§ 5-01 Definitions.
RCNY § 5-01
When used in these Rules and Regulations and in any and all orders and directions issued under these Rules and Regulations, each of the following words, terms, or phrases shall have the sense or meaning prescribed by its definition: Active customer. "Active customer" means an applicant who is in the process of establishing an APS account, or a permittee or licensee who has maintained an APS account in good standing with the department during the previous twelve months and has used such account to dispose of material at a department facility at least once within the preceding twelve month period. Applicant. "Applicant" means a person requesting a permit or license required by § 20-332 of the Administrative Code. Ashes. "Ashes" means cinders, coal and every other such substance which is left unconsumed by fire in stoves, furnaces, ranges, firepots, fireplaces, and other such places. Automated payment system account or APS account. "Automated payment system account" or "APS account" means an account established by an applicant, permittee or licensee with the department in accordance with the procedures established in 16 RCNY § 2-06, wherein monies are deposited by such applicant, permittee or licensee to allow such person to dispose of materials at a department facility. Commissioner. "Commissioner" means Commissioner of Sanitation. Commissioner's representative. "Commissioner's representative" means any officer or employee of the Department designated by the Commissioner to act in the premises from time to time who, as well as the Commissioner may act directly or through assistants designated by him limited to the particular duties entrusted to them. Department, DS or D.S. "Department, DS or D.S." means Department of Sanitation. DS registered capacity. "DS registered capacity" means the volume in cubic yards assigned to the vehicle body of each permit or license vehicle. Facility. "Facility" means any solid waste management facility owned or operated by the department. Garbage. "Garbage" means every accumulation of both animal and vegetable matter that attends the preparation, decay, and dealing in, or storage of meat, fish, fowl, birds or vegetables, except swill. Material. "Material" means in the generic sense, those materials defined in these Rules and Regulations or listed in § 20-332, Administrative Code, i.e., ashes or garbage, etc.; and, as the context indicates, a particular material of those defined or listed. Operator. "Operator" means the person operating a permit or license vehicle who may also at times load or assist in loading it; and also all persons loading or dumping or emptying a permit or license vehicle. Permit or license. "Permit or license" means the permission in writing of the Commissioner of Consumer Affairs required to be obtained under § 20-332 of the Administrative Code and which applies only to vehicle it describes and is not transferable to any other person or to any other vehicle. Permit or license document. "Permit or license document" means the official writing issued by the Commissioner of Consumer Affairs evidencing the granting of a permit or license. Permittee or licensee. "Permittee or licensee" means each person holding a permit or license issued by the Commissioner of Consumer Affairs under § 20-332, Administrative Code. Person. "Person" means every and any individual, corporation, firm, joint stock association, unincorporated association, or partnership and each partner of a partnership. Rubbish. "Rubbish" means solid waste material, accumulating or resulting from the use or occupancy of building or premises, such as paper, straw, excelsior, rags, bottles, old clothes, old shoes, tin cans, and other materials of a similar character; and waste material, other than ashes or garbage, which attends use or decay and accumulation from the occupancy of buildings or premises. Swill. "Swill" means every accumulation of either or both animal or vegetable matter, liquid to any extent so that any of it runs when stirred or emptied in any manner from any container or receptacle (even though the accumulation may include also other materials whether herein defined or not or parts of other materials) that attends the preparation, decay and dealing in, or storage of meat, fish, fowls, birds or vegetables or fruit. UNL VEH WT. "UNL VEH WT" means unladen vehicle weight. Vehicle. "Vehicle" means the particular vehicle described in a license or permit, being the vehicle for which the permit or license was issued. Water level.
(1)For open top box type vehicle bodies, "Water level" shall be the plane, parallel to a horizontal surface upon which the vehicle stands, passing through the lowest in height of the upper permanent edges of any of the sides or ends of the vehicle body, except that for Class 6 open top tank type vehicle bodies transporting swill water level shall be a plane four inches lower than that set under the foregoing.
(2)For permanently totally enclosed type vehicle bodies of Class 6 transporting swill "water level" shall be the plane, parallel to a horizontal surface upon which the vehicle stands, passing through a point four inches below the loading door sill lowest in height, except that if the vehicle body has been permanently totally enclosed by placing a superstructure upon an otherwise open top tank type body, water level shall be determined as defined above under paragraph (1) for Class 6 vehicle bodies.
