TWC-232167
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2025-06-24
|
3250
|
2025-07-02
|
All vehicles operated pursuant to a license shall be loaded at all times in such a manner and by such methods as to prevent the release or discharge of dust and to prevent spilling of materials upon sidewalks or streets and every operator of a vehicle shall remove immediately from sidewalks or streets all materials spilled, littered, or thrown thereon in loading operations or in the handling and return of receptacles or while traveling.
|
TWC-231379
|
Office of Administrative Trials and Hearings
|
Issued
|
Early Settlement
|
2025-03-13
|
1250
|
No data
|
A trade waste vehicle must not be operated unless the operator of such vehicle is satisfied such vehicle is in safe operating condition. A licensee must require the operator of such vehicle to inspect such vehicle following each day's work and to prepare a daily inspection report that identifies such vehicle and any defect that would affect the safety of operation of such vehicle. Such daily inspection report must cover at a minimum the following parts and accessories: service and parking brakes, steering mechanism, tires, wheels and rims, side guards, coupling devices, mirrors, lighting devices and reflectors, horn, windshield wipers, and emergency equipment. Copies of such daily inspection reports must be kept in the corresponding vehicle in accordance with the requirements of subdivision (n) of 17 RCNY ? 5-03. The operator of such vehicle must review the most recent daily inspection report and determine whether required repairs have been made when evaluating the condition of such vehicle. 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 subdivision in such zone. Licensees who operate in any zones that have not been implemented will continue to be subject to the requirements of this subdivision.
|
TWC-231055
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2025-02-04
|
1250
|
2025-02-21
|
Waste that has been source-separated for recycling by the customer. (i) A licensee collecting materials that have been source-separated by the customer may not commingle in the same vehicle compartment any of the following: (1) designated recyclable paper, (2) designated recyclable metal, glass, and plastic, (3) yard waste, (4) textiles, (5) construction and demolition debris, (6) organic waste, (7) any other materials that have special collection requirements pursuant to applicable local, state or federal law, or (8) other solid waste. Each of these terms is defined in 16 RCNY ? 1-01. (ii) Designated recyclable metal, glass and plastic may be commingled together, but may not be commingled in the same vehicle compartment with designated recyclable paper unless such materials are collected pursuant to single stream collection and recycling as allowed by paragraph (2) of subdivision (c) of this section.
|
TWC-230033
|
Office of Administrative Trials and Hearings
|
Issued
|
Early Settlement
|
2024-09-07
|
2000
|
No data
|
All licensees shall at all times comply with all the laws, rules and regulations of Federal, State and local governmental authorities having jurisdiction over any of the licensees' activities, including, but not limited to, rules and regulations of the Department of Environmental Protection, the Department of Health, the Department of Sanitation and the Department of Transportation concerning environmental, safety and health standards, including but not limited to traffic safety, or relating to the collection, removal, transportation or disposal of trade waste in a safe manner, vehicle specifications, sanitary requirements, or the handling, transport, receipt, transfer or disposal of trade waste, regulated medical waste or waste containing asbestos or other hazardous, toxic or dangerous material. Failure to comply with these laws, rules or regulations shall be grounds for suspension and/or revocation of the license pursuant to Section 16-513 of the Code or refusal to issue a license pursuant to Section 16-509 of the Code and, in addition to any other penalty provided by law, the imposition of penalties pursuant to 17 RCNY ? 1-04.
|
TWC-229730
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2024-08-10
|
1750
|
2024-09-03
|
All licensees shall at all times comply with all the laws, rules and regulations of Federal, State and local governmental authorities having jurisdiction over any of the licensees' activities, including, but not limited to, rules and regulations of the Department of Environmental Protection, the Department of Health, the Department of Sanitation and the Department of Transportation concerning environmental, safety and health standards, including but not limited to traffic safety, or relating to the collection, removal, transportation or disposal of trade waste in a safe manner, vehicle specifications, sanitary requirements, or the handling, transport, receipt, transfer or disposal of trade waste, regulated medical waste or waste containing asbestos or other hazardous, toxic or dangerous material. Failure to comply with these laws, rules or regulations shall be grounds for suspension and/or revocation of the license pursuant to Section 16-513 of the Code or refusal to issue a license pursuant to Section 16-509 of the Code and, in addition to any other penalty provided by law, the imposition of penalties pursuant to 17 RCNY ? 1-04.
