DSNY Subscribe to RSS - DSNY

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

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Food scraps and other organic waste make up more than one-third of all commercial waste in New York City. Diverting this material from landfills to produce soil enhancing compost, or as an energy source through aerobic and anaerobic digesters, is a key component of the City’s goal of sending zero waste to landfills. 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, whether there exists sufficient regional organic waste processing capacity to require that certain food-generating businesses in the City, or a subset of them, engage in source separation of organic waste and ensure its beneficial use through composting, anaerobic digestion or other process as approved by the Commissioner. DSNY has determined that there is currently sufficient organics processing capacity available to allow for an increase in food waste diversion and thus proposes to apply the requirement to additional large food-generating businesses in the city. These businesses would be required to separate their organic waste for collection and handling either by engaging private carters, transporting organic waste themselves, or managing the waste on-site using in-vessel composting or aerobic or anaerobic digestion systems (subject to compliance with the City’s sewer discharge regulations). A designated covered establishment could also donate food to a third party (such as a charitable organization) that would otherwise be thrown away, sell or donate the food to a farmer for feedstock, or sell or donate meat by-products to a rendering company (one that converts animal fats into lard). Food disposed of through such donations or sales would not be included within the meaning of “organic waste” as defined in DSNY’s existing rules (§ 1-01 of Chapter 1 of Title 16). The proposed amendments to the existing rule provide that the following types of establishments would be “designated covered establishments” and would have to comply with the source separation, storage, labeling and set out requirements for organic waste set forth in Section 1-11 of Title 16 of the Rules of the City of New York (“Section 1-11”): 1) any building or premises where food service establishments having a total combined floor area of at least eight thousand square feet are located and where the owner of the building or premises, or its agent, arranges or contracts with a private carter for the removal of waste from food service establishments having at least eight thousand square feet of such building or premises; 2) a location at which a food preparation establishment has a floor area of at least six thousand square feet; 3) a catering establishment that is required to provide for the removal of waste pursuant to Administrative Code § 16-116 whenever the anticipated attendance for any particular event is greater than one hundred persons; and 4) sponsors of a temporary public event with an anticipated attendance of greater than five hundred persons per day, excluding activities conducted pursuant to a valid permit for filming, demonstration, parade, or block parties. Additionally, the proposed rule would change the criteria regarding certain covered establishments previously designated under Section 1-11 as follows: 1) a food service establishment located in a hotel having at least one hundred sleeping rooms, which would be lowered from the current requirement of one hundred fifty sleeping rooms, in addition to removing the requirement that such food service establishment operate under common ownership or control of such hotel and receive waste collection from the same private carter that services the hotel; 2) a food service establishment that has a floor area space of at least seven thousand square feet, which would be lowered from the current requirement of fifteen thousand feet; 3) a food service establishment that is part of a chain of two or more locations in New York City, which have a combined floor area of at least eight thousand square feet and that (i) operate under common ownership or control; (ii) are individually franchised outlets of a parent business; or (iii) do business under the same corporate name, which would be lowered from the current requirement of a chain of one hundred or more locations in the City; and 4) a retail food store that has a floor area space of at least ten thousand square feet, or any retail food store that is part of a chain of three or more retail food stores that have a combined floor area space of at least ten thousand square feet, which would be lowered from the current requirement of twenty-five thousand square feet, and that operate under common ownership or control and receive waste collection from the same private carter. DSNY’s authority to promulgate these rules is found in New York City Charter §§ 753 and 1043, and Administrative Code § 6-306.1.

