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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

Local Law number 38 for the year 2015, as codified in Section 24-163.11 of the Administrative Code, requires the Department of Environmental Protection (“DEP”) to promulgate rules requiring heavy duty trade waste hauling vehicles to operate using the best available retrofit technology.

This rule sets forth DEP’s determinations as to precautions that must be used to comply with the requirements of Section 24-163.11. The goal of this rule is to reduce particulate matter emission from the vehicles by requiring controls that will limit the amount of particulate matter emitted into the open air from a heavy duty trade waste hauling vehicle.

This rulemaking is authorized by Section 1043 of the Charter of the City of New York and sections 24-105 and 24-163.11 of the Administrative Code. The rule adds a new Chapter 51 to Title 15 of the Rules of the City of New York.

DEP received written comments from one individual and two comments during the public hearing concerning issues with installing BART where some but not all engines in an engine family are verified on the EPA and CARB websites. DEP has a variance procedure in place to address such situations.

Consistent with the above, DEP promulgates the following Rule to be found at 15 RCNY Chapter 51.

Effective Date: 
Thu, 08/09/2018

Proposed Rules: Closed to Comments

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 (View Public Comments Received:1)

Agency:
Comment By: 
Wednesday, June 13, 2018
Proposed Rules Content: 

Local Law number 38 for the year 2015, as codified in Section 24-163.11 of the Administrative Code, requires the Department of Environmental Protection (“DEP”) to promulgate rules requiring heavy duty trade waste hauling vehicles to operate using the best available retrofit technology.

This proposed rule sets forth DEP’s determinations as to precautions that must be used to comply with the requirements of Section 24-163.11. The goal of this proposed rule is to reduce particulate matter emission from the vehicles by requiring controls that will limit the amount of particulate matter emitted into the open air from a heavy duty trade waste hauling vehicle.

This rulemaking is authorized by Section 1043 of the Charter of the City of New York and sections 24-105 and 24-163.11 of the Administrative Code. The proposed rule will add a new Chapter 51 to Title 15 of the Rules of the City of New York.

Matter underlined is new. Matter in [brackets] is to be deleted.

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rule of this department unless otherwise specified or unless the context clearly indicates otherwise.

Subject: 

Fuel Requirements for Heavy Duty Trade Waste Hauling Vehicles.

Location: 
DEP 9th Floor Conference Room
59-17 Junction Blvd. 9th Floor Conference Room
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

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

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final 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 2013.  

In accordance with section 16-519 of the Administrative Code, any change that BIC proposes to the maximum rates must be based upon 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 more transparency, standardization and regularity in the rate-setting process.  Pursuant to 17 RCNY § 5-02(f), BIC held a hearing on October 30, 2015, 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 30, 2015 and March 21, 2016 hearings and the written statements provided both prior to and at those hearings.  Having reviewed the Producer Price Index, as well as the other factors enumerated in 17 RCNY § 5-02(g), BIC will increase the current maximum rate allowed to be charged by the trade waste haulers by 3.3%.  The new maximum rates are:

•$18.87 per cubic yard

•$12.38 per 100 pounds

 
Effective Date: 
Sat, 08/06/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of 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 creating 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.

 

On February 5, 2016, DSNY published in the City Record the adopted rules, which revised the City’s current commercial recycling rules to simplify the requirements, which makes them more understandable for businesses and easier to follow. Prior to the adopted rules, certain types of businesses were required to recycle different materials than other types of businesses.  Under the new rules, eliminating the distinction between businesses types and applying the same rules for all businesses will facilitate greater recycling participation and make recycling easier for businesses. In addition, allowing single stream collection and recycling (when all designated recyclable metal, glass, plastic and paper are placed in the same bags or bins by a business) and co-collection of recyclables (when all designated recyclable metal, glass and plastic is source separated from designated paper by the business, but a private carter places the source separated materials into the same compartment of a waste hauling truck) will help make commercial recycling easier to manage and can significantly increase diversion of recyclables from landfills.

 

On December 18, 2015, DSNY published in the City Record adopted rules governing organic waste generated by commercial establishments.  Organic waste makes up approximately one-third of the waste generated by food-generating businesses in New York City. This material can be converted into soil enhancing compost or used as an energy source in aerobic and anaerobic digesters, but most of it is currently disposed of in landfills outside the City. Under Local Law 146 of 2013, codified in §16-306.1 of the Code, the Sanitation Commissioner must evaluate, at least annually beginning July 1, 2015, whether there exists sufficient regional organics waste processing capacity to require that certain food-generating businesses in the City, or a subset of them, arrange with their private carters to engage in alternative methods for handling organic waste separated by the businesses. Following site visits and surveys of active private organics waste processing facilities in the region and an evaluation of organic waste quantities generated by various food industry sectors in the city, DSNY identified that there is organics processing capacity available to a limited extent, and will require a subset of food-generating businesses in the city to separate their organic waste for collection and handling by their private carters.

 

As a result of the two adopted rules recently enacted by DSNY amending Chapter 1 of Title 16 of the Rules of the City of New York by adding a new Section 1-11 relating to the handling of organic waste generated by certain commercial establishments, and repealing and adding a new Section 1-10 of Chapter 1 of Title 16 of the Rules of the City of New York, relating to the recycling of private carter collected waste, BIC’s rules must reflect these changes.  Therefore, BIC is adopting rules detailing procedures that private carters must follow when they provide refuse, recycling and organic waste collection to the commercial establishments. 

Effective Date: 
Sat, 08/06/2016

Proposed Rules: Closed to Comments (View Public Comments Received:2)

Agency:
Comment By: 
Friday, June 3, 2016
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 creating 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.

