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Proposed Rules: Open to Comments

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Agency:
Comment By: 
Tuesday, July 24, 2018
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

            Penalties for violations of BIC’s rules that relate to public wholesale markets, the seafood distribution areas, market businesses, labor unions, and labor organizations operating in seafood distribution areas in New York City are currently set forth in OATH’s rules at 48 RCNY § 3-108.  OATH, in conjunction with the Mayor’s Office of Operations, has determined that penalty schedules used in the adjudication of agency rule violations, which were previously promulgated by the Environmental Control Board, should instead be issued by the respective agencies.  The enforcement agencies possess the expertise to adopt appropriate penalties based on the severity of each violation and its impact on public safety.  BIC proposes to incorporate the current Market Penalty Schedule into its own rules.  Simultaneously, under a separate rulemaking, OATH is proposing a companion rule to repeal the BIC penalties currently set forth within the OATH rules.

            Incorporating the penalty schedule into BIC’s rules would make it more accessible to the public, as it will then be included within the same title and chapter as the rules cited in BIC’s summonses.  BIC is also proposing to add penalties to the existing penalty schedule that do not currently appear in the current Market Penalty Schedule.  Finally, this proposed rule would clarify the Commission’s current rules by explaining the penalty schedule and the existence of mail-in penalties.

The proposed amendments would accomplish the following:

Distribute several provisions of the penalty schedule, now found within 48 RCNY § 3-  108, among various sections of Title 17;

● Add text to explain repeat penalties;

● Add text to explain the “mail-in penalties” process;

● Add text specifically enumerating the penalties for failure to register a wholesale seafood business that is operating outside the market area;

● Adjust penalty amounts for several violations; and

● Add penalties to the schedule for violations of 17 RCNY §§ 11-19(a)(3)-(9), (11)-(14), including penalties for:

 

§  Improper disposal of litter, rubbish, or refuse;

§  Public urination and/or defecation,

§  Improper damage, removal, or destruction of property,

§  Engagement/instigation of fight or other disturbance,

§  Commission of injurious act, 

§  Possession of dangerous instruments and/or explosives,

§  Gambling 

§  Sale of prohibited items, 

§  Discharge into tidal water, sewage, or drainage, 

§  Causing damage to or clogging of drains or sewers, and 

§  Disobeyance of lawful order of employee of Commission or City

 

Subject: 

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Location: 
Business Integrity Commission
100 Church Street 20th Floor, Conference Room 1
New York, NY 10007
Contact: 

Sal Arrona: sarrona@bic.nyc.gov

Proposed Rules: Open to Comments

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Agency:
Comment By: 
Wednesday, June 20, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Under section 2101 of the New York City Charter, the Business Integrity Commission is authorized to regulate the trade waste industry and, among other things, ensure that businesses are able to operate in an honest and competitive environment, free from the influences of organized crime and criminality. Among other things, Local Law 145 of 2013 gave the Commission the authority to refuse to issue a license or registration to an applicant that has failed to demonstrate that it will meet requirements designed to reduce the emission of pollutants from trade waste vehicles.

Local Law 145 of 2013, which added § 24-163.11 of the Administrative Code, requires that every heavy duty trade waste hauling vehicle that is owned or operated by an entity required to be licensed or registered by the Commission and operating in New York City be equipped with either (1) an EPA certified 2007 (or later) engine or (2) utilize “Best Available Retrofit Technology,” as defined by the New York City Department of Environmental Protection before January 1, 2020. Under § 24-163.11(c) of the Administrative Code, the chairperson of the Commission may issue a waiver of this requirement if the chairperson of the Commission finds that the applicant for such waiver has demonstrated that compliance with such requirements would cause undue financial hardship on the applicant. Under § 24-163.11(d)(5) of the Administrative Code, the Commission may set by rule the criteria for the issuance of financial hardship waivers in connection with this engine requirement.

The proposed rule change provides the process for licensees and registrants to apply to the Commission’s chairperson for a temporary waiver of the above engine requirements based on an undue financial hardship.

BIC’s authority for these rules is found in sections 1043(a) and 2101(b) of the New York City Charter.

Subject: 

.

Location: 
New York City Business Integrity Commission Office
100 Church Street 20th Floor, Conference Room 1
New York, NY 10007
Contact: 

Sal Arrona (212) 437-0523 or e-mail at sarrona@bic.nyc.gov

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, April 9, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule
Under section 2101 of the New York City Charter, the Commission is authorized to regulate the trade waste industry and ensure businesses are able to operate in an honest and competitive environment free from the influences of organized crime and criminality. BIC is also authorized under sections 16-504(b) and (i) and 16-519 of the Administrative Code to set by rule the maximum rates by weight and by volume that trade waste haulers can charge for the removal of putrescible and recyclable commercial waste. Rates were last adjusted in 2016.

