Customer Information

Customer Bill of Rights
Contracts
Billing
Written Invoices, Statements and Bills

Every commercial establishment is required by law to have its putrescible waste and recyclables picked up by a Business Integrity Commission (BIC) licensed hauler. There are hundreds of carters licensed by BIC that can legally collect putrescible waste and recyclables from commercial establishments in NYC.

Before deciding on a carter, BIC strongly recommends that you obtain price quotes from several different companies. A commercial establishment using a carter must prominently display a BIC decal identifying the carter that is serving the establishment. The decal is provided by the carter free of charge. Unless permitted by BIC, a carter cannot refuse to service a business if it already services another customer located within a 10-block area.

BIC also registers companies that remove waste resulting from building demolition, construction, alteration or excavation, and landscaping.

Customer Bill of Rights

You have the right to:

  • Service from a carter of your choice, free from intimidation or reprisal.
  • A competitive price for waste-removal that is at or below the maximum rate set by the BIC.
  • A written survey of your business' waste stream from any carter that proposes to charge you a "flat fee."
  • A waste-removal contract that does not commit you to a particular carter or to a particular price for more than two years.
  • A written contract that clearly describes the agreement that you negotiated with your carter.
  • Service on the days and at the times agreed to by your carter in the contract.
  • Consistent, uninterrupted service, with 14 days written notice if service is to be terminated by your carter for any reason.
  • Written bills that conform to the rate in your contract and comply with the maximum rate set by the Business Integrity Commission.
  • A clean sidewalk, curb, and street adjoining your property, free of any debris that may result from waste-removal.

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Contracts

A customer may utilize an oral or written contract: Please note the following differences between oral and written contracts:

Oral Contracts

  • An oral contract may be terminated at will by the customer.
  • An oral contract may be terminated upon 14 days written notice by the carter.

Written Contracts

  • A written contract for the removal, collection, or disposal of trade waste cannot be longer than 2 years.
  • A written contract that contains no provision regarding duration can be terminated at will by the customer.
  • A written contract that contains no provision regarding duration can be terminated upon 14 days written notice by the carter.
  • The carter must offer a copy of the contract containing the terms and conditions to the customer within 40 days of the start of the waste-removal service.
  • The customer has the right to negotiate any terms and conditions in the contract before signing.
  • Any changes to the terms of the written contract must be made in writing and signed by both the customer and the carter.

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Billing

Customers and carters have a choice of either an actual fee or flat/average billing method. The customer and carter can negotiate on the billing method to be used.

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 / 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/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.

Additional Charges

A carter cannot charge for any service for which the cost is not based solely on the amount of waste collected. In addition, they cannot charge for:

  • The rental of a container or dumpster (except for compactors and roll-off boxes)
  • The BIC decal that identifies the carter servicing the customer
  • Fuel costs
  • Waste stream surveys

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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 and 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 and a statement indicating that the rates 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
  • Whether 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
  • A separate statement of sales tax collected

If the carter is paid in cash, the carter must provide the payer 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 payer. Each receipt must be signed by the carter.

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