor review and either approve or disapprove
certain actions proposed to be taken by the licensee, where such actions
fall within a category identified by rule of the commission as having a
particular bearing on the fitness of an applicant or a licensee to hold
a license to conduct a trade waste removal business under this chapter.
Such actions shall include, without limitation, any decision to assign
contracts for the removal, collection or disposal of trade waste, any
decision to transfer an ownership interest or substantial assets to
another person or entity where such interests or assets exceed a
threshold established in such rule, any significant expenditure by the
business as defined in such rule, and the initiation of any litigation
against a customer or another trade waste removal business or its
customer. The monitor shall report promptly to the commission concerning
the disposition of any such actions in the manner set forth in rules of
the commission.
c. The commission shall be authorized to prescribe, in any contract
required by the commission pursuant to this section, such reasonable
terms and conditions as the commission deems necessary to effectuate the
purposes hereof.
Section 16-512
§ 16-512 Investigations by the department of investigation. In
addition to any other investigation authorized pursuant to law, the
commissioner of the department of investigation shall, at the request of
the commission, conduct a study or investigation of any matter arising
under the provisions of this chapter, including but not limited to
investigation of the information required to be submitted by applicants
for licenses and employees and the ongoing conduct of licensees.
Section 16-513
§ 16-513 Revocation or suspension of license or registration. a. In
addition to the penalties provided in section 16-515 of this chapter,
the commission may, after due notice and opportunity to be heard, revoke
or suspend a license or registration issued pursuant to the provisions
of this chapter when the registrant or licensee and/or its principals,
employees and/or agents: (i) have been found to be in violation of this
chapter or any rules promulgated pursuant thereto; (ii) have been found
by a court or administrative tribunal of competent jurisdiction to have
violated: (A) any provision of section 16-119 of this code, or any rule
promulgated pursuant thereto, relating to illegal dumping, (B) any
provision of section 16-120.1 of this code, or any rule promulgated
pursuant thereto, relating to the disposal of regulated medical waste
and other medical waste or (C) any provision of section 16-117.1 of this
code, or any rule promulgated pursuant thereto, relating to the
transportation and disposal of waste containing asbestos; (iii) has
repeatedly failed to obey lawful orders of any person authorized by
section 16-517 of this chapter to enforce the provisions hereof; (iv)
has failed to pay, within the time specified by a court, the department
of consumer affairs or an administrative tribunal of competent
jurisdiction, any fines or civil penalties imposed pursuant to this
chapter or the rules promulgated pursuant thereto; (v) has been found in
persistent or substantial violation of any rule promulgated by the
commission pursuant to section 16-306 of this code or by the
commissioner of consumer affairs pursuant to section 16-306 or former
subchapter eighteen of title twenty of this code; (vi) has been found in
persistent or substantial violation of any city, state, or federal law,
rule or regulation regarding the handling of trade waste, or any laws
prohibiting deceptive, unfair, or unconscionable trade practices; (vii)
whenever, in relation to an investigation conducted pursuant to this
chapter, the commission determines, after consideration of the factors
set forth in subdivision a of section 16-509 of this code, that the
licensee or registrant as a trade waste broker lacks good character,
honesty and integrity; (viii) whenever there has been any false
statement or any misrepresentation as to a material fact in the
application or accompanying papers upon which the issuance of such
license or registration was based; or (ix) whenever the licensee or
registrant has failed to notify the commission as required by
subdivision b of section 16-507 or subdivision c of section 16-508 of
this chapter of any change in the ownership interest of the business or
other material change in the information required on the application for
such license or registration, or of the arrest or criminal conviction of
such licensee or registrant or any of his or her principals, employees
and/or agents of which the licensee had knowledge or should have known.
b. The commission shall, in addition: (1) suspend a license issued
pursuant to this chapter for thirty days following determination that
the licensee, or any of its principals, employees or agents has violated
subdivision a of section 16-524 of this chapter; and (2) revoke a
license issued pursuant to this chapter upon determination that the
licensee, or any of its principals, employees or agents has violated
subdivision a of section 16-524 of this chapter two times within a
period of three years.
Section 16-514
§ 16-514 Emergency suspension of license or registration.
