§ 20-60 Required Records
RCNY § 20-60
(a)Each awardee must generate or collect the records required by this section and, in accordance with applicable law and upon receipt of appropriate notice, must provide them to the Department in the form, manner and frequency specified by the Department, by zone, for each awarded zone, or citywide, as applicable.
(b)Such records must be maintained in accordance with the provisions of 16 RCNY § 20-61 and must be retained for a period of five years, except where otherwise specifically provided by these rules, Title 16-B of the Administrative Code, or the awardee’s agreement.
(c)Each awardee must use the records required by this section, and other materials as necessary, to create reports as required in 16 RCNY § 20-62.
(d)Each awardee must generate, collect, and provide records in accordance with the provisions of this subchapter on behalf of its designated carters and subcontractors, if any or cause such designated carters and subcontractors to generate, collect, and provide such records, as applicable.
(e)For purposes of this subchapter, the term “records” includes data, records, books, documents and other evidence in electronic as well as hard copy versions.
(f)Nothing in this subchapter precludes the imposition of additional requirements related to records, retention, maintenance or reporting pursuant to the awardee’s agreement.
(g)Any person who knowingly makes a false statement or who knowingly falsifies or allows to be falsified any certificate, form, map, report or other document in connection with this Chapter shall be guilty of an offense and upon conviction thereof shall be punishable by a fine or imprisonment pursuant to § 10-154 of the New York City Administrative Code.
(h)Each awardee must generate or collect records to include the following: (1) Data collected by telematics systems installed on commercial waste vehicles, in accordance with the requirements of 16 RCNY § 20-56. All data and reports required by 16 RCNY § 20-56 must be collected and transmitted directly to the Department in real time. Such data collected must be retained for the term of the awardee’s agreement; (2) Waste generation estimates or waste characterization studies when performed pursuant to any commitment in such awardee’s zero waste plan; (3) Rates charged to customers, broken down by waste stream, including customer identification number, customer name, and customer address; (4) Investments in vehicles, facilities or infrastructure, both sustainable and non-sustainable; (5) Warnings or violations issued by local, state or federal agencies for violating local, state or federal law, including any responses to and dispositions of such warnings or violations; (6) Workplace injuries and accidents, including motor vehicle accidents, which must include all of the following information, as applicable, except any confidential medical information protected by the Americans with Disabilities Act or other federal, state, or local law: (i) Date and time of incident; (ii) Location of incident; (iii) Driver name and license plate number; (iv) Garage of disposal facility location; (v) If there are injuries, including any fatalities, how many of each; (vi) If there was a 911 call made, and if yes, the name of the caller, if known, and the approximate time that the call was made; (vii) List of all emergency departments that responded to the incident; (viii) Any and all available reports or documents regarding the incident received by the awardee, as well as the names and identification numbers of all responding emergency personnel, if known; (ix) A concise narrative summarizing the incident, actions taken and the resolution; and (x) Copies of all documentation about the incident required to be filed pursuant to federal, state or local laws; (7) Periodic training records evidencing training in accordance with the provisions of § 16-1008 of the Administrative Code. For each such training, the records must include the names of all vehicle operators, laborers, helpers, mechanics, supervisors, managers, and all other people employed by the awardee, the name of the training provider, the names of the workers who received the training, the date or dates of the training, the type of training received by each worker, the language in which such training was provided, and a record of the issuance of a safety training card evidencing completion of such training, which card must contain the name of the worker, the dates of the training, and the type of training; (8) Emergency action plan detailing procedures to be deployed in emergency situations including fires, evacuations, spills or weather emergencies and addressing continuity and restoration of service; (9) Records provided by a waste transfer station that document the disposal of commercial waste, records about the final processing location, final disposal location, final use or final reuse of all commercial waste, and records about the mode of transport, each as set forth in 16 RCNY § 20-34; (10) Contracts between awardees, designated carters and subcontractors, if any; (11) Written service agreements with all customers and consolidated monthly bills, including for those customers assigned to an awardee by the Department, which must include the additional mailing requirements pursuant to 16 RCNY § 20-26(e)(2); (12) Copies of commercial waste generation audits pursuant to the awardee’s zero waste plan or agreement; (13) Records demonstrating utilization of programs or resources of agencies designed to promote employment opportunities for New York city residents, if applicable; (14) In the event of a change in control of an awardee, lists of eligible employees and all required notices, preferential hiring lists, written verification of any offer of employment and performance evaluations, each as set forth in § 16-1006 of the Administrative Code. Such list must be retained for a period of three years; and (15) Other records, as specified by the Department.
(i)Provision of records to the Department upon request. Upon request of the Department, awardees must provide to the Department any records required to be generated or collected pursuant to this section as well as any other materials required pursuant to the awardee’s agreement, in accordance with applicable law and upon receipt of appropriate notice. Such records and materials must be provided within 5 business days of the Department’s request, in the form and manner specified by the Department. If the awardee requests additional time to comply based upon demonstrated need, the Department may extend the response period. (Added City Record 6/26/2024, eff. 7/26/2024)