Effective Date: 
Fri, 07/31/2020

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

Proposed Rules: Closed to Comments (View Public Comments Received:5)

Agency:
Comment By: 
Wednesday, November 20, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule Food scraps and other organic waste make up more than one-third of all commercial waste in New York City. Diverting this material from landfills to produce soil enhancing compost, or as an energy source through aerobic and anaerobic digesters, is a key component of the City’s goal of sending zero waste to landfills. 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, whether there exists sufficient regional organic waste processing capacity to require that certain food-generating businesses in the City, or a subset of them, engage in source separation of organic waste and ensure its beneficial use through composting, anaerobic digestion or other process as approved by the Commissioner. DSNY has determined that there is currently sufficient organics processing capacity available to allow for an increase in food waste diversion and thus proposes to apply the requirement to additional large food-generating businesses in the city. These businesses would be required to separate their organic waste for collection and handling either by engaging private carters, transporting organic waste themselves, or managing the waste on-site using in-vessel composting or aerobic or anaerobic digestion systems (subject to compliance with the City’s sewer discharge regulations). A designated covered establishment could also donate food to a third party (such as a charitable organization) that would otherwise be thrown away, sell or donate the food to a farmer for feedstock, or sell or donate meat by-products to a rendering company (one that converts animal fats into lard). Food disposed of through such donations or sales would not be included within the meaning of “organic waste” as defined in DSNY’s existing rules (§ 1-01 of Chapter 1 of Title 16). The proposed amendments to the existing rule provide that the following types of establishments would be “designated covered establishments” and would have to comply with the source separation, storage, labeling and set out requirements for organic waste set forth in Section 1-11 of Title 16 of the Rules of the City of New York (“Section 1-11”): 1) any building or premises where food service establishments having a total combined floor area of at least eight thousand square feet are located and where the owner of the building or premises, or its agent, arranges or contracts with a private carter for the removal of waste from food service establishments having at least eight thousand square feet of such building or premises; 2) a location at which a food preparation establishment has a floor area of at least six thousand square feet; 3) a catering establishment that is required to provide for the removal of waste pursuant to Administrative Code § 16-116 whenever the anticipated attendance for any particular event is greater than one hundred persons; and 4) sponsors of a temporary public event with an anticipated attendance of greater than five hundred persons per day, excluding activities conducted pursuant to a valid permit for filming, demonstration, parade, or block parties. Additionally, the proposed rule would change the criteria regarding certain covered establishments previously designated under Section 1-11 as follows: 1) a food service establishment located in a hotel having at least one hundred sleeping rooms, which would be lowered from the current requirement of one hundred fifty sleeping rooms, in addition to removing the requirement that such food service establishment operate under common ownership or control of such hotel and receive waste collection from the same private carter that services the hotel; 2) a food service establishment that has a floor area space of at least seven thousand square feet, which would be lowered from the current requirement of fifteen thousand feet; 3) a food service establishment that is part of a chain of two or more locations in New York City, which have a combined floor area of at least eight thousand square feet and that (i) operate under common ownership or control; (ii) are individually franchised outlets of a parent business; or (iii) do business under the same corporate name, which would be lowered from the current requirement of a chain of one hundred or more locations in the City; and 4) a retail food store that has a floor area space of at least ten thousand square feet, or any retail food store that is part of a chain of three or more retail food stores that have a combined floor area space of at least ten thousand square feet, which would be lowered from the current requirement of twenty-five thousand square feet, and that operate under common ownership or control and receive waste collection from the same private carter. DSNY’s authority to promulgate these rules is found in New York City Charter §§ 753 and 1043, and Administrative Code § 6-306.1.

Subject: 

Proposed Expansion of Organic Waste Source Separation Program

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

You can submit comments to DSNY through the NYC rules website at http://rules.cityofnewyork.us. You can email comments to nycrules@dsny.nyc.gov.
You can mail comments to DSNY, Bureau of Legal Affairs, 125 Worth Street, Room 710, New York, NY 10013. You can fax comments to DSNY at 212-788-3876.

