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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: 

Local Law 69 of 2013 makes original equipment manufacturers (“OEMs”), as defined by the law, responsible for the lawful recovery of refrigerants from their refrigerant-containing appliances when those appliances are discarded by residents.  Local Law 69 was enacted in August 2013.  Subsequently, a lawsuit challenging the validity of Local Law 69 was brought against the City of New York.  As a result of the settlement of this lawsuit, the Department of Sanitation (DSNY) has adopted the following amendments to Chapter 17 of Title 16 of the Rules of the City of New York.   

Specifically, the amendments: 

  • Add certain new definitions and clarify existing defined terms; 
  • use the term “responsible party,” defined as a brand owner or manufacturer, in place of the term “original equipment manufacturer”;
  •  clarify the responsibilities of a responsible party;
  • place additional requirements on the DSNY with regard to the information that must be contained in the biannual bill sent to a responsible party;
  •  establish a process by which a responsible party can challenge the biannual bill issued by the department;
  • state that it will be a violation, punishable by a fine of $500, for any responsible party to dispose of a refrigerant-containing appliance without arranging for the lawful recovery of the appliance’s refrigerants, as provided by Local Law 69; and
  • state that enforcement proceedings may be brought as civil actions or in a proceeding before the Environmental Control Board.  

 DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and section 16-485 of the New York City Administrative Code.   

Effective Date: 
Fri, 04/10/2015

Adopted Rules: Closed to Comments

Adopted Rules Content: 

The purpose of the rule is to prohibit electronic waste from being set out for solid waste or recycling collection in New York City and to establish that it will be a violation for electronic waste to be placed out for solid waste or recycling collection.

As of January 1, 2015, the New York State Electronic Equipment Recycling and Reuse Act (Chapter 99 of the laws of 2010, codified as Title 26 of Article 27 of the Environmental Conservation Law) prohibits persons from disposing of electronic waste as solid waste in the State of New York.  This act prohibits electronic waste from being placed or disposed of in any solid waste management facility, or being placed out for collection for disposal at a solid waste management facility or hazardous waste management facility in the state of New York. Therefore, the Department of Sanitation (“DSNY”) is amending its rules to clarify that it is a violation for any person to place electronic waste out for solid waste or recycling collection.           

Pursuant to section 753 of the New York City Charter, the Commissioner of DSNY is charged with responsibility for the functions and operations of the City related to waste disposal. Section 1043 of the New York City Charter authorizes agencies to adopt rules necessary to carry out the duties delegated to them by law. Additionally, DSNY has authority under sections 16-118 and 16-120 of the New York City Administrative Code to issue violations to persons who improperly dispose of solid waste. 

To further clarify the responsibilities placed upon persons placing electronic waste out for collection by a private carter, DSNY added definitions of hazardous waste management facility and solid waste management facility to the final rule.  

Effective Date: 
Fri, 03/20/2015

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of 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. 

 

 

This rule:

·         requires all owners of publicly accessible collection bins placed on private property to register with the Department,

·         provides the procedures for such registration,

·         requires owners of bins to submit an annual report to the Sanitation Commissioner that identifies the weight of the material collected during the reporting period,

·         requires 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,

·         sets forth a violation for the failure to register, submit an annual report to the Department, or maintain a bin,

·         allows the Department to immediately remove a publicly accessible collection bin that is placed on public property and creates a process for the owner of the bin to have the bin returned,

·         sets forth the  penalties for the placement of publicly accessible collection bins on public property, and,

·         sets 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.

Effective Date: 
Sat, 03/07/2015

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

Agency:
Comment By: 
Friday, February 27, 2015
Proposed Rules Content: 

Local Law 69 of 2013 makes original equipment manufacturers (“OEMs”), as defined by the law, responsible for the lawful recovery of refrigerants from their refrigerant-containing appliances when those appliances are discarded by residents. Local Law 69 was enacted in August 2013. Subsequently, a lawsuit challenging the validity of Local Law 69 was brought against the City of New York. As a result of the settlement of this lawsuit, the City proposes the following amendments to Chapter 17 of Title 16 of the Rules of the City of New York. Specifically, the proposed rule amendments: • Add certain new definitions and clarify existing defined terms; • use the term “responsible party,” defined as a brand owner or manufacturer, in place of the term “original equipment manufacturer”; • clarify the responsibilities of a responsible party; • place additional requirements on the Department of Sanitation (DSNY) with regards to the information that must be contained in the biannual bill sent to a responsible party; • establish a process by which a responsible party can challenge the biannual bill issued by the department; • state that it will be a violation, punishable by a fine of $500, for any responsible party to dispose of a refrigerant-containing appliance without arranging for the lawful recovery of the appliance’s refrigerants, as provided by Local Law 69; and • state that enforcement proceedings may be brought as civil actions or in a proceeding before the Environmental Control Board. DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and section 16-485 of the New York City Administrative Code.

Subject: 

Proposed Amendments to Rules Governing the Recovery of Refrigerants

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

Ellen Cooper
(646) 885-4989
ecooper@dsny.nyc.gov

Download Copy of Proposed Rule (.pdf): 

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 (View Public Comments Received:1)

Agency:
Comment By: 
Tuesday, January 20, 2015
Proposed Rules Content: 

 

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.

 

Subject: 

.Publicly Accessible Collection Bins

Location: 
Third Floor Hearing Room (Room 330)
125 Worth Street
New York, NY 10013
Contact: 

Madelynn Liguori (646) 885-4786

Download Copy of Proposed Rule (.pdf): 

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