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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 Final Rule

  

The Environmental Control Board held a public hearing on December 18, 2013 regarding amendments to its Sanitation Penalty Schedule. This 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 (RCNY). A representative from the Department of Buildings and one member of the public attended the public hearing. The member of the public testified on the proposed rule. No written comments were received. The Board has considered the testimony from the member of the public.

 

On August 12, 2013, Mayor Bloomberg signed Local Law No. 56 for the year 2013. This law repealed the prior theft of recycling laws and added new provisions that enhance 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 amended 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. As amended, the law now 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 rule has added 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.

 

 

Effective Date: 
Sun, 03/16/2014