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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, January 13, 2020
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule Each year in New York City, more than 100,000 commercial establishments generate more than 3 million tons of refuse and recyclables. Approximately 90 private carters collect this waste from commercial establishments across the City. The current system for collecting commercial waste from the City’s businesses has been plagued by dangerous driving and insufficient attention to public safety, harmful environmental impacts, and poor customer service. Since 2010, private waste collection trucks have killed at least 28 people on New York City streets. In some parts of the city, more than 50 carters service a single neighborhood, and an individual commercial block may see dozens of different private waste collection trucks on a given night. This has resulted in millions of excess truck miles driven every year that harm the City’s air quality, increase greenhouse gas emissions, create noise pollution and negatively impact public health. Additionally, the industry has lacked strong customer service standards, and pricing has remained unclear and confusing to most customers, putting small businesses at a significant disadvantage. In response to these documented problems in the commercial waste collection industry, the Department released a comprehensive plan for reforming the private carting industry in November 2018 (“the Plan”), available at http://www.nyc.gov/commercialwaste. The Plan proposed the establishment of commercial waste zones - a safe and efficient collection system to provide high quality, low cost service to New York City businesses while advancing the City’s zero waste and sustainability goals. The Department developed this plan after years of extensive public outreach and engagement with a wide variety of stakeholders. On November 20, 2019, Local Law number 199 for the year 2019 was enacted, which authorizes the Department to create a commercial waste zones system. Under Local Law 199, codified in Title 16-B of the New York City Administrative Code, the Sanitation Commissioner must divide the geographic area of New York City into at least 20 “commercial waste zones.” This proposed rule describes the 20 zones designated by the Commissioner and provides a map. The zone map described here largely reflects the zone map described in the Plan, with a few differences. While the Plan assumed that certain zones in Manhattan would have up to five carters operating, Local Law number 199 authorizes up to three carters per zone. Accordingly, the Department made some adjustments to reflect this change, taking into consideration the number of customers and the average tonnage of waste per contract and per zone. First, this proposed map divides lower Manhattan into two zones. It also consolidates three Brooklyn zones described in the Plan into two zones. Finally, this proposed map includes geographic areas of the City that are not assigned to community districts, such as Central Park, which were not included in the map described in the Plan. The following is a map of the zones described in this proposed rule. In this map, the numbers refer to either community districts or “Joint Interest Areas,” or “JIAs” which denote geographic areas of the City identified by the Department of City Planning that are not assigned to community districts, as described on the Department of City Planning webpage: https://www1.nyc.gov/site/planning/community/jias-sources.page. The colors denote the different commercial waste zones, which are labeled with the zone names. This is the first of several rules that the Department intends to propose to implement the program. Thereafter, the Department will use a competitive procurement process to select up to three private carters to service businesses within each commercial waste zone. The competitive solicitation process will also be used to select up to five carters to provide containerized commercial waste collection services citywide. This process will identify the carters that can provide high quality service at low prices. The resulting contracts will include standards for pricing, customer service, safety, environmental health, and requirements to promote the City’s commitment to recycling and sustainability. Commercial waste zones will apply to the collection of commercial refuse, recyclables, and source-separated organic waste. It will exclude specialized or intermittent waste streams, such as construction and demolition debris, medical waste, hazardous waste and other types of waste that will continue to be collected and managed under existing City and State regulations. Under the new commercial waste zones system, instead of dozens of different carters operating in a City neighborhood on a given night, only a few carters will operate in each area. With fewer trucks on the streets and shorter routes, zoned collection will also mean improved traffic and air quality and less unsafe driving behavior and worker fatigue. Citywide, the adoption of the commercial waste zones system will dramatically reduce truck traffic associated with this industry by 50 percent. This system will improve the quality of life of all New Yorkers, serve the needs of the City’s local businesses, and support the City’s short and long-term goals for a cleaner, safer, and more sustainable city. DSNY’s authority to promulgate these rules is found in New York City Charter §§ 753 and 1043, and Administrative Code § 16-1001.

Subject: 

.Designation of Commercial Waste Zones

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

(646) 885-5006

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

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