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

Agency:
Comment By: 
Thursday, May 28, 2020
Proposed Rules Content: 

Statement of Basis and Purpose

When large, new buildings are designed, there currently is no requirement that such buildings consider waste management planning and incorporate measures for managing the substantial amount of refuse and recyclables generated by residents of such buildings. Curbside placement of piled bags of refuse generated at such buildings for collection by the Department of Sanitation (“DSNY”), given their large size, results in mountains of black bags placed along the curb on the sidewalks, not only obstructing pedestrian flow, but also impacting the quality of life of the surrounding area, especially in the summer months and after delayed collection during the winter months due to  snow.  These bags are also a huge food source for rats.  

The proposed rule would require owners and/or managing agents of certain new residential multiple dwellings to install a waste containerization system for the management of waste generated (unless DSNY determines that collection service through this system is not feasible).

Pursuant to Local Law 56 for the Year 1967, Local Law 11 for the Year 1971, and Chapter 907 of the Laws of 1985, DSNY, the Department of Health and Mental Hygiene (“DOHMH”), and the Department of Housing Preservation and Development (“HPD”) must jointly approve via rule (“Tripartite General Orders”) any new specifications for waste management systems in dwellings.

This jointly drafted proposed rule would amend the existing Tripartite General Orders by requiring owners and/or managing agents of certain new residential multiple dwellings, including commercial buildings that are turned into residential buildings, to install a waste containerization system to manage waste generated at such building unless DSNY determines that collection service through this system is not feasible.      

Specifically, this proposed rule would require the installation of a waste containerization system in:

  • Any new multiple dwelling building that contains 300 or more dwelling units; or
  • Any commercial building that is altered, enlarged or otherwise modified from its original physical design in order to be newly classified by the New York City Department of Buildings (“DOB”) as a multiple dwelling building that contains 300 or more dwelling units; or
  • Any commercial building having 50 percent or more of its floor area renovated in order to be classified by DOB as a multiple dwelling building that contains 300 or more dwelling units.

DSNY also reserves the right to waive this mandatory requirement if it determines such waste containerization system is not operationally feasible at any time for reasons including, but not limited to, one or more of the following: 

  • the vehicle operator for DSNY must be able to drive safely any of its collection vehicles within the boundary lines of any private property that such collection vehicle must access. DSNY reserves the right to require the submission of drawings or plans, including, but not limited to, an auto-turn analysis depicting one of its collection vehicles; or
  • a DSNY collection truck must be able to enter and exit the waste holding area with normal and customary maneuvering by the operator; or
  • DSNY must have the necessary vehicles and equipment to collect the materials placed out for collection by the building through the waste containerization system; or  
  • the area in which such containers are stored, if located on private property, must continually be kept and maintained in good condition and not pose any threat of injury to DSNY workers or damage to its vehicles and equipment during collection; or
  • meeting all specifications outlined in section 17-12 of this subchapter.

 DSNY may deny or suspend collection service to any building required by the proposed rule to have a waste containerization system if all provisions have not been met. 

 In conjunction with section one of this rule, DSNY and HPD will amend their respective provisions of the existing Tripartite General Orders, which can be found in, respectively, Chapter 9 of Title 16 of the Rules of the City of New York and Chapter 27 of Title 28 of the Rules of the City of New York.

 DOHMH’s authority for this rule is found in sections 556 and 1043 of the New York City Charter and section 27-2021 of the New York City Administrative Code.

Subject: 

To join the hearing, please use the ink in the attached PDF version of the proposed rule.

Location: 
Remote Hearing NY
Contact: 

Madelynn Liguori (646) 885-4786

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, April 16, 2020
Proposed Rules Content: 

The New York City Department of Sanitation (“DSNY”) previously announced that it would hold a public hearing, on April 16, 2020, at 9:30 A.M., on a proposed rule to require certain buildings to install and utilize waste containerization systems.  In light of the 2019 Novel Coronavirus (COVID-19) pandemic, DSNY has determined, that the hearing must be postponed indefinitely. Notice of a revised hearing date will be announced at a future time.

