AMENDED NOTICE - Waste Management Plans for Certain Buildings

Proposed Rules: Closed to Comments

Comment By: 
Thursday, May 28, 2020

Statement of Basis and Purpose of Proposed Rule

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 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 submit a building waste management plan for approval by DSNY. Section 1 of the proposed rule would make technical amendments to 16 RCNY 1-02(a) to conform with the new changes. Section 2 of the proposed rule would add a new section 16 RCNY 1-02.2 that would require the submission of a waste management plan to DSNY. Such waste management plan would be required for the following classes of buildings:

• any new multiple dwelling building that contains 150 or more dwelling units; or

• any commercial building that is altered, enlarged or otherwise modified from its original physical design in order to be classified by DOB as a multiple dwelling building that contains 150 or more dwelling units; or

• any commercial building with 50 percent or more of its floor area renovated in order to be classified by DOB as a multiple dwelling building that contains 150 or more dwelling units.

Such waste management plan must be submitted to DSNY in a form prescribed and made available on its website. The plan must include, but not be limited to:

• the name and contact information of the owner of such building, and his or her agent, if applicable;

• the number of dwelling units;

• storage plans for refuse, designated recyclable material, and designated organic waste that could be generated while the building is in operation, ensuring sanitary storage of 150 percent of all the above materials as normally accumulated or generated within the building between any regularly scheduled collection;

• the estimated amount of refuse, designated recyclable material, and organic waste that could be generated if building operates at full capacity;

• a plan to ensure that designated recyclable materials and organic waste that are required to be source separated are kept separate for recycling collection;

• confirmation of compliance with the provisions relating to refuse and recyclable storage space, refuse chute and chute access rooms as required by DOB pursuant to Sections 1213.1, 1213.1.1, 1213.1.1, 1213.2 and 1213.3 of the New York City Building Code;

• confirmation of a waste containerization system, if required pursuant to section 9-11.1 of this title (which is in the process of being promulgated), and in accordance with all specifications as outlined in subchapter B of chapter 9 of Title 16; and

• how and where the material will be placed out for DSNY collection. Such placement must be in accordance with all rules and regulations and may not impede the flow of pedestrian traffic.

A building must submit the waste management plan to DSNY when plans that include design drawings are submitted to DOB. Additionally, DSNY reserves the right to deny collection to any building for the failure to submit a waste management report or for those buildings required to have a waste containerization system for failing to submit a waste containerization plan or for submitting an inadequate plan. DSNY’s authority for these rules is found in section 753 of the New York City Charter and section 16-120 of the New York City Administrative Code.

Public Hearing

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

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

Madelynn Liguori (646) 885-4786

Remote Hearing NY