Publicly Accessible Collection Bins
Proposed Rules: Closed to Comments (View Public Comments Received:1)
Statement of Basis and Purpose of Proposed Rule
Local Law 67 of 2014 (“Local Law 67”) amended §10-169 of the Administrative Code of the City of New York (“Administrative Code”), which authorizes the Department of Sanitation (the “Department”) to regulate publicly accessible collection bins. These amendments of the law were needed to combat the increase in the illegal placement of publicly accessible collection bins throughout the City. Section 10-169 of the Administrative Code prohibits the placement of publicly accessible collection bins on City property, or property maintained by the City, or on any public sidewalk or roadway (“public property”). Bins are allowed on private property if written permission of the property owner or the property owner’s designated agent is received.
The proposed rules:
· require all owners of publicly accessible collection bins placed on private property to register with the Department,
· provide the procedures for such registration,
· require owners of bins to submit an annual report to the Sanitation Commissioner that identifies the weight of the material collected during the reporting period,
· require both the owner of a publicly accessible collection bin that is on private property and the owner of the private property in which the bin is located to maintain the bin in a clean and neat condition,
· set forth a violation for the failure to register, submit an annual report to the Department, or maintain a bin,
· allow the Department to immediately remove a publicly accessible collection bin that is placed on public property and create a process for the owner of the bin to have the bin returned,
· set forth the penalties for the placement of publicly accessible collection bins on public property, and,
· set forth the removal cost and storage rates associated with the removal and storage of a publicly accessible collection bin that is illegally placed on public property.
DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and §10-169 of the New York City Administrative Code.