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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

ECB has amended its Sanitation Penalty Schedule to create penalties for violations of Local Law 67 of 2014 (“Local Law 67”), which relates to publicly accessible collection bins (typically used for clothing donations). ECB has also created a penalty for violations of 16 RCNY 1-04.2 which prohibits the placement of electronic waste out for solid waste or recycling collection.

 

The Environmental Control Board (“ECB”) held a public hearing on April 14, 2015 regarding amendments to its Sanitation Penalty Schedule and amendments to ECB’s Department of
Buildings Penalty Schedule. The Sanitation Penalty Schedule is found in Section 3-122 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. One representative from the NYC Department of Buildings (“DOB”) and two (2) individuals from the public attended the April 14, 2015 public hearing. No written comments or oral testimony concerning this Proposed Rule were received at the April 14, 2015 public hearing.

           

Publicly Accessible Collection Bins

On December 14, 2014, Intro. Number 409-A of 2014 became a law, designated as Local Law 67, effective March 14, 2015.  Local Law 67 relates to the regulation of publicly accessible collection bins, which are prohibited from being placed on City property, property maintained by the City, or any public sidewalk or roadway. Bins may be placed on private property if the property owner or the property owner’s designated agent provides written permission to the bin owner. Owners of publicly accessible collection bins that operate lawfully on private property are required to place their names, addresses, and telephone numbers on their bins.

 

Local Law 67, effective on March 14, 2015, authorizes DSNY to immediately remove any publicly accessible collection bin placed on public property and to issue violations against owners of illegally placed collection bins.  Further, owners of bins that are lawfully placed on private property will be required to register and file an annual report with DSNY. Additionally, the bin owner and the private property owner will each be responsible for maintaining the bin in a clean and neat condition. Bin owners who fail to comply with these requirements will be liable for civil penalties.

 

The new law defines a subsequent offense as a violation issued to the same respondent within any eighteen-month period.  The rule reflects this definition.

 

Electronic Waste

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 disposal 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.  Specifically, the law means that residents and businesses may no longer place electronic waste, such as computers and cell phones, for example, out for collection with either regular waste or with recyclables.

 

Pursuant to section753oftheNewYorkCityCharter, DSNY is responsibleforthefunctionsand operations of wastedisposal within theCity, andhasauthorityundersections16-118and16-120oftheNewYorkCity AdministrativeCodetoissueviolationstopersonswhoimproperlydisposeofsolidwaste.  In response to the new law, DSNY promulgated a new rule, 16 RCNY 1-04.2, to prohibit electronic waste from being set out for solid waste or recycling collection in New York City.

 

ECB’s authority for these rules is found in Sections 1043(a) and 1049-a of the New York City Charter and Sections 10-169, 16-118, and 16-120 of the New York City Administrative Code.

 

 

Effective Date: 
Sun, 06/21/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, April 14, 2015
Proposed Rules Content: 

Statement of Basis and Purpose

 

ECB is proposing to amend its Sanitation Penalty Schedule to create penalties for violations of Local Law 67 of 2014 (“Local Law 67”), which relates to publicly accessible collection bins (typically used for clothing donations). ECB is also proposing to create a penalty for violations of 16 RCNY 1-04.2 which prohibits the placement of electronic waste out for solid waste or recycling collection.

 

Publicly Accessible Collection Bins

On December 14, 2014, Intro. Number 409-A of 2014 became a law, designated as Local Law 67, which will become effective on March 14, 2015.  Local Law 67 relates to the regulation of publicly accessible collection bins, which are prohibited from being placed on City property, property maintained by the City, or any public sidewalk or roadway. Bins may be placed on private property if the property owner or the property owner’s designated agent provides written permission to the bin owner. Owners of publicly accessible collection bins that operate lawfully on private property are required to place their names, addresses, and telephone numbers on their bins.

 

When Local Law 67 takes effect on March 14, 2015, DSNY will be authorized to immediately remove any publicly accessible collection bin placed on public property and to issue violations against owners of illegally placed collection bins.  Further, owners of bins that are lawfully placed on private property will be required to register and file an annual report with DSNY. Additionally, the bin owner and the private property owner will each be responsible for maintaining the bin in a clean and neat condition. Bin owners who fail to comply with these requirements will be liable for civil penalties.

 

The new law defines a subsequent offense as a violation issued to the same respondent within any eighteen-month period.  The proposed rule reflects this definition.

 

Electronic Waste

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 disposal 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.  Specifically, the law means that residents and businesses may no longer place electronic waste, such as computers and cell phones, for example, out for collection with either regular waste or with recyclables.

 

Pursuant to section753oftheNewYorkCityCharter, DSNY is responsibleforthefunctionsand operations of wastedisposal within theCity, andhasauthorityundersections16-118and16-120oftheNewYorkCity AdministrativeCodetoissueviolationstopersonswhoimproperlydisposeofsolidwaste.  In response to the new law, DSNY promulgated a new rule, 16 RCNY 1-04.2, to prohibit electronic waste from being set out for solid waste or recycling collection in New York City.

 

ECB’s authority for these rules is found in Sections 1043(a) and 1049-a of the New York City Charter and Sections 10-169, 16-118, and 16-120 of the New York City Administrative Code.

 

Subject: 

ECB Proposed Rule concerning the amendment of its Sanitation Penalty Schedule regarding electronic waste and collection bins on public property.

Location: 
NYC Environmental Control Board
66 John Street 10th Floor Conference Room
New York, NY 10038
Contact: 

Elizabeth Nolan at (212) 436-0708 or Jim Macron at (212) 436-0602

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

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

Agency:
Comment By: 
Tuesday, January 13, 2015
Proposed Rules Content: 

The purpose of the proposed 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. Beginning 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 will prohibit 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, Department of Sanitation (“DSNY”) seeks to amend its rules to clarify that it shall be 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 the 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.

Subject: 

DSNY Proposed Rule on Electronic Waste Disposal.

Location: 
3rd Floor Hearing Room
125 Worth Street Room 330
New York, NY 10013
Contact: 

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

Download Copy of Proposed Rule (.pdf):