Proposed Expansion of Organic Waste Source Separation Program

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

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Agency:
Comment By: 
Wednesday, November 20, 2019

Statement of Basis and Purpose of Proposed Rule Food scraps and other organic waste make up more than one-third of all commercial waste in New York City. Diverting this material from landfills to produce soil enhancing compost, or as an energy source through aerobic and anaerobic digesters, is a key component of the City’s goal of sending zero waste to landfills. Under Local Law 146 of 2013, codified in §16-306.1 of the New York City Administrative Code, the Sanitation Commissioner must evaluate, at least annually, whether there exists sufficient regional organic waste processing capacity to require that certain food-generating businesses in the City, or a subset of them, engage in source separation of organic waste and ensure its beneficial use through composting, anaerobic digestion or other process as approved by the Commissioner. DSNY has determined that there is currently sufficient organics processing capacity available to allow for an increase in food waste diversion and thus proposes to apply the requirement to additional large food-generating businesses in the city. These businesses would be required to separate their organic waste for collection and handling either by engaging private carters, transporting organic waste themselves, or managing the waste on-site using in-vessel composting or aerobic or anaerobic digestion systems (subject to compliance with the City’s sewer discharge regulations). A designated covered establishment could also donate food to a third party (such as a charitable organization) that would otherwise be thrown away, sell or donate the food to a farmer for feedstock, or sell or donate meat by-products to a rendering company (one that converts animal fats into lard). Food disposed of through such donations or sales would not be included within the meaning of “organic waste” as defined in DSNY’s existing rules (§ 1-01 of Chapter 1 of Title 16). The proposed amendments to the existing rule provide that the following types of establishments would be “designated covered establishments” and would have to comply with the source separation, storage, labeling and set out requirements for organic waste set forth in Section 1-11 of Title 16 of the Rules of the City of New York (“Section 1-11”): 1) any building or premises where food service establishments having a total combined floor area of at least eight thousand square feet are located and where the owner of the building or premises, or its agent, arranges or contracts with a private carter for the removal of waste from food service establishments having at least eight thousand square feet of such building or premises; 2) a location at which a food preparation establishment has a floor area of at least six thousand square feet; 3) a catering establishment that is required to provide for the removal of waste pursuant to Administrative Code § 16-116 whenever the anticipated attendance for any particular event is greater than one hundred persons; and 4) sponsors of a temporary public event with an anticipated attendance of greater than five hundred persons per day, excluding activities conducted pursuant to a valid permit for filming, demonstration, parade, or block parties. Additionally, the proposed rule would change the criteria regarding certain covered establishments previously designated under Section 1-11 as follows: 1) a food service establishment located in a hotel having at least one hundred sleeping rooms, which would be lowered from the current requirement of one hundred fifty sleeping rooms, in addition to removing the requirement that such food service establishment operate under common ownership or control of such hotel and receive waste collection from the same private carter that services the hotel; 2) a food service establishment that has a floor area space of at least seven thousand square feet, which would be lowered from the current requirement of fifteen thousand feet; 3) a food service establishment that is part of a chain of two or more locations in New York City, which have a combined floor area of at least eight thousand square feet and that (i) operate under common ownership or control; (ii) are individually franchised outlets of a parent business; or (iii) do business under the same corporate name, which would be lowered from the current requirement of a chain of one hundred or more locations in the City; and 4) a retail food store that has a floor area space of at least ten thousand square feet, or any retail food store that is part of a chain of three or more retail food stores that have a combined floor area space of at least ten thousand square feet, which would be lowered from the current requirement of twenty-five thousand square feet, and that operate under common ownership or control and receive waste collection from the same private carter. DSNY’s authority to promulgate these rules is found in New York City Charter §§ 753 and 1043, and Administrative Code § 6-306.1.

Public Hearing
Subject: 

Proposed Expansion of Organic Waste Source Separation Program

Public Hearing Date: 
Wednesday, November 20, 2019 -
9:30am to 12:00pm
Contact: 

You can submit comments to DSNY through the NYC rules website at http://rules.cityofnewyork.us. You can email comments to nycrules@dsny.nyc.gov.
You can mail comments to DSNY, Bureau of Legal Affairs, 125 Worth Street, Room 710, New York, NY 10013. You can fax comments to DSNY at 212-788-3876.

Location: 
Second Floor Auditorium
125 Worth Street 2nd Floor
New York, NY 10013