AMENDED NOTICE - Requirements for Waste Containerization Systems in Certain Buildings

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Thursday, May 28, 2020

Statement of Basis and Purpose

When large, new buildings are designed, there currently is no requirement that such buildings consider waste management planning and incorporate measures for managing the substantial amount of refuse and recyclables generated by residents of such buildings. Curbside placement of piled bags of refuse generated at such buildings for collection by the Department of Sanitation (“DSNY”), given their large size, results in mountains of black bags placed along the curb on the sidewalks, not only obstructing pedestrian flow, but also impacting the quality of life of the surrounding area, especially in the summer months and after delayed collection during the winter months due to  snow.  These bags are also a huge food source for rats.  

The proposed rule would require owners and/or managing agents of certain new residential multiple dwellings to install a waste containerization system for the management of waste generated (unless DSNY determines that collection service through this system is not feasible).

Pursuant to Local Law 56 for the Year 1967, Local Law 11 for the Year 1971, and Chapter 907 of the Laws of 1985, DSNY, the Department of Health and Mental Hygiene (“DOHMH”), and the Department of Housing Preservation and Development (“HPD”) must jointly approve via rule (“Tripartite General Orders”) any new specifications for waste management systems in dwellings.

This jointly drafted proposed rule would amend the existing Tripartite General Orders by requiring owners and/or managing agents of certain new residential multiple dwellings, including commercial buildings that are turned into residential buildings, to install a waste containerization system to manage waste generated at such building unless DSNY determines that collection service through this system is not feasible.      

Specifically, this proposed rule would require the installation of a waste containerization system in:

  • Any new multiple dwelling building that contains 300 or more dwelling units; or
  • Any commercial building that is altered, enlarged or otherwise modified from its original physical design in order to be newly classified by the New York City Department of Buildings (“DOB”) as a multiple dwelling building that contains 300 or more dwelling units; or
  • Any commercial building having 50 percent or more of its floor area renovated in order to be classified by DOB as a multiple dwelling building that contains 300 or more dwelling units.

DSNY also reserves the right to waive this mandatory requirement if it determines such waste containerization system is not operationally feasible at any time for reasons including, but not limited to, one or more of the following: 

  • the vehicle operator for DSNY must be able to drive safely any of its collection vehicles within the boundary lines of any private property that such collection vehicle must access. DSNY reserves the right to require the submission of drawings or plans, including, but not limited to, an auto-turn analysis depicting one of its collection vehicles; or
  • a DSNY collection truck must be able to enter and exit the waste holding area with normal and customary maneuvering by the operator; or
  • DSNY must have the necessary vehicles and equipment to collect the materials placed out for collection by the building through the waste containerization system; or  
  • the area in which such containers are stored, if located on private property, must continually be kept and maintained in good condition and not pose any threat of injury to DSNY workers or damage to its vehicles and equipment during collection; or
  • meeting all specifications outlined in section 17-12 of this subchapter.

 DSNY may deny or suspend collection service to any building required by the proposed rule to have a waste containerization system if all provisions have not been met. 

 In conjunction with section one of this rule, DSNY and HPD will amend their respective provisions of the existing Tripartite General Orders, which can be found in, respectively, Chapter 9 of Title 16 of the Rules of the City of New York and Chapter 27 of Title 28 of the Rules of the City of New York.

 DOHMH’s authority for this rule is found in sections 556 and 1043 of the New York City Charter and section 27-2021 of the New York City Administrative Code.

Public Hearing
Subject: 

To join the hearing, please use the ink in the attached PDF version of the proposed rule.

Public Hearing Date: 
Thursday, May 28, 2020 -
9:30am to 11:00am
Contact: 

Madelynn Liguori (646) 885-4786

Location: 
Remote Hearing NY