§ 2-03 General Provisions.
RCNY § 2-03
(a)Each and every time a permittee or licensee and any servant, agent, employee, or representative of a permittee or licensee offers a load of material for receipt and acceptance by the Department at any location, such permittee or licensee and the individual offering the load on his behalf shall be deemed by such offer to represent and warrant, for the purpose of inducing receipt and acceptance of the load of material in reliance thereon, that each and every part and portion and all of the load complies in every particular with all applicable provisions of these Rules and of all applicable provisions of law. Such permittee or licensee and such individual shall also be deemed by such offer to agree that it is not practicable to dump the load first, separate and apart from all other material at the location, in order to determine that the load is or is not acceptable.
(b)Whenever the Commissioner determines that it is in the City's best interest, he may close at any time and without notice or warning in advance, down indefinitely, or discontinue entirely, or continue open and in operation for the purpose of only receiving materials collected by the Department, any Department Incinerator, Marine Transfer Station, Compost Facility or Truck Landfill location.
(c)The receipt for disposal of any materials, by the Department is subject to the suitability of Department Incineration, Marine Transfer Station, Compost and Truck Landfill facilities for handling any such materials and the capacity of such facilities remaining after receipt of Department-collected materials.
(d)No separate or special permit to deposit materials at Department locations is required other than the waste conveyance truck permit or license required under Subchapter 18 of Chapter 2 of Title 20 of the Administrative Code of the City of New York for the lawful transportation of such materials through the streets to Department locations. Each such permit or license is deemed to include the privilege of disposing of materials at Department locations upon payment pursuant to 16 RCNY § 2-06, as applicable, of the charges fixed by law, provided that such permittee or licensee complies with these rules and all applicable provisions of federal, state and local law and all other rules, regulations and orders of competent authorities.
(e)To calculate the load charge for the volume of material that may be carried in the body of a particular vehicle, the Commissioner's representative will measure the body of the vehicle.
(f)In determining body capacities for purposes of payment, calculations will be made to the hundredth of a cubic yard. When the calculated capacity contains a fraction not exceeding fifty one-hundredths (50/100's) of a cubic yard, capacity will be fixed at the whole number of cubic yards less the fraction. When the fraction exceeds fifty one-hundredths of a cubic yard, capacity will be fixed at the next higher whole number of cubic yards.
(g)The manufacturer's rated cubic body capacity for a total enclosed body may be accepted, or such body may be measured and capacity calculated.
(h)The Department may accept some dangerous materials provided that special arrangements have been made through the Bureau of Waste Disposal at the Department's Main Office, 125 Worth Street, New York, N.Y. 10013.
