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(a) No person shall transport, store or dispose of waste containing asbestos or cause or permit any person to transport, store or dispose of such waste, except as in accordance with the provisions of this section.
(b) Waste containing asbestos shall not be presented for transport, storage or disposal unless at the site of generation such waste is:
(1) wet down in a manner sufficient to prevent all visible emissions of asbestos dust into the air;
(2) sealed while wet in leak-tight containers which shall bear either:
(i) a warning label which states: "CAUTION Contains Asbestos – Avoid Opening or Breaking Container Breathing Asbestos is Hazardous to Your Health", or
(ii) such other warning label as may be authorized by federal law or regulation; and
(3) quantitatively documented on a form approved by the commissioner, expressed by either volume, weight or container (bag);
(4) kept separate from any other waste.
(c) Waste which contains asbestos shall not be stored unless prior authorization, in such form and manner as the commissioner may prescribe by regulation, is received from the department.
(d) Whenever waste containing asbestos is stored prior to disposal such waste shall be inspected not less than once in every twenty-four hour period so as to ensure that there are no visible emissions of asbestos dust into the air. If such inspection reveals visible emissions of asbestos dust into the air, the waste shall be wet down and repackaged by placing the existing container into a leak-tight container so as to prevent any further emissions into the air.
(e) (1) Waste containing asbestos shall be disposed of in the City only at sites approved by the commissioner;
(2) in cases of asbestos disposed of in City approved disposal sites, the Department of Sanitation shall indicate on the appropriate form, the quantity of asbestos received, expressed either by volume, weight or container (bag). A copy of this form shall be forwarded to the Department of Environmental Protection.
(f) The commissioner shall have the authority to adopt rules and regulations to effectuate the purposes of this section.
(g) (1) Any violation of this section or of any rule or regulation adopted pursuant to this section shall constitute an offense punishable by a fine of not less than five hundred dollars and not more than twenty-five thousand dollars, or by imprisonment not to exceed one year, or by both such fine and imprisonment.
(2) In addition to any other criminal or civil penalty authorized by law, any violation of this section or any rule or regulation adopted pursuant to this section shall be punishable by a civil penalty of not less than five hundred dollars and not more than twenty-five thousand dollars. Such penalty may be recovered in a civil action brought in the name of the commissioner or in a proceeding before the environmental control board.
1. (a) No person shall litter, sweep, throw or cast, or direct, suffer or permit any servant, agent, employee, or other person under his or her control, to litter, sweep, throw or cast any ashes, garbage, paper, dust or other rubbish and refuse of any kind whatsoever, in or upon any street or public place, vacant lot, air shaft, areaway, backyard court, park, or alley.
(b) No person shall spit upon a sidewalk of a street or public place, or on a floor, wall or stairway of any public or private building or premises used in common by the public, or in or on any public transportation facility.
2. (a) Every owner, lessee, tenant, occupant or person in charge of any building or premises shall keep and cause to be kept the sidewalk, flagging and curbstone abutting said building or premises free from obstruction and nuisances of every kind, and shall keep said sidewalks, flagging, curbstones, and air shafts, areaways, backyards, courts and alleys free from garbage, refuse, rubbish, litter, debris and other offensive material. Such persons shall also remove garbage, refuse, rubbish, litter, debris and other offensive material between the curbstone abutting the building or premises and the roadway area extending one and one-half feet from the curbstone into the street on which the building or premises front. Such persons shall not, however, be responsible for cleaning the garbage, refuse, rubbish, litter, debris and other offensive material which accumulates at catch basins located within the one and one-half foot distance from the curbstone into the street.
