§ 20-34 Commercial Waste Diversion and Disposal; Recordkeeping; Written Agreements; Reporting.
RCNY § 20-34
(a)All awardees and designated carters must ensure proper disposal of all commercial waste collected, consistent with the awardee's waste management plan, Zero Waste Plan, and all other terms of the agreement entered into with the Department pursuant to § 16-1002 under which the awardee is operating, and all applicable laws, rules and regulations.
(b)Dump tickets and other delivery receipts.
(1)Each time a designated carter or micro-hauler delivers delivers commercial waste from a customer to a waste transfer station, processing facility or any other location where such waste is dumped directly from the commercial waste vehicle in which such waste was collected from such customer, such designated carter or micro-hauler must obtain a dump ticket, delivery receipt or other written record documenting such delivery, including the amount and type of commercial waste delivered.
(2)Such records must be retained by the designated carter, micro-hauler and the awardee for five years, and must be made available for inspection by the Department. In addition, dump ticket data, including but not limited to tonnages, disposal date and time, and type of commercial waste must be provided to the Department on a monthly basis and in accordance with the provisions of 16 RCNY § 20-62.
(c)(1) An awardee must collect and maintain information on the final processing location, final disposal location, final use, or final reuse of all commercial waste collected by such awardee and any of its designated carters, disaggregated by waste stream. Unless the awardee or its designated carters is delivering such commercial waste directly from the customer to the location of such final disposal, use or reuse, the awardee must collect and maintain information regarding where such commercial waste is sent after the awardee or its designated carters delivers the commercial waste from the customer to a waste transfer station, processing facility or other location.
(3)An awardee may meet the requirements of this subdivision either by following the procedures described in subdivisions (d) through (g) of this section, or by otherwise collecting and maintaining the information required pursuant to this subdivision in a verifiable form and manner approved by the Department.
(d)Designated recyclable materials.
(e)Organic waste.
(f)Refuse.
(g)If an awardee arranges to dispose of its commercial waste at a transfer station with which it does not have a written agreement, such as a facility used for contingencies, such arrangement must provide that such transfer station report to the awardee all of the information required by subdivisions (d)(2)(iii), (e)(2)(iii) and (f)(2)(iii) of this section.
(h)Upon request by a customer, an awardee must furnish to such customer a copy of any such agreement required by this section. A copy of such agreement must also be provided to the Department upon request.
(i)Nothing in this section shall relieve the awardee from meeting any additional obligation to collect, maintain and report information regarding the final disposal locations, final processing locations, final uses, or final reuses of commercial waste collected by such awardee as set forth in this title or the agreement between such awardee and the Department entered into pursuant to § 16-1002 of the Administrative Code.
(j)Penalties. Any person who violates any provision of this section will be liable for civil penalties provided for under paragraph (1) of subdivision (b) of § 16-1015 of the Administrative Code. Paragraph (1) of subdivision (b) of § 16-1015 provides for a civil penalty in the amount of $2,500 for the first violation, and, for subsequent violations that occur within a two-year period of any previous violation, $5,000 for the second violation and $10,000 for any subsequent violation. (Added City Record 11/16/2021, eff. 12/16/2021*; amended City Record 6/26/2024, eff. 7/26/2024) * Editor's note: For specific effective date provisions, see the editor's note at 16 RCNY Ch. 20.
