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Proposed Rules: Closed to Comments (View Public Comments Received:25)

Agency:
Comment By: 
Thursday, May 30, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

The Fire Department proposes this rule to establish standards, requirements and procedures for the design, installation, operation and maintenance of outdoor stationary storage battery systems that use various types of new energy storage technologies, including lithium-ion, flow, nickel-cadmium and nickel metal hydride batteries.  The proposed rule would not govern indoor battery installations.

 

Background and Purpose

 

In April 2018, a working group coordinated by the City University of New York and the New York State Energy Research and Development Agency, in which the Fire Department participated, issued the first comprehensive set of guidelines for installing outdoor lithium-ion energy storage systems in New York City, to create a pathway for safe widespread use of lithium-ion stationary storage battery systems.  This proposed rule would implement the working group’s guidelines through fully-developed design and installation requirements and emergency management procedures for outdoor stationary storage battery systems.

 

This proposed rule also seeks to address the fire safety concerns associated with new battery technologies by setting testing standards and establishing an equipment approval process for manufacturers.  Establishing testing standards, and in particular, requiring full-scale testing of battery system components and pre-engineered products, will enable manufacturers to identify fire safety issues and eliminate them or engineer mitigating measures in the design.  The evaluation of the performance of battery system components or products in this manner will also allow the Fire Department to eliminate or expedite its approval process for specific installations.  Equipment approvals will allow developers and installers to select products that are already approved for New York City use, with or without conditions or limitations.

 

Evolution of Battery Use and Technology

Stationary storage battery systems are commonly used in office buildings and other commercial buildings to provide emergency or standby power for life safety systems, or uninterruptible power for business operations.  The storage batteries commonly used for these applications are lead-acid batteries similar to those found in automobiles, the science and safety of which is well-understood.

 

The movement to replace fossil fuels with alternative energy sources to address global environmental concerns has prompted the rapid development of new energy storage technologies. In recent years, new storage battery technology has been developed for large-scale power uses, such as storing power for general building use.  The batteries can be charged overnight or during other low-demand periods, and provide building power during the daytime.  Additionally, stationary storage batteries can be used to store power generated by rooftop solar panel installations and other local, small-scale energy generating systems.  The power generated by these systems, when not needed on site, can supply power to the public utility’s power grid.

 

Because of their energy density (high-energy generation considering the battery’s size and weight), lithium-ion batteries are increasingly being used in a wide range of applications, including consumer products.  However, lithium-ion batteries are subject to thermal runaway, which occurs when the heat generated by a malfunctioning energy cell or module causes others to fail, potentially generating intense fires and fires that reignite after being extinguished.  Various highly-publicized incidents have illustrated the fire safety concerns associated with lithium-ion batteries.  In addition to lithium-ion, the new stationary storage battery technology includes nickel-cadmium, nickel metal hydride and flow batteries.  This rule would apply to these technologies as well.

 

Testing and Listing Standards

 

The Fire Department has been actively engaged for several years in the development of appropriate standards for stationary storage battery systems. Working with national standard-making organizations, nationally-recognized testing laboratories and Federal, State and City agencies, the Fire Department has advocated for the testing of new technologies that would enable the Fire Department and other regulatory agencies to fairly assess, in a scientific manner, any potential hazards associated with the new technologies.

 

The proposed rule requires the use of the current edition of the Underwriters Laboratories Test Method 9540A for full-scale testing, but the Fire Department is aware that these testing standards, like the technologies themselves, are still in development. The proposed rule acknowledges the evolving standards by specifying the latest listing and testing standards, but authorizing the Fire Department to accept later editions or other standards that address the Fire Department’s fire safety concerns.  Also under development is a new listing standard that will be used to establish listings with installation conditions based on test data.  The proposed rule anticipates that when such listing standard is developed, and approved by the Fire Department and the Department of Buildings, it will replace the existing listing and testing standards and the Fire Department’s equipment approval process, and supersede required separation distances to the extent addressed in the new listing.

 

The Fire Department specifically invites public comment, including technical comment, about the full-scale testing standard and other standards adopted in this proposed rule.