|
TWC-229186
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2024-05-03
|
2500
|
2024-06-04
|
A trade waste vehicle must not be operated unless such vehicle is in safe operating condition and has passed an inspection conducted by a qualified inspector demonstrating compliance with the terms of this section at least once during the preceding six months. (1) Each such inspection must be recorded on an inspection report form prescribed by the Commission. Such inspection report must identify any safety defects discovered during the inspection and cover at a minimum, the following parts and accessories: service and parking brakes, steering mechanism, tires, wheels and rims, side guards, coupling devices, mirrors, lighting devices and reflectors, horn, windshield wipers, and emergency equipment. (2) Following an inspection, such vehicle may not be operated unless a qualified inspector certifies on the inspection report that all necessary repairs have been made and that such vehicle has passed the inspection. (3) Copies of such inspection reports must be kept in the corresponding vehicle in accordance with the requirements of subdivision (m) of 17 RCNY ? 5-03.
|
TWC-228807
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2024-03-07
|
0
|
No data
|
An applicant for a license or a licensee must notify the Commission within ten (10) business days of any crash that involved a vehicle used in the course of the business of such applicant or licensee. Additionally, such applicant or licensee must provide the Commission with a copy of the Report of Motor Vehicle Accident (MV-104) and any other forms filed with the New York State Department of Motor Vehicles within ten (10) business days from the date by which such applicant or licensee is required to file the forms with such department.
|
TWC-228599
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2024-02-21
|
0
|
No data
|
A trade waste vehicle must not be operated unless such vehicle is in safe operating condition and has passed an inspection conducted by a qualified inspector demonstrating compliance with the terms of this section at least once during the preceding six months. (1) Each such inspection must be recorded on an inspection report form prescribed by the Commission. Such inspection report must identify any safety defects discovered during the inspection and cover at a minimum, the following parts and accessories: service and parking brakes, steering mechanism, tires, wheels and rims, side guards, coupling devices, mirrors, lighting devices and reflectors, horn, windshield wipers, and emergency equipment. (2) Following an inspection, such vehicle may not be operated unless a qualified inspector certifies on the inspection report that all necessary repairs have been made and that such vehicle has passed the inspection. (3) Copies of such inspection reports must be kept in the corresponding vehicle in accordance with the requirements of subdivision (m) of 17 RCNY ? 5-03.
|
TWC-228007
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2023-11-17
|
625
|
2023-12-13
|
Waste that has been source-separated for recycling by the customer. (i) A licensee collecting materials that have been source-separated by the customer may not commingle in the same vehicle compartment any of the following: (1) designated recyclable paper, (2) designated recyclable metal, glass, and plastic, (3) yard waste, (4) textiles, (5) construction and demolition debris, (6) organic waste, (7) any other materials that have special collection requirements pursuant to applicable local, state or federal law, or (8) other solid waste. Each of these terms is defined in 16 RCNY ? 1-01. (ii) Designated recyclable metal, glass and plastic may be commingled together, but may not be commingled in the same vehicle compartment with designated recyclable paper unless such materials are collected pursuant to single stream collection and recycling as allowed by paragraph (2) of subdivision (c) of this section.
|
TWC-228008
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2023-11-17
|
500
|
2023-12-13
|
If a container is provided by a licensee, it shall be the responsibility of that licensee to imprint and maintain the licensee's name and license number along with the accurate true measurement of the volume of the container. A licensee shall, at no charge, mark each unmarked container provided by a customer with the name of the owner of the container and the accurate true measurement of the volume of the container.
