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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, March 13, 2018
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 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.

Under Local Law 146 of 2013, codified in § 16-306.1 of the 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 businesses.

If based on its annual evaluation, DSNY determines that there is sufficient organics processing capacity available to allow for an increase in food waste diversion, DSNY may expand existing requirements to include more large food-generating businesses in the city, known as “designated covered establishments”.  In 2017, DSNY determined that there is currently sufficient organics processing capacity available to allow for an increase in food waste diversion, and, through its own rulemaking, will expand the existing requirement to additional large food-generating businesses in the city.

Businesses added by the new DSNY requirements must separate their organic waste for collection and handling by their private carters (which BIC regulates), 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).

The proposed rule also includes some plain language revisions.  

DSNY’s rules regarding the definition of “designated covered establishments” is set forth under § 1-11 of Chapter 1 of Title 16 of the Rules of the City of New York.

The proposed BIC rule reflects the proposed DSNY rule regarding the definition of “designated covered establishment.”

Additionally, BIC proposes to amend the rules regarding requirements for containers and decals that may be provided by licensees to designated covered establishments.

BIC’s authority for these rules is found in sections 1043(a) and 2101(b) of the New York City Charter.

Subject: 

Business Integrity Commission - Public Hearing
Organic Waste Source Separation Requirements for Private Carters

Location: 
100 Church Street 2nd Floor, Conference Room Number 2-160C
New York, NY 10007
Contact: 

Salvador Arrona at sarrona@bic.nyc.gov

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 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: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 Final Rule

 

On October 2, 2013, Mayor Bloomberg signed into law Intro 1107-A, which became Local Law 77 of 2013 (Local Law 77), in relation to the collection of food waste. Specifically, this law codified the Department of Sanitation’s (DSNY) organic waste collection pilot program and made several technical amendments to section16-308 of the New York City Administrative Code. 

The ECB held a public hearing on June 11, 2014 regarding amendments to its Sanitation Penalty Schedule found in Section 3-122 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York relating to organic waste recycling.   Neither written comments nor oral testimony were presented at the June 11, 2014 public hearing concerning the proposed rule regarding amendments to its Sanitation Penalty Schedule.

Several subdivisions of section 16-308 that DSNY currently enforces were relettered.  These sections relate to a city yard waste collection program. The rule amends ECB’s Sanitation Penalty Schedule to reflect the relettering of subdivisions of section 16-308 by Local Law 77. The penalties for these violations remain unchanged.

The former subdivision (e) of section 16-308 of the Administrative Code establishes requirements related to the manner in which yard waste should be set out for collection by DSNY. Local Law 77 relettered subdivision (e) as subdivision (f).

The former subdivision (f) of section 16-308 of the Administrative Code, establishes requirements applicable to business that generate yard waste. Local Law 77 relettered subdivision (f) as subdivision (g).

ECB’s authority for these rules is also found in section 1049-a of the New York City Charter.

 

 

Effective Date: 
Sun, 08/10/2014

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, June 11, 2014
Proposed Rules Content: 

Statement of Basis and Purpose

 

On October 2, 2013, Mayor Bloomberg signed into law Intro 1107-A, which became Local Law 77 of 2013 (Local Law 77), in relation to the collection of food waste. Specifically, this law codified the Department of Sanitation’s (DSNY) organic waste collection pilot program and made several technical amendments to section16-308 of the New York City Administrative Code. 

Several subdivisions of section 16-308 that DSNY currently enforces were relettered.  These sections relate to a city yard waste collection program. This proposed rule amends ECB’s Sanitation Penalty Schedule to reflect the relettering of subdivisions of section 16-308 by Local Law 77. The penalties for these violations remain unchanged.

The former subdivision (e) of section 16-308 of the Administrative Code establishes requirements related to the manner in which yard waste should be set out for collection by DSNY. Local Law 77 relettered subdivision (e) as subdivision (f).

The former subdivision (f) of section 16-308 of the Administrative Code, establishes requirements applicable to business that generate yard waste. Local Law 77 relettered subdivision (f) as subdivision (g).

ECB’s authority for these rules is also found in section 1049-a of the New York City Charter.

 

 

Subject: 

ECB Proposed Rule regarding amendments to its Sanitation Penalty Schedule concerning organic waste recycling. The proposed rule amends ECB's sanitation Penalty Schedule to reflect the relettering of certain subdivisions of section 16-308 of the New York City Administrative Code by Local Law 77 of 2013.

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

James Macron at (212) 436-0594 and Elizabeth Nolan at (212) 436-0592