 

Proposed Regulatory Requirements

 

The proposed rule would regulate outdoor stationary storage battery systems based on their technology and size.  Table 1 establishes proposed thresholds for small, medium or large outdoor stationary storage battery systems. The size of the stationary storage battery system is based on the energy storage/generating capacity of such system, as rated by the manufacturer, and includes any and all storage battery units operating as a single system.

 

Table 2 lists the compliance requirements in the proposed rule and indicates, in a readily accessible format, the requirements applicable to each size, and in some cases type, of battery system.

 

The fire safety regulations in the proposed rule include the following requirements:

 

·        Permits.  The proposed rule would require a Fire Department permit for medium and large outdoor stationary storage battery systems.  Operational permits ensure that the Fire Department and its firefighting force are aware of the location of the stationary storage battery systems and can conduct periodic inspections as the Fire Department determines appropriate.

 

·        Supervision.  The proposed rule would require that all outdoor stationary storage battery systems be under the general supervision of a trained and knowledgeable person holding a Fire Department Certificate of Fitness.  The Fire Department anticipates that installers or other persons associated with the design or installation of the stationary storage battery system would be the persons qualified to supervise such systems.

 

A Certificate of Fitness requirement would help ensure that installers and other businesses involved in stationary storage battery systems – who may be new to New York City – are familiar with New York City regulatory requirements, and the Certificate of Fitness holder can serve as a point of contact with the Fire Department.  The proposed rule would require the Certificate of Fitness holder to assist the Fire Department in any emergency involving or affecting the stationary storage battery system that the Certificate of Fitness holder supervises, including responding to the incident location in a timely manner to confirm that the stationary storage battery system is in good working order, or to mitigate the condition and decommission the stationary storage battery system.  The proposed rule anticipates that the required emergency management plan would be developed by manufacturers, installers and, in some cases, property owners, to address how such situations would be handled.

 

Certificates of Fitness are obtained by studying the online study materials applicable to the particular certificate and submitting to administration of a computerized examination at Fire Department Headquarters.  Test results are immediately available, and if a passing score is achieved, the certificate is issued on the spot.  The fee for most Certificates of Fitness is $25 for a 3-year period.

 

The Fire Department specifically invites public comment as to how outdoor stationary storage battery systems are likely to be managed, maintained and monitored once installed, and the category of persons who would be best qualified and available to provide the assistance that the Fire Department may require in the event a seriously malfunctioning stationary storage battery system necessitates a Fire Department response.

 

·        Multiple battery systems.  The proposed rule would require Fire Department review of multiple outdoor stationary storage battery systems on a single premises to ensure that the fire safety requirements for larger stationary storage battery systems are not being circumvented by a number of smaller systems.

 

·        Mobile battery systems. Stationary storage battery systems are typically fixed, not portable.  However, stationary storage battery systems can be mounted on trailers and towed to locations, in the same way as air compressors, diesel-fueled emergency generators, and other mobile power and heating trailers.  The proposed rule would allow mobile stationary storage battery systems and make appropriate adjustments in the approval and permitting process.

 

·        Installation approvals.  It is anticipated that only large stationary storage battery systems will require site-specific installation approvals.  The proposed rule sets forth the information that will be required for such applications, including any related Department of Buildings applications, Fire Department equipment approvals for stationary storage battery units or components, and site plans.

 

·        Commissioning/decommissioning.  The proposed rule would require that outdoor stationary storage battery systems be installed (commissioned) or removed (decommissioned) only by trained and knowledgeable persons holding a Fire Department Certificate of Fitness.  The Fire Department anticipates that these will be the same businesses and individuals who will be responsible for maintaining the system once installed and who will be required to obtain a Certificate of Fitness.

 

The proposed rule would require notification to the Fire Department in connection with the commissioning and decommissioning of these outdoor stationary storage battery systems, so Fire Department firefighters or other representatives can, if they wish, familiarize themselves with these installations.  The removal of any stationary storage battery system experiencing abnormal temperatures or gas emission readings as a result of physical damage, exposure to fire or other cause of failure, would have to be coordinated with the Hazardous Materials Unit of the Fire Department’s Bureau of Operations.