|
TWC-227907
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2023-10-20
|
625
|
2024-01-04
|
Waste that has been source-separated for recycling by the customer. (i) A licensee collecting materials that have been source-separated by the customer may not commingle in the same vehicle compartment any of the following: (1) designated recyclable paper, (2) designated recyclable metal, glass, and plastic, (3) yard waste, (4) textiles, (5) construction and demolition debris, (6) organic waste, (7) any other materials that have special collection requirements pursuant to applicable local, state or federal law, or (8) other solid waste. Each of these terms is defined in 16 RCNY ? 1-01. (ii) Designated recyclable metal, glass and plastic may be commingled together, but may not be commingled in the same vehicle compartment with designated recyclable paper unless such materials are collected pursuant to single stream collection and recycling as allowed by paragraph (2) of subdivision (c) of this section.
|
TWC-227811
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2023-10-16
|
375
|
2023-10-26
|
Vehicles and containers shall be thoroughly cleaned inside and outside frequently so that they shall present a good appearance and be maintained free of dirt and offensive odors at all times.
|
TWC-227652
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2023-09-11
|
250
|
2023-10-26
|
All containers or receptacles from which trade waste is collected by any licensee shall have the volume capacity of each container or receptacle painted on the front of the container or receptacle in Arabic numerals at least 4 inches in height and followed by the indication "cu. yd." when the volume of the container or receptacle is measured in cubic yards or "GAL." when the volume of the container or receptacle is measured in gallons.
|
TWC-227681
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2023-08-23
|
625
|
2023-10-26
|
Waste that has been source-separated for recycling by the customer. (i) A licensee collecting materials that have been source-separated by the customer may not commingle in the same vehicle compartment any of the following: (1) designated recyclable paper, (2) designated recyclable metal, glass, and plastic, (3) yard waste, (4) textiles, (5) construction and demolition debris, (6) organic waste, (7) any other materials that have special collection requirements pursuant to applicable local, state or federal law, or (8) other solid waste. Each of these terms is defined in 16 RCNY ? 1-01. (ii) Designated recyclable metal, glass and plastic may be commingled together, but may not be commingled in the same vehicle compartment with designated recyclable paper unless such materials are collected pursuant to single stream collection and recycling as allowed by paragraph (2) of subdivision (c) of this section.
|
TWC-227435
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2023-08-10
|
625
|
2023-08-28
|
Waste that has been source-separated for recycling by the customer. (i) A licensee collecting materials that have been source-separated by the customer may not commingle in the same vehicle compartment any of the following: (1) designated recyclable paper, (2) designated recyclable metal, glass, and plastic, (3) yard waste, (4) textiles, (5) construction and demolition debris, (6) organic waste, (7) any other materials that have special collection requirements pursuant to applicable local, state or federal law, or (8) other solid waste. Each of these terms is defined in 16 RCNY ? 1-01. (ii) Designated recyclable metal, glass and plastic may be commingled together, but may not be commingled in the same vehicle compartment with designated recyclable paper unless such materials are collected pursuant to single stream collection and recycling as allowed by paragraph (2) of subdivision (c) of this section.
|
TWC-227233
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2023-07-21
|
0
|
No data
|
All loading hoppers, doors, covers, or other closures of loading openings of all vehicles shall be kept closed and secured at all times excepting during actual loading through the particular opening.
|
TWC-227222
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2023-07-19
|
0
|
No data
|
A licensee must maintain copies of all daily inspection reports required by 17 RCNY ? 5-10(f) for at least five (5) years, and copies of such reports (paper or electronic) must be available in the corresponding vehicles at all times for fourteen (14) days.
|
TWC-227134
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2023-07-12
|
0
|
No data
|
A licensee must maintain copies of all inspection and certification of repair forms required by 17 RCNY ? 5-10(e) for at least five (5) years, and copies of such forms (paper or electronic) must be available in the corresponding vehicles at all times for six (6) months.
|
TWC-227156
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2023-07-12
|
0
|
No data
|
A licensee must maintain copies of all inspection and certification of repair forms required by 17 RCNY ? 5-10(e) for at least five (5) years, and copies of such forms (paper or electronic) must be available in the corresponding vehicles at all times for six (6) months.