(b) Every owner, lessee, tenant or person in charge of any vacant lot shall keep and cause to be kept the sidewalk, flagging and curbstone abutting said vacant lot free from obstruction and nuisances of every kind, and shall keep said sidewalks, flagging and curbstones free from garbage, refuse, rubbish, litter, debris and other offensive material. Every owner, lessee, tenant or person in charge of any vacant lot shall keep and cause to be kept said vacant lot free from garbage, refuse, rubbish, litter, debris and other offensive material. Such persons shall also remove garbage, refuse, rubbish, litter, debris and other offensive material between the curbstone abutting the vacant lot and the roadway area extending one and one-half feet from the curbstone into the street on which the vacant lot fronts. Such persons shall not, however, be responsible for cleaning the garbage, refuse, rubbish, litter, debris and other offensive material which accumulates at catch basins located within the one and one-half foot distance from the curbstone into the street.
3. No lime, ashes, coal, dry sand, hair, waste paper, feathers, or other substance that is in a similar manner liable to be blown by the wind, shall be sieved, agitated, or exposed, nor shall any mat, carpet, or cloth be shaken or beaten, nor shall any cloth, yarn, garment, material or substance be scoured or cleaned, nor shall any rags, damaged merchandise, barrels, boxes, or broken bales of merchandise or goods be placed, kept, or exposed in any place where they or particles therefrom will pass into any street or public place, or into any occupied premises, nor shall any usual or any reasonable precautions be omitted by any person to prevent fragments or any substances from falling to the detriment or peril of life or health, or dust or light material flying into any street, place, or building, from any building or erection, while the same is being altered, repaired or demolished, or otherwise. In demolishing any building or part thereof, the material to be removed shall be properly wet in order to lay dust incident to its removal.
4. No one, being the owner, or in charge or in control of any vehicle, or of any receptacle, shall litter, drop or spill, or permit to be littered, dropped or spilled any dirt, sand, gravel, clay, loam, stone or building rubbish, hay, straw, oats, sawdust, shavings or other light materials of any sort, or manufacturing, trade or household waste, refuse, rubbish of any sort, or ashes, manure, garbage, or other organic refuse or other offensive matter, in or upon any street or public place.
5. [Repealed.]
6. No swill, brine, offensive animal matter, noxious liquid, or other filthy matter of any kind, shall be allowed by any person to fall upon or run into any street, or public place, or be taken to or put therein.
7. No person shall prevent, or otherwise interfere with, the sweeping or cleaning of any street, the removal of snow or ice from any street or the collection or removal of any solid waste or recyclable material from any street, by any employee of the department.
8. The violation of any provision of this section shall constitute an offense punishable by a fine of not less than fifty dollars nor more than two hundred fifty dollars, or by imprisonment not to exceed ten days, or both; provided that the violation of subdivision 1 of this section, or the violation of subdivision 6 of this section by means of the act of public urination, shall constitute an offense punishable only by a fine of not less than fifty dollars nor more than two hundred fifty dollars, or by imprisonment not to exceed one day.
9. Any person violating the provisions of this section shall be liable for a civil penalty in the following amounts, provided that for the purposes of this subdivision, the term "first violation" means any number of violations issued for a single incident:
a. (1) not less than $50 and not more than $250 for a first violation, except that the civil penalty shall be not less than $250 and not more than $350 for a second violation of subdivision 4 or 6 of this section within any 12 month period, and not less than $350 and not more than $450 for a third or subsequent violation of subdivision 4 or 6 of this section within any 12 month period;
(2) notwithstanding subparagraph (1) of paragraph a of this subdivision, $50 for a first violation of paragraph (a) of subdivision 2 or of subdivision 3 of this section, or of any rules promulgated pursuant thereto, $100 for a second violation of such paragraph or subdivision or of any rules promulgated pursuant thereto within any 12 month period, and $100 for a third or subsequent violation of such paragraph or subdivision or of any rules promulgated pursuant thereto within any 12 month period; and
(3) notwithstanding subparagraphs (1) and (2) of paragraph a of this subdivision, where the owner, occupant, lessee, tenant, or person in charge of any commercial, manufacturing, or industrial building, including any mixed-use building, but excluding any solely residential building, has violated the provisions of paragraph (a) of subdivision 2 of this section, or of any rules promulgated thereto, such owner, occupant, lessee, tenant, or person in charge shall be liable for a civil penalty of $50 for the first violation, $300 for the second violation committed on a different day within any 12 month period, and $500 for the third and each subsequent violation committed on a different day within any 12 month period;
b. notwithstanding paragraph a of this subdivision, for any natural person violating subdivision 6 of this section by means of the act of public urination:
(1) 75 dollars for a first violation, and
(2) not less than 250 and not more than 350 dollars for any second violation within any 12 month period, and
(3) not less than 350 and not more than 450 dollars for any third violation within any 12 month period;
c. notwithstanding paragraph a of this subdivision, for any natural person violating subdivision 1 of this section:
(1) 75 dollars for a first violation, and
(2) 300 dollars for any second violation within any 12 month period, and
(3) 400 dollars for any third violation within any 12 month period; and
d. notwithstanding paragraph a of this subdivision, for any natural person violating subdivision 4 of this section:
(1) 200 dollars for a first violation; and
(2) 350 dollars for any second violation within any 12 month period; and
(3) 450 dollars for any third violation within any 12 month period.