 

Statement of Basis and Purpose of Proposed Rule When large, new buildings are designed, there currently is no requirement that such buildings consider waste management planning and incorporate measures for managing the substantial amount of refuse and recyclables generated by residents of such buildings. Curbside placement of piled bags of refuse generated at such buildings for collection by the Department of Sanitation (“DSNY”), given their large size, results in mountains of black bags placed along the curb on the sidewalks, not only obstructing pedestrian flow, but also impacting the quality of life of the surrounding area, especially in the summer months and after delayed collection during the winter months due to snow. These bags are also a huge food source for rats. The proposed rule would require owners and/or managing agents of certain new residential multiple dwellings to install a waste containerization system for the management of waste generated (unless DSNY determines that collection service through this system is not feasible). Pursuant to Local Law 56 for the Year 1967, Local Law 11 for the Year 1971, and Chapter 907 of the Laws of 1985, DSNY, the Department of Health and Mental Hygiene (“DOHMH”), and the Department of Housing Preservation and Development (“HPD”) must jointly approve via rule (“Tripartite General Orders”) any new specifications for waste management systems in dwellings. This jointly drafted proposed rule would amend the existing Tripartite General Orders by requiring owners and/or managing agents of certain new residential multiple dwellings, including commercial buildings that are turned into residential buildings, to install a waste containerization system to manage waste generated at such building unless DSNY determines that collection service through this system is not feasible. Specifically, this proposed rule would require the installation of a waste containerization system in: • Any new multiple dwelling building that contains 300 or more dwelling units; or • Any commercial building that is altered, enlarged or otherwise modified from its original physical design in order to be newly classified by the New York City Department of Buildings (“DOB”) as a multiple dwelling building that contains 300 or more dwelling units; or • Any commercial building having 50 percent or more of its floor area renovated in order to be classified by DOB as a multiple dwelling building that contains 300 or more dwelling units. DSNY also reserves the right to waive this mandatory requirement if it determines such waste containerization system is not operationally feasible at any time for reasons including, but not limited to, one or more of the following: • the vehicle operator for DSNY must be able to drive safely any of its collection vehicles within the boundary lines of any private property that such collection vehicle must access. DSNY reserves the right to require the submission of drawings or plans, including, but not limited to, an auto-turn analysis depicting one of its collection vehicles; or • a DSNY collection truck must be able to enter and exit the waste holding area with normal and customary maneuvering by the operator; or • DSNY must have the necessary vehicles and equipment to collect the materials placed out for collection by the building through the waste containerization system; or • the area in which such containers are stored, if located on private property, must continually be kept and maintained in good condition and not pose any threat of injury to DSNY workers or damage to its vehicles and equipment during collection; or • meeting all specifications outlined in section 9-12 of this subchapter. DSNY may deny or suspend collection service to any building required by the proposed rule to have a waste containerization system if all provisions have not been met. In conjunction with section one of this rule, the DOHMH and HPD will amend their respective provisions of the existing Tripartite General Orders, which can be found in, respectively, Chapter 17 of Title 24 of the Rules of the City of New York and Chapter 27 of Title 28 of the Rules of the City of New York. DSNY’s authority for this rule is found in sections 753 and 1043 of the New York City Charter and sections 16-120 and 27-2021 of the New York City Administrative Code.

Subject: 

.HEARING POSTPONED DSNY Proposed Rule- Requirements for Waste Containerization Systems in Certain Buildings

Location: 
125 Worth Street, 2nd Floor Auditorium
125 Worth Street 2nd Floor Auditorium
New York, NY 10013
Contact: 

Madelynn Liguori (646) 885-4786

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, April 16, 2020
Proposed Rules Content: 

The proposed rule would require owners and/or managing agents of certain new residential multiple dwellings, including commercial buildings that are turned into residential buildings, to install a waste containerization system for the management of waste generated (unless DSNY determines that collection service through this system is not feasible). This rule is jointly proposed by the Departments of Sanitation, Health and Mental Hygiene, and Housing Preservation and Development.

