Amendment of DSNY Penalty Schedule (Scavenging and Theft of Recycling)
Proposed Rules: Closed to Comments
Statement of Basis and Purpose
On August 12, 2013, Mayor Bloomberg signed Local Law No. 56 for the year 2013. This law repeals the prior theft of recycling laws and enhances the City’s enforcement of the scavenging law by punishing those who unlawfully take City property or recyclables for their own financial gain.
Specifically, Local Law No. 56 amends the City’s recycling law by requiring a written agreement between a building owner and a private recyclables collector prior to the removal of recyclables. This law also requires any building with four or more residential units or occupied by a City agency that receives DSNY collection and is in need of supplemental collection to first request supplemental collection from DSNY before entering into any additional agreements.
Additionally, there has been an increase in the theft of recyclable material containing refrigerants, which often results in harmful CFCs being released into the air. Local Law No. 56 makes it unlawful to remove a refrigerant-containing item or Department-marked item that has been placed out by the owner for DSNY collection, and allows the City to issue penalties against those who remove, transport, and receive unlawfully taken materials. Finally, Local Law No. 56 creates a citizen reward program for persons who report unlawful scavenging activities that lead to a conviction. Notices of Violation issued as a result of a citizen complaint will be based on an affidavit filed by the citizen.
This proposed rule adds new definitions and new penalty amounts in ECB’s DSNY penalty schedule to comply with Local Law No. 56. For tracking purposes, the rule contains different categories for actions commenced based on the observation of a DSNY employee and those commenced based on a citizen affidavit (marked “Affidavit” in the penalty schedule).
The penalty provisions in Local Law No. 56 are codified in Sections 16-118 and 16-464 of the Administrative Code of the City of New York. The new penalties added by Local Law No. 56 in section 16-464 are flat penalties, and the statute does not provide a range for each charge. Solely for the convenience of the public, ECB is including these charges and accompanying head notes in its penalty schedule to ensure that ECB’s Penalty Schedules are as comprehensive as possible.
ECB’s authority for these rules is also found in section 1049-a of the New York City Charter.