10. In the instance where a notice of violation is issued for breach of the provisions of this section and sets forth thereon civil penalties only, such process shall be returnable to the office of administrative trials and hearings pursuant to section 1049-a of the charter.
11. In the event that a violator fails to answer such notice of violation within the time provided therefor by the rules and regulations of the environmental control board, a tribunal of the office of administrative trials and hearings, pursuant to section 1049-a of the charter, he or she shall become liable for additional penalties. The additional penalties shall not exceed four hundred fifty dollars for each violation, provided that such penalties imposed for a violation of this section for the act of public urination shall not exceed 150 percent of the penalties enumerated in paragraph b of subdivision 9 of this section, and further provided that such penalties imposed for violations of subdivision 1 of this section shall not exceed 150 percent of the penalties enumerated in paragraph c of subdivision 9 of this section.
(Am. L.L. 2016/075, 6/13/2016, eff. 8/12/2016; Am. L.L. 2018/131, 7/29/2018, eff. 11/26/2018; Am. L.L. 2018/137, 7/29/2018, eff. 11/26/2018; Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021; Am. L.L. 2024/067, 6/22/2024, eff. 12/19/2024)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/076, L.L. 2007/050, L.L. 2013/056, L.L. 2016/075, L.L. 2021/080 and L.L. 2024/067.
a. The department shall implement a citywide routing system for residential premises for the enforcement of subdivision two of section 16-118 of this code, as such subdivision relates to the cleaning of sidewalks, flagging, curbstones, airshafts, backyards, courts, alleys and roadway areas by owners, lessees, tenants, occupants or persons in charge of any such premises, and for commercial premises for the enforcement of such subdivision as such subdivision relates to cleaning of sidewalks, flagging, curbstones and roadway areas by owners, lessees, tenants, occupants or persons in charge of such premises. The citywide enforcement routing system shall limit the issuance of notices of violation, appearance tickets or summonses within any sub-district of a local service delivery district to predetermined periods of a total of no more than two hours each day, provided that each such predetermined period shall be one hour. The department shall establish a citywide schedule of periods for issuing notices of violation, appearance tickets or summonses for commercial premises in each district and shall give written notice to the owners, lessees, tenants, occupants or persons in charge of such premises in each district of the periods for the district in which their premises are located by the use of flyers, community meetings or such other techniques as the commissioner reasonably determines to be useful. The two one-hour predetermined periods for issuing notices of violation, appearance tickets or summonses for residential premises shall be from 8:00 a.m. until 9:00 a.m. and from 6:00 p.m. until 7:00 p.m.
