§ 2-06 Payments – Automated Payment System.
RCNY § 2-06
(a)Except as otherwise provided for in this chapter, any user of Department Disposal Facilities shall be required to pay for the privilege of disposing of materials, otherwise defined in these rules, in accordance with the provisions of this section. The Department may, at its discretion, require users to apply to the Department, on forms to be furnished by the Department, to establish an account under the Automated Payment System (hereinafter "APS"). Upon review of such application, the user shall be notified as to the amount, if any, to be paid to the Department as the minimum balance necessary to establish such account. The Department may require users to establish an APS account, and to maintain a minimum balance in such account, regardless of whether the user is required to pay for the use of Department facilities pursuant to this chapter. The amount that the Department may require to be deposited shall be determined by the Department based on the prevailing rate fixed by law for the disposal of non-asbestos material at Truck Landfill locations and on the user's active fleet size, as registered with the Department, as follows: (1) For fixed body type trucks, such deposit shall be equivalent to the charges for the cubic yard capacity of all such vehicles, registered by the user with the Department; (2) For roll-on/roll-off type containers, such deposit shall be equivalent to the charges for the cubic yard capacity of such vehicle, based on one-ninth (1/9) of the cubic yard capacity of all such containers registered by the user with the Department; (3) For tractor-trailer type vehicles transporting waste materials, such deposit shall be equivalent to the charges for the cubic yard capacity of such vehicle, based upon twice the cubic yard capacity of all such vehicles registered by the user with the Department; A user may apply for a modification to its required minimum balance based upon a reduction in its active fleet size. To apply for such a modification, a user must submit modification forms to the Department to de-register the affected vehicles.
(b)The Department will be open to accept applications and deposits Mondays through Fridays (excluding holidays), during such hours as posted by the Department.
(c)All deposit and debit transactions will be processed within one business day. Any amounts necessary to permit use of Department facilities by a user shall be deposited with the Department one business day prior to such use.
(d)Each prospective user shall be identified by the Department of Consumer Affairs waste conveyance license number, or other Department registration identification number and the user name under which it desires to apply and make a deposit.
(e)Only cash, money orders, or certified bank checks shall be received and accepted as deposit payments. All such checks/money orders shall be drawn to the order of "Department of Sanitation" as payee. (The maximum cash payments accepted per day, per user shall not exceed $1,000.00).
(f)Each account will be charged or debited for the cost of the load on the basis of the vehicle's cubic yard capacity as calculated and determined by the Commissioner for the body of the particular vehicle registered to dump.
(g)Upon the Department's establishment of an account on behalf of a user, each vehicle registered with the Department by the user shall receive a debit card which shall be delivered to the Commissioner's field representative at the Department's disposal location, in advance of dumping and as a condition precedent by the Department to the receipt and acceptance of material to be dumped. The debit card will be returned to the vehicle operator upon completion of each transaction. Such debit card shall be the property of the Department and shall be returned upon notice to the user by the Commissioner.
(h)When offering a load for disposal, the user, or his employee or a person operating the vehicle on his behalf shall deliver to the Commissioner's field representative the debit card issued by the Department for such vehicle, listing the user name, permit number (where applicable), and account number. Debit cards may not be interchanged among vehicles. (However, funds on deposit may be applied to the dumping of any vehicle registered by the user with the Department). The information contained on the debit card must match the information contained on the Truck Measurement and Capacity Form for such vehicle and must match the markings and permit plate of the vehicle. Truck Measurement and Capacity forms shall be carried in vehicles as required by the Department.
(i)The Commissioner may authorize refunds for unused account balances. Such refunds shall be made through the Comptroller's Office. Written requests for refunds should be made to the Department, giving the user's name, address and account number.
(j)Upon acceptance of each load, the user's APS account will be debited or reduced by the appropriate amount determined by the product of the rated cubic yard capacity of such vehicle, as determined by the Department's Truck Measurement Unit, and the rate fixed by law for such material.
(k)The Department will provide reasonable notice to a user when its account is approaching the minimum balance, by advising the user's agent offering the load of material for disposal that the user is approaching the minimum balance. It shall be the user's responsibility to ensure that it has maintained and is maintaining the necessary minimum balance in the APS to accommodate any loads offered at any Department Disposal Facility.
(l)In the event that a user's account is reduced below its minimum balance, as determined by the Department pursuant to subdivision (b) of this section, by disposal of material at a Department Disposal Facility or any other act of the user, the user's vehicles will not be permitted to dump at Department Disposal Facilities until the user has deposited an amount to bring the account above the minimum balance.
(m)In the case of a diminution of the user's account below the total amount on deposit with the Department, by disposal of material at a Department Disposal Facility or any other act of the user, the user's vehicles will not be permitted to dump at Department Disposal Facilities until the user has deposited an amount equal to the actual value of the disposal charges for the dumped material. In addition, the Department may, at its discretion, require the user to deposit an additional amount which shall increase the user's required minimum balance to twice the amount previously established by the Department. The Department may require that such additional minimum balance be maintained for at least one year, at which time the user may apply for a reduction in the additional minimum balance.
(n)In the case of a diminution of the user's account below the total amount on deposit with the Department on more than one occasion, by disposal of material at a Department Disposal Facility or any other act of the user, the user's vehicles will not be permitted to dump at the Department's Disposal Facilities until the user has deposited an amount equal to the actual value of the disposal charges for the dumped material and an additional amount which shall be determined by the Department.
(o)Requirements for pre-payment shall not apply to Federal Government agencies. The Commissioner may enter into written agreements with such agencies providing for payments at the rates set by 16 RCNY § 2-04 or by local law, whichever is applicable, in a manner other than that specified in this section, including, for example, quarterly payments.
