L.L. 2013/056

Enactment date: 8/12/2013

Int. No. 889-A

By Council Members James, Williams, Dromm, Koo, Koppell, Mendez, Lappin, Gentile, Levin, Gennaro, Van Bramer, Jackson and Halloran

A Local Law to amend the administrative code of the city of New York, in relation to the unlawful removal or acceptance of recyclable material.

Be it enacted by the Council as follows:

Section 1. Legislative findings and intent. The Council finds that it is important to the general welfare and economic vitality of the City to have a robust residential and commercial recycling program. Unfortunately, there has been an increase in the theft of recyclable material placed curbside for collection by the Department of Sanitation (DSNY) or private carters by persons utilizing motor vehicles. Additionally, the City does not receive recyclables from certain large residential and institutional buildings. Such activity has a negative economic impact on the City, jeopardizes the stability and integrity of the City's residential and commercial recycling program and makes it more difficult to achieve the City's recycling goals. Furthermore, there has been a dramatic increase in the theft of recyclable material containing refrigerants placed curbside by residents for DSNY removal. Theft of this material likely means that the chlorofluorocarbons (CFCs) and other refrigerants present in this material are not being properly removed pursuant to the Clean Air Act. To address these issues, the Council finds that it is necessary to strengthen the laws against the unlawful removal of recyclable material and bolster DSNY's collection from residential and institutional buildings.

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[Consolidated provisions are not included in this Appendix A]

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§ 5. Notwithstanding paragraph two of subdivision a of section 16-461 of chapter 4-C of title 16 of the administrative code of the city of New York, as added by section four of this local law, an agreement for the collection of recyclable material entered into prior to June 26, 2013, shall terminate on the date provided therein or shall be deemed to terminate on June 26, 2015, whichever date is earlier, provided, however, that if such agreement terminates prior to June 26, 2015, it may be renewed once for a period ending no later than June 26, 2015.

§ 6. This local law shall take effect one hundred twenty days after enactment, except that paragraph two of subdivision a of section 16-461, subdivision c of section 16-461, paragraph three of subdivision a of section 16-464, subdivision c of section 16-464, and subdivision h of section 16-464, as added by section four of this local law, and section five of this local law, shall take effect immediately; and provided that the commissioners of sanitation and consumer affairs, and the chairperson of the business integrity commission, may take such actions as are necessary for the implementation of this local law, including promulgation of rules, on and after the date of enactment.