b. Notwithstanding the provisions of subdivision a of this section, the commissioner may provide an additional predetermined period of one hour per day during which notices of violation, appearance tickets or summonses may be issued in any sub-district within a local service delivery district upon the commissioner's determination that the total of two hours otherwise permitted by this section is not sufficient to maintain the sidewalks, flagging, curbstones and roadways in such sub-districts in an adequately clean condition. Such determination shall be based upon a finding that there has been a decline in the average street cleanliness ratings compiled by the mayor's office of operations for such district for the most recent three-month period as compared to the average street cleanliness ratings compiled by the mayor's office of operations for the same three-month period in fiscal year nineteen hundred ninety. Notice of any increase in the number of hours during which notices of violation, appearance tickets or summonses can be issued or of any change in such hours shall be given by letter to the community board, the owners, lessees, tenants, occupants or persons in charge of any premises in the affected sub-districts within a local service delivery district and every council member representing the local service delivery district no less than forty-five days prior to the implementation of such increase or change. Any additional notice may be given by use of letters, flyers, community meetings or such other techniques as the commissioner reasonably determines to be useful. Written notice to a council member shall be sent to the council member's district office.
c. For the purpose of this section, the following terms shall have the following meanings: (i) "local service delivery district" means a local service delivery district as described in of the charter of the city of New York; (ii) "sub-district" means a section within a local service delivery district as described in of the charter of the city of New York; and (iii) "commercial premises" means any premises abutting the sidewalk at which goods or services are sold directly to consumers or other businesses, and may, in appropriate instances to be determined by the commissioner, also include any other class of real property that is used for the conduct of any business, trade or profession; and (iv) "residential premises" means those portions of premises used predominantly for residential purposes, other than hotels, that abut the sidewalk and do not constitute commercial premises.
d. Within fifteen months after the effective date of this section, the commissioner shall submit to the mayor and the council a report on the results of the citywide enforcement routing system for the twelve month period commencing on the first day of the first full month after the effective date of this section.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1990/031.
a. It shall be unlawful for any person, his or her agent, employee or any person under his or her control to suffer or permit any amount of dirt, sand, gravel, clay, loam, stone, rocks, rubble, building rubbish, sawdust, shavings or trade or household waste, refuse, ashes, manure, garbage, rubbish or debris of any sort or any other organic or inorganic material or thing or other offensive matter being transported in a dump truck or other vehicle to be dumped, deposited or otherwise disposed of in or upon any sidewalk, street, lot, park, public place, wharf, pier, dock, bulkhead, slip, navigable waterway or other area whether publicly or privately owned.
b. Any person who violates the provisions of this section while engaged in commercial activities shall be liable to arrest and upon conviction thereof shall be deemed guilty of a misdemeanor and shall be punished by a fine of $4,000 for the first offense and $9,000 for any subsequent offense or by imprisonment not to exceed 90 days or by both such fine and imprisonment.
c. (1) Any person who violates the provisions of subdivision a of this section shall also be liable for a civil penalty of $4,000 for the first offense, $9,000 for the second offense within any eighteen-month period and $18,000 for each subsequent offense within any eighteen-month period. In addition, every owner of a dump truck or other vehicle shall be liable for a civil penalty of $4,000 for the first offense, $9,000 for the second offense within any eighteen-month period and $18,000 for each subsequent offense within any eighteen-month period of unlawful dumping described in subdivision a of this section by any person using or operating the dump truck or other vehicle, in the business of such owner or otherwise, with the permission, express or implied, of such owner. It shall not be a defense for any owner of a dump truck or other vehicle that the person using or operating the dump truck or other vehicle in violation of this section is a member of the owner's immediate family, including, but not limited to, spouse, domestic partner, sibling, child, grandchild, parent or grandparent.
(2) Any owner, owner-operator or operator who is found in violation of this section in a proceeding before the environmental control board and who shall fail to pay the civil penalty imposed by such environmental control board shall be subject to the suspension of his or her driver's license, privilege to operate or vehicle registration or renewal thereof imposed pursuant to section twelve hundred twenty-a of the vehicle and traffic law, in addition to any other civil and criminal fines and penalties set forth in this section.
