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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, October 31, 2017
Proposed Rules Content: 

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 use for soil enhancing compost, or as an energy source in aerobic and anaerobic digesters, is a key component of the City’s goal of sending zero waste to landfills by the year 2030. 

 

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 organics waste processing capacity to require that certain food-generating businesses in the City, or a subset of them, must engage in alternative methods for handling organic waste separated by the businesses. 

 

DSNY determined that there is currently sufficient organics processing capacity available to allow for an increase in food waste diversion, and will expand the existing requirement to additional large food-generating businesses in the city. These businesses will be required to separate their organic waste for collection and handling by their private carters, transport organic waste themselves, or manage it 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 may also donate food that would otherwise be thrown away to a third party, such as a charity, sell or donate the food to a farmer for feedstock, or sell or donate meat by-products to a rendering company, which converts animal fats into lard.  Food disposed of through such donations or sales is not within the meaning of “organic waste” under these proposed rules.

 

The proposed rule provides that the following types of establishments will be “designated covered establishments” and must comply with the source separation, storage, labelling and set out requirements for organic waste set forth under Section 1-11 of Title 16 of the Rules of the City of New York:

 

1)  a food service establishment that has a floor area space of at least seven thousand square feet;

 

2)  a food service establishment that is part of a chain of fifty or more locations in the city of New York 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; and

 

3)  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 and that operate under common ownership or control and receive waste collection from the same private carter.

 

The proposed rules allows for waivers from the requirements under certain circumstances.

 

The proposed rule also clarifies the term “floor area” of an establishment to have the same meaning as defined by the New York City Department of City Planning under Section 12-10 of Chapter 2 of Article 1 of the Zoning Resolution, which is the sum of the gross areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the center lines of walls separating two buildings.

 

The proposed rule also amends the registration requirements for designated covered establishments that provide for a beneficial organic waste use on-site at their premises for some or all of the organic waste they generate. Such designated covered establishments would now have to renew annually their registration of any on-site organic waste processing equipment.

 

Additionally, the term “sign”, as used in the rule, is clarified to include a decal provided to a designated covered establishment by the private carter that collects organic waste from such covered establishment, or a decal issued by the Department of Sanitation when the designated covered establishment manages organic waste on site at its premises.  The area where employees undertake food preparation is also amended to read “employee work area”, but this area does not include break rooms or other areas where employees do not prepare food to be offered for sale by the establishment.      

 

DSNY’s authority for these rules is found in sections 753and 1043of the New York City Charter, and sections 16-306.1 of the New York City Administrative Code.

 

 

Subject: 

DSNY Proposed Rule Relating to the Expansion of Organic Waste Source Separation Requirements for Large Commercial Food Retailers and Food Service Establishments

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

(646) 885-5006

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, April 6, 2017
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

Chapter 6 of Title 66 of the New York City Rules outlines the Industry Ownership Program (the “Program”). This Program provided grants to certain industry groups to pay for eligible expenses in acquiring and renovating a building. Applications must have been submitted by the close of business on April 28, 1989. Therefore, because this Program no longer exists, the Department is proposing to repeal the rules.

Chapter 7 of Title 66 of the New York City Rules outlines the Industrial Security Grant Program (the “Program”). The Program provided grants to eligible industrial businesses to purchase security equipment. This Program no longer exists; therefore, the Department is proposing to repeal the rules.

Chapter 8 of Title 66 of the New York City Rules outlines the Commercial Security Grant Program (the “Program”). The Program provided grants to commercial businesses for the costs of purchasing and installing security equipment. The Program was part of New York City's commercial business retention effort. The program was designed to enable groups of commercial businesses in selected low and moderate income neighborhoods located in designated areas to obtain technical assistance provided by the Department and the New York City Police Department for proven, cost effective crime prevention techniques to reduce burglary, robbery, pilferage, and other threats to property and personal safety within the premises of participating merchants and in areas where participating merchants and other commercial businesses were located. This Program no longer exists; therefore, the Department is proposing to repeal the rules.

Chapter 9 of Title 66 of the New York City Rules outlines the Energy Services pursuant to Local Law No. 49 of 1987 (the “Program”). The Program provided a benefit to electricity redistributors who purchased electricity from a utility or any other person, corporation or other entity and on a metered or unmetered basis, resold or otherwise redistributed for any consideration such electricity to a non-residential energy user. This Program no longer exists; therefore, the Department is proposing to repeal the rules.

Working with the City’s rulemaking agencies, the Law Department, and the Office of Management and Budget, the Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. This proposed rule repeal was identified through this initiative.

Small Business Service’s authority for these rules is found in section 1043 and 1301 of the New York City Charter.

