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TWC-227590
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Office of Administrative Trials and Hearings
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Issued
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Settled
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2023-09-13
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1000
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2023-10-25
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A licensee must maintain annual financial statements in a form or computer format prescribed by the Commission. The Commission may require that such financial statements be audited by an independent certified public accountant who is not employed by or related to the licensee or any principal of the licensee and has no financial interest in the licensee or any principal of the licensee. The financial statements must include a balance sheet, an income statement, a statement of cash flows, and a statement of retained earnings or (if the licensee is a sole proprietorship or partnership) capital. The auditor shall render an opinion as to whether the financial statements accurately reflect the financial position of the licensee as of the balance sheet date and the results of its operations and cash flows for the year ended, except that the auditor need not opine on Paragraphs (3) and (4) of this Subdivision. The auditor shall also issue a supplemental opinion on the licensee's compliance with the financial record-keeping and reporting requirements of the Commission. Such supplemental opinion shall detail each and every variance or deviation from the Commission's requirements noted during the auditor's examination of the licensee's financial books and records. The licensee must certify, and the principal responsible for the licensee's financial affairs must swear under oath upon penalty of perjury, that the financial statement accurately reflects the licensee's accounts and financial operations. At the completion of the audit, the licensee must obtain from the auditor copies of the accountant's work papers and must retain such papers with the licensee's records. Except that a micro-hauler licensee may satisfy the requirements of this subdivision by maintaining tax returns prepared by a certified public accountant. The Commission is not precluded from requiring a micro-hauler licensee to prepare a financial statement required by this subdivision upon the Commission's request. (1) The balance sheet must include the balance for each group or type of asset, liability, and capital amount at the end of the accounting period. (2) The income statement must include the balance of each group or type of income and expense for the accounting period. Income and expenses related to waste removal, collection, disposal, and recycling must be shown in such a manner as to be traceable from the income statement to the General Ledger, Customer Ledger, Cash Receipts Journal, Cash Disbursements Journal, Disposal Expense Subsidiary Journal, invoices, cancelled checks, cash receipts, bank statements, and deposit slips. (3) The following schedules must be included in the financial statement in support of the balance sheet and income statement: (A) a truck and container analysis; (B) a schedule of investments; (C) allowances for doubtful accounts; (D) prepaid expenses; (E) miscellaneous current and other assets; (F) fixed assets, depreciation, and accumulated depreciation; (G) route purchases; (H) notes payable and receivable; (I) taxes prepaid and accrued; (J) miscellaneous current and accrued liabilities; (K) capital stock; (L) additional paid-in capital; (M) retained earnings; (N) intangible assets and accumulated amortization; and (O) waste collection analysis. (4) Operating, administrative, and general expenses must be summarized and must include schedules as follows: (A) a payroll analysis with details of drivers' and helpers' wages, mechanics' wages, workers' compensation insurance, disability insurance, payroll taxes, and pension and welfare fund payments; (B) a truck and container analysis with details of garage, rent, gas, oil, tolls, truck insurance, repairs, maintenance, truck rental, license plates, license fees, truck mileage taxes, depreciation, and other related expenses; (C) a disposal analysis with details of all expenses incurred, and credits (including cash) obtained in connection with disposing or recycling collected waste including the name of the disposal facility or vehicle or recycling facility, the type of disposal or recycling facilities used (e.g., landfill, transfer station, or recycling center), the complete address of each disposal facility or vehicle or recycling facility, the amount of collected waste that was delivered to such disposal or recycling facility or facilities (in compacted cubic yards and tons), the rate charged per cubic yard or ton, the total amount billed by the vehicle or facility, and the amount paid; (D) a compensation schedule for officers, directors, and owners; (E) a revenue analysis; (F) an analysis of interest paid and received; and (G) an amortization expense analysis.
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TWC-226962
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Office of Administrative Trials and Hearings
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Issued
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Settled
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2023-06-06
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625
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2023-07-06
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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.
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TWC-226870
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Office of Administrative Trials and Hearings
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Issued
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Settled
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2023-06-01
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625
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2023-07-06
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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.
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TWC-226384
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Office of Administrative Trials and Hearings
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Issued
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Settled
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2023-04-11
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400
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2023-06-07
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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.
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TWC-225829
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Office of Administrative Trials and Hearings
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Issued
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Settled
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2023-02-21
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400
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2023-04-14
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Each vehicle having a gross vehicle weight rating of twenty-six thousand pounds or more and a conventional cab configuration in which the engine is mounted in front of the operator must be equipped with a convex mirror positioned on the front of such vehicle. When such vehicle is being operated, such mirror shall be adjusted so as to enable the operator thereof to see all points on an imaginary horizontal line which is three feet above the road, is one foot directly forward from the midpoint of the front of such motor vehicle, and extends the full width of the front of such vehicle or combination of vehicles.
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TWC-225228
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Office of Administrative Trials and Hearings
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Issued
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Settled
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2022-10-31
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1250
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2023-06-07
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A licensee must maintain a complete and accurate Customer Register on a form or in a computer format approved by the Commission.The Customer Register contain a list of all customers currently served by the licensee and include the customer's name and the name of an authorized representative of the customer, any trade name, the address or addresses of service, the billing address, the telephone number, the date on which services commenced, the total charge per month, and such other information as may be specified by Commission directives. (1) The Customer Register contain a list of all customers currently served by the licensee and include the customer's name and the name of an authorized representative of the customer, any trade name, the address or addresses of service, the billing address, the telephone number, the date on which services commenced, the total charge per month, and such other information as may be specified by Commission directives. (2) The Customer Register must state the name of each putrescible solid waste transfer station, nonputrescible solid waste transfer station, or other facility used during the period for which the report is submitted. Such report must also state the total volume or weight and type of designated recyclable materials collected and transported and/or the total combined volume or weight and type of designated recyclable materials and non-designated materials collected and transported to putrescible solid waste transfer stations, non-putrescible solid waste transfer stations, or other facilities during the period for which the report is submitted. (3) A complete and up-to-date Customer Register be filed on January 31 for the period October 1 to December 31; on April 30 for the period January 1 to March 31; on July 31 for the period April 1 to June 30; and on October 31 for the period July 1 to September 30, or as often as ordered by the Commission. In the event that the Commission grants a new license, the newly licensed company must file its first Customer Register to the Commission no later than ninety (90) days after the granting of its license, unless otherwise directed by the Commission. This subdivision applies to companies operating with temporary permission of the Commission, pending decision on their license application.
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TWC-217841
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Office of Administrative Trials and Hearings
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Issued
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Settled
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2019-08-08
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1000
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2019-10-01
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Failed to timely disclose to Commission employee information
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TWC-217842
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Office of Administrative Trials and Hearings
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Issued
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Settled
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2019-08-08
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1000
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2019-10-22
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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.
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TWC-217751
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Office of Administrative Trials and Hearings
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Issued
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Settled
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2019-05-01
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1500
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2019-11-26
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Failure to timely submit complete and accurate customer register
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TWC-214686
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Office of Administrative Trials and Hearings
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Issued
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Settled
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2017-03-21
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350
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2017-03-24
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failure to notify the Commission within ten business days of any material change in the information submitted in the application *(changes in the drivers)
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