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, June 5, 2019
Proposed Rules Content: 

City of New York

Office of Administrative Trials and Hearings

Environmental Control Board

 

Notice of Public Hearing and Opportunity to Comment on Proposed Rule

What are we proposing? The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) proposes to repeal in their entirety the following penalty schedules: the Recycling – Sanitation Collection Rules Penalty Schedule, the Sanitation Asbestos Rules Penalty Schedule, the Sanitation Penalty Schedule, and the Vehicle and Traffic Law Penalty Schedule. These schedules are located in Sections 3-120, 3-121, 3-122, and 3-125 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY), and contain penalties for summonses issued by the New York City Department of Sanitation (DSNY). OATH ECB also proposes to repeal certain provisions of its Environmental Conservation Law Penalty Schedule (48 RCNY § 3-105) and its Public Safety Graffiti Penalty Schedule (48 RCNY § 3-119), which are also enforced by DSNY. DSNY is proposing a related rule with a penalty schedule incorporating the violations from the above-referenced penalty schedules that do not have fixed penalties in the Administrative Code of the City of New York.  

When and where is the Hearing? OATH ECB will hold a public hearing on the proposed rule. The public hearing will take place from 10:00 a.m. through 11:00 a.m. on June 5, 2019. The hearing will be in the OATH 10th Floor Conference Room located at 66 John Street, 10th Floor, New York, NY 10038.

How do I comment on the proposed rules? Anyone can comment on the proposed rule by:

 

 

 

  •         Mail.  You can mail written comments to OATH, Attention: Simone Salloum, Senior Counsel, 100 Church Street, 12th Floor, New York, NY 10007.

 

  •        Fax. You can fax written comments to OATH, Attention: Simone Salloum, Senior Counsel, at (212) 361-1900.

 

  •        Hearing.  You can speak at the hearing. Anyone who wants to comment on the proposed rule at the public hearing must sign up to speak. You can sign up before the hearing by calling OATH at (212) 436-0708, or you can also sign up in the hearing room before the hearing begins on June 5, 2019. You can speak for up to three (3) minutes.

Is there a deadline to submit written comments? You may submit written comments up to 5:00 p.m. on June 5, 2019.

What if I need assistance to participate in the Hearing? You must tell us if you need a reasonable accommodation of a disability at the Hearing. You must tell us if you need a sign language interpreter. You can tell us by mail at 100 Church Street, 12th Floor, New York, NY 10007. You may also call OATH by telephone at (212) 436-0708 to request a reasonable accommodation. Advance notice is requested to allow sufficient time to arrange accommodations.  Please tell us by May 29, 2019.

This location has the following accessibility option(s) available: Wheelchair Accessible.

Can I review the comments made on the proposed rule? You can review the comments that have been submitted online by visiting the NYC rules website at http://rules.cityofnewyork.us/. A few days after the hearing, a transcript of the hearing and copies of the written comments will be available to the public at OATH, 66 John Street, 10th Floor, New York, NY 10038.

What authorizes OATH ECB to make this rule? Section1049-a of the New York City Charter (City Charter) authorizes OATH ECB to make this proposed rule. This proposed rule is included in OATH’s regulatory agenda for this Fiscal Year.

Where can I find OATH ECB’s rules? OATH ECB’s rules are in Title 48 of the Rules of the City of New York.

What laws govern the rulemaking process? OATH ECB must meet the requirements of Section 1043(b) of the City Charter when creating or changing rules. This notice is made according to the requirements of Sections 1043(b) and 1049-a of the City Charter.

Statement of Basis and Purpose of Proposed Rule

The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) proposes to repeal in their entirety the following penalty schedules:

  •          Recycling – Sanitation Collection Rules Penalty Schedule (48 RCNY § 3-120). This penalty schedule contains recycling violations of sections 1-08, 1-09, and 1-10 of Title 16 of the RCNY applicable to residential premises, city agencies and institutions, and private carter-collected waste.  This penalty schedule also contains a violation of section 16-324(a) of the Administrative Code of the City of New York (Administrative Code) concerning repeat recycling violations.
  •          Sanitation Asbestos Rules Penalty Schedule (48 RCNY § 3-121). This penalty schedule contains violations of Chapter 8 of Title 16 of the RCNY relating to the storage, transportation, and disposal of waste containing asbestos.
  •          Sanitation Penalty Schedule (48 RCNY § 3-122). This penalty schedule contains violations of Titles 10 and 16 of the Administrative Code; Chapters 1, 3, 4, 5, 11, and 17 of Title 16 of the RCNY; and section 397-a of the New York State General Business Law.
  •          Vehicle and Traffic Law Penalty Schedule (48 RCNY § 3-125). This penalty schedule contains violations of New York State Vehicle and Traffic Law, relating to abandoning a vehicle and the illegal placement of handbills on windshields or under windshield wipers of vehicles.