(3) As used in this subdivision, the terms "owner", "owner-operator" and "operator" shall have the meaning set forth in subdivision one of section twelve hundred twenty-a of the vehicle and traffic law.
(4) The provisions of this section may also be enforced by the commissioner of small business services and the commissioner of environmental protection with respect to wharfs, piers, docks, bulkheads and slips located on waterfront property, and navigable waterways.
(5) If the department, the department of small business services or the department of environmental protection has established that material transported in a dump truck or other vehicle has been dumped, deposited or otherwise disposed of in violation of subdivision a of this section, there shall be a rebuttable presumption that the person whose name, or other identifying information, appears on any such material has violated such subdivision if the department, the department of small business services or the department of environmental protection establishes that such person owns or has control of (i) such dump truck or other vehicle or (ii) any dump truck.
d. In the instance where the notice of violation, appearance ticket or summons is issued for a breach of the provisions of subdivision a of this section and sets forth thereon civil penalties only, such process shall be returnable to the environmental control board, which board shall have the power to impose the civil penalties hereinabove provided in subdivision c of this section, provided further, that, notwithstanding any other provision of law, the environmental control board shall have such powers and duties as are set forth under section twelve hundred twenty-a of the vehicle and traffic law.
e. (1) Any dump truck or other vehicle that has been used or is being used to violate the provisions of this section shall be impounded by the department and shall not be released until either all removal charges and storage fees and the applicable fine have been paid or a bond has been posted in an amount satisfactory to the commissioner or as otherwise provided in paragraph (2) of this subdivision. The commissioner shall have the power to establish regulations concerning the impoundment and release of vehicles and the payment of removal charges and storage fees for such vehicles, including the amounts and rates thereof.
(2) In addition to any other penalties provided in this section, the interest of an owner as defined in subdivision c of this section in any vehicle impounded pursuant to paragraph (1) of this subdivision shall be subject to forfeiture upon notice and judicial determination thereof if such owner (i) has been convicted of or found liable for a violation of this section in a civil or criminal proceeding or in a proceeding before the environmental control board two or more times, both of which violations were committed within an eighteen month period or (ii) has been convicted of or found liable for a violation of this section in a civil or criminal proceeding or in a proceeding before the environmental control board if the material unlawfully dumped is a material identified as a hazardous waste or an acute hazardous waste in regulations promulgated pursuant to section 27-0903 of the environmental conservation law.
(3) Except as hereinafter provided, the city agency having custody of a vehicle, after judicial determination of forfeiture, shall no sooner than thirty days after such determination upon a notice of at least five days, sell such forfeited vehicle at public sale. Any person, other than an owner whose interest is forfeited pursuant to this section, who establishes a right of ownership in a vehicle, including a part ownership or security interest, shall be entitled to delivery of the vehicle if such person:
(i) redeems the ownership interest which was subject to forfeiture by payment to the city of the value thereof; and
(ii) pays the reasonable expenses of the safekeeping of the vehicle between the time of seizure and such redemption; and
(iii) asserts a claim within thirty days after judicial determination of forfeiture. Notwithstanding the foregoing provisions establishment of a claim shall not entitle such person to delivery of the vehicle if the city establishes that the unlawful dumping for which the vehicle was seized was expressly or impliedly permitted by such person.
f. Rewards.
(1) Where a notice of violation, appearance ticket or summons is issued for a violation of subdivision a of this section based upon a sworn statement by one or more individuals and where the commissioner determines, in the exercise of his or her discretion, that such sworn statement, either alone or in conjunction with testimony at a civil or criminal proceeding or in a proceeding before the environmental control board, results in the conviction of or the imposition of a civil penalty upon any person for a violation of subdivision a of this section, the commissioner shall offer as a reward to such individual or individuals an amount that, in the aggregate, is equal to:
(i) fifty percent of any fine or civil penalty collected; or
(ii) five hundred dollars when a conviction is obtained, but no fine or civil penalty is imposed.
