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Proposed Rules: Closed to Comments

Comment By: 
Tuesday, March 13, 2018
Proposed Rules Content: 


Statement of Basis and Purpose of Proposed Rule

 Businesses, also known as commercial establishments, in New York City are required to recycle in accordance with the Department of Sanitation’s (“DSNY”) commercial recycling rules following the passage of Local Law No. 87 of 1992, which amended § 16-306 of the Administrative Code (“the Code”).  BIC regulates private carters who collect and dispose of putrescible (commonly referred to as “garbage”) and non-putrescible (commonly referred to as “recyclables”) waste from commercial establishments in New York City that must recycle designated recyclable materials, including paper, cardboard, metal, glass, and plastic.

Under Local Law 146 of 2013, codified in § 16-306.1 of the Code, the Sanitation Commissioner must evaluate, at least annually, whether there exists sufficient regional organics waste processing capacity to require that certain food-generating businesses in the City, or a subset of them, must engage in alternative methods for handling organic waste separated by businesses.

If based on its annual evaluation, DSNY determines that there is sufficient organics processing capacity available to allow for an increase in food waste diversion, DSNY may expand existing requirements to include more large food-generating businesses in the city, known as “designated covered establishments”.  In 2017, DSNY determined that there is currently sufficient organics processing capacity available to allow for an increase in food waste diversion, and, through its own rulemaking, will expand the existing requirement to additional large food-generating businesses in the city.

Businesses added by the new DSNY requirements must separate their organic waste for collection and handling by their private carters (which BIC regulates), transport organic waste themselves, or manage it on-site using in-vessel composting or aerobic or anaerobic digestion systems (subject to compliance with the City’s sewer discharge regulations).

The proposed rule also includes some plain language revisions.  

DSNY’s rules regarding the definition of “designated covered establishments” is set forth under § 1-11 of Chapter 1 of Title 16 of the Rules of the City of New York.

The proposed BIC rule reflects the proposed DSNY rule regarding the definition of “designated covered establishment.”

Additionally, BIC proposes to amend the rules regarding requirements for containers and decals that may be provided by licensees to designated covered establishments.

BIC’s authority for these rules is found in sections 1043(a) and 2101(b) of the New York City Charter.


Business Integrity Commission - Public Hearing
Organic Waste Source Separation Requirements for Private Carters

100 Church Street 2nd Floor, Conference Room Number 2-160C
New York, NY 10007

Salvador Arrona at