Section 16-116. Removal of commercial waste; posting of sign, registration number  


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  • a. Every owner, lessee or person  in  control  of  a  commercial  establishment  shall  provide  for  the  removal  of waste by a business
      licensed by the New York city trade  waste  commission  as  required  by
      subdivision  a  of  section 16-505 of this code or register and obtain a
      registration number from the New York city  trade  waste  commission  as
      required  by  subdivision b of section 16-505 of this code to remove its
      own waste except as provided in subdivision c of this  section,  however
      nothing  contained herein shall preclude the commissioner from providing
      for the removal of waste from any commercial establishment  pursuant  to
      the  authority  vested  in  the  commissioner  by  section seven hundred
      fifty-three of the charter; provided, further, that every owner,  lessee
      or  person in control of a commercial establishment that is located in a
      special trade waste removal district designated by  the  New  York  city
      trade  waste  commission pursuant to section 16-523 of this code, except
      for an owner, lessee or person in control of a commercial  establishment
      who  has  registered  with  the  New York city trade waste commission as
      required by subdivision b of section 16-505 of this code and  except  as
      otherwise  provided  by  subdivision  g  of section 16-523 of this code,
      shall provide for the removal of waste by  a  licensee  with  whom  such
      commission  has  entered  into an agreement pursuant to subdivision b of
      such section.
        b.  Every  owner,  lessee  or  person  in  control  of  a   commercial
      establishment  shall  post  a  sign which states clearly and legibly the
      trade or business name, address, telephone number and the day  and  time
      of  the pickup of the trade waste removal business presently serving the
      establishment, or if the commercial establishment removes its own waste,
      a registration number issued by the New York city trade waste commission
      shall be posted. Such sign or registration number shall  be  prominently
      displayed  by affixing it to a window near the principal entrance to the
      commercial establishment so as to be easily  visible  from  outside  the
      building.  If  this  is  not  possible,  such  sign  or  permit shall be
      prominently displayed  inside  the  commercial  establishment  near  the
      principal entrance to the premises.
        c.  This  section shall not apply to (i) unimproved or vacant property
      or premises generating infrequent  waste  or  insignificant  amounts  of
      waste; and (ii) home occupations, medical offices/group medical centers,
      and  other  residential offices, which receive department collection and
      disposal  service  pursuant  to  section  16-114.1  of  this  code.  The
      commissioner  shall  have  the  authority  to determine what constitutes
      infrequent waste or insignificant amounts of waste in specific cases.
        d. (i) Except as provided  in  paragraph  (ii)  of  this  subdivision,
      violation  of  any  of  the  provisions  of  this  section  or any rules
      promulgated pursuant thereto shall be punishable by a civil  penalty  of
      not  less  than  fifty  nor more than one hundred dollars. Any notice of
      violation, appearance ticket or summons issued for a violation  of  this
      section shall be returnable before the environmental control board which
      shall impose the penalty herein provided.
        (ii)  A  commercial establishment required by subdivision b of section
      16-505 of this code to register with  the  New  York  city  trade  waste
      commission  shall  be  subject  to  a  penalty for the violation of such
      subdivision or any rule pertaining thereto as provided in subdivision  c
      of  section  16-515 of this code. Such penalty may be recoverable in the
      manner provided therein or may be returnable in a civil  action  brought
      in  the  name of the commissioner before the environmental control board
      which shall impose a penalty not be exceed one thousand dollars.