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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