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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule The New York City Department of Sanitation (“DSNY”) is creating a new chapter that will include certain provisions of its existing penalty schedule, which is currently found in Title 48 of the Rules of the City of New York, by moving those provisions into Title 16 of the Rules of the City of New York. DSNY also is establishing penalties for repeat violations of certain provisions as described in Local Law 75 of 2016. Currently the penalties for violations of §16-118 of the New York City Administrative Code (“Administrative Code”) that pertain to certain types of littering infractions are found in 48 RCNY § 3-122. The Office of Administrative Trials and Hearings, Environmental Control Board (“OATH ECB”), is in the process of repealing all penalty schedules in its rules so they can be relocated to the rules of the enforcement agencies with primary rulemaking and policymaking jurisdiction over the laws that underlie these penalties. In conjunction with this rule, OATH ECB will remove the penalties for violations of §16-118 that pertain to littering from its schedule. In 2003, a civil penalty of $100 was established for violations of subdivisions (2), (3), (4), (6) and (7) of §16-118. Additionally in 2003, penalties for violations of subdivisions (3), (4) and (6) were set at $250 for a second offense and $350 for a third and subsequent offense within a 12 month period. Defaults for violations of these provisions are set at the maximum penalty that can be assessed. All penalties are within the monetary ranges specified in §16-118. Local Law 75 was enacted as part of the Criminal Justice Reform Act, a package of bills passed by the City Council that aims to build stronger and safer neighborhoods by reducing arrests and incarceration. Local Law 75 of 2016 amended §16-118(1) to establish a new violation for spitting. In addition, Local Law 75 also establishes a specific penalty for violation of subdivision 6 of §16-118 by means of public urination. Local Law 75 imposes a fixed penalty of $75 for first time violations of §16-118(1) and 16-118(6), and provides for a range of penalties for subsequent offenses of those provisions. The penalties for subsequent offenses of those provisions are fixed at the minimum amounts authorized by Local Law 75. Additionally, the default penalties for all violations found in §16-118(1) and for public urination under §16-118(6) have been set at 150 percent of the penalty imposed, not to exceed $400. Working with the City’s rulemaking agencies, the Law Department, OMB, and the Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. This rule meets the criteria for this initiative. DSNY’s authority for these rules is found in sections 753 and 1043 of the New York City Charter, and section 16-118 of the New York City Administrative Code.

Effective Date: 
Mon, 06/05/2017

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, April 19, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

The New York City Department of Sanitation (“DSNY”) is proposing to create a new chapter that will include certain provisions of its existing penalty schedule, which is currently found in Title 48 of the Rules of the City of New York, by moving those provisions into Title 16 of the Rules of the City of New York. DSNY also proposes to establish penalties for repeat violations of certain provisions as described in Local Law 75 of 2016.

Currently the penalties for violations of §16-118 of the New York City Administrative Code (“Administrative Code”) that pertain to certain types of littering infractions, are found in 48 RCNY § 3-122. The Office of Administrative Trials and Hearings, Environmental Control Board (“OATH ECB”), is in the process of repealing all penalty schedules in its rules so they can be relocated to the rules of the enforcement agencies with primary rulemaking and policymaking jurisdiction over the laws that underlie these penalties. In conjunction with this rule, OATH ECB will remove the penalties for violations of §16-118 that pertain to littering from its rule.

In 2003, a civil penalty of $100 was established for violations of subdivisions (2), (3), (4), (6) and (7) of §16-118. Additionally in 2003, penalties for violations of subdivisions (3), (4) and (6) were set at $250 for a second offense and $350 for a third and subsequent offense within a 12 month period. Defaults for violations of these provisions are set at the maximum penalty that can be assessed. All penalties are within the monetary ranges specified in §16-118.