Notwithstanding any other provision of this chapter or rules promulgated
thereto, the commission may, upon a determination that the operation of
the business of a licensee or the removal of waste by a business
required by this chapter to be registered creates an imminent danger to
life or property, or upon a finding that there has likely been false or
fraudulent information submitted in an application pursuant to section
16-507 or section 16-508 of this chapter, immediately suspend such
license or registration without a prior hearing, provided that provision
shall be made for an immediate appeal of such suspension to the chair of
the commission who shall determine such appeal forthwith. In the event
that the chair upholds the suspension, an opportunity for a hearing
shall be provided on an expedited basis, within a period not to exceed
four business days and the commission shall issue a final determination
no later than four days following the conclusion of such hearing.
Section 16-515
§ 16-515 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
any of the rules promulgated thereto shall be liable for a civil penalty
which shall not exceed ten thousand dollars for each such violation.
Such civil penalty may be recovered in a civil action or may be
returnable to the department of consumer affairs or other administrative
tribunal of competent jurisdiction;
b. (i) Any person who violates subdivision a of section 16-505 or
section 16-524 of this chapter 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 for each day of
such violation to be recovered in a civil action or returnable to the
department of consumer affairs or other administrative tribunal of
competent jurisdiction; and
c. Any person who violates subdivision b of section 16-505 of this
chapter or any rule pertaining thereto shall, upon conviction thereof,
be punished by a civil penalty not to exceed one thousand dollars for
each such violation to be recovered in a civil action or returnable to
the department of consumer affairs or other administrative tribunal of
competent jurisdiction.
d. 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.
e. (i) In addition to any other penalty prescribed in this section for
the violation of subdivisions a or b of section 16-505 or subdivision a
of section 16-524 of this chapter, or when there have been three or more
violations within a three year period of the provisions herein, the
commission shall, after notice and the opportunity to be heard, 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 posted at the premises from which activity in
violation of such provisions occurs.
(ii) Ten days after the posting of an order issued pursuant to
paragraph (i) of this subdivision, this order may be enforced by any
person so authorized by section 16-517 of this chapter.
(iii) 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.
(iv) 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 or unauthorized activity in a
special trade waste district, demonstration 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 section 16-505 or subdivision a of section 16-524
of this chapter.
(v) 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.
(vi) 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.
Section 16-516
§ 16-516 Liability for violations. A business required by this chapter
to be licensed or registered shall be liable for violations of any of
the provisions of this chapter or any rules promulgated pursuant hereto
committed by any of its employees and/or agents.
Section 16-517
§ 16-517 Enforcement. Notices of violation for violations of any
provision of this chapter or any rule promulgated hereunder may be
issued by authorized employees or agents of the commission. In addition,
such notices of violation may be issued by the police department, and,
at the request of the commission and the consent of the appropriate
commissioner, by authorized employees and agents of the department of
consumer affairs, the department of small business services, the
department of transportation, and the department of sanitation.
Section 16-518
§ 16-518 Hearings. a. A hearing pursuant to this chapter may be
conducted by the commission, or, in the discretion of the commission, by
an administrative law judge employed by the office of administrative
trials and hearings or other administrative tribunal of competent
jurisdiction. Where a hearing pursuant to a provision of this chapter is
conducted by an administrative law judge, such judge shall submit
recommended findings of fact and a recommended decision to the
commission, which shall make the final determination.
b. Notwithstanding the provisions of subdivision a of this section,
the commission may provide by rule that hearings or specified categories
of hearings pursuant to this chapter may be conducted by the department
of consumer affairs. Where the department of consumer affairs conducts
such hearings, the commissioner of consumer affairs shall make the final
determination.
Section 16-519
§ 16-519 Rate fixing; hearings and production of records. The
commission shall have the power to fix by rule and from time to time
refix maximum and minimum rates, fixed according to weight or volume of
trade waste, for the removal of waste by a licensee, which rates shall
be based upon a fair and reasonable return to the licensees and shall
protect those using the services of such licensees from excessive or
unreasonable charges. The commission may compel the attendance at a
public hearing held pursuant to a rate-fixing rule-making of licensees
and other persons having information in their possession in regard to
the subject matter of such hearing and may compel the production of
books and records in relation thereto, and may require licensees to file
with the commission schedules of rates.
