§ 16-1000 Definitions.
AC § 16-1000
As used in this title, the following terms shall have the following meanings: Awardee. The term "awardee" means an entity with whom the department enters into an agreement for the provision of commercial waste collection services pursuant to section 16-1002. Bicycle. The term "bicycle" means: (i) a two or three wheeled device upon which a person or persons may ride, propelled by human power through a belt, a chain or gears; (ii) a "pedal-assist bicycle" as defined in section 4-01 of title 34 of the rules of the city of New York or as otherwise defined by the department of transportation; or (iii) any other device upon which a person or persons may ride, as defined by the rules of the department. Broker. The term "broker" or "trade waste broker" has the same meaning as such term is defined in subdivision g of section 16-501. Change in control. The term "change in control" means the assignment of an awardee's agreement with the department entered into pursuant to section 16-1002 from such awardee to a different entity. The effective date of a change in control shall be the date of such assignment. Commercial waste. The term "commercial waste" means all trade waste, as defined in subdivision f of section 16-501, except for construction and demolition debris; fill material; medical waste; electronic waste; textiles; yard waste collected by landscapers; waste collected by a one-time, on-call bulk waste removal service; grease; paper that is collected for the purpose of shredding or destruction; or waste that is collected by a micro-hauler. References to "commercial waste" in this title shall be construed to also refer to "containerized commercial waste" unless otherwise specified. Commercial waste zone. The term "commercial waste zone" or "zone" means a geographic area designated by the commissioner pursuant to section 16-1001. Commissioner. The term "commissioner" means the commissioner of sanitation. Containerized commercial waste. The term "containerized commercial waste" means commercial waste that: (i) is stored on the premises of the commercial establishment that generates such waste in a container that has a capacity of 10 cubic yards or more, and which may or may not be equipped with compaction ability and (ii) is transported directly in such container when such container is at or near capacity from such commercial establishment to a transfer, processing or disposal location. Department. The term "department" means the department of sanitation. Designated carter. The term "designated carter" or "carter" means a licensee that is authorized to provide commercial waste collection services pursuant to an agreement between an awardee and the department entered into pursuant to section 16-1002. The term "designated carter" may describe the awardee or another licensee that the awardee has designated to fulfill the terms of such agreement as specified therein, and provided further that notwithstanding any other provision of this section, the term "designated carter" may also include a person that the awardee has designated to fulfill the terms of such agreement as specified therein who is operating in accordance with the provisions of title 16-A and the rules promulgated pursuant to such title and who is authorized by the business integrity commission to collect certain categories of commercial waste without a license. Eligible employee. The term "eligible employee" means any person employed in the city of New York by an awardee to perform services under an agreement entered into between the department and such awardee pursuant to section 16-1002, and who has been employed by such awardee for a period of at least six months prior to the effective date of a change in control, provided that such term shall not include persons who are managerial, supervisory or confidential employees. Global Positioning System. The term "global positioning system" or "GPS" means a global positioning system, or a comparable location tracking technology, that uses navigational satellites to determine a user's location and velocity in real time and is capable of collecting, storing and transmitting geographical data. Incumbent employer. The term "incumbent employer" means any person that owns or controls an awardee prior to any change in control. Licensee. The term "licensee" means any person licensed to collect trade waste pursuant to title 16-A. Micro-hauler. The term "micro-hauler" means any person that is not a designated carter, does not dispose of waste at a solid waste transfer station and either: (1) collects less than 2,600 tons of source separated organic waste from commercial establishments per year and collects such waste exclusively using bicycles; or (2) collects less than 500 tons of source separated organic waste from commercial establishments per year and collects such waste using exclusively (i) a zero emissions vehicle that has a gross vehicle weight rating of not more than 14,000 pounds or (ii) any other mode of transport specified in the rules of the department. Organic waste. The term "organic waste" has the same meaning as such term is defined in subdivision a of section 16-306.1. Successor employer. The term "successor employer" means any person that owns or controls an awardee after any change in control. Trade waste. The term "trade waste" has the same meaning as such term is defined in subdivision f of section 16-501. Transitional employment period. The term "transitional employment period" means a 90 day period beginning upon the effective date of a change in control of an awardee. (L.L. 2019/199, 11/20/2019, eff. 11/20/2019) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2019/199.
