§ 2-07 Construction and Demolition Waste and Transporters.
RCNY § 2-07
(a)It is the purpose and intent of this section to treat separately that category of materials hereinafter defined as "Construction and Demolition Waste" and those persons and vehicles hereinafter defined as "Construction and Demolition Waste Transporters." (b) "Construction and Demolition Waste" materials are hereby defined as the non-putrescible waste products resulting from building demolition, construction, alteration and excavation, including but not limited to dirt, earth, plaster, concrete, rock, rubble, slag, ashes and waste timber and lumber.
(c)Construction and Demolition Waste Transporters are defined as persons or vehicles engaged in the business of transporting construction and demolition waste except that no person or vehicle possessing a Class 1, Class 2, Class 3, Class 4, Class 5 or Class 6 commercial refuse license may qualify as a Construction and Demolition Waste Transporter.
(d)The Department may accept at specifically designated locations construction and demolition waste resulting from operations conducted within New York City and offered by Construction and Demolition Waste Transporters in compliance with all applicable provisions of these Rules and Regulations and with all applicable provisions of law. The Department shall require such Transporters to identify the origin of such waste and to furnish the identifying number of the applicable Department of Buildings permit, if any. The Department may at its discretion prohibit any Construction and Demolition Waste Transporter violating these Rules and Regulations or any applicable provision of law from offering such waste at such locations. Construction and Demolition Waste will not be accepted at any location from any person from whom the Commissioner is authorized by Resolution of the Board of Estimate of the City of New York to charge a cubic yard rate for the receipt and disposal of such waste unless the person offering such waste tenders a prepaid ticket known as a CW ticket for each load at the rates prescribed and fixed by the Board of Estimate of the City of New York. CW tickets shall be sold only in books of five (5) tickets, each separate ticket being a payment for one load. Tickets shall not be detached and offered separately. CW tickets shall not be assigned, transferred, or otherwise disposed of by any person, firm, or corporation that has purchased such tickets from the Department of Sanitation.
(e)Each and every time a Construction and Demolition Waste Transporter, or his servant, agent, employee, or representative offers a load of material for receipt and acceptance by the Department of Sanitation at specifically designated locations the Construction and Demolition Waste Transporter and the individual offering the load on his behalf shall be deemed by the 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 Regulations and of all applicable provisions of law, and also shall 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.
(f)16 RCNY § 2-02(h) is not applicable to CW Transporters, but 16 RCNY § 2-03(d) shall apply.
(g)Upon the expiration of 60 days from the effective date of this Rule and Regulation, no Construction and Demolition Waste Transporter shall be permitted to offer any construction and demolition waste to any Department facility and the Department will not accept any such waste unless the Construction and Demolition Waste Transporters offering such material have complied with the following: (1) Such Construction and Demolition Waste Transporters shall have been measured by the Commissioner to determine their cubic yard capacity; (2) Such Construction and Demolition Waste Transporters shall, upon offering any construction and demolition waste at any Department disposal facility exhibit an identification card, issued by the Department of Sanitation, indicating the name and address of the owner of such Transporter, the cubic yard capacity of such Transporter as determined by the Department of Sanitation registration number assigned to such transporter; and (3) Such Construction and Demolition Waste Transporter shall have painted upon each side of the Transporter body well forward, in the manner and sequence specified below the following information which shall be identical to that contained on the identification card referred to in 16 RCNY § 2-07(g)(2) above: (i) in letters and numbers not less than four inches in height, the business name and address of the owner of such transporter; (ii) in letters and numbers not less than two inches in height, the following legends "D.S. Reg. Cap. Cu. Yds., D.S. Reg. No." with the numbers adjacent thereto which are identical to those appearing on the identification card referred to in 16 RCNY § 2-07(g)(2) above; (iii) the sequence of the information required to be painted in subparagraphs (i) and (ii) above shall be as follows: Name of owner Address of owner D.S. Reg. Cap – Cu. Yds. D.S. Reg. No.
(4)Such Construction and Demolition Waste Transporter shall have affixed to the vehicle body and/or container an official notice from the Department of Sanitation stating the cubic yard capacity and/or any identification number as required by the Department. For purpose of this section, in the event that any Construction and Demolition Waste Transporter shall have more than one container including but not limited to roll-on/roll-off containers, which are used for the Construction and Demolition Waste Transporter, then each such container shall be deemed a separate Construction and Demolition Waste Transporter for purposes of these Rules and Regulations and shall be measured by the Department of Sanitation as provided hereunder. Once the Construction and Demolition Waste Transporter shall have been measured by the Department of Sanitation in compliance with these Rules and Regulations, any change in the cubic capacity of such Transporter shall require the owner of such Transporter to present such Transporter to the Department for a new measuring within 5 days of such change in its cubic capacity. Except as provided for above, as to changes in cubic capacity after measuring by the Department, any Construction and Demolition Waste Transporter warrants and represents that in offering any load of construction and demolition waste that his Construction and Demolition Waste Transporter has not been altered or changed in any manner so as to increase or decrease the cubic capacity of such Transporter.
(h)[Reserved.] (i) Before a work permit for construction, alteration or demolition is issued by the Department of Buildings to any applicant who desires to dispose of the construction and demolition waste originating from such work, the applicant for such permit shall pay a Construction and Demolition Waste Disposal fee to the Department of Buildings as agent for the Department of Sanitation based on a schedule of rates fixed by the Board of Estimate. Where a permit is issued in connection with a contract awarded by an agency of the City of New York which may include the New York City Housing Authority, the applicant shall accompany payment of such fee with a certification by such City agency setting forth the cubeage or load data as the case may be, which determines the amount of the fee; or in lieu of payment of such fee the applicant may submit to the Department of Buildings a certification by such City agency on a form prescribed by the Comptroller that it will determine the fee payable on such construction alteration or demolition as the case may be, and report such amount to the Comptroller to be collected out of the first payment due under such contract.
(j)All other sections, subdivisions and paragraphs of these Rules and Regulations shall apply with equal force and effect to Construction and Demolition Waste Transporters, except where inconsistent or in conflict with the provisions of 16 RCNY § 2-07 herein, in which case, the provisions of 16 RCNY § 2-07, shall prevail.
(k)On or after July 23, 1973, no construction and demolition waste will be accepted for disposition at any Department of Sanitation disposal facility if: (1) such waste has originated from a site for which a disposal fee has been paid in accordance with Board of Estimate Resolution No. 43, adopted on October 8, 1970; (2) such waste has originated from a site for which a certification by a City agency has been filed pursuant to 16 RCNY § 2-07(i); or (3) such waste originates from a site for which no permit is required to be issued pursuant to §§ 27-156, 27-161 and 27-167 of the Administrative Code unless the applicant for such permits, as to the construction and demolition waste specified in (3) above, provide the Construction and Demolition Waste Transporter with dump tickets, furnished to such applicant by the Department of Sanitation, and the Construction and Demolition Waste Transporter shall present such tickets in the appropriate number when offering such waste at any Department of Sanitation disposal facility for receipt and disposal. Such tickets shall be issued to any such applicant who requests such tickets provided such applicant executes a request for these tickets upon forms supplied by the Commissioner of the Department of Sanitation and supplies all of the appropriate information required on such forms. The Commissioner reserves the right to determine whether the information furnished by such applicant is accurate and to certify whether such applicant is entitled to the number of dump tickets contained in his request. Such requests shall be made on forms provided by the Department of Sanitation which shall be filed at any time subsequent to the effective date of this amendment at times and places to be designated by the Commissioner.