 

·        Design and installation requirements.  The proposed rule sets forth general design and installation requirements, including Fire Department access and water supply, and separation distances from streets, building openings, overhead power lines, infrastructure and other sensitive locations.  The proposed rule would authorize the Fire Department to reduce separation distances if the full-scale testing results show minimal hazards, or increase them if there are hazards that have not been addressed by the manufacturer in engineering of the stationary storage battery system.

 

The Fire Department anticipates that medium and large outdoor stationary storage battery systems will be housed in containers and other enclosures.  Malfunctioning stationary storage battery systems can generate flammable gases and the enclosures in which they are housed could allow these gases to collect and reach dangerous levels.  Accordingly, the proposed rule would require that the enclosures be designed with fire and gas detection systems and other fire protection systems, explosion protection and a manual exhaust system for firefighter use.

 

The Fire Department specifically invites public comment on the design and installation requirements for enclosures, and whether the rule needs to address the design and installation of other products developed for outdoor stationary storage battery systems.

 

·        Rooftop installations.  The proposed rule allows the installation of stationary storage battery systems on building rooftops, but includes requirements designed to address the fire safety concerns associated with rooftop installations.

 

·        Remote monitoring and reporting.  The Fire Department understands that all outdoor stationary storage battery systems will be designed with a battery management system (BMS) that will be remotely monitored on a 24/7 basis.  The proposed rule would require such remote monitoring to ensure timely notifications to the Fire Department, Certificate of Fitness holder and manufacturer of the battery if the stationary storage battery system exhibits abnormal behavior indicative of a serious malfunction.

 

The Fire Department specifically invites public comment on the business arrangements among the manufacturer, installer and property owner with respect to the monitoring of battery management systems and management of emergencies affecting outdoor stationary storage battery systems.

 

·        Emergency management plan and technical assistance.  The proposed rule would require that the property owner, manufacturer and/or installer develop an emergency management plan or protocol that includes procedures for notifications, technical assistance and response to the incident location in the event of an emergency involving or affecting an outdoor stationary storage battery system.

 

·        Signage.  The proposed rule would require detailed signage indicating the type of stationary storage battery system, providing emergency contact information, and other information at the fire department (hose) connection, public utility connection or other conspicuous location.  The signage must also indicate whether the battery system is connected to a public utility power grid, such that its shut-down could have widespread or power grid impacts.

 

·        Maintenance.  The proposed rule would require an annual inspection of the outdoor stationary storage battery system by the Certificate of Fitness holder.  The proposed rule also clarifies that the replacement of battery components with different battery technologies or chemistries would constitute an alteration of the system that must be submitted for Fire Department review and approval in accordance with the requirements of the proposed rule.

 

·        Recordkeeping.  The proposed rule would require that records of the installation, maintenance and removal of the outdoor stationary storage battery system and associated equipment must be maintained by the Certificate of Fitness holder and/or the property owner.

Subject: 

.

Location: 
FDNY Headquarters Auditorium
9 Metrotech Center
Brooklyn, NY 11201
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

Local Law 143 of 2013 amended Section 24-716 of the Administrative Code by adding a new subdivision (b) requiring that the Department of Environmental Protection (DEP) promulgate rules “for the proper siting and storage of hazardous substances, taking into consideration all safety issues…” In response, after consulting with other emergency response agencies, as well as the Law Department, the Mayor’s Office of Operations, and the New York State Department of Environmental Conservation, DEP has developed amendments to the existing Community Right-to-Know Regulations (Title 15, Chapter 41 of the Rules of the City of New York) which add a new Section 41-14 to require spillage prevention measures for all portable containers of hazardous substances in order to prevent releases of hazardous substances in case of an extreme weather event, and to impose spillage prevention requirements for facilities located in a Special Flood Hazard Area. The rule also authorizes DEP to perform inspections at facilities and to issue summonses for violations of the rule, and adds definitions for terms found in the new section 41-14.

The rule also deletes Section 41-11(b)(i)(4), which refers to a provision of the New York State regulations that no longer exists, and includes a number of simple, plain language revisions throughout.

DEP’s authority for this rule is found in City Charter section 1043 and section 24-716 of the Administrative Code.