Local Law 75 of 2016 amended §16-118(1) to establish a new violation for spitting. In addition, Local Law 75 also establishes a specific penalty for public urination. Local Law 75 was passed as part of the Criminal Justice Reform Act, a package of bills passed by the City Council that aims to build stronger and safer neighborhoods by reducing arrests and incarceration. Local Law 75 imposes a fixed penalty of $75 for first time violations of §16-118(1) and 16-118(6), and provides for a range of penalties for subsequent offenses of those provisions. The penalties for subsequent offenses of those provisions are fixed at the minimum amounts authorized by Local Law 75. Additionally, the default penalties for all violations found in §16-118(1) and for public urination under §16-118(6) have been set at 150 percent of the penalty imposed, not to exceed $400.

Working with the City’s rulemaking agencies, the Law Department, OMB, and the Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. This proposed rule meets the criteria for this initiative.

DSNY’s authority for these rules is found in sections 753 and 1043 of the New York City Charter, and section 16-118 of the New York City Administrative Code.

Subject: 

DSNY Proposed Rule Relating to Penalties for Littering Offenses

Location: 
DSNY Headquarters
125 Worth Street Room 819
New York, NY 10013
Contact: 

Madelynn Liguori mliguori@dsny.nyc.gov

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Local Law 101 of 2015 (LL 101) requires the Department of Buildings (DOB) to refer to the Department of Housing Preservation and Development (HPD) immediately hazardous elevator violations in multiple dwellings that are found after inspection to be uncorrected by the owner. When DOB inspectors find an immediately hazardous condition in an elevator that requires the elevator to be taken out of service until the condition is corrected, they will refer the condition to HPD. Upon such referral, HPD will make an assessment of what action may be necessary based on the inoperable condition of the elevator and other relevant factors. The rules provide criteria to assist HPD in making its determination regarding such action.

Effective Date: 
Mon, 06/27/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, April 15, 2016
Proposed Rules Content: 

Local Law 101 of 2015 (LL 101) requires the Department of Buildings (DOB) to refer to the Department of Housing Preservation and Development (HPD) immediately hazardous elevator violations in multiple dwellings that are found after reinspection to be uncorrected. When DOB inspectors find an immediately hazardous condition in an elevator that requires the elevator to be taken out of service until the condition is corrected, they will refer the condition to HPD. Upon such referral, HPD will make an assessment of what action may be necessary based on the inoperable condition of the elevator and other relevant factors. The rules provide criteria to assist HPD in making its determination regarding such action.

Subject: 

.Proposed Rules Relating to Elevator Violation Referrals

Location: 
Department of Housing Preservation & Development
100 Gold Street Room 5R1
New York, NY 10038
Contact: 

Josh Cucchiaro

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, March 25, 2015
Proposed Rules Content: 

 

Statement of Basis and Purpose

 

 

Local Law 141 of 2013, which went into effect on December 31, 2014, amends the Administrative Code of the City of New York, the New York City Plumbing Code, the New York City Building Code, the New York City Mechanical Code and the New York City Fuel Gas Code. 

  

Local Law 141 amended some requirements, added new requirements and renumbered existing sections of the affected codes. The proposed amendments to 1 RCNY § 102-01 add certain new violations contained in the NYC Construction Codes and Zoning Resolution, some of which were created by the enactment of Local Law 141. In addition, unrelated to Local Law 141, the Department of Buildings seeks to clarify existing violations in its rules by amending their sections of law and violation descriptions. These violations relate to:

   

  • the requirement to obtain a service equipment Certificate of Compliance prior to operation;
  • the operation, maintenance, testing, and inspection of elevators and conveying systems, and the provision of notice when an elevator will be out of service due to repair work;
  • the tampering, removing or defacing of a Stop Work Order or Vacate Order prior to its rescission by the Commissioner;
  • failing to obey a Vacate Order;
  • failing to conduct or file a final inspection of permitted work with the Department of Buildings; and
  • damaging or removing trees in a Special Natural Area District without certification, authorization or special permit.

 
The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter
and sections 28-201.2, 28-201.2.1, 28-201.2.2, and 28-202.1 of the New York City Administrative Code.