|
TWC-227060
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2023-07-01
|
0
|
No data
|
Waste that has been source-separated for recycling by the customer. (i) A licensee collecting materials that have been source-separated by the customer may not commingle in the same vehicle compartment any of the following: (1) designated recyclable paper, (2) designated recyclable metal, glass, and plastic, (3) yard waste, (4) textiles, (5) construction and demolition debris, (6) organic waste, (7) any other materials that have special collection requirements pursuant to applicable local, state or federal law, or (8) other solid waste. Each of these terms is defined in 16 RCNY ? 1-01. (ii) Designated recyclable metal, glass and plastic may be commingled together, but may not be commingled in the same vehicle compartment with designated recyclable paper unless such materials are collected pursuant to single stream collection and recycling as allowed by paragraph (2) of subdivision (c) of this section.
|
TWC-226979
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2023-06-22
|
375
|
2023-07-06
|
All vehicles operated pursuant to a license shall be loaded at all times in such a manner and by such methods as to prevent the release or discharge of dust and to prevent spilling of materials upon sidewalks or streets and every operator of a vehicle shall remove immediately from sidewalks or streets all materials spilled, littered, or thrown thereon in loading operations or in the handling and return of receptacles or while traveling.
|
TWC-226443
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2023-04-20
|
400
|
2023-05-25
|
A licensee must maintain copies of all inspection and certification of repair forms required by 17 RCNY ? 5-10(e) for at least five (5) years, and copies of such forms (paper or electronic) must be available in the corresponding vehicles at all times for six (6) months.
|
TWC-226059
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2023-03-15
|
0
|
No data
|
Nothing may be placed or suspended in or on the vehicle or windshield so as to obstruct the operator's vision through the windshield or other windows. Nothing in this subdivision shall be construed to prohibit the placement or suspension of an object in or on the vehicle or windshield in order to comply with or as expressly permitted by federal, state or local law.
|
TWC-226058
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2023-03-15
|
0
|
No data
|
All loading hoppers, doors, covers, or other closures of loading openings of all vehicles shall be kept closed and secured at all times excepting during actual loading through the particular opening.
|
TWC-225985
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2023-03-11
|
0
|
No data
|
A licensee must maintain copies of all inspection and certification of repair forms required by 17 RCNY ? 5-10(e) for at least five (5) years, and copies of such forms (paper or electronic) must be available in the corresponding vehicles at all times for six (6) months.
|
TWC-225904
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2023-02-21
|
0
|
No data
|
Waste that has been source-separated for recycling by the customer. (i) A licensee collecting materials that have been source-separated by the customer may not commingle in the same vehicle compartment any of the following: (1) designated recyclable paper, (2) designated recyclable metal, glass, and plastic, (3) yard waste, (4) textiles, (5) construction and demolition debris, (6) organic waste, (7) any other materials that have special collection requirements pursuant to applicable local, state or federal law, or (8) other solid waste. Each of these terms is defined in 16 RCNY ? 1-01. (ii) Designated recyclable metal, glass and plastic may be commingled together, but may not be commingled in the same vehicle compartment with designated recyclable paper unless such materials are collected pursuant to single stream collection and recycling as allowed by paragraph (2) of subdivision (c) of this section.
|
TWC-225831
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2023-02-21
|
0
|
No data
|
Waste that has been source-separated for recycling by the customer. (i) A licensee collecting materials that have been source-separated by the customer may not commingle in the same vehicle compartment any of the following: (1) designated recyclable paper, (2) designated recyclable metal, glass, and plastic, (3) yard waste, (4) textiles, (5) construction and demolition debris, (6) organic waste, (7) any other materials that have special collection requirements pursuant to applicable local, state or federal law, or (8) other solid waste. Each of these terms is defined in 16 RCNY ? 1-01. (ii) Designated recyclable metal, glass and plastic may be commingled together, but may not be commingled in the same vehicle compartment with designated recyclable paper unless such materials are collected pursuant to single stream collection and recycling as allowed by paragraph (2) of subdivision (c) of this section.
|
TWC-225895
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2023-02-21
|
0
|
No data
|
A licensee must maintain copies of all inspection and certification of repair forms required by 17 RCNY ? 5-10(e) for at least five (5) years, and copies of such forms (paper or electronic) must be available in the corresponding vehicles at all times for six (6) months.