(2) Where a notice of violation, appearance ticket or summons is issued for a violation of subdivision a of this section based upon information furnished by an individual or individuals and where the commissioner determines, in the exercise of his or her discretion, that such information, in conjunction with enforcement activity conducted by the department or another governmental entity, results in the conviction of or the imposition of a civil penalty upon any person for a violation of subdivision a of this section, the commissioner shall offer as a reward to such individual or individuals an amount that, in the aggregate, is:
(i) up to fifty percent of any fine or civil penalty collected; or
(ii) up to five hundred dollars when a conviction is obtained, but no fine or civil penalty is imposed. In determining the amount of the reward, the commissioner shall consider factors that include, but are not limited to: (a) the quantity and type of the material dumped, deposited or otherwise disposed of; (b) the specificity of the information provided, including, but not limited to, the license plate number, make or model or other description of the dump truck or other vehicle alleged to have been used and the location, date or time of the alleged violation; (c) whether the information provided by the individual or individuals identified one or more violations of subdivision a of this section; and (d) whether the department has knowledge that violations of subdivision a of this section have previously occurred at that location.
(3) No peace officer, employee of the department or of the environmental control board, or employee of any governmental entity that, in conjunction with the department, conducts enforcement activity relating to a violation of subdivision a of this section shall be entitled to obtain the benefit of any such reward or obtain the benefit of such reward when acting in the discharge of his or her official duties.
g. In addition to the foregoing penalties the offender shall be required to clear and clean the area upon which the offender dumped unlawfully within ten days after conviction thereof. In the event the offender fails to clear and clean the area within such time such clearing and cleaning may be done by the department or under the direction of the department by a private contractor and the cost of same shall be billed to the offender. In the event that the department has cleaned or cleared the area, or has caused the area to be cleaned or cleared by a private contractor prior to the offender's conviction, the offender shall be responsible for the cost of such clearing and or cleaning. Payment by such offender when required by this subdivision shall be made within ten days of demand by the department.
h. The commissioner shall post a sign in any area where the commissioner deems appropriate because of instances of illegal dumping. Such sign shall state the penalties for illegal dumping and the reward provisions therein.
(Am. L.L. 2018/134, 7/29/2018, eff. 7/29/2018; Am. L.L. 2018/135, 7/29/2018, eff. 9/27/2018.
a. 1. The owner, lessee, agent, occupant or other person who manages or controls a building or dwelling shall provide and maintain in accordance with this section separate receptacles for the deposit of incinerator residue and ashes; refuse, and liquid waste. The receptacles shall be provided for the exclusive use of each building or dwelling and shall be of sufficient size and number to contain the wastes accumulated in such building or dwelling during a period of 72 hours. The receptacles shall be made of metal or other material of a grade and type acceptable to the department, the department of health and mental hygiene and the department of housing preservation and development. Receptacles used for liquid waste shall be constructed so as to hold their contents without leakage. Metal containers shall be provided with tight fitting metal covers.
2. (a) Where the conditions precedent and requirements set forth in subparagraphs (b) and (c) of this paragraph are satisfied and apply, respectively, the receptacles used to meet the requirements set forth in paragraph 1 of this subdivision shall be of a material or design approved by the department, department of health and mental hygiene and department of housing preservation and development to minimize rodent access and harborage.
(b) (1) The requirements set forth in subparagraph (a) of this paragraph apply to a building or dwelling to which two or more notices of violation have been issued pursuant to section 151.02 of the New York city health code within a 12-month period, provided that such a notice of violation that has been dismissed by the office of administrative trials and hearings shall not be counted in determining whether such requirements apply, and such a notice of violation for which an appeal is pending at such office shall not be counted unless and until such office has upheld such notice of violation.
(2) The requirements set forth in subparagraph (a) of this paragraph begin to apply on the date that the department notifies the owner of record of such building or dwelling that any combination of the following has occurred that amounts to two violations: (i) the owner has admitted the violation, (ii) the owner has defaulted on the violation, and the time to reopen the case has expired, or (iii) the office of administrative trials and hearings has upheld the notice of violation.