 

Location: 
Department of Buildings
280 Broadway, 3rd floor
New York, NY 10007
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

The purpose of the rule is to prohibit electronic waste from being set out for solid waste or recycling collection in New York City and to establish that it will be a violation for electronic waste to be placed out for solid waste or recycling collection.

As of January 1, 2015, the New York State Electronic Equipment Recycling and Reuse Act (Chapter 99 of the laws of 2010, codified as Title 26 of Article 27 of the Environmental Conservation Law) prohibits persons from disposing of electronic waste as solid waste in the State of New York.  This act prohibits electronic waste from being placed or disposed of in any solid waste management facility, or being placed out for collection for disposal at a solid waste management facility or hazardous waste management facility in the state of New York. Therefore, the Department of Sanitation (“DSNY”) is amending its rules to clarify that it is a violation for any person to place electronic waste out for solid waste or recycling collection.           

Pursuant to section 753 of the New York City Charter, the Commissioner of DSNY is charged with responsibility for the functions and operations of the City related to waste disposal. Section 1043 of the New York City Charter authorizes agencies to adopt rules necessary to carry out the duties delegated to them by law. Additionally, DSNY has authority under sections 16-118 and 16-120 of the New York City Administrative Code to issue violations to persons who improperly dispose of solid waste. 

To further clarify the responsibilities placed upon persons placing electronic waste out for collection by a private carter, DSNY added definitions of hazardous waste management facility and solid waste management facility to the final rule.  

Effective Date: 
Fri, 03/20/2015

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

 

Local Law 67 of 2014 (“Local Law 67”) amended §10-169 of the Administrative Code of the City of New York (“Administrative Code”), which authorizes the Department of Sanitation (the “Department”) to regulate publicly accessible collection bins.  These amendments of the law were needed to combat the increase in the illegal placement of publicly accessible collection bins throughout the City.  Section 10-169 of the Administrative Code prohibits the placement of publicly accessible collection bins on City property, or property maintained by the City, or on any public sidewalk or roadway (“public property”).  Bins are allowed on private property if written permission of the property owner or the property owner’s designated agent is received. 

 

 

This rule:

·         requires all owners of publicly accessible collection bins placed on private property to register with the Department,

·         provides the procedures for such registration,

·         requires owners of bins to submit an annual report to the Sanitation Commissioner that identifies the weight of the material collected during the reporting period,

·         requires both the owner of a publicly accessible collection bin that is on private property and the owner of the private property in which the bin is located to maintain the bin in a clean and neat condition,

·         sets forth a violation for the failure to register, submit an annual report to the Department, or maintain a bin,

·         allows the Department to immediately remove a publicly accessible collection bin that is placed on public property and creates a process for the owner of the bin to have the bin returned,

·         sets forth the  penalties for the placement of publicly accessible collection bins on public property, and,

·         sets forth the removal cost and storage rates associated with the removal and storage of a publicly accessible collection bin that is illegally placed on public property.    

 

DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and §10-169 of the New York City Administrative Code.

Effective Date: 
Sat, 03/07/2015

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Tuesday, January 20, 2015
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

 

 

 

Local Law 67 of 2014 (“Local Law 67”) amended §10-169 of the Administrative Code of the City of New York (“Administrative Code”), which authorizes the Department of Sanitation (the “Department”) to regulate publicly accessible collection bins.  These amendments of the law were needed to combat the increase in the illegal placement of publicly accessible collection bins throughout the City.  Section 10-169 of the Administrative Code prohibits the placement of publicly accessible collection bins on City property, or property maintained by the City, or on any public sidewalk or roadway (“public property”).  Bins are allowed on private property if written permission of the property owner or the property owner’s designated agent is received. 

