Int 0293-1998

Be it enacted by the Council as follows: Section 1. The administrative code of the city of New York is amended by adding a new section 16-116.1 to read as follows: � 16-116.1 Scrap tires; removal; record keeping; enforcement. a. When used in this section: 1. "Licensee" shall mean a person licensed by the New York city trade waste commission in accordance with title 16-A of this code. 2. "Person" shall mean any natural person or business entity, or any officer or employee or agent thereof, provided that person shall not mean any officer or employee of the city acting within the scope of his or her employment. 3. "Registrant" shall mean a person registered with the New York city trade waste commission in accordance with title 16-A of this code. 4. "Scrap tire" shall mean any tire that has ceased to serve the purpose for which it was initially intended due to factors such as, but not limited to, wear or imperfection. 5. "Tire" shall mean any new, used or retreaded whole tire for use on any vehicle. 6. "Vehicle" shall mean vehicle as defined in section one hundred fifty-nine of the vehicle and traffic law. b. Every owner, lessee or person in control of a commercial establishment whose waste includes scrap tires and who provides for the removal of such scrap tires pursuant to an agreement with a licensee shall ensure that such agreement specifically states that scrap tires shall be removed from such establishment by such licensee. c. 1. Every owner, lessee or person in control of a commercial establishment whose waste includes scrap tires and who provides for the removal of such scrap tires pursuant to an agreement with a licensee shall maintain records that shall include a copy of the agreement, receipts for payments pursuant to the agreement and any other information relating to the collection, removal or disposal of scrap tires required by rules of the department. 2. Every owner, lessee or person in control of a commercial establishment whose waste includes scrap tires and who, as a registrant, removes its own waste, including such scrap tires, shall maintain records that shall include the name and address of the facility to which the scrap tires are delivered, receipts for payments to the facility for acceptance of the scrap tires or, if no payments for acceptance were made, other proof satisfactory to the department that the facility accepted the scrap tires, and any other information relating to the collection, removal or disposal of scrap tires required by rules of the department. 3. Every licensee who operates, engages in, or conducts or causes the operation of a business engaged in the collection, removal or disposal of scrap tires, regardless of the source of the scrap tires, shall maintain records that shall include the name and address of the facility to which the scrap tires are delivered, receipts for payments to the facility for acceptance of the scrap tires or, if no payments for acceptance were made, other proof satisfactory to the department that the facility accepted the scrap tires, and any other information relating to the collection, removal or disposal of scrap tires required by rules of the department. 4. The records required to be maintained pursuant to paragraphs one, two and three of this subdivision shall be maintained for a period of three years, as prescribed by rules of the department, and shall be made available for inspection by the commissioner or his or her designee during regular and usual business hours. d. 1. Any person who violates any provision of this section or any rule promulgated pursuant thereto shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five hundred dollars nor more than five thousand dollars, or by imprisonment for a term of not more than thirty days, or by both such fine and imprisonment. 2. In addition to any penalty prescribed in paragraph one of this subdivision, any person who violates any provision of this section or any rule promulgated pursuant thereto shall be liable for a civil penalty of not less than five hundred dollars nor more than one thousand dollars for the first violation and not less than two thousand five hundred dollars nor more than ten thousand dollars for the second and any subsequent violation committed in a period of eighteen months. 3. The civil penalties prescribed in paragraph two of this subdivision shall be recovered in a civil action brought in the name of the commissioner or in a proceeding before the environmental control board. 4. The department, and any other agency designated by the mayor, shall enforce the provisions of this section. 5. This section shall not be construed to restrict in any manner the regulatory or enforcement authority conferred upon any agency of the city by any other provision of law. � 2. Paragraph (ii) of subdivision a of section 16-513 of the administrative code of the city of New York, as added by local law number 42 for the year 1996, is amended to read as follows: (ii) have been found by a court or administrative tribunal of competent jurisdiction to have violated: (A) any provision of section 16-119 of this code, or any rule promulgated pursuant thereto, relating to illegal dumping, (B) any provision of section 16-120.1 of this code, or any rule promulgated pursuant thereto, relating to the disposal of regulated medical waste and other medical waste [or] , (C) any provision of section 16-117.1 of this code, or any rule promulgated pursuant thereto, relating to the transportation and disposal of waste containing asbestos or (D) any provision of section 16-116.1 of this code, or any rule promulgated pursuant thereto, relating to scrap tires; � 3. This local law shall take effect on the one hundred twentieth day after it shall have become a law, provided, however, that on or after the effective date of this local law any person who holds a license or a permit issued pursuant to the provisions of subchapter 18 of chapter 2 of title 20 of the administrative code of the city of New York, which license or permit remains valid in accordance with the provisions of section fourteen of local law number 42 for the year 1996, shall be deemed to be a "licensee" or "registrant" as such terms are defined in section one of this local law and the provisions of this local law shall be enforced as if such person were a "licensee" or "registrant" as such terms are defined in section one of this local law and provided, further, that on or after the effective date of this local law any person required to possess a license issued by the New York city trade waste commission in accordance with local law number 42 for the year 1996, which person is authorized by the New York city trade waste commission, pursuant to paragraph (c) of subdivision (iii) of section fourteen of such local law, to operate without a license pending a license determination, shall be deemed to be a "licensee" as such term is defined in section one of this local law and the provisions of this local law shall be enforced as if such person were a "licensee" as such term is defined in section one of this local law. scraptir.ll