Section 16-520
§ 16-520 Conduct by licensees of trade waste collection, removal or
disposal. a. Every licensee pursuant to this chapter shall provide to
every recipient of its services a sign which the licensee shall obtain
from the commission. In addition to the information printed on the sign
by the commission, the licensee shall print the day and approximate time
of pickup clearly and legibly on the sign. Such sign shall be
conspicuously posted as prescribed in section 16-116(b) of this code by
the owner, lessee or person in control of the commercial establishment
which receives the licensee's services.
b. Except as otherwise provided in subdivision d of section 16-523, a
licensee shall not charge, exact or accept rates for the collection,
removal or disposal of trade waste any amount greater than any maximum
rates or less than any minimum rates that the commission may fix
pursuant to section 16-519 of this chapter.
c. All licensees shall maintain audited financial statements, records,
ledgers, receipts, bills and such other written records as the
commission determines are necessary or useful for carrying out the
purposes of this chapter. Such records shall be maintained for a period
of time not to exceed five years to be determined by rule by the
commission, provided however, that such rule may provide that the
commission may, in specific instances at its discretion, require that
records be retained for a period of time exceeding five years. Such
records shall be made available for inspection and audit by the
commission at its request at either the licensee's place of business or
at the offices of the commission.
d. A licensee shall be in compliance with all applicable state,
federal and local laws, ordinances, rules and regulations pertaining to
the collection, removal and disposal of trade waste.
e. (i) A contract for the collection, removal or disposal of trade
waste shall not exceed two years in duration. All such contracts shall
be approved as to form by the commission.
(ii) An assignee of contracts for the removal, collection or disposal
of trade waste shall notify each party to a contract so assigned of such
assignment and of the right of such party to terminate such contract
within three months of receiving notice of such assignment upon thirty
days notice. Such notification shall be by certified mail with the
receipt of delivery thereof retained by the assignee and shall be upon a
form prescribed by the commission. Where no written contract exists with
a customer for the removal, collection or disposal of trade waste, a
company that assumes such trade waste removal from another company shall
provide such customer with notice that a new company will be providing
such trade waste removal and that the customer has the right to
terminate such service. Such notice shall be by certified mail with the
receipt of delivery thereof retained by the assignee.
f. A licensee shall bill commercial establishments for removal,
collection or disposal of trade waste in a form and manner to be
prescribed by the commission.
g. A licensee shall not refuse to provide service to a commercial
establishment that is located within an area of ten blocks from an
establishment served by such licensee unless such licensee has
demonstrated to the commission a lack of capacity or other business
justification for the licensee's refusal to service such establishment.
For the purposes of this subdivision, the term "block" shall mean the
area of a street spanning from one intersection to the next.
h. A licensee shall provide to the commission the names of any
employees proposed to be hired or hired subsequent to the issuance of a
license and such information regarding such employees as is required in
regard to employees and prospective employees pursuant to subdivision a
of section 16-508 of this chapter.
i. A licensee who provides services for a commercial establishment
shall keep the sidewalk, flagging, curbstone and roadway abutting such
establishment free from obstruction, garbage, refuse, litter, debris and
other offensive material resulting from the removal by the licensee of
trade waste.
j. (i) No licensee or principal thereof shall be a member or hold a
position in any trade association: (aa) where such association, or a
predecessor thereof as determined by the commission, has violated state
or federal antitrust statutes or regulations, or has been convicted of a
racketeering activity or similar crime, including but not limited to the
offenses listed in subdivision one of section nineteen hundred sixty-one
of the Racketeer Influenced and Corrupt Organizations statute (18 U.S.C.