OATH ECB proposes to repeal from the Public Safety Graffiti Penalty Schedule (48 RCNY § 3-119) the violation of Administrative Code section 10-117.3(b) for failure to remove graffiti. OATH ECB also proposes to repeal from Environmental Conservation Law Penalty Schedule (48 RCNY § 3-105) the violation of New York State Environmental Conservation Law section 27-1701(3) for improper disposal of a lead acid battery.

DSNY is proposing a related rule with a penalty schedule that incorporates the violations in the above-referenced penalty schedules that do not have fixed penalties in the Administrative Code, and instead have range penalties.  DSNY is not incorporating violations into its proposed rule that have fixed penalties in the Administrative Code. 

The context for this proposed repeal is that OATH ECB is in the process of repealing all penalty schedules in its rules codified at Subchapter G of Chapter 3 of Title 48 of the RCNY so that they can be incorporated into the rules of the agencies having rulemaking and policymaking authority over the laws underlying the violations. Such repeals will also serve OATH’s core function of adjudication and help alleviate the false public perception that OATH is an enforcement agency, rather than a neutral tribunal.

Although OATH ECB is empowered to impose penalties under the New York City Charter and has until recent years promulgated penalty schedules, the regulatory and enforcement agencies have the necessary expertise to determine appropriate penalties for violation of the rules and of the laws within their jurisdiction based on the severity of each violation and its effect on City residents. Moving the penalty schedule to the enforcement agency’s rules will also make it easier for the public to find the penalties, which will be located within the same chapter as the rules supporting the violations alleged in the summonses. Finally, the proposed rule repeal will speed up the rulemaking process by eliminating the need for OATH ECB approval of proposed or amended penalties for agency rules that have already been established by the legislature and/or that have already undergone the City Administrative Procedure Act (CAPA) process by the enforcement agency.  The public will still have the opportunity to comment on proposed penalties during that process.

Working with the City’s rulemaking agencies, the Law Department, the Mayor’s Office of Management and Budget, and the Mayor’s Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that could 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 repeal was identified as meeting the criteria for this initiative.

Section 1. The Recycling – Sanitation Collection Rules Penalty Schedule rule, found in Section 3-120 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED.

§ 2. The Sanitation Asbestos Rules Penalty Schedule rule, found in Section 3-121 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED.

§ 3. The Sanitation Penalty Schedule rule, found in Section 3-122 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED.

§ 4. The Vehicle and Traffic Law Penalty Schedule rule, found in Section 3-125 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED.

§ 5. The Public Safety Graffiti Penalty Schedule, found in Section 3-119 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is amended by repealing the following entry:

 

Section/Rule

Description

Penalty

Default

[A.C. 10-117.3(b)

Failure to remove graffiti

150

300]

 

§ 6. The Environmental Conservation Law Penalty Schedule, found in Section 3-105 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is amended by repealing the following entry:

 

Section/Rule

Description

Penalty

Default

[NYS Env. Cons. Law 27-1701(3)

Improper disposal of lead acid battery

50

50]

 

 

Subject: 

.

Location: 
OATH ECB 10th Floor Conference Room
66 John Street, 10th Fl. 10th Floor Conference Room
New York, NY 10038
Contact: 

OATH Rules, 212-436-0708

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Saturday, December 1, 2018
Proposed Rules Content: 

City of New York

Office of Administrative Trials and Hearings

Notice of Opportunity to Comment on Proposed Rule

What are we proposing? The Office of Administrative Trials and Hearings (OATH) proposes amending the table in subsection (a) of section 7-02 of chapter 7 of title 48 of the Rules of the City of New York, to reflect the new monetary penalties set forth in section 16-118(9) of the Administrative Code of the City of New York for second and third violations of littering, sweep-out, throw-out, and spitting, as amended by Local Law 131 of 2018, and to correct an error in a rule citation. 

