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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

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 Business Integrity Commission (BIC) 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 has the authority pursuant to §§ 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.

 

 

In accordance with § 16-519 of the Administrative Code, these rule amendments are designed to ensure that licensed trade waste haulers subject to rate-setting by BIC are able to collect a fair and reasonable return to licensees for waste removal services provided to commercial establishments in New York City, while protecting those using these services from excessive or unreasonable charges. Rates were last adjusted in 2008. The rate change reflects an increase of approximately 15% over current rates and is based on an analysis of costs and revenues, and of inflation in the regulated portion of the industry.

 

Specifically, the amendments will require trade waste businesses to set rates at or below the following values:

 

·         $18.27 per cubic yard

·         $11.98 per 100 lbs

 

 

In addition, these rule amendments establish an administrative procedure to provide greater transparency, standardization and regularity in the rate-setting process, which does not currently exist and is of benefit to the regulated industry, their customers and BIC. BIC will now conduct a formal review every odd year to ensure that rates are in line with changes and trends in the market. As rates are set also to preserve and protect the interests of commercial establishments, the proposed amendments will place the burden on haulers to demonstrate why the current rates should be changed.

 

 

Effective Date: 
Thu, 11/28/2013

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, September 30, 2013
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 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 has the authority pursuant to §§ 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.

 

 

In accordance with § 16-519 of the Administrative Code, these proposed rule amendments are designed to ensure that licensed trade waste haulers subject to rate-setting by BIC are able to collect a fair and reasonable return to licensees for waste removal services provided to commercial establishments in New York City, while protecting those using these services from excessive or unreasonable charges. Rates were last adjusted in 2008. The proposed increase reflects a 15% increase over current rates and is based on an analysis of costs and revenues, and of inflation in the regulated portion of the industry.

 

Specifically, the proposed amendments will require trade waste businesses to set rates at or below the following values:

 

       $18.97 per cubic yard

       $11.89 per 100 lbs

 

 

In addition, these rule amendments establish an administrative procedure to provide greater transparency, standardization and regularity in the rate-setting process, which does not currently exist and is of benefit to the regulated industry, their customers and BIC. BIC will now conduct a formal review every odd year to ensure that rates are in line with changes and trends in the market. As rates are set also to preserve and protect the interests of commercial establishments, the proposed amendments will place the burden on haulers to demonstrate why the current rates should be changed.

 

 

Subject: 

Opportunity to comment on the proposed amendment by the Business Integrity Commission of rules relating to rate-setting.

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

Jayant Kairam
Chief Operating Officer
jkairam@bic.nyc.gov
(212) 676-1881

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 Business Integrity Commission (BIC) is authorized to regulate the trade waste industry. To ensure trade waste businesses operate free of organized crime and corruption, BIC regulates both the providers of trade waste collection services and the trade waste brokers. As provided in Administrative Code Title 16-A, § 16-504(a), BIC regulates the issuance, suspension and revocation of registrations for trade waste brokers. Under § 16-504(i), BIC is authorized to promulgate rules the Commission deems necessary and appropriate to effectively regulate the waste removal industry, including the regulation of trade waste brokers.

 

These rule amendments are designed to improve BIC’s capacity to properly regulate the trade waste broker community and to ensure trade waste brokers are operating fairly and free of corruption. The new amendments will also ensure BIC’s rules are fair across the trade waste industry, by making rules and requirements for trade waste brokers more consistent with those of licensed providers of trade waste removal collection or disposal services, as enumerated in Title 17 Subchapter E of the Rules of the City of New York.

 

Specifically, the new amendments will require trade waste brokers to follow BIC rules whether they are working with licensees or registrants.

 

The amendments will also require trade waste brokers to follow record keeping and record reporting requirements comparable to the requirements of licensees, including:

 

  • Maintenance and production of accounting records, including cash receivable and cash disbursement journals, payroll records, general ledgers, customer subsidiary ledgers, accounts payable ledgers and other accounting records;
  • Maintenance and production of customer information;
  • Maintenance and production of annual financial statements;
  • Maintenance and production of an annual report;
  • Maintenance and production of the broker’s Customer Register; and
  • Maintenance and production of complaints made against the broker.

 

The new amendments also define the requirements for agreements and contracts with customers for broker services. The amendments address the information that must be included in contracts between brokers and customers, as well as the duration of such contracts. Specifically, contracts entered into after the effective date of this rule may not exceed two years in duration. Contracts entered into prior to the effective date of the rule will be deemed to terminate no later than two years following the rule’s effective date. Additionally, any written contracts without a termination date will be deemed terminable at will by either party upon fourteen days written notice. Oral agreements between customers and a trade waste brokers must be deemed terminable at will by either party upon fourteen days written notice to the other party. In no instance may a broker terminate services or raise rates without at least fourteen days written notice to the customer.