§ 1961 et seq.) or an offense listed in subdivision one of section
460.10 of the penal law, as such statutes may be amended from time to
time; (bb) where a person holding a position in such trade association,
or a predecessor thereof as determined by the commission, has violated
state or federal antitrust statutes or regulations, or has been
convicted of a racketeering activity or similar crime, including but not
limited to the offenses listed in subdivision one of section nineteen
hundred sixty-one of the Racketeer Influenced and Corrupt Organizations
statute (18 U.S.C. § 1961 et seq.) or an offense listed in subdivision
one of section 460.10 of the penal law, as such statutes may be amended
from time to time; (cc) where a person holding a position in such trade
association, or a predecessor thereof as determined by the commission,
is a member or associate of an organized crime group as identified by a
federal, state or city law enforcement or investigative agency; or (dd)
where the trade association has failed to cooperate fully with the
commission in connection with any investigation conducted pursuant to
this chapter. The commission may determine, for purposes of this
subdivision, that a trade association is a predecessor of another such
trade association by finding that transfers of assets have been made
between them or that all or substantially all of the persons holding
positions in the two associations are the same. A licensee shall be in
violation of this paragraph when the licensee knows or should know of a
violation, conviction, association with organized crime or failure to
cooperate set forth herein.
(ii) Notwithstanding the provisions of paragraph (i) of this
subdivision, the commission may permit a licensee to be a member of such
a trade association upon a determination by the commission that such
association does not operate in a manner inconsistent with the purposes
of this chapter.
Section 16-521
§ 16-521 Conduct of trade waste brokers. a. A trade waste broker shall
not conduct an evaluation or analysis of the trade waste generated by a
commercial establishment in order to recommend cost efficient means of
waste disposal or other changes in related business practices, or broker
a transaction between a commercial establishment which seeks trade waste
removal, collection or disposal services and a trade waste business
required to be licensed pursuant to this chapter, unless such broker has
first presented a copy of his or her registration to such consumer.
b. A trade waste broker who conducts an evaluation or analysis of a
trade waste generated by a commercial establishment in order to
recommend cost efficient means of waste disposal or other changes in
related business practices shall not request or accept any payment in
regard to such evaluation or analysis from a party other than the
commercial establishment for whom such services are performed unless
such broker has first disclosed to such establishment that he or she
proposes to request or accept such payment.
c. A trade waste broker who brokers a transaction between a commercial
establishment seeking trade waste removal, collection or disposal
services and a trade waste business required to be licensed pursuant to
this chapter shall not request or accept payment from such trade waste
business.
d. A trade waste broker shall not engage in the collection of fees
from commercial establishments for trade waste removal by a trade waste
business required to be licensed pursuant to this chapter except where:
(i) the contract for such fee collection complies with standards set
forth in rules promulgated by the commission; (ii) such fee collection
is upon the request of the customer; and (iii) such fee collection is
part of an agreement providing for other services such as periodic waste
evaluation and consulting with respect to source separation, recycling
or other business practices relating to trade waste.
e. A trade waste broker shall maintain such financial statements,
records, ledgers, receipts, bills and other written records as the
commission determines are necessary or useful for carrying out the
purposes of this chapter. Such records shall be maintained for a period
of time not to exceed five years to be determined by rule by the
commission, provided however, that such rule may provide that the
commission may, in specific instances at its discretion, require that
records be retained for a period of time exceeding five years. Such
records shall be made available for inspection and audit by the
commission at its request at either the place of business of the trade
waste broker or at the offices of the commission.
Section 16-522
§ 16-522 Investigation of customer complaints. The commission shall by
rule establish a procedure for the investigation and resolution of
complaints by commercial establishments regarding overcharging and other
problems relating to the collection, removal or disposal of waste.
Section 16-523
§ 16-523 Special trade waste removal districts; designation;
agreement. a. The commission shall by rule designate no more than two
areas of the city in commercial areas within different boroughs to
participate in a pilot project as special trade waste removal districts.
In making any such designation, the commission shall consider:
1. the number and types of commercial establishments within the
proposed district;
2. the amount and types of waste generated by commercial
establishments within the proposed district;
3. existing service patterns within the proposed district;
4. the types and estimated amounts of recyclable materials generated
by commercial establishments within the proposed district that are
required to be recycled, reused or sold for reuse pursuant to section
16-306 of this code and any rules promulgated pursuant thereto;
5. the rates being charged by persons licensed pursuant to this
subchapter to commercial establishments within the proposed district;
and
6. the history of complaints from commercial establishments within the
the district regarding overharging for the removal of trade waste or the
inability to change providers of trade waste removal services.