 

On February 5, 2016, DSNY published in the City Record the adopted rules, which revised the City’s current commercial recycling rules to simplify the requirements, which makes them more understandable for businesses and easier to follow. Prior to the adopted rules, certain types of businesses were required to recycle different materials than other types of businesses.  Under the new rules, eliminating the distinction between businesses types and applying the same rules for all businesses will facilitate greater recycling participation and make recycling easier for businesses. In addition, allowing single stream collection and recycling (when all designated recyclable metal, glass, plastic and paper are placed in the same bags or bins by a business) and co-collection of recyclables (when all designated recyclable metal, glass and plastic is source separated from designated paper by the business, but a private carter places the source separated materials into the same compartment of a waste hauling truck) will help make commercial recycling easier to manage and can significantly increase diversion of recyclables from landfills.

 

On December 18, 2015, DSNY published in the City Record adopted rules governing organic waste generated by commercial establishments.  Organic waste makes up approximately one-third of the waste generated by food-generating businesses in New York City. This material can be converted into soil enhancing compost or used as an energy source in aerobic and anaerobic digesters, but most of it is currently disposed of in landfills outside the City. Under Local Law 146 of 2013, codified in §16-306.1 of the Code, the Sanitation Commissioner must evaluate, at least annually beginning July 1, 2015, whether there exists sufficient regional organics waste processing capacity to require that certain food-generating businesses in the City, or a sub-set of them, arrange with their private carters to engage in alternative methods for handling organic waste separated by the businesses. Following site visits and surveys of active private organics waste processing facilities in the region and an evaluation of organic waste quantities generated by various food industry sectors in the city, DSNY identified that there is organics processing capacity available to a limited extent, and will require a subset of food-generating businesses in the city to separate their organic waste for collection and handling by their private carters.

 

As a result of the two adopted rules recently enacted by DSNY amending Chapter 1 of Title 16 of the Rules of the City of New York by adding a new Section 1-11 relating to the handling of organic waste generated by certain commercial establishments, and repealing and adding a new Section 1-10 of Chapter 1 of Title 16 of the Rules of the City of New York, relating to the recycling of private carter collected waste, BIC’s rules must reflect these changes.  Therefore, BIC is proposing rules detailing procedures that private carters must follow when they provide refuse, recycling and organic waste collection to the commercial establishments.

 

Subject: 

Notice of Public Hearing and Opportunity to Comment on Proposed Rules

Location: 
100 Church Street 2nd Floor, conference room number 2-160A
New York, NY 10007
Contact: 

Salvador Arrona sarrona@bic.nyc.gov

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, March 21, 2016
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 2013. 

 In accordance with section 16-519 of the Administrative Code, any change that BIC proposes to the maximum rates must be based upon 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 more transparency, standardization and regularity in the rate-setting process.  Pursuant to Title 17, Chapter 1, § 5-02 (f) of the New York City Rules and Regulations (“NYCRR”), BIC held a hearing on October 30, 2015, 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 30, 2015 hearing and the written statements provided both prior to and after the hearing.  Having reviewed the Producer Price Index as well as the other factors enumerated in NYCRR Title 17, Chapter 1, § 5-02(g), BIC proposes an increase to the current maximum rate allowed to be charged by the trade waste haulers of 3.3%.  This increase would result in maximum rates of:

  •  $18.87 per cubic yard
  • $12.38 per 100 pounds

 “Shall” and “must” denote mandatory requirements and may be used interchangeably in the text below, unless otherwise specified or unless the context clearly indicates otherwise.

 New text is underlined; deleted text is in [ ] brackets.

 Section 1. Subdivision (a) of section 5-02 of subchapter E of Chapter 1 of Title 17 of the Rules of the City of New York is amended to read as follows:

 (a) A trade waste removal business shall not demand, charge, exact, or accept rates for the collection, removal, disposal, or recycling of trade waste greater than the following maximum rates:

(1) [$18.27] $18.87 per cubic yard.

(2) [$11.98] $12.38 per 100 pounds.

(3) Exempt Waste. This subdivision shall not apply to the removal of construction and demolition debris, infectious medical waste, covered electronic equipment as defined in § 421 of chapter 16 of the Code, waste from grease interceptors as defined in § 19-119(a) of title 15 of the Rules of the City of New York and paper that is collected for the purpose of shredding or destruction by the licensee.

 

Subject: 

BIC Amendment of Maximum Rates for Trade Waste Removal

Location: 
100 Church Street 2nd Floor, conference room number 2-160C
New York, NY 10007

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, January 17, 2014
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

Under section 2101 of the New York City Charter, the Business Integrity Commission (“BIC”) is authorized to investigate, license and regulate the trade waste industry. To ensure that trade waste businesses operate free from organized crime and corruption, BIC conducts investigations of certain employees and prospective employees of trade waste license applicants and trade waste licensees.

These proposed rule amendments would raise the fees associated with the investigation of employees or agents and prospective employees or agents of an applicant for a trade waste license or a trade waste licensee and who are required to submit fingerprints and disclosure to the Commission. These investigation fees are part of the licensing process, and have not been changed since the Commission’s inception in 1996. The amended fees would satisfy the Commission’s statutory mandate to recoup all costs associated with licensing through imposed fees.

Pursuant to Charter section 1043(d)(4)(iii), the proposed rule amendments are exempt from the requirements of Local Law 46 of 2010 because the rule amendments are solely concerned with the modification of the amount of a fee or fees.

 

Subject: 

Opportunity to comment on the proposed amendement by the Business Integrity Commission of rules relating to employee disclosure.

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

David Mandell
Deputy General Counsel for Regulatory Enforcement
dmandell@bic.nyc.gov
(212) 676-6296

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