Subject: 

Repeal of Expired Rules

Location: 
Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

 

Businesses in New York City are required to recycle in accordance with the Department of Sanitation’s commercial recycling rules promulgated pursuant to Local Law No. 87 of 1992, which amended §16-306 of the Administrative Code. Private carters, which collect and dispose of putrescible and non-putrescible waste from commercial waste generators, must recycle designated recyclable materials, including paper, cardboard, metal, glass and plastic.

 

These rules revise the City’s current commercial recycling rules to simplify the requirements, and make them easier for businesses to understand.  Currently, not all businesses are required to recycle the same materials.  Eliminating the distinction and applying the same rules for all businesses will facilitate greater recycling participation and make recycling easier for the business community.  In addition, allowing all designated recyclable materials including metal, glass, plastic, paper and cardboard to be placed in the same bag or bin by the business generator (“single stream recycling”) and prohibiting private carters from placing any source separated recyclables material with refuse in the same compartment of a waste hauling truck, will help make commercial recycling easier and can significantly increase the diversion of recyclables.

 

These rules:

 

·       Amend §1-01 by adding, amending and removing relevant definitions;

·       Make technical amendments to §1-02 (collection service), §1-08 (residential recycling) and §1-09 (agency and institutional recycling); 

·       Designate a standard set of recyclable materials that all businesses that receive private-carter collection are required to recycle, including but not limited to, metal, glass, plastic, paper and cardboard, consistent with the requirements for New York City residents;

·       Prohibit the commingling of any designated recyclable materials with solid waste;

·       Allow private carters, in addition to separate pick-up of designated recyclable materials, to utilize single stream collection and recycling or the co-collection of recyclables;

·       Require any generator of private carter collected waste to post a sign identifying: 1) its private carter(s); 2) by type, each designated recyclable material that will be collected by each private carter, and; 3) if such private carter will be utilizing single stream collection and recycling or co-collection of recyclables;

·       Provide implementation and notice requirements for owners, net lessees, or persons-in-charge who arrange for private carter collection, and set forth recycling requirements for their tenants and occupants;

·       Set forth responsibilities of operators of non-putrescible and putrescible solid waste transfer stations; and

·       Provide for the enforcement of such rules in accordance with the New York City Administrative Code.

 

 

 

DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and section 16-306 of the New York City Administrative Code.

Effective Date: 
Mon, 08/01/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Final Rule

 

 

 

Organic waste makes up approximately one-third of the waste generated by food-generating businesses in New York City.  This material can be converted into soil enhancing compost, or used as an energy source in aerobic and anaerobic digesters, but most of it is currently disposed of in landfills outside the City.  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 beginning July 1, 2015, whether there exists sufficient regional organics waste processing capacity to require that certain food-generating businesses in the City, or a sub-set of them, arrange with their private carters to engage in alternative methods for handling organic waste separated by the businesses.  These methods include in-vessel composting, aerobic or anaerobic digestion, or any other method for processing organic waste approved by DSNY rule.  The Department of Environmental Protection may separately promulgate additional rules regulating the use of onsite aerobic and anaerobic digestion equipment.  These rules may include, among other requirements, standards for types of equipment that may be installed. 

 

 

 

Following site visits and surveys of active private organics waste processing facilities in the region and an evaluation of organic waste quantities generated by various food industry sectors in the city, DSNY identifies that there is organics processing capacity available to a limited extent, and will require a subset of food-generating businesses in the city to separate their organic waste for collection and handling by their private carters.  A designated covered establishment may also donate food that would otherwise be thrown away to a third party, such as a charity, sell or donate the food to a farmer for feedstock, or sell or donate meat by-products to a rendering company.  Food disposed of through such donations or sales is not within the meaning of “organic waste” under these rules.

 

 

 

The rules do the following:

 

 

 

·       Amend §1-01 by adding new definitions to effectuate the purpose of the rules;

 

·       Provide that the following types of establishments will be “designated covered establishments” and must comply with the requirements set forth in the rules:

 

o   Any arena or stadium that has a seating capacity of at least 15,000

 

o   Any food service establishment that is located in a hotel with at least 150 sleeping rooms, is under common control with such hotel, and receives waste collection from the same private carter as such hotel

 

o   Any food manufacturer that has a floor area of at least 25,000 square feet

 

o   Any food wholesaler that has a floor area of at least 20,000 square feet

 

·       Require designated covered establishments to source separate their organic waste and arrange for proper processing of this material through collection by a private carter licensed by the New York City Business Integrity Commission (BIC), or alternatively, by registering with BIC and transporting their own organic waste for proper processing;

 

·       Allow covered establishments to separately donate their organic waste to a third party, donate or sell organic waste to a farmer for feedstock, and donate or sell meat by-products to a rendering company; 

 

·       Prohibit the commingling of organic waste with designated recyclable material or solid waste;

 

·       Require the storage and set-out at the curb of organic waste in one or more containers that have a lid and latch, which must be closed and latched when they are set out for collection by a private carter;

 

·       Require designated covered establishment to post signs identifying their private carters that will collected source separate organic waste;

 

·       Set forth requirements for designated covered establishments that choose to process their organic waste on-site;

 

·       Require designated covered establishments to post instructions for their employees on how to properly source separate organic waste;   

 

·       Set forth reporting responsibilities of operators of putrescible solid waste transfer stations authorized by the New York State Department of Environmental Conservation to receive source-separated organic waste; and

 

·       Provide for the enforcement of such rules in accordance with the New York City Administrative Code.