(3) The requirements set forth in subparagraph (a) of this paragraph continue to apply until two years have elapsed following such notification by the department, provided that the occurrence of a new violation that may be counted in accordance with clause (1) of this subparagraph extends the duration of applicability until two years have elapsed following the date of the new violation as indicated in the corresponding new notice of violation.
(c) (1) The requirements set forth in subparagraph (a) of this paragraph apply to a building or dwelling to which two or more notices of violation relating to the presence of rats have been issued pursuant to section 27-2017.4 of the housing maintenance code, provided that a violation that the owner of record of such building or dwelling has certified as corrected within the correction period indicated on the notice of violation shall not be counted in determining whether such requirements apply unless the department of housing preservation and development has identified such certification as false.
(2) The requirements set forth in subparagraph (a) of this paragraph begin to apply on the date that the department notifies the owner of record of such building or dwelling that the two violations triggering such requirements have occurred.
(3) The requirements set forth in subparagraph (a) of this paragraph continue to apply until two years have elapsed following such notification by the department, provided that the occurrence of a new violation that may be counted in accordance with clause (1) of this subparagraph extends the duration of applicability of such requirements until two years have elapsed following the date of such new violation as indicated in the corresponding new notice of violation.
(d) The department may waive the requirements set forth in subparagraph (a) of this paragraph for a building or dwelling if the owner of record or managing agent of such building or dwelling demonstrates to the satisfaction of the department that compliance with such provisions would (i) create an undue burden on such owner of record or managing agent or (ii) create a public safety hazard because the sidewalk on which a receptacle is placed would be substantially obstructed by such receptacle during the time it is set out for purposes of removal of waste material. The department shall make such waiver in writing and share such waiver with the owner of record or managing agent of such building or dwelling, the relevant community board, the department of health and mental hygiene and the department of housing preservation and development.
b. Ashes and incinerators residue, refuse and liquid wastes shall be separated and placed into separate receptacles. No receptacle when filled shall weigh more than one hundred pounds.
c. 1. Incinerator residue, ashes, refuse and liquid waste shall be stored in the building or dwelling or at the rear of the building or dwelling as may be required by the department of health and mental hygiene or the department of housing preservation and development until time for removal and kept in tightly covered metal receptacles or containers made of other materials of a type and grade acceptable to the department, the department of health and mental hygiene, and the department of housing preservation and development. After the contents have been removed by the department or other collection agency any receptacles remaining shall be removed from the front of the building or dwelling before 9:00 p.m. on the day of collection, or if such collection occurs after 4:00 p.m., then before 9:00 a.m. on the day following collection. The receptacles shall at all times be kept covered or closed and kept in a manner satisfactory to the department, the department of health and mental hygiene, and in the case of residential premises, the department of housing preservation and development. No receptacles, refuse, incinerator residue or ashes, or liquid waste shall be kept so as to create a nuisance. Yard sweepings, hedge cuttings, grass, leaves, earth, stone or bricks shall not be mixed with household wastes.
2. Notwithstanding paragraph 1 of this subdivision, the department may set by rule requirements for the set-out of solid waste or recyclable material for collection by the department. Such requirements shall prioritize:
(a) Minimizing rodent harborage associated with such waste or material set-out; and
(b) Minimizing the amount of time that such waste or material is placed at the curb prior to collection by the department.
