§ 5-02 Rates.
RCNY § 5-02
(a)A trade waste removal business must not demand, charge, exact, or accept rates for the collection, removal, disposal, or recycling of trade waste greater than the following maximum rates: (1) $26.87 per cubic yard.
(2)$17.64 per 100 pounds.
(3)Exempt Waste. This subdivision does not apply to the removal of construction and demolition debris, infectious medical waste, covered electronic equipment as defined in § 16-421 of the Code, waste from grease interceptors as defined in 15 RCNY § 19-11(a) and paper that is collected for the purpose of shredding or destruction by the licensee.
(b)The rates set forth in subdivision a of this section are maximum rates. Nothing in such subdivision shall be construed to prevent customers and trade waste removal businesses from negotiating rates lower than the rates set forth therein, and trade waste removal businesses and customers are encouraged to do so.
(c)(1) Surveys. In the event that a written contract or other agreement between a licensee and a customer contemplates a "flat" billing method, whether based on weight or on volume, a customer shall have the right to have such fee determined by a survey provided at no charge by the licensee. The time period over which the survey is to be conducted shall be determined by mutual agreement between the customer and the licensee. The survey must reflect the average amount of waste collected, either in volume or by weight, over the survey period. The cost charged to the customer for waste removal service shall be established by multiplying the negotiated dollar rate per cubic yard or per 100 pounds of waste by the total number of cubic yards or 100-pound increments, generated in the billing the period. For purpose of a "flat" billing method, a licensee may round up the total volume or weight for the billing period to the next highest cubic yard or 100 pounds. Prior to conducting the survey, the licensee shall inform the customer in writing that the survey is to be conducted and of the customer's right to participate in the survey by independently monitoring the waste collected during the survey period and by attempting to reach an agreement with the licensee on the survey information. A copy of the waste survey, in a form prescribed by the commission, must be signed by the owner of the business to be served or the owner's authorized representative and the licensee. The licensee must provide a copy of the waste survey to the customer and a copy must be retained by the licensee as part of the records required pursuant to 17 RCNY § 5-03. In the event the customer utilizes the services of a trade waste broker, the trade waste broker's survey can be used in lieu of a survey conducted by the licensee, provided the trade waste broker is registered with the commission. For customers who are charged on the basis of estimated weight, nothing in this section shall preclude such a customer's right to have its refuse accurately weighed during the survey period.
(d)Scales. Licensees who charge on the basis of the weight of a customer's waste shall use weighing devices, whether owned, rented or borrowed by the licensee, that are accurate to within five (5) percent. Licensees who use the services of a person or entity to weigh a customer's waste have the responsibility of insuring that the weighing devices used by such person or entity are accurate to within five (5) percent. The weight of a customer's waste shall be determined net of the weight of the can, container, dumpster or other rigid container in which it is placed by the customer.
(e)Charges by a licensee to a customer shall be based solely on volume or weight, and a licensee shall not charge an additional fee for services, materials or the use of a waste container or receptacle (except for compactors and roll-off boxes) provided by such licensee.
(f)No later than October 31 of every odd-numbered year, the Commission will hold a public hearing on the maximum rates charged by a licensee for the collection, removal, disposal, or recycling of trade waste. At least 30 days prior to the public hearing, the Commission will publish the date, time and location of the public hearing in the City Record and on the Commission website. At the hearing, proponents of a change in the maximum rates may submit oral or written testimony. The proponent of the rate change shall bear the burden of demonstrating, on an industry-wide basis, that existing rates are inconsistent with the standards for maximum rates set forth in § 16-519 of the Administrative Code.
(g)In determining whether the maximum rates charged by licensees for the collection, removal, disposal, or recycling of trade waste will be adjusted, the Commission shall not be limited to evidence provided by proponents of a rate change pursuant subdivision (f) of this section and may consider any relevant factor affecting the trade waste industry or its customers, including but not limited to: (1) The Producer Price Index (PPI), as published by the United States Department of Labor Bureau of Labor Statistics; (2) Available data on the trade waste industry, including but not limited to: (a) Gross operating revenues (overall revenues); (b) Regulated service operating revenues (revenue generated from waste removal services associated with rate-regulated portion of business); (c) Net operating revenues; (d) Operating expenses; (e) Net regulated operating revenues; (f) Net regulated operating expenses; (g) Total regulated waste tonnage disposed; (3) Any other factor that may be relevant to assessing a fair and reasonable return to licensees and the protection of those using the services of such licensees from excessive or unreasonable charges.
(h)Upon the final implementation date for a particular commercial waste zone, licensees who are designated carters will not be subject to the requirements of this section in that particular zone. Licensees who operate in any zones prior to the final implementation date for such zone will continue to be subject to the requirements of this section. (Amended City Record 7/7/2016, eff. 8/6/2016; amended City Record 7/10/2018, eff. 8/9/2018; amended City Record 5/25/2022, eff. 6/24/2022; amended City Record 9/30/2022, eff. 10/30/2022; amended City Record 8/1/2024, eff. 8/31/2024)