In accordance with section 16-519 of the Administrative Code, any change that BIC proposes to the maximum rates must be based on a fair and reasonable return to the licensees who provide waste removal services to commercial establishments in New York City while also protecting those using these services from excessive or unreasonable charges. To achieve this balance, BIC established an administrative procedure that provides greater transparency, standardization and regularity in the rate-setting process. Pursuant to Title 17, Chapter 1, § 5-02(f) of the Rules of the City of New York (“RCNY”), BIC held a hearing on October 18, 2017, relating to the maximum rates charged by a licensee for the collection, removal, disposal, or recycling of trade waste. The hearing was attended by representatives of the trade waste industry and other interested parties, some of whom testified at the hearing and submitted written testimony.

The Commission has carefully evaluated the evidence provided throughout the process, including the oral statements made at the October 18, 2017 hearing and the written statements provided both prior to and after the hearing. In accordance with the process outlined in RCNY Title 17, Chapter 1, § 5-02(g), BIC has reviewed the Producer Price Index, as published by the United States Department of Labor Bureau of Labor Statistics, and other relevant factors affecting the trade waste industry and its customers, including but not limited to data contained in financial statements that licensees are required to file with BIC, as well as certain data regarding increases in operating and capital costs provided to BIC by members of the trade waste industry. As a result of its analysis, BIC proposes to increase by 5.6% the current maximum rates that trade waste haulers can charge. This increase would result in maximum rates of:

• $19.93 per cubic yard
• $13.07 per 100 pounds

BIC’s authority for these rules is found in sections 1043(a) and 2101(b) of the New York City Charter.

Subject: 

.

Location: 
100 Church St. 2nd Floor, Conference Room 2-160A
New York, NY 10007
Contact: 

Salvador Arrona - sarrona@bic.nyc.gov

Adopted Rules: Closed to Comments

Adopted Rules Content: 

NOTICE OF ADOPTION OF FINAL RULE ON OMNIBUS RULE AMENDMENT

NOTICE IS HEREBY GIVEN in accordance with the requirements of section 1043 of the New York City Charter and exercising the authority vested in the Commission by sections 1043(a) and 2101(b) of the New York City Charter that the New York City Business Integrity Commission (“BIC” or the “Commission”) adopts the following Omnibus Rule Amendment. BIC published a Notice of Opportunity to Comment on the proposed rule in the City Record on April 28, 2017. On June 7, 2017, BIC held a public hearing on the proposed rule. BIC received public comments on the proposed rule. As a result of those comments, the Commission shortened Title 17, Section 5-05(a)(4). In addition, the Commission removed the proposed amendment regarding service by e-mail from Title 17 Sections 1-02, 11-20, and 12-25.

Effective Date: 
Thu, 04/05/2018

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, March 13, 2018
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

 Businesses, also known as commercial establishments, in New York City are required to recycle in accordance with the Department of Sanitation’s (“DSNY”) commercial recycling rules following the passage of Local Law No. 87 of 1992, which amended § 16-306 of the Administrative Code (“the Code”).  BIC regulates private carters who collect and dispose of putrescible (commonly referred to as “garbage”) and non-putrescible (commonly referred to as “recyclables”) waste from commercial establishments in New York City that must recycle designated recyclable materials, including paper, cardboard, metal, glass, and plastic.

Under Local Law 146 of 2013, codified in § 16-306.1 of the Code, the Sanitation Commissioner must evaluate, at least annually, whether there exists sufficient regional organics waste processing capacity to require that certain food-generating businesses in the City, or a subset of them, must engage in alternative methods for handling organic waste separated by businesses.

If based on its annual evaluation, DSNY determines that there is sufficient organics processing capacity available to allow for an increase in food waste diversion, DSNY may expand existing requirements to include more large food-generating businesses in the city, known as “designated covered establishments”.  In 2017, DSNY determined that there is currently sufficient organics processing capacity available to allow for an increase in food waste diversion, and, through its own rulemaking, will expand the existing requirement to additional large food-generating businesses in the city.

Businesses added by the new DSNY requirements must separate their organic waste for collection and handling by their private carters (which BIC regulates), transport organic waste themselves, or manage it on-site using in-vessel composting or aerobic or anaerobic digestion systems (subject to compliance with the City’s sewer discharge regulations).

The proposed rule also includes some plain language revisions.  

DSNY’s rules regarding the definition of “designated covered establishments” is set forth under § 1-11 of Chapter 1 of Title 16 of the Rules of the City of New York.

The proposed BIC rule reflects the proposed DSNY rule regarding the definition of “designated covered establishment.”

Additionally, BIC proposes to amend the rules regarding requirements for containers and decals that may be provided by licensees to designated covered establishments.

BIC’s authority for these rules is found in sections 1043(a) and 2101(b) of the New York City Charter.

Subject: 

Business Integrity Commission - Public Hearing
Organic Waste Source Separation Requirements for Private Carters

Location: 
100 Church Street 2nd Floor, Conference Room Number 2-160C
New York, NY 10007
Contact: 

Salvador Arrona at sarrona@bic.nyc.gov