§ 2-03 Application for Exemption from Licensing Requirements for Removal of Demolition Debris and a Class 2 Registration.
RCNY § 2-03
(a)Class 2 Registration for Business Exempt from Licensing Requirements under § 16-505(a). A business solely engaged in the removal of waste materials resulting from building demolition, construction, alteration, or excavation, including waste materials resulting from building demolition, construction, alteration, or excavation generated by such business, may, pursuant to Subdivision a of § 16-505 of the Code, apply to the Commission for exemption from the licensing requirements of Section 16-505 where no principal of such applicant is a principal of a business or a former business required to be licensed during the past ten (10) years pursuant to this chapter.
(b)An application for an exemption pursuant to this section must be signed by all persons participating directly or indirectly in the control of the applicant business and by: the proprietor of an applicant if the applicant is a sole proprietorship; every officer and director and stockholder holding ten (10) percent or more of the outstanding shares of a corporation, if the applicant is a corporation; all the partners, if the applicant is a partnership; the chief operating officer or chief executive officer, irrespective of organizational title and all persons or entities having an ownership interest of ten (10) percent or more if the applicant is any other type of business entity. The application must be certified under penalty of criminal prosecution, and must, in addition, contain: (1) A statement describing the nature of the applicant business, including a statement that the applicant business removes no waste other than materials resulting from building demolition, construction, alteration, or excavation, and a description of the kinds of waste removed by the applicant business, the types of sites from which such waste is removed, and the nature of the customers of such applicant business.
(2)The names, e-mail addresses, and addresses of the principals of such business, a description of the position occupied or ownership interest held by each such principal, and a statement that no such principal is or was a principal of a business required to be licensed pursuant to § 16-505 of the Code.
(c)Such application must, in addition, contain the following information: (1) If applicant transports asbestos or other hazardous materials for which a New York State Department of Environmental Conservation Waste Transporter permit is required, a copy of such permit must be submitted with the application.
(3)A business telephone number and a business address within the City of New York where notices may be delivered and legal process may be served, and where records required by these rules must be maintained.
(4)A Federal or State tax identification number.
(5)A listing of any criminal convictions of the applicant, except where such disclosure is protected by Subdivision 16 of Section 296 of Article 15 of the New York State Executive Law.
(6)A listing of any pending civil or criminal actions in any jurisdiction, except where such disclosure is protected by Subdivision 16 of Section 296 of Article 15 of the New York State Executive Law.
(7)A listing of any judgments finding liability of the applicant in a civil or administrative action related to the conduct of a business bearing a relationship to the removal of trade waste.
(8)A listing of each vehicle that will be operated, pursuant to the license, and the vehicle identification number and registration number of such vehicle.
(9)A listing of the employees who will drive vehicles operated, pursuant to this license, and the driver's license numbers, driver's license classes, and driver's license expiration dates of such employees.
(10)Evidence of business automobile liability insurance covering every vehicle operated by the applicant in his or her business, whether or not owned by the applicant, and every vehicle hired by the applicant, with liability limits of no less than two million dollars ($2,000,000) combined single limit per accident for bodily injury and property damage. Such insurance policy must name the Commission as Certificate Holder.
(d)An applicant eligible for an exemption, pursuant to this section shall be photographed by the Commission and shall be issued a Class 2 registration by the Commission. Notwithstanding any other provision of this chapter, if at any time after the issuance of a registration to a business granted an exemption pursuant to this section, the Commission has reasonable cause to believe that any or all of the principals of such business do not possess good character, honesty, and integrity, the Commission may require that such principal(s): (i) be fingerprinted by a person designated for such purpose by the Commission and pay the fee prescribed by the Division of Criminal Justice Services for the purpose of obtaining criminal history records; and (ii) submit to the Commission the disclosure required by the form provided by the Commission; provided that the Commission may consider a written statement from an applicant setting forth any special facts with respect to a principal in the applicant's business that the applicant believes should allow exemption of such principal from fingerprinting and disclosure. Notwithstanding the fingerprinting and disclosure requirements of Paragraphs (i) and (ii) of this subdivision, an applicant may submit, in lieu of such fingerprints and disclosure, copies of submissions to any federal, state or local regulatory entity containing information comparable to that required by the Commission, provided that the Commission may require fingerprinting and disclosure, pursuant to such paragraphs where it finds that it has not received sufficient information or information that is comparable to Commission requirements. Following receipt of the disclosure required by the forms provided by the Commission, the Commission may require such additional information related to such disclosure, including without limitation documents and deposition testimony, as the Commission determines is necessary to render determination. The Commission may, after notice and the opportunity to be heard, refuse to register such applicant for the reasons set forth in Paragraphs (i) through (x) of Subdivision a of § 16-509 of the Code.
(e)At any time after the registration of an applicant eligible for an exemption, pursuant to this section, the Commission may, after notice and the opportunity to be heard, revoke the registration of such business for the reasons set forth in Paragraphs (i) through (x) of Subdivision a of § 16-509 of the Code.
(f)If an application for the renewal of a license or registration is not submitted to the Commission within the time period required by the Commission, the Commission may reject the renewal application and require the applicant to file a new application for a license or registration. If a new application is required by the Commission, the provisions pertaining to the application process set forth in Chapter 1 of Title 16-A of the Code and of this subchapter shall apply. (Amended City Record 3/6/2018, eff. 4/5/2018; amended City Record 10/17/2018, eff. 11/16/2018)