Subject: 

.Requirements for Waste Containerization Systems in Certain Buildings

Location: 
125 Worth Street second floor auditorium
New York, NY 10013
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

Each year in New York City, more than 100,000 commercial establishments generate more than 3 million tons of refuse and recyclables. Approximately 90 private carters collect this waste from commercial establishments across the City.

The current system for collecting commercial waste from the City’s businesses has been plagued by dangerous driving and insufficient attention to public safety, harmful environmental impacts, and poor customer service. Since 2010, private waste collection trucks have killed at least 28 people on New York City streets.

In some parts of the city, more than 50 carters service a single neighborhood, and an individual commercial block may see dozens of different private waste collection trucks on a given night. This has resulted in millions of excess truck miles driven every year that harm the City’s air quality, increase greenhouse gas emissions, create noise pollution and negatively impact public health. Additionally, the industry has lacked strong customer service standards, and pricing has remained unclear and confusing to most customers, putting small businesses at a significant disadvantage.

In response to these documented problems in the commercial waste collection industry, the Department released a comprehensive plan for reforming the private carting industry in November 2018 (“the Plan”), available at http://www.nyc.gov/commercialwaste. The Plan proposed the establishment of commercial waste zones - a safe and efficient collection system to provide high quality, low cost service to New York City businesses while advancing the City’s zero waste and sustainability goals. The Department developed this plan after years of extensive public outreach and engagement with a wide variety of stakeholders. On November 20, 2019, Local Law number 199 for the year 2019 was enacted, which authorizes the Department to create a commercial waste zones system.

2

Under Local Law 199, codified in Title 16-B of the New York City Administrative Code, the Sanitation Commissioner must divide the geographic area of New York City into at least 20 “commercial waste zones.” This rule describes the 20 zones designated by the Commissioner and provides a map.

The zone map described here largely reflects the zone map described in the Plan, with a few differences. While the Plan assumed that certain zones in Manhattan would have up to five carters operating, Local Law number 199 authorizes up to three carters per zone. Accordingly, the Department made some adjustments to reflect this change, taking into consideration the number of customers and the average tonnage of waste per contract and per zone. First, this map divides lower Manhattan into two zones. It also consolidates three Brooklyn zones described in the Plan into two zones. Finally, this map includes geographic areas of the City that are not assigned to community districts, such as Central Park, which were not included in the map described in the Plan.

The following is a map of the zones described in this rule. In this map, the numbers refer to either community districts or “Joint Interest Areas,” or “JIAs” which denote geographic areas of the City identified by the Department of City Planning that are not assigned to community districts, as described on the Department of City Planning webpage: https://www1.nyc.gov/site/planning/community/jias-sources.page. The colors denote the different commercial waste zones, which are labeled with the zone names.

3

This is the first of several rules that the Department intends to propose to implement the program. Thereafter, the Department will use a competitive procurement process to select up to three private carters to service businesses within each commercial waste zone. The competitive solicitation process will also be used to select up to five carters to provide containerized commercial waste collection services citywide. This process will identify the carters that can provide high quality service at low prices. The resulting contracts will include standards for pricing, customer service, safety, environmental health, and requirements to promote the City’s commitment to recycling and sustainability.

4

Commercial waste zones will apply to the collection of commercial refuse, recyclables, and source-separated organic waste. It will exclude specialized or intermittent waste streams, such as construction and demolition debris, medical waste, hazardous waste and other types of waste that will continue to be collected and managed under existing City and State regulations.

Under the new commercial waste zones system, instead of dozens of different carters operating in a City neighborhood on a given night, only a few carters will operate in each area. With fewer trucks on the streets and shorter routes, zoned collection will also mean improved traffic and air quality and less unsafe driving behavior and worker fatigue. Citywide, the adoption of the commercial waste zones system will dramatically reduce truck traffic associated with this industry by 50 percent. This system will improve the quality of life of all New Yorkers, serve the needs of the City’s local businesses, and support the City’s short and long-term goals for a cleaner, safer, and more sustainable city.

DSNY’s authority to promulgate these rules is found in New York City Charter §§ 753 and 1043, and Administrative Code § 16-1001.