3. Notwithstanding paragraphs 1 and 2 of this subdivision, if the department sets by rule requirements for the set-out of solid waste or recyclable material pursuant to paragraph 2 of this subdivision, the department shall set by rule alternative requirements for the set-out of solid waste or recyclable material for collection by the department for multiple dwellings containing nine or more dwelling units, in furtherance of the goals identified in subparagraphs (a) and (b) of paragraph 2 of this subdivision, provided that any such requirements allow such multiple dwellings to opt in to such requirements and provided further that any such requirements allow for solid waste or recyclable material to be set out for collection by the department no more than four hours prior to the start of the scheduled collection shift. Such four hour time shall not apply to solid waste or recyclable material that is stored in a receptacle that is kept covered or closed in a manner to prevent rodent harborage and in a manner satisfactory to the department, the department of health and mental hygiene and the department of housing preservation and development. Any multiple dwelling that does not opt in to such requirements, or that opts out of such requirements, shall be subject to the requirements set by rule pursuant to paragraph 2 of this subdivision.
d. Newspapers, wrapping paper or other light refuse or rubbish which is likely to be blown or scattered about the streets shall be securely bundled, tied or packed before being placed for collection. Such material shall be kept and placed for collection in the same manner as the receptacles.
e. (1) No person shall deposit household or commercial refuse or liquid wastes in a public litter basket placed on the streets by the department or any other person. There shall be a rebuttable presumption that the person whose name, or other identifying information, appears on any household or commercial refuse or liquid wastes deposited in such public litter basket violated this paragraph.
(2) No person shall place household or commercial refuse in or upon any sidewalk, street, lot, park, public place, wharf, pier, dock, bulkhead, slip, navigable waterway or other area whether publicly or privately owned, except in accordance with rules of the department relating to collection (i) by the department or (ii) by a private carter that is required to be licensed or registered pursuant to chapter 1 of title 16-A of the code. There shall be a rebuttable presumption that the person whose name, or other identifying information, appears on any household or commercial refuse placed in or upon any sidewalk, street, lot, park, public place, wharf, pier, dock, bulkhead, slip, navigable waterway or other area whether publicly or privately owned violated this paragraph.
f. Any person violating the provisions of this section, except subdivision e, shall be liable for a civil penalty of $50 for the first violation, $100 for a second violation within any twelve-month period, and $200 for a third or subsequent violation within any twelve-month period. Any person violating the provisions of paragraph (1) of subdivision e of this section shall be liable for a civil penalty of $100 for the first violation, $250 for a second violation within any twelve-month period, and $350 for a third or subsequent violation within any twelve-month period. Any person violating the provisions of paragraph (2) of subdivision e of this section shall be liable for a civil penalty $75 for the first violation, $300 for a second violation within any twelve-month period, and $400 for a third or subsequent violation within any twelve-month period.
g. In the instance where a notice of violation is issued for breach of the provisions of this section such process shall be returnable to the environmental control board, which shall have the power to impose the civil penalties provided in subdivision f of this section.
h. In the event that a person fails to answer such notice of violation within the time provided therefor by the environmental control board, that person shall become liable for additional penalties. The additional penalties shall be $300 for each violation.
i. Nothing herein contained shall be construed to supersede, substitute for or abrogate the provisions of article one hundred fifty-three of the health code or article five of subchapter two of chapter two of title twenty-seven of the code.
(Am. L.L. 2018/135, 7/29/2018, eff. 9/27/2018; Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021; Am. L.L. 2022/110, 11/18/2022, eff. 11/18/2022; Am. L.L. 2022/111, 11/18/2022, eff. 4/1/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/080 and L.L. 2022/111.
a. It shall be unlawful for any person to store, treat, transport or dispose of or to cause to be stored, treated, transported or disposed of any regulated medical waste or other medical waste except in the manner prescribed in the public health law, the environmental conservation law, or any rules or regulations promulgated pursuant thereto and the New York city health code and any regulations of the city department of health and the city department of sanitation. In addition, it shall be unlawful for any person to dispose of or to cause to be disposed of any regulated medical waste within the solid waste disposal system of the city, provided that the department may accept at its incinerators classes of regulated medical waste that were accepted at such incinerators as of June twenty-first, nineteen hundred eighty-nine if it has obtained all necessary authorizations required by law to incinerate such classes of regulated medical waste. In addition, it shall