DEP received comments concerning the applicability of this rule to utilities, telecommunications providers and hospitals to the effect that it would be burdensome and onerous for such entities to comply with the rule while maintaining essential services during an extreme weather event. In response, DEP has added a provision to the rule exempting hospital, government, utility, and telecommunications entities from complying with the rule in order to maintain essential services.

Effective Date: 
Thu, 11/01/2018

Proposed Rules: Closed to Comments (View Public Comments Received:3)

Agency:
Comment By: 
Wednesday, July 11, 2018
Proposed Rules Content: 

Statement of Basis and Purpose
Local Law 143 of 2013 amended Section 24-716 of the Administrative Code by adding a new subdivision (b) requiring that the Department of Environmental Protection (DEP) promulgate rules “for the proper siting and storage of hazardous substances, taking into consideration all safety issues…” In response, after consulting with other emergency response agencies, as well as the Law Department, the Mayor’s Office of Operations, and the New York State Department of Environmental Conservation, DEP has developed amendments to the existing Community Right-to-Know Regulations (Title 15, Chapter 41 of the Rules of the City of New York) which add a new Section 41-14 to require spillage prevention measures for all portable containers of hazardous substances in order to prevent releases of hazardous substances in case of an extreme weather event, and to impose spillage prevention requirements for facilities located in a Special Flood Hazard Area. The proposed rule also authorizes DEP to perform inspections at facilities and to issue summonses for violations of the rule, and adds definitions for terms found in the new section 41-14.
The proposed rule also deletes Section 41-11(b)(i)(4), which refers to a provision of the New York State regulations that no longer exists, and includes a number of simple, plain language revisions throughout.
DEP’s authority for this rule is found in New York City Charter section 1043 and section 24-716 of the Administrative Code.

Subject: 

Siting and Storage of Hazardous Materials.

Location: 
DEP 11th Floor Conference Room
59-17 Junction Blvd. 11 Floor
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule


The Fire Code regulates the manufacturing, storage, handling, use and transportation of hazardous materials in New York City, including fuel oil, a combustible liquid.

Section 3405-01 of the Fire Department’s rules (Title 3 of the Rules of the City of New York) allows mobile heating and power generating trailers to operate with a citywide permit, and sets forth permit, supervision, and design and installation requirements. The rule was originally developed in response to the use of these trailers to serve buildings whose heating or electrical systems were undergoing major repairs or replacement and were taken out of service.  The trailers are typically parked on the street and connected to building utilities by piping or electrical lines.

Effective Date: 
Wed, 03/15/2017

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, November 17, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule 

HRA is proposing to add a new Chapter 11 to Title 68 of the Rules of the City of New York to improve the way Public and Emergency Assistance payments are made for storage of furniture and personal belongings for eligible persons.  Under the rule, Public Assistance allowances or Emergency Assistance grants for the storage of furniture and personal belongings will be issued when essential, for circumstances such as relocation, eviction, or temporary shelter, subject to certain procedures and restrictions.

The proposed rule authorizes HRA to require a person whose storage fees exceed reasonable and customary amounts to submit three written cost estimates and move his or her possessions to the most cost-effective alternative storage facility or warehouse. A person requesting a storage fees allowance or grant who has not yet placed his or her possessions in storage will also be required to submit three estimates to HRA and utilize the most cost-effective alternative.

The proposed rule also provides that HRA will automate storage payments for eligible Public Assistance recipients residing in New York City Department of Homeless Services (DHS) shelters and HRA domestic violence shelters. For individuals who do not reside in shelters and for shelter residents who are not Public Assistance recipients who apply monthly and are determined eligible for this benefit, HRA will make non-automated payments directly to the storage facility or warehouse.

The proposed rule authorizes HRA to deny payment of late fees if it does not receive storage bills and/or an application for storage payments on a timely basis, without good cause.

Finally, the proposed rule authorizes HRA to deny an application for storage fees when a person:

(i)      does not provide three written estimates when required;

(ii)     seeks to increase the amount of belongings stored when such increase is not essential;

(iii)    cannot demonstrate a continued need for storage fees allowances/grants; or

(iv)    refuses available permanent housing, including offers of supportive housing, without good cause.