 

Under the amendments, BIC approval will now be required before subcontracting or assigning broker services and before any sales, mergers or acquisitions of trade waste brokerages involving other businesses under BIC’s jurisdiction.

 

In this final rulemaking, BIC is also amending the fee for review of any proposed asset sale, assignment of contract, merger, acquisition, or similar transaction by a licensee to reflect the most recent user cost analysis. The same fee structure will now be applied to transactions by registered trade waste brokers to ensure the marketplace is run fairly and free from criminal influence.

 

This rule will go into effect on May 20, 2013. However, provisions requiring new record keeping or invoicing will go into effect on August 19, 2013. Brokers will need to file customer registers on July 31, 2014 and every six months thereafter. Brokers will need to file financial statements six months after the close of the broker’s first fiscal year that ends on or after August 20, 2014, and then on an annual basis thereafter.

 

Nothing in these amendments to subchapter F relating to trade waste brokers is intended to alter or affect the meaning or application of the requirements for licensees as provided in subchapter E of these rules as interpreted by BIC.

 

 

Effective Date: 
Mon, 05/20/2013

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, March 8, 2013
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 regulate the trade waste industry. To ensure trade waste businesses operate free of organized crime and corruption, BIC regulates both the providers of trade waste collection services and the trade waste brokers. As provided in Administrative Code Title 16-A, § 16-504(a), BIC regulates the issuance, suspension and revocation of registrations for trade waste brokers. Under § 16-504(i), BIC is authorized to promulgate rules the Commission deems necessary and appropriate to effectively regulate the waste removal industry, including the regulation of trade waste brokers.

 

These proposed rule amendments are designed to improve BIC’s capacity to properly regulate the trade waste broker community and to ensure trade waste brokers are operating fairly and free of corruption. The proposed amendments will also ensure BIC’s rules are fair across the trade waste industry, by making rules and requirements for trade waste brokers more consistent with those of licensed providers of trade waste removal collection or disposal services, as enumerated in Title 17 Subchapter E of the Rules of the City of New York.

 

Specifically, the proposed amendments will require trade waste brokers to follow BIC rules whether they are working with licensees or registrants.

 

The amendments will also require trade waste brokers to follow record keeping and record reporting requirements comparable to the requirements of licensees, including:

 

  • Maintenance and production of accounting records, including cash receivable and cash disbursement journals, payroll records, general ledgers, customer subsidiary ledgers, accounts payable ledgers and other accounting records;
  • Maintenance and production of customer information;
  • Maintenance and production of annual financial statements;
  • Maintenance and production of an annual report;
  • Maintenance and production of the broker’s Customer Register; and
  • Maintenance and production of complaints made against the broker.

 

The amendments also define the requirements for agreements and contracts with customers for broker services. The proposed amendments address the information that must be included in contracts between brokers and customers, as well as the duration of such contracts. Specifically, contracts entered into after the effective date of this rule may not exceed two years in duration. Contracts entered into prior to the effective date of the rule will be deemed to terminate no later than two years following the rule’s effective date. Additionally, any written contracts without a termination date will be deemed terminable at will by either party upon fourteen days written notice. Oral agreements between customers and a trade waste brokers must be deemed terminable at will by either party upon fourteen days written notice to the other party. In no instance may a broker terminate services or raise rates without at least fourteen days written notice to the customer.

 

Under the amendments, Commission approval will now be required before subcontracting or assigning broker services and before any sales, mergers or acquisitions of trade waste brokerages involving other businesses under BIC’s jurisdiction.

 

 

In this proposed rulemaking, the Business Integrity Commission is also amending the fee for Commission review of any proposed asset sale, assignment of contract, merger, acquisition, or similar transaction by a licensee to reflect the most recent user cost analysis. The same fee structure will now be applied to transactions by registered trade waste brokers to ensure the marketplace is run fairly and free from criminal influence.

 

Nothing in these proposed amendments to subchapter F relating to trade waste brokers is intended to alter or affect the meaning or application of the requirements for licensees as provided in subchapter E of these rules as interpreted by the Commission.

 

 

Subject: 

Opportunity to comment on the proposed amendment by the Business Integrity Commission of rules relating to trade waste broker regulations.

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

Joanna Weiss
Chief Program Officer
jweiss@bic.nyc.gov
(212) 676-6292

Download Copy of Proposed Rule (.pdf):