|
TWC-225745
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2023-02-08
|
0
|
No data
|
A licensee must maintain copies of all inspection and certification of repair forms required by 17 RCNY ? 5-10(e) for at least five (5) years, and copies of such forms (paper or electronic) must be available in the corresponding vehicles at all times for six (6) months.
|
TWC-225447
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2022-12-15
|
800
|
2023-01-13
|
A licensee must maintain copies of all daily inspection reports required by 17 RCNY ? 5-10(f) for at least five (5) years, and copies of such reports (paper or electronic) must be available in the corresponding vehicles at all times for fourteen (14) days.
|
TWC-223911
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2022-04-21
|
250
|
2022-10-14
|
A licensee must maintain copies of all inspection and certification of repair forms required by 17 RCNY ? 5-10(e) for at least five (5) years, and copies of such forms (paper or electronic) must be available in the corresponding vehicles at all times for six (6) months.
|
TWC-223905
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2022-04-05
|
250
|
2022-10-14
|
A licensee must maintain copies of all inspection and certification of repair forms required by 17 RCNY ? 5-10(e) for at least five (5) years, and copies of such forms (paper or electronic) must be available in the corresponding vehicles at all times for six (6) months.
|
TWC-223082
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2021-12-13
|
750
|
2022-04-22
|
Failed to timely disclose to Commission employee information
|
TWC-218446
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2020-01-09
|
250
|
2020-03-09
|
An applicant for a license or a licensee must notify the commission within 10 (ten) Business days of any material change as defined in 17 RCNY 1-01 in the information submitted in an application or disclosure form submitted pursuant to this chapter .
|
TWC-217538
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2019-04-23
|
500
|
2019-08-21
|
Failed to prevent spillage of leachate
|
TWC-215918
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2018-05-30
|
1000
|
2018-11-14
|
A licensee collecting materials that have been source-separated by the customer may not commingle in the same vehicle compartment any of the following: (1) designated recyclable paper, (2) designated recyclable metal, glass, and plastic, (3) yard waste, (4) textiles, (5) construction and demolition debris, (6) organic waste, (7) any other materials that have special collection requirements pursuant to applicable local, state or federal law, or (8) other solid waste. Each of these terms is defined in 16 RCNY ? 1-01.
|
TWC-215154
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2017-11-02
|
1000
|
2018-02-14
|
A licensee collecting materials that have been source-separated by the customer may not commingle in the same vehicle compartment any of the following: (1) designated recyclable paper, (2) designated recyclable metal, glass, and plastic, (3) yard waste, (4) textiles, (5) construction and demolition debris, (6) organic waste, (7) any other materials that have special collection requirements pursuant to applicable local, state or federal law, or (8) other solid waste. Each of these terms is defined in 16 RCNY ? 1-01.
|
TWC-214818
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2017-05-17
|
250
|
2017-05-31
|
Failed to keep rear hopper closed and secure
|
TWC-213474
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2016-04-25
|
250
|
2016-05-23
|
Failed to provide off-street parking for vehicles used to transport waste
|
TWC-213475
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2016-04-24
|
250
|
2016-05-23
|
Failed to provide off-street parking for vehicles used to transport waste
|
TWC-211423
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2015-03-05
|
400
|
2015-06-29
|
Failure to register vehicle with the commission
|
TWC-211088
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2014-12-10
|
250
|
2015-01-07
|
Failure to mark container with name, license number, or volume measurement of container
|
TWC-210619
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2014-09-08
|
250
|
2014-10-08
|
Failure to mark container with name, license number, or volume measurement of container
|
TWC-210473
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2014-08-12
|
250
|
2014-10-08
|
Failure to mark container with name, license number, or volume measurement of container
|
TWC-9986
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2013-09-05
|
250
|
No data
|
Failure to mark container with name, license number, or volume measurement of container
|
TWC-9985
|
Office of Administrative Trials and Hearings
|
Issued
|
Settled
|
2013-09-05
|
250
|
No data
|
Failure to mark container with name, license number, or volume measurement of container
|