 

 

 

 

 

DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and section 16-306.1 of the New York City Administrative Code.

 

Effective Date: 
Mon, 01/18/2016

Proposed Rules: Closed to Comments (View Public Comments Received:5)

Agency:
Comment By: 
Thursday, October 22, 2015
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

 

 

 

Businesses in New York City are required to recycle in accordance with the Department of Sanitation’s commercial recycling rules promulgated pursuant to Local Law No. 87 of 1992, which amended §16-306 of the Administrative Code. Private carters, which collect and dispose of putrescible and non-putrescible waste from commercial waste generators in New York City, must recycle designated recyclable materials, including paper, cardboard, metal, glass and plastic.

 

 

 

The proposed rules would revise the City’s current commercial recycling rules to simplify the requirements, which would make them more understandable for businesses and easier to follow.  Currently, certain types of businesses are required to recycle different materials than other types of businesses.  Eliminating the distinction between businesses types and applying the same rules for all businesses will facilitate greater recycling participation and make recycling easier for businesses.  In addition, allowing single stream collection and recycling (when all designated recyclable metal, glass, plastic and paper are placed in the same bags or bins by a business), and co-collection of recyclables (when all designated recyclable metal, glass and plastic is source separated from designated paper by the business, but a private carter places the source separated materials into the same compartment of a waste hauling truck), will help make commercial recycling easier to manage and can significantly increase diversion of recyclables from landfills. 

 

 

 

The proposed rules:

 

 

 

·       Amend §1-01 by adding, amending and removing relevant definitions;

 

·       Make technical amendments to §1-02 (collection service), §1-08 (residential recycling) and §1-09 (agency and institutional recycling); 

 

·       Designate a number of recyclable materials, including, but not limited to, metal, glass, plastic,  and paper, to the list of items that businesses that receive private-carter collection are required to recycle;

 

·       Prohibit the commingling of any designated recyclable materials with solid waste;

 

·       Allow private carters, in addition to separate pick-up of designated recyclable materials, to utilize single stream collection and recycling or the co-collection of recyclables;

 

·       Require any generator of private carter collected waste to post a sign identifying: 1) its private carter(s); 2) by type, each designated recyclable material that will be collected by each private carter, and; 3) if such private carter will be utilizing single stream collection and recycling or co-collection of recyclables;

 

·       Provide implementation and notice requirements for owners, net lessees, or persons-in-charge who arrange for private carter collection, and set forth recycling requirements for their tenants and occupants;

 

·       Set forth responsibilities of operators of non-putrescible and putrescible solid waste transfer stations; and

 

·       Provide for the enforcement of such rules in accordance with the New York City Administrative Code.

 

 

 

 

 

 

 

 

 

DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and section 16-306 of the New York City Administrative Code.

 

 

Subject: 

Source Separation and Recycling Requirements for Entities that Receive Private Carter Collection

Location: 
DSNY Headquarters
125 Worth Street 2nd Floor Auditorium
New York, NY 10013
Contact: 

Madelynn Liguori, Associate Counsel, (646) 885-4786

Proposed Rules: Closed to Comments (View Public Comments Received:3)

Agency:
Comment By: 
Monday, October 5, 2015
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

 

 

 

Organic waste makes up approximately one-third of the waste generated by food-generating businesses in New York City.  This material can be converted into soil enhancing compost, or used as an energy source in aerobic and anaerobic digesters, but most of it is currently disposed of in landfills outside the City.  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 beginning July 1, 2015, whether there exists sufficient regional organics waste processing capacity to require that certain food-generating businesses in the City, or a sub-set of them, arrange with their private carters to engage in alternative methods for handling organic waste separated by the businesses.  These methods include in-vessel composting, aerobic or anaerobic digestion, or any other method for processing organic waste approved by DSNY rule.  The Department of Environmental Protection will separately promulgate additional rules regulating the use of onsite aerobic and anaerobic digestion equipment.

 

 

 

Following site visits and surveys of active private organics waste processing facilities in the region and an evaluation of organic waste quantities generated by various food industry sectors in the city, DSNY identifies that there is organics processing capacity available to a limited extent, and will require a subset of food-generating businesses in the city to separate their organic waste for collection and handling by their private carters.  A designated covered establishment may also donate food that would otherwise be thrown away to a third party, such as a charity, sell or donate the food to a farmer for feedstock, or sell or donate meat by-products to a rendering company.  Food disposed of through such donations or sales is not within the meaning of “organic waste” under these proposed rules.