Effective Date: 
Sun, 03/15/2020

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, January 13, 2020
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule Each year in New York City, more than 100,000 commercial establishments generate more than 3 million tons of refuse and recyclables. Approximately 90 private carters collect this waste from commercial establishments across the City. The current system for collecting commercial waste from the City’s businesses has been plagued by dangerous driving and insufficient attention to public safety, harmful environmental impacts, and poor customer service. Since 2010, private waste collection trucks have killed at least 28 people on New York City streets. In some parts of the city, more than 50 carters service a single neighborhood, and an individual commercial block may see dozens of different private waste collection trucks on a given night. This has resulted in millions of excess truck miles driven every year that harm the City’s air quality, increase greenhouse gas emissions, create noise pollution and negatively impact public health. Additionally, the industry has lacked strong customer service standards, and pricing has remained unclear and confusing to most customers, putting small businesses at a significant disadvantage. In response to these documented problems in the commercial waste collection industry, the Department released a comprehensive plan for reforming the private carting industry in November 2018 (“the Plan”), available at http://www.nyc.gov/commercialwaste. The Plan proposed the establishment of commercial waste zones - a safe and efficient collection system to provide high quality, low cost service to New York City businesses while advancing the City’s zero waste and sustainability goals. The Department developed this plan after years of extensive public outreach and engagement with a wide variety of stakeholders. On November 20, 2019, Local Law number 199 for the year 2019 was enacted, which authorizes the Department to create a commercial waste zones system. Under Local Law 199, codified in Title 16-B of the New York City Administrative Code, the Sanitation Commissioner must divide the geographic area of New York City into at least 20 “commercial waste zones.” This proposed rule describes the 20 zones designated by the Commissioner and provides a map. The zone map described here largely reflects the zone map described in the Plan, with a few differences. While the Plan assumed that certain zones in Manhattan would have up to five carters operating, Local Law number 199 authorizes up to three carters per zone. Accordingly, the Department made some adjustments to reflect this change, taking into consideration the number of customers and the average tonnage of waste per contract and per zone. First, this proposed map divides lower Manhattan into two zones. It also consolidates three Brooklyn zones described in the Plan into two zones. Finally, this proposed map includes geographic areas of the City that are not assigned to community districts, such as Central Park, which were not included in the map described in the Plan. The following is a map of the zones described in this proposed rule. In this map, the numbers refer to either community districts or “Joint Interest Areas,” or “JIAs” which denote geographic areas of the City identified by the Department of City Planning that are not assigned to community districts, as described on the Department of City Planning webpage: https://www1.nyc.gov/site/planning/community/jias-sources.page. The colors denote the different commercial waste zones, which are labeled with the zone names. This is the first of several rules that the Department intends to propose to implement the program. Thereafter, the Department will use a competitive procurement process to select up to three private carters to service businesses within each commercial waste zone. The competitive solicitation process will also be used to select up to five carters to provide containerized commercial waste collection services citywide. This process will identify the carters that can provide high quality service at low prices. The resulting contracts will include standards for pricing, customer service, safety, environmental health, and requirements to promote the City’s commitment to recycling and sustainability. Commercial waste zones will apply to the collection of commercial refuse, recyclables, and source-separated organic waste. It will exclude specialized or intermittent waste streams, such as construction and demolition debris, medical waste, hazardous waste and other types of waste that will continue to be collected and managed under existing City and State regulations. Under the new commercial waste zones system, instead of dozens of different carters operating in a City neighborhood on a given night, only a few carters will operate in each area. With fewer trucks on the streets and shorter routes, zoned collection will also mean improved traffic and air quality and less unsafe driving behavior and worker fatigue. Citywide, the adoption of the commercial waste zones system will dramatically reduce truck traffic associated with this industry by 50 percent. This system will improve the quality of life of all New Yorkers, serve the needs of the City’s local businesses, and support the City’s short and long-term goals for a cleaner, safer, and more sustainable city. DSNY’s authority to promulgate these rules is found in New York City Charter §§ 753 and 1043, and Administrative Code § 16-1001.

Subject: 

.Designation of Commercial Waste Zones

Location: 
125 Worth Street, 2nd Floor Auditorium
125 Worth Street
New York , NY 10013
Contact: 

(646) 885-5006