Use of Certain Receptacles by Entities Receiving Curbside Collection from a Private Carter

Effective date: October 4, 2024

Proposed Rule Full Text
DSNY-Proposed-Rule-Relating-to-the-Use-of-Certain-Receptacles-by-Entities-Receiving-Curbside-Collection-from-a-Private-Carter.pdf

Adopted Rule Full Text
DSNY-Notice-of-Adoption-of-Rule-Relating-to-the-Use-of-Certain-Receptacles-by-Entities-Receiving-Curbside-Collection-from-a-Private-Carter.pdf

Hearing transcript
124566_8.8.24_NYC-Department-of-Sanitation-Public-Hearing-2-1wi.pdf

Adopted rule summary:

DSNY rules currently allow for all commercial establishments that receive curbside collection from a private carter to set out their waste and recyclable materials within one hour of closing, provided that the scheduled collection occurs before the establishment next reopens for business and only if such materials are placed out for collection in receptacles with tight-fitting lids. Those establishments that place materials out for collection in bags, regardless of the time they close, may place such materials at the curb no earlier than 8:00 p.m.

DSNY rules currently require that all commercial establishments set out any putrescible solid waste at the curb for private carter collection in rigid containers with tight-fitting lids. This new rule would amend this rule and expand this requirement to include any entity, and not just commercial establishments, that receives private carter collection. Non-commercial establishments that receive private carter collection may request a waiver from the Department from such requirements if compliance would create a public safety hazard for pedestrians or pose an unreasonable hardship. Examples of such non-commercial establishments include office buildings and hospitals. A waiver would be available to non-commercial establishments receiving private carter collection but not to commercial establishments because commercial establishments were already subject to containerization requirements before the adoption of this rule without being eligible for a waiver and the non-commercial establishments receiving private carter collection include very large buildings which are more likely to struggle with existing container solutions. Instructions relating to such waiver requests would be outlined on the Department’s website. There will also be an appeals process for those buildings or entities that are denied such waiver request. The rule also eliminates the category of “chain stores” as it no longer applies since all commercial establishments are now covered. Additionally, this rule prohibits the use of a Department authorized bin by any entity that receives private carter service. Such authorized bins are only to be used by those that receive DSNY collection service.

These changes are a part of the City’s commitment to cleaning up New York City streets and reducing food sources for rats. All entities that receive private carter collection, other than commercial establishments, are generators of putrescible waste, including organics, and bags of waste set out for collection on the curb, even when in compliance with existing waste set out requirements, attract rats and vermin and are unsightly. Requiring everyone receiving private carter collection who produces any amount of food waste to place their putrescible waste in sealed containers will meaningfully limit potential food sources for vermin while also helping to keep our sidewalks free of unattractive piles of black bags.

These changes align with other City initiatives to increase the use of containers for waste storage and collection, creating cleaner, more livable, and more vibrant streets and neighborhoods across New York City.