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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose

Local Law 69 of 2013 makes original equipment manufacturers (“OEMs”) responsible for the lawful recovery of refrigerants from their refrigerant-containing appliances when their appliances are discarded by residents. Despite this requirement, the Department will continue to provide its own refrigerant removal program in which OEMs can participate for a fee. OEMs can also choose to establish their own recovery program or participate with other OEMs in a refrigerant recovery program. The fee imposed by this rule will allow the Department to recover a portion of the program costs incurred through servicing OEMs’ appliances. The purpose of the rule is to carry out the requirements of Local Law 69 of 2013 by establishing the requirements for OEMs’ refrigerant recovery programs for appliances that are being disposed of by “residential generators” in the city of New York. “Residential generators” are any person, entity, agency, or institution in the city of New York that receives solid waste or recycling collection service from the department. Specifically, the rule: • Establishes the registration requirements for OEMs of refrigerant-containing appliances, • Requires that OEMs indicate whether they plan to establish their own refrigerant recovery program, participate with other OEMs in a refrigerant recovery program, or have their appliances serviced by the Department’s refrigerant recovery program, • Establishes the fee that an OEM must pay if refrigerant is removed from an OEM’s appliance by the department, • Establishes annual reporting requirements for any OEM who establishes its own refrigerant recovery program or participates with OEMs in a refrigerant recovery program, and, • Establishes violations and fines for failure to comply with certain requirements of the rule. 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. This rule also repeals the current Chapter 17 of Title 16 of the Rules of the City of New York, which relates to the collection, recycling and reuse of electronic equipment, because the local laws that authorized Chapter 17, Local Laws 13 and 21 of 2008, were preempted by New York State law through Chapter 99 of 2010. DSNY’s authority for this repeal is found in sections 753 and 1043(a) of the New York City Charter. After careful consideration of all public comments regarding this rule, DSNY decided to modify the rule in order to clarify the information that DSNY will include, if practicable, in the biannual bill that it sends to OEMs.

Effective Date: 
Sun, 06/01/2014

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, February 13, 2014
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Local Law 69 of 2013 makes original equipment manufacturers (“OEMs”) responsible for the lawful recovery of refrigerants from their refrigerant-containing appliances when their appliances are discarded by residents. Despite this requirement, the Department will continue to provide its own refrigerant removal program in which OEMs can participate for a fee. OEMs can also choose to establish their own recovery program or participate with other OEMs in a refrigerant recovery program. The fee imposed by this rule will allow the Department to recover a portion of the program costs incurred through servicing OEMs’ appliances.

The purpose of the proposed rule is to carry out the requirements of Local Law 69 of 2013 by establishing the requirements for OEMs’ refrigerant recovery programs for appliances that are being disposed of by “residential generators” in the city of New York. “Residential generators” are any person, entity, agency, or institution in the city of New York that receives solid waste or recycling collection service from the department.

Specifically the proposed rule:

  • Establishes the registration requirements for OEMs of refrigerant-containing appliances,
  • Requires that OEMs indicate whether they plan to establish their own refrigerant recovery program, participate with other OEMs in a refrigerant recovery program, or have their appliances serviced by the Department’s refrigerant recovery program,
  • Establishes the fee that an OEM must pay if refrigerant is removed from an OEM’s appliance by the department,
  • Establishes annual reporting requirements for any OEM who establishes its own refrigerant recovery program or participates with OEMs in a refrigerant recovery program, and,
  • Establishes violations and fines for failure to comply with certain requirements of the proposed rule. 

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.

This proposed rule also repeals the current Chapter 17 of Title 16 of the Rules of the City of New York, which relates to the collection, recycling and reuse of electronic equipment, because the local laws that authorized Chapter 17, Local Laws 13 and 21 of 2008, were preempted by New York State law through Chapter 99 of 2010. DSNY’s authority for this repeal is found in sections 753 and 1043(a) of the New York City Charter.

 

Subject: 

DSNY Proposed Rule on Refrigerant Recovery

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

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, December 18, 2013
Proposed Rules Content: 

Statement of Basis and Purpose

 

 

On August 12, 2013, Mayor Bloomberg signed Local Law No. 56 for the year 2013. This law repeals the prior theft of recycling laws and enhances the City’s enforcement of the scavenging law by punishing those who unlawfully take City property or recyclables for their own financial gain.

 

Specifically, Local Law No. 56 amends the City’s recycling law by requiring a written agreement between a building owner and a private recyclables collector prior to the removal of recyclables. This law also requires any building with four or more residential units or occupied by a City agency that receives DSNY collection and is in need of supplemental collection to first request supplemental collection from DSNY before entering into any additional agreements.

 

Additionally, there has been an increase in the theft of recyclable material containing refrigerants, which often results in harmful CFCs being released into the air. Local Law No. 56 makes it unlawful to remove a refrigerant-containing item or Department-marked item that has been placed out by the owner for DSNY collection, and allows the City to issue penalties against those who remove, transport, and receive unlawfully taken materials. Finally, Local Law No. 56 creates a citizen reward program for persons who report unlawful scavenging activities that lead to a conviction. Notices of Violation issued as a result of a citizen complaint will be based on an affidavit filed by the citizen.

 

This proposed rule adds new definitions and new penalty amounts in ECB’s DSNY penalty schedule to comply with Local Law No. 56. For tracking purposes, the rule contains different categories for actions commenced based on the observation of a DSNY employee and those commenced based on a citizen affidavit (marked “Affidavit” in the penalty schedule).

 

The penalty provisions in Local Law No. 56 are codified in Sections 16-118 and 16-464 of the Administrative Code of the City of New York. The new penalties added by Local Law No. 56 in section 16-464 are flat penalties, and the statute does not provide a range for each charge. Solely for the convenience of the public, ECB is including these charges and accompanying head notes in its penalty schedule to ensure that ECB’s Penalty Schedules are as comprehensive as possible.

 

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

 

 

Subject: 

The Environmental Control Board (ECB) proposes to amend its Sanitation Penalty Schedule found in Section 3-122 of Subchapter G of Chapter 3 of Tilte 48 of the Rules of the City of New York. This proposed rule adds new definitions and new penalty amounts in ECB's Sanitation Penalty Schedule to comply with Local Law No. 56 of 2013. This Local Law repeals the prior theft of recycling laws and enhances the City's enforcement of the scavenging law.

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

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

Download Copy of Proposed Rule (.pdf):