When and where is the Hearing? OATH will not hold a public hearing on this proposed rule pursuant to New York City Charter section 1043(e)(iii) on the grounds that a public hearing would serve no public purpose. OATH has no discretion over the new monetary penalties set forth in Administrative Code section 16-118(9), which are replicated in this proposed rule.

How do I comment on the proposed rules? Anyone can comment on the proposed rule by:

 

 

  •          Mail.  You can mail written comments to OATH, Attention: Simone Salloum, Senior Counsel, 100 Church Street, 12th Floor, New York, NY 10007.

 

  •          Fax. You can fax written comments to OATH, Attention: Simone Salloum, Senior Counsel, at 646-500-5742.

Is there a deadline to submit written comments? You may submit written comments up to 5:00 p.m. on December 1, 2018.

Can I review the comments made on the proposed rule? You can review the comments that have been submitted online by visiting the NYC rules website at http://rules.cityofnewyork.us/. Copies of the written comments will be available to the public at OATH, 66 John Street, 10th Floor, New York, NY 10038.

What authorizes OATH to make this rule? Section1049(4)(g) of the New York City Charter (city charter) authorizes OATH to make this proposed rule. This proposed rule was not included in OATH’s regulatory agenda for this Fiscal Year because it was not anticipated at the time OATH published its regulatory agenda.

Where can I find OATH’s rules? OATH’s rules are in title 48 of the Rules of the City of New York.

What laws govern the rulemaking process? OATH must meet the requirements of Section 1043(b) of the city charter when creating or changing rules. This notice is made according to the requirements of Sections 1043(b) and 1049(4)(g) of the city charter.

Statement of Basis and Purpose of Proposed Rule

The Office of Administrative Trials and Hearings (OATH) proposes amending the table in subsection (a) of section 7-02 of chapter 7 of title 48 of the Rules of the City of New York (RCNY) to reflect the new monetary penalties set forth in section 16-118(9) of the Administrative Code of the City of New York (Administrative Code) for second and third violations of Administrative Code section 16-118(1) (littering, sweep-out, throw-out, and spitting), as amended by Local Law 131 of 2018.

Section 7-02(a) includes a table of violations eligible for community service, the monetary civil penalty, and the corresponding community service hour requirement. Effective November 28, 2018, Local Law 131 of 2018 amends section 16-118(9) to remove the penalty ranges for second and third violations of section 16-118(1) and sets a fixed penalty of $300 for a second violation, and $400 for a third violation of that provision. This proposed amendment reflects the increase in these penalties. 

The proposed amendments also correct an error in the citation to 56 RCNY section 1-04(i), related to unleashed/uncontrolled animals in the park. 

Pursuant to city charter section 1043(d)(4)(ii), this proposed rule is exempt from the certification requirements of section 1043(d).

Subject: 

.

Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose The Department of Sanitation is amending its rule relating to the criteria used in the siting of solid waste transfer stations. Specifically, this rule would provide that the 400-foot buffer requirement between a proposed transfer station and a public park or parkway would not apply to certain limited Bronx River Parkway lands abutting an active railroad line. This amendment is very narrowly tailored to modify the Department’s siting rules to take into account the particular circumstances of a single industrial district in the northern Bronx. It will allow DSNY to consider a private applicant’s proposal to site a non-putrescible solid waste transfer station to process construction and demolition debris waste in this industrial district. The district currently does not have any solid waste transfer stations. The district and proposed transfer station site are within 400 feet of the Bronx River Parkway. A certain strip of the Parkway lands within such 400 feet (Block 5130 Lot 125) is New York City parkland that adjoins the Parkway roadbed that is located in Yonkers. This strip of Parkway land is within the jurisdiction of the Department of Parks and Recreation. The strip is traversed by the Bronx River but has no street or way across it. The strip abuts the Metro North Harlem River Line railroad corridor that includes rail tracks. This amendment would be consistent with the intent of the transfer station siting rules to avoid the siting of new transfer stations—with a potential for truck traffic and related noise—within 400 feet of sensitive land uses. A Bronx River Parkway lot that is adjacent to the busy multi-lane Parkway roadway and abuts an active railroad line is not a noise-sensitive location for this purpose, and therefore does not warrant an automatic minimum 400-foot buffer distance to a non-putrescible transfer station. The amendment would provide flexibility to DSNY to consider an application for a proposed transfer station within the existing industrial zone that is within 400 feet of Block 5130 Lot 125 of the Bronx River Parkway. Any proposed transfer station would be sited in an industrial zone consistent with the New York City Zoning Resolution, and would be subject to environmental review, including consideration of potential impacts. DSNY’s authority for these rules is found in sections 753 and 1043 of the New York City Charter, and sections 16-130, 16-131, 16-131.1 and 16-131.2 of the New York City Administrative Code.