This rule is proposed pursuant to the authority of the Commissioner of the New York City Human Resources Administration (HRA) under Sections 603 and 1043 of the New York City Charter, Sections 34, 56, 61, 62, 77, 131, 159, 303(1)(k), and 350-j of the New York Social Services Law, and Sections 352.6(f), 370.3, 372.4, and 397.5(k) of Title 18 of the New York Codes, Rules and Regulations.

Subject: 

Allowance for Essential Storage of Furniture and Personal Belongings.

Location: 
Spector Hall
22 Reade Street first floor
New York, NY 10007
Contact: 
Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

 

Section 16-130(b) of the Administrative Code of the City of New York authorizes the Sanitation Commissioner to establish one or more classes of permits for solid waste facilities that receive, process, and store materials consisting of solid waste and recyclable materials.  In addition, section 16-463 authorizes broad oversight over recycling processing facilities that handle paper and cardboard, metal, glass and plastic, as well as scrap metal, including refrigerant containing items. Some facilities operating in New York City limit their operations to the receipt, process and storage of recyclable materials. 

 

 

Currently, recycling processing facilities are either registered or permitted by the New York State Department of Environmental Conservation as source-separated non-putrescible solid waste recycling recovery facilities or licensed by the New York City Department of Consumer Affairs as scrap metal processors.  A recycling processing facility is defined as a facility where recyclable materials, other than organic waste, are delivered separately from solid waste or where source-separated recyclable materials, other than organic waste, are processed for the purpose of reuse or sale. Section 16-463 authorizes the Department to provide broad oversight of facilities that handle such materials and to promulgate rules that regulate such facilities. 

 

This rule requires recycling processing facilities to register with the Department and allow for the inspection of site operations to ensure that recyclable materials are effectively processed and accurate records are maintained to capture the flow of recyclable materials handled and processed within the facility.  To further this goal, recycling processing facilities will be required to submit quarterly reports to the Department summarizing the handling of such materials within the target period.  This will allow the Department to more accurately determine the recycling diversion rate within New York City. 

 

 

 

DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and sections 16-130 and 16-463 of the New York City Administrative Code.

Effective Date: 
Mon, 10/24/2016

Proposed Rules: Closed to Comments (View Public Comments Received:4)

Agency:
Comment By: 
Thursday, June 16, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

Section 16-130(b) of the Administrative Code of the City of New York authorizes the Sanitation Commissioner to establish one or more classes of permits for solid waste facilities that receive, process, and store materials consisting of solid waste and recyclable materials.  In addition, section 16-463 authorizes broad oversight over recycling processing facilities that handle paper and cardboard, metal, glass and plastic, as well as scrap metal, including refrigerant containing items. Some facilities operating in New York City limit their operations to the receipt, process and storage of recyclable materials. 

 

 

Currently, recycling processing facilities are either registered or permitted by the New York State Department of Environmental Conservation as source-separated non-putrescible solid waste recycling recovery facilities or licensed by the New York City Department of Consumer Affairs as scrap metal processors.  A recycling processing facility is defined as a facility where recyclable materials, other than organic waste, are delivered separately from solid waste or where source-separated recyclable materials, other than organic waste, are processed for the purpose of reuse or sale. Section 16-463 authorizes the Department to provide broad oversight of facilities that handle such materials and to promulgate rules that regulate such facilities. 

 

This rule requires recycling processing facilities to register with the Department and allow for the inspection of site operations to ensure that recyclable materials are effectively processed and accurate records are maintained to capture the flow of recyclable materials handled and processed within the facility.  To further this goal, recycling processing facilities will be required to submit quarterly reports to the Department summarizing the handling of such materials within the target period.  This will allow the Department to more accurately determine the recycling diversion rate within New York City. 

 

 

 

DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and sections 16-130 and 16-463 of the New York City Administrative Code.

Subject: 

Proposed Rules Relating to the Registration of Recycling Processing Facilities

Location: 
DSNY Headquarters
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

 

 

 

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: 

 Click here (.pdf) for the complete text of the adopted rule.

Effective Date: 
Tue, 11/15/2011