 

 

 

The proposed rules:

 

 

 

·       Amend §1-01 by adding new definitions to effectuate the purpose of the rule;

 

·       Provides that the following types of establishments will be “designated covered establishments” and must comply with the requirements set forth in the rule:

 

o   Any arena or stadium that has a seating capacity of at least 15,000

 

o   Any food service establishment that is located in a hotel with at least 150 sleeping rooms, is under common control with such hotel, and receives waste collection from the same private carter as such hotel

 

o   Any food manufacturer that has a floor area of at least 25,000 square feet

 

o   Any food wholesaler that has a floor area of at least 20,000 square feet

 

·       Requires designated covered establishments to source separate their organic waste and arrange for proper processing of this material through collection by a private carter licensed by the New York City Business Integrity Commission (BIC), or alternatively, by registering with BIC and transporting their own organic waste for proper processing;

 

·       Allows covered establishments to separately donate their organic waste to a third party, donate or sell organic waste to a farmer for feedstock, and donate or sell meat by-products to a rendering company; 

 

·       Prohibits the commingling of organic waste with designated recyclable material or solid waste;

 

·       Requires the storage and set-out at the curb of organic waste in one or more containers that have a lid and latch, which must be closed and latched when they are set out for collection by a private carter;

 

·       Requires a designated covered establishment to post a sign identifying its private carter that will collected source separate organic waste;

 

·       Sets forth requirements for designated covered establishments that choose to process their organic waste on-site;

 

·       Requires designated covered establishments to post instructions for their employees and customers on how to properly source separate organic waste;   

 

·       Sets forth reporting responsibilities of operators of putrescible solid waste transfer stations authorized by the New York State Department of Environmental Conservation to receive source-separated organic waste; and

 

·       Provides for the enforcement of such rules in accordance with the New York City Administrative Code.

 

 

 

 

 

DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and section 16-306.1 of the New York City Administrative Code.

 

Subject: 

DSNY Proposed Rule Governing Source Separation and Handling Requirements for Commercial Organic Waste by Certain Covered Establishments

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

Madelynn Liguori (646) 885-4786

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Rule

 

 

 

            Section 16-120 of the New York City Administrative Code requires that all refuse and recycling be kept inside a building or at the rear of a building prior to collection time by the Department of Sanitation (DSNY) or a private carter.  These rules specify how long before scheduled collection receptacles and bags containing refuse and recyclables may be placed at the curb for collection.

 

            Collection by DSNY

 

            Persons receiving DSNY collection will now be allowed to place their receptacles and bags containing solid waste and recyclables at the curb for collection by DSNY no earlier than 4:00 P.M. on the day before their scheduled collection.  

 

Collection by Private Carter while an Establishment is Closed

 

Commercial establishments that receive collection from a private carter after the establishment is closed will be permitted to set out their solid waste and recyclables at the curb for collection within one hour of closing provided that the establishment’s scheduled collection occurs before the establishment next reopens for business.   

 

Collection by Private Carter while an Establishment is Open

 

Commercial establishments receiving collection from a private carter during hours in which the establishment is open can set out their solid waste and recyclables at the curb for collection no earlier than two hours before the scheduled collection time.

 

DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and section 16-120 of the New York City Administrative Code.

 

Effective Date: 
Sun, 02/15/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, January 6, 2015
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

            Section 16-120 of the New York City Administrative Code requires that all refuse and recycling be kept inside a building or at the rear of a building prior to collection time by the Department of Sanitation (DSNY) or a private carter.  These rules specify how long before scheduled collection receptacles and bags containing refuse and recyclables may be placed at the curb for collection.

            Collection by DSNY

            Persons receiving DSNY collection will now be allowed to place their receptacles and bags containing solid waste and recyclables at the curb for collection by DSNY no earlier than 4:00 P.M. on the day before their scheduled collection.  

Collection by Private Carter while an Establishment is Closed

Commercial establishments that receive collection from a private carter after the establishment is closed will be permitted to set out their solid waste and recyclables at the curb for collection within one hour of closing provided that the establishment’s scheduled collection occurs before the establishment next reopens for business.   

Collection by Private Carter while an Establishment is Open

Commercial establishments receiving collection from a private carter during hours in which the establishment is open can set out their solid waste and recyclables at the curb for collection no earlier than two hours before the scheduled collection time.

 

DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and section 16-120 of the New York City Administrative Code.

Subject: 

.DSNY Proposed Rules Regarding Time for Placing Solid Waste for Collection

Location: 
DSNY Headquarters
125 Worth Street Room 819
New York , NY 10013
Contact: 

Madelynn Liguori (646) 885-4786
mliguori@dsny.nyc.gov