The customer and carter can negotiate on the billing method to be used. There are two billing methods:
- actual fee method, or
- flat or average fee method.
Actual Fee Billing Method
Under an actual fee billing method, the customer will be billed for the actual amount of waste, either by cubic yard or by weight that the customer puts out for collection by the carter. Each bill will vary depending on the actual amount of waste collected during the billing period. The actual amount of waste collected for the billing period will be multiplied by the negotiated rate.
Flat or Average Fee Billing Method
Under a flat or average fee billing method, the carter averages out the amount of waste, either by cubic yard or by weight, that the customer puts out for collection over a period of time, and multiplies the average amount of waste by the negotiated rate. Each bill is the same every month or week based on the average amount of waste generated. Customers who choose a flat or average fee billing method are entitled to a waste stream survey provided by the carter at no charge to the customer. A waste stream survey determines the average amount of waste that is generated by the customer for which the carter collects and bills the customer.
Whether the actual fee billing method or the flat or average fee billing method is used, a carter can only charge for waste removal services at or below the maximum rates ($15.89 per cubic yard or $10.42 per 100 pounds) established by BIC. A carter cannot charge for the rental of a container or dumpster (except for compactors and roll-off boxes), the BIC decal that identifies the carter that must be conspicuously posted by the customer, fuel cost, waste stream surveys, or any costs not based solely on the amount of waste collected.
Written Invoices, Statements, and Bills
At least once a month, the carter must provide a written statement, invoice, or bill to the customer. The written statement, invoice, or bill must contain:
- the carter’s name, address, telephone number, license number;
- the customer’s name and address;
- a notice that states, “NOTICE TO CUSTOMERS—The maximum rate that may be charged by your trade waste removal business is regulated by the New York City Business Integrity Commission. If you should have a question or complaint concerning waste removal, contact the New York City Business Integrity Commission;”
- the maximum rates ($15.89 per cubic yard or $10.42 per 100 pounds) and a statement indicating that the rates so identified are maximum legal rates and that lower rates may be lawfully charged;
- the negotiated rate per cubic yard or per 100 pounds on which the invoice is based;
- an itemized list of charges detailing the cubic yards or weight of putrescible waste removed and recyclables removed;
- where the customer is being charged on a “flat” or “average” billing basis,
- the total charges for waste removal for the billing period;
- an itemized statement of the estimated volume or weight of the putrescible waste removed and the charge for removal of such waste;
- an itemized statement of the estimated volume or weight, if any, of the recyclable waste removed and the charge for the removal of such waste;
- a statement as to the method by which the estimated volume or weight was determined; and
- a separate statement of sales tax collected.
If the carter is payed in cash, the carter must provide the payor with a written receipt that sets forth the name and address of the carter, the license number of the carter, the date of the payment, the amount of the payment and the identity of the payor. Each receipt must be signed by the carter.