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Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Rule

 


Businesses, also known as commercial establishments, in New York City are required to recycle in accordance with the Department of Sanitation’s (“DSNY”) commercial recycling rules creating following the passage of Local Law No. 87 of 1992, which amended §16-306 of the Administrative Code (“the Code”).  BIC regulates private carters who collect and dispose of putrescible (commonly referred to as “garbage”) and non-putrescible (commonly referred to as “recyclables”) waste from commercial establishments in New York City that must recycle designated recyclable materials, including paper, cardboard, metal, glass and plastic.

 

On February 5, 2016, DSNY published in the City Record the adopted rules, which revised the City’s current commercial recycling rules to simplify the requirements, which makes them more understandable for businesses and easier to follow. Prior to the adopted rules, certain types of businesses were required to recycle different materials than other types of businesses.  Under the new rules, 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.

 

On December 18, 2015, DSNY published in the City Record adopted rules governing organic waste generated by commercial establishments.  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 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 subset of them, arrange with their private carters to engage in alternative methods for handling organic waste separated by the businesses. 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 identified 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.

 

As a result of the two adopted rules recently enacted by DSNY amending Chapter 1 of Title 16 of the Rules of the City of New York by adding a new Section 1-11 relating to the handling of organic waste generated by certain commercial establishments, and repealing and adding a new Section 1-10 of Chapter 1 of Title 16 of the Rules of the City of New York, relating to the recycling of private carter collected waste, BIC’s rules must reflect these changes.  Therefore, BIC is adopting rules detailing procedures that private carters must follow when they provide refuse, recycling and organic waste collection to the commercial establishments. 

Effective Date: 
Sat, 08/06/2016

Proposed Rules: Closed to Comments (View Public Comments Received:2)

Agency:
Comment By: 
Friday, June 3, 2016
Proposed Rules Content: 

 

 

 

Statement of Basis and Purpose of Proposed Rule

 

Businesses, also known as commercial establishments, in New York City are required to recycle in accordance with the Department of Sanitation’s (“DSNY”) commercial recycling rules creating following the passage of Local Law No. 87 of 1992, which amended §16-306 of the Administrative Code (“the Code”).  BIC regulates private carters who collect and dispose of putrescible (commonly referred to as “garbage”) and non-putrescible (commonly referred to as “recyclables”) waste from commercial establishments in New York City that must recycle designated recyclable materials, including paper, cardboard, metal, glass and plastic.

 

On February 5, 2016, DSNY published in the City Record the adopted rules, which revised the City’s current commercial recycling rules to simplify the requirements, which makes them more understandable for businesses and easier to follow. Prior to the adopted rules, certain types of businesses were required to recycle different materials than other types of businesses.  Under the new rules, 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.

 

On December 18, 2015, DSNY published in the City Record adopted rules governing organic waste generated by commercial establishments.  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 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. 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 identified 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.

 

As a result of the two adopted rules recently enacted by DSNY amending Chapter 1 of Title 16 of the Rules of the City of New York by adding a new Section 1-11 relating to the handling of organic waste generated by certain commercial establishments, and repealing and adding a new Section 1-10 of Chapter 1 of Title 16 of the Rules of the City of New York, relating to the recycling of private carter collected waste, BIC’s rules must reflect these changes.  Therefore, BIC is proposing rules detailing procedures that private carters must follow when they provide refuse, recycling and organic waste collection to the commercial establishments.

 

Subject: 

Notice of Public Hearing and Opportunity to Comment on Proposed Rules

Location: 
100 Church Street 2nd Floor, conference room number 2-160A
New York, NY 10007
Contact: 

Salvador Arrona sarrona@bic.nyc.gov

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

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