Effective Date: 
Mon, 04/09/2018

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose Food scraps and other organic waste make up more than one-third of all commercial waste in New York City. Diverting this material from landfills to use for soil-enhancing compost, or as an energy source in aerobic and anaerobic digesters, is a key component of the City’s goal of sending zero waste to landfills by the year 2030. 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, 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 the businesses. DSNY determined that there is currently sufficient organics processing capacity available to allow for an increase in food waste diversion, and will expand the existing requirement to additional large food-generating businesses in the city. These businesses will be required to separate their organic waste for collection and handling by their private carters, 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). 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, which converts animal fats into lard. Food disposed of through such donations or sales is not within the meaning of “organic waste” under this rule. DSNY carefully considered all comments received. As a result, this rule provides that the following types of establishments will be “designated covered establishments” and must comply with the source separation, storage, labelling and set out requirements for organic waste set forth under Section 1-11 of Title 16 of the Rules of the City of New York: 1) a food service establishment that has a floor area space of at least fifteen thousand square feet; 2) a food service establishment that is part of a chain of one hundred or more locations in the city of New York and that (i) operate under common ownership or control; (ii) are individually franchised outlets of a parent business; or (iii) do business under the same corporate name; and 3) a retail food store that has a floor area space of at least twenty-five thousand square feet. The rule allows for waivers from the requirements under certain circumstances. The rule also clarifies the term “floor area” of an establishment to have the same meaning as defined by the New York City Department of City Planning under Section 12-10 of Chapter 2 of Article 1 of the Zoning Resolution, which is the sum of the gross areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the center lines of walls separating two buildings. The rule also amends the registration requirements for designated covered establishments that provide for a beneficial organic waste use on-site at their premises for some or all of the organic waste they generate. Such designated covered establishments would now have to renew annually their registration of any on-site organic waste processing equipment. Additionally, the term “sign”, as used in the rule, is clarified to include a decal provided to a designated covered establishment by the private carter that collects organic waste from such covered establishment, or a decal issued by the Department of Sanitation when the designated covered establishment manages organic waste on site at its premises. The area where employees undertake food preparation is also amended to read “employee work area”, but this area does not include break rooms or other areas where employees do not prepare food to be offered for sale by the establishment. DSNY’s authority for this rule is found in sections 753 and 1043 of the New York City Charter, and sections 16-306.1 of the New York City Administrative Code.

Effective Date: 
Wed, 08/15/2018

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, October 31, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

Food scraps and other organic waste make up more than one-third of all commercial waste in New York City. Diverting this material from landfills to use for soil enhancing compost, or as an energy source in aerobic and anaerobic digesters, is a key component of the City’s goal of sending zero waste to landfills by the year 2030. 

 

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, 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 the businesses. 

 

DSNY determined that there is currently sufficient organics processing capacity available to allow for an increase in food waste diversion, and will expand the existing requirement to additional large food-generating businesses in the city. These businesses will be required to separate their organic waste for collection and handling by their private carters, 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).  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, which converts animal fats into lard.  Food disposed of through such donations or sales is not within the meaning of “organic waste” under these proposed rules.