b. For each area designated as a special trade waste removal district
by the commission pursuant to subdivision a of this section, the
commission shall be authorized to enter into agreements with one or more
specified licensee(s) permitting such licensee(s) to provide for the
removal of trade waste within such district. The term of any such
agreement, inclusive of any period by which the original term is
extended at the option of the commission, shall not exceed two years. No
such agreement(s) shall be entered into until a public hearing has been
held with respect thereto after publication in the City Record at least
thirty days in advance of such hearing and the commission has solicited
as part of the record of such hearing whether there is support for the
establishment of such special trade waste removal district from local
business organizations or business improvement districts.
c. The commission shall issue requests for proposals to conduct trade
waste removal in a special trade waste removal district and, based upon
the review and evaluation of responses thereto, may negotiate and enter
into such agreement(s) pursuant to subdivision b of this section, as the
commission, in its discretion, determines will best provide for the
efficient and orderly removal of trade waste in such district. Such
request for proposals shall solicit information regarding the
qualifications of proposers, the nature and frequency of the trade waste
removal services to be provided, the rate or rates to be charged to
establishments for such services, the nature and extent of recycling
services and waste audit services, if any, to be provided, and any other
information relating to performance standards, customer service and
security of performance the commission deems appropriate. The commission
shall enter into one or more such agreement(s) if it finds, on the basis
of the proposals, that such agreement(s) will likely result in improved
customer service and lower rates.
d. Any agreement(s) entered into pursuant to subdivision b of this
section shall:
(1) specify the area within which services will be provided under such
agreement;
(2) specify the frequency with which trade waste will be removed;
(3) specify the maximum rate or rates to be charged to establishments
in such area for the removal of trade waste generated by such
establishments;
(4) specify any recycling services and any waste audit programs to be
provided to establishments within such area;
(5) establish a procedure to determine the type and volume of waste
removed from establishments in order to ensure adequate assessment of
the charges for such removal, and prescribe any other appropriate
requirements relating to performance standards, customer service,
security of performance, or such other matters as the commission deems
necessary to effectuate the purposes of this section; and
(6) require that the licensee shall enter into a contract with an
independent auditor approved or selected by the commission, and that
such contract, the cost of which shall be paid by the licensee, shall
provide: that the auditor shall investigate the activities of the
licensee with respect to the licensee's compliance with the provisions
of this chapter, other applicable federal, state and local laws and such
other matters as the commission shall determine by rule; and that the
auditor shall report the findings of such monitoring and investigation
to the commission on a periodic basis, no less than four times a year.
The commission shall be authorized to prescribe such reasonable terms
and conditions in such contract as the commission deems necessary to
effectuate the purposes of this section.
e. No service provided pursuant to an agreement entered into pursuant
to subdivision b of this section shall be subcontracted, nor shall the
right to provide service pursuant to such an agreement be assigned or
otherwise delegated, whether upon an emergency or any other basis,
unless the commission has provided specific written authorization
therefor.
f. The commission shall be authorized, upon due notice and hearing, to
terminate an agreement entered into pursuant to subdivision b of this
section based upon a determination that there has been a default in the
performance of the terms and conditions of such agreement. In the event
of termination, if the remaining licensees authorized to remove trade
waste in the special trade waste district lack the capacity to
adequately service the commercial establishments in such districts the
commission may, as appropriate: (i) enter into an additional agreement
with a licensee who responded to the request for proposals previously
issued for the special trade waste removal district pursuant to
subdivision c of this section; or (ii) issue a new request for proposals
pursuant to subdivision c of such section.
