§ 1-07 Uniform Billing System for Collection Services to Sealed Premises.
RCNY § 1-07
Uniform system of billing and acquiring security for collection services to premises with incinerators that have been sealed by order of the Environmental Control Board.
(a)(1) Any premise currently receiving collection service from the Department due to a "sealing" order of the Environmental Control Board that was issued prior to the promulgation of the rules and regulations herein will continue to receive such services provided that: Within 60 days of the promulgation of the rules and regulations herein the owner or authorized agent of the premises shall deposit as security with the Office of the Chief Clerk an amount equal to one third of the total money that was due to the Department for collection services rendered during the preceding twelve months. If the Department's charges for rendering the services herein increases, the owner or authorized agent will deposit as additional security an amount that equals the difference between one-third of the Department's revised costs for 12 months collection service and one-third of the figure referred to at 16 RCNY § 1-07(a)(1). This amount shall be deposited within 15 days after notice of the deficiency.
(2)Security furnished by any owner shall be maintained by the Commissioner and returned to the owner, less the cost of any unpaid balance due to the Department, upon written notice from the owner or authorized agent requesting a termination of services.
(3)The Department shall forward a monthly bill to the owner or agent at the address designated by the owner or authorized agent for the service rendered to such premises and payment shall be due within ten (10) calendar days of the date of the bill. If payment is not made within thirty calendar days, the Department shall terminate collection service upon ten (10) days written notice and apply that portion of the security to satisfying the outstanding bill or bills and such owner or agent shall remain responsible for any deficiency in payment not covered by the security deposit.
(b)(1) Any premise whose incinerator is sealed by an order of the Environmental Control Board contemporaneous with or subsequent to the promulgation of the rules and regulations herein must comply with the following in order to receive collection services: The owner or authorized agent shall: submit a written request for collection to the Office of the Chief Clerk at 125 Worth Street, which request shall include a written statement as to the estimated size, type and number of containers per week necessary to contain the refuse originating from such premises. Such estimate shall be subject to the Department's verification and may be increased or decreased according to such verification. The written request shall also include a statement as to the names, addresses, and phone numbers of the owner(s).
(ii)The owner or authorized agent shall deposit as security with the Office of Chief Clerk an amount equal to four times the monthly cost referred to at 16 RCNY § 1-07(b)(3)(i) above.
(iii)If the Department's charges for rendering the services herein increase, the owner or authorized agent will deposit as additional security an amount equal to the difference between the Department's current operating costs for rendering the requested collection service for four months less the amount described in 16 RCNY § 1-07(b)(3)(ii) above. This amount shall be deposited within 15 calendar days after notice of the deficiency.
(iv)Security furnished by any owner shall be maintained by the Commissioner and returned to the owner, less the cost of any unpaid balance due to the Department, upon written notice from the owner or authorized agent requesting a termination of services.
(4)The Department shall commence collection within five days after the condition precedents set forth in 16 RCNY §§ 1-07(a)(3) and 141(b)(3)(ii) have been satisfied. The Department shall forward a monthly bill to the owner or authorized agent at the address designated by the owner or authorized agent and payment shall be due within ten (10) calendar days of the date of the bill. If payment is not made within thirty (30) calendar days, the Department shall terminate collection service upon ten (10) days written notice and apply that portion of the security which satisfies the outstanding bill or bills. The balance of the security shall be returned to the owner or agent.
(c)(1) The Department's estimate of the monthly cost referred to at 16 RCNY § 1-07(b)(3)(i) will be based upon the Department's expenses or costs for removing the containers described by the owner or authorized agent in his or her written statement described at 16 RCNY § 1-07(b)(1) herein.