 

The proposed rule provides that the following types of establishments will be “designated covered establishments” and must comply with the source separation, storage, labelling and set out requirements for organic waste set forth under Section 1-11 of Title 16 of the Rules of the City of New York:

 

1)  a food service establishment that has a floor area space of at least seven thousand square feet;

 

2)  a food service establishment that is part of a chain of fifty or more locations in the city of New York and that (i) operate under common ownership or control; (ii) are individually franchised outlets of a parent business; or (iii) do business under the same corporate name; and

 

3)  a retail food store that has a floor area space of at least ten thousand square feet, or any retail food store that is part of a chain of three or more retail food stores that have a combined floor area space of at least ten thousand square feet and that operate under common ownership or control and receive waste collection from the same private carter.

 

The proposed rules allows for waivers from the requirements under certain circumstances.

 

The proposed rule also clarifies the term “floor area” of an establishment to have the same meaning as defined by the New York City Department of City Planning under Section 12-10 of Chapter 2 of Article 1 of the Zoning Resolution, which is the sum of the gross areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the center lines of walls separating two buildings.

 

The proposed rule also amends the registration requirements for designated covered establishments that provide for a beneficial organic waste use on-site at their premises for some or all of the organic waste they generate. Such designated covered establishments would now have to renew annually their registration of any on-site organic waste processing equipment.

 

Additionally, the term “sign”, as used in the rule, is clarified to include a decal provided to a designated covered establishment by the private carter that collects organic waste from such covered establishment, or a decal issued by the Department of Sanitation when the designated covered establishment manages organic waste on site at its premises.  The area where employees undertake food preparation is also amended to read “employee work area”, but this area does not include break rooms or other areas where employees do not prepare food to be offered for sale by the establishment.      

 

DSNY’s authority for these rules is found in sections 753and 1043of the New York City Charter, and sections 16-306.1 of the New York City Administrative Code.

 

 

Subject: 

DSNY Proposed Rule Relating to the Expansion of Organic Waste Source Separation Requirements for Large Commercial Food Retailers and Food Service Establishments

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

(646) 885-5006

Proposed Rules: Closed to Comments (View Public Comments Received:6)

Agency:
Comment By: 
Thursday, October 19, 2017
Proposed Rules Content: 

The Department of Sanitation is proposing a rule that would amend its rules relating to the criteria used in the siting of solid waste transfer stations. Specifically, this rule would amend the definition of “public park” to exclude Bronx River Parkway lands abutting an active railroad line. This amendment is very narrowly tailored to clarify the Department’s siting rules and will facilitate the siting of a single non-putrescible solid waste transfer station in an industrially zoned area of the northern Bronx that currently does not have any solid waste transfer stations. The proposed transfer station site is within 400 feet of the Bronx River Parkway. A certain strip of the Parkway lands within such 400 feet (Block 5130 Lot 125) is New York City parkland that adjoins the Parkway roadbed that is located in Yonkers. This strip of Parkway land is within the jurisdiction of the Department of Parks and Recreation. The strip is traversed by the Bronx River but has no street or way across it. The strip abuts the Metro North Harlem River Line railroad corridor that includes rail tracks. The proposed amendment would be consistent with the intent of the transfer station siting rules to avoid the siting of new transfer stations—with a certain potential for noise and truck traffic—within 400 feet of sensitive land uses such as residences and parks. A Bronx River Parkway lot that is adjacent to a busy arterial roadway and abuts an active railroad line is not a noise-sensitive location for this purpose, and therefore does not warrant a minimum 400-foot buffer distance to a non-putrescible transfer station. DSNY’s authority for these rules is found in sections 753 and 1043 of the New York City Charter, and sections 16-130, 16-131, 16-131.1 and 16-131.2 of the New York City Administrative Code.

Subject: 

DSNY Proposed Rule Relating to the Criteria Used in the Siting of Solid Waste Transfer Stations

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

Madelynn Liguori (646) 885-4786

Pages