g. The provisions of this section and agreements concluded pursuant to
subdivision b of this section shall not apply to:
(1) the collection and disposal of recyclable materials as such term
is defined in subdivision i of section 16-303 of this code where a
commercial establishment wishes to contract separately for the sale of
any such materials;
(2) the collection and disposal of regulated medical waste pursuant to
section 16-120.1 of this code;
(3) the collection and disposal of waste containing asbestos pursuant
to section 16-117.1 of this code;
(4) the collection and disposal of demolition and construction debris
or waste;
(5) the collection and disposal of hazardous waste pursuant to section
27-0901 of the environmental conservation law, including material
containing hazardous waste;
(6) the removal and disposal of waste by the owner, lessee or person
in control of a commercial establishment;
(7) the removal and disposal of trade waste from a building with a
floor area of two hundred thousand square feet or more, when the owner
or managing agent of such building elects to arrange for the removal and
disposal of all the trade waste from such building by a licensee other
than a licensee with whom the commission has entered into agreement
pursuant to subdivision b of this section; and
(8) the removal and disposal of trade waste from a building located
within the special trade waste removal district owned or controlled by
an individual or an entity that owns or controls a building or buildings
within the city of New York which, in the aggregate, occupy a floor area
of one million square feet or more, where the contract for the
collection, removal or disposal of trade waste for the building located
within the special trade waste removal district is with a licensee who
also provides trade waste removal services for other buildings within
the city of New York that are owned or controlled by such individual or
entity. For the purpose of this paragraph: an entity shall be defined as
a sole proprietorship, partnership, corporation, net lessee, mortgagee
or vendee in possession, a trustee in bankruptcy or a receiver; and an
individual shall be defined as a sole proprietor, the managing or
general partner of one or more partnerships or the chief operating
officer or executive officer of one or more corporations. An
individual's aggregate ownership or controlling interest shall be
computed by adding the square footage of all buildings within the city
of New York owned by partnerships and corporations in which the
individual serves as the managing or general partner of the partnerships
and/or the chief operating officer or executive officer of the
corporations, including those buildings where the managing or general
partner is a corporation in which the individual is the chief operating
officer or executive officer.
h. Except for a licensee who has entered into an agreement with the
commission pursuant to subdivision b of this section, a trade waste
business required to be licensed pursuant to this chapter shall notify
the commission of any agreement to provide a service described in
subdivision g of this section within a special trade waste district. The
commission may provide by rule for the visual identification of vehicles
providing such services in a special trade waste district.
i. Nothing in subdivision g of this section shall be construed to
prohibit a commercial establishment in a special trade waste district
from contracting for the services described in such subdivision with a
licensee who has concluded an agreement pursuant to subdivision b of
this section.
Section 16-524
§ 16-524 Special trade waste removal districts; violations;
enforcement. a. Upon the date of commencement of service pursuant to
agreements entered into pursuant to subdivision b of section 16-523 of
this chapter permitting specified licensees to provide for the removal
of trade waste generated by commercial establishments within a special
trade waste district designated by the commission, (i) any contract for
trade waste removal, except for services set forth in subdivision g of
section 16-523 of this chapter, with a business other than a licensee
who has entered into an agreement pursuant to subdivision b of section
16-513 of this chapter shall be considered terminated, and (ii) it shall
be unlawful for any person not party to such an agreement, other than a
person who is performing a contract for services set forth in
subdivision g of section 16-523, whether or not licensed pursuant to
this chapter, to provide for the removal of trade waste within such
district, or to solicit commercial establishments located within such
district for such purpose, or to make false, falsely disparaging or
misleading oral or written statements or other representations to the
owners or operators of such commercial establishments which have the
capacity, tendency or effect of misleading such owners or operators, for
the purpose of interfering with performance of terms of such an
agreement.
b. Whenever a person interferes or attempts to interfere by threats,
intimidation, or coercion, or by destruction or damage of property or
equipment, with performance of the terms of an agreement entered into
pursuant to subdivision b of section 16-523 of this code, the
corporation counsel, at the request of the commission, may bring a civil
action on behalf of the city for injunctive and other appropriate relief
in order to permit the uninterrupted and unimpeded delivery of such
services. Violations of an order issued pursuant to this subdivision may
be punished by a proceeding for contempt brought pursuant to article
nineteen of the judiciary law and, in addition to any relief thereunder,
a civil penalty may be imposed not exceeding ten thousand dollars for
each day that the violation continues.
Section 16-525
§ 16-525 Displaced employee list. The commission shall maintain a list
containing the names and contact addresses or telephone numbers of
persons formerly employed by a business engaged in the collection,
removal or disposal of trade waste whose employment ended following the
denial or revocation of a license pursuant to this chapter. The addition
or deletion of information on such list shall be made only upon the
request of such a former employee. A copy of such list shall be made
available upon request to an applicant for a license pursuant to this
chapter. The provision of such list shall in no way be construed as a
recommendation by the city regarding the employment of any person on
such list, nor shall the city be responsible for the accuracy of the
information set forth therein.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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