 

 

 

 

 

The proposed rules:

 

·         require all owners of publicly accessible collection bins placed on private property to register with the Department,

 

·         provide the procedures for such registration,

 

·         require owners of bins to submit an annual report to the Sanitation Commissioner that identifies the weight of the material collected during the reporting period,

 

·         require both the owner of a publicly accessible collection bin that is on private property and the owner of the private property in which the bin is located to maintain the bin in a clean and neat condition,

 

·         set forth a violation for the failure to register, submit an annual report to the Department, or maintain a bin,

 

·         allow the Department to immediately remove a publicly accessible collection bin that is placed on public property and create a process for the owner of the bin to have the bin returned,

 

·         set forth the  penalties for the placement of publicly accessible collection bins on public property, and,

 

·         set forth the removal cost and storage rates associated with the removal and storage of a publicly accessible collection bin that is illegally placed on public property.          

 

 

 

DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and §10-169 of the New York City Administrative Code.

 

Subject: 

.Publicly Accessible Collection Bins

Location: 
Third Floor Hearing Room (Room 330)
125 Worth Street
New York, NY 10013
Contact: 

Madelynn Liguori (646) 885-4786

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Tuesday, January 13, 2015
Proposed Rules Content: 

The purpose of the proposed rule is to prohibit electronic waste from being set out for solid waste or recycling collection in New York City and to establish that it will be a violation for electronic waste to be placed out for solid waste or recycling collection. Beginning January 1, 2015, the New York State Electronic Equipment Recycling and Reuse Act (Chapter 99 of the laws of 2010, codified as Title 26 of Article 27 of the Environmental Conservation Law) prohibits persons from disposing of electronic waste as solid waste in the State of New York. This act will prohibit electronic waste from being placed or disposed of in any solid waste management facility, or being placed out for collection for disposal at a solid waste management facility or hazardous waste management facility in the state of New York. Therefore, Department of Sanitation (“DSNY”) seeks to amend its rules to clarify that it shall be a violation for any person to place electronic waste out for solid waste or recycling collection. Pursuant to section 753 of the New York City Charter, the Commissioner of the DSNY is charged with responsibility for the functions and operations of the City related to waste disposal. Section 1043 of the New York City Charter authorizes agencies to adopt rules necessary to carry out the duties delegated to them by law. Additionally, DSNY has authority under sections 16-118 and 16-120 of the New York City Administrative Code to issue violations to persons who improperly dispose of solid waste.

Subject: 

DSNY Proposed Rule on Electronic Waste Disposal.

Location: 
3rd Floor Hearing Room
125 Worth Street Room 330
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: 

 

Local Law 52 of 2014 changed the effective dates of amendments of the New York City Construction Codes pursuant to Local Law 141 of 2013 and certain other local laws from October 1, 2014 to December 31, 2014.   

 

By rule effective December 19, 2014 (see rule titled “Amendment to Change Effective Date of Miscellaneous Rules Related to 2014 Construction Codes”), the Department of Buildings amended the effective date of rules that were previously adopted pursuant to the 2014 NYC Construction Codes to conform them to the new effective date of the code (December 31, 2014). 

 

Therefore, this rule went into effect on December 31, 2014, not October 1, 2014. 

 

 

 

 

Statement of Basis and Purpose of Rule 

 

Local Law 141, which goes into effect on October 1, 2014, amends the Administrative Code of the City of New York, the New York City Plumbing Code, the New York City Building Code, the New York City Mechanical Code and the New York City Fuel Gas Code to bring these codes up to date with the 2009 editions of the International Building, Mechanical, Fuel Gas and Plumbing Codes.   

 

Local Law 141 amended some requirements, added new requirements and renumbered existing sections of the affected codes. The amendments to rule 102-01 address the changes enacted by Local Law 141 by adding 2014 code sections and descriptions to the table of classifications and deleting some classifications that are not used or that could be combined with existing descriptions.


The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and sections 28-201.2, 28-201.2.1, and 28-202.1 of the New York City Administrative Code.

 

New material is underlined.

[Deleted material is in brackets.]

 

 

 

 

Effective Date: 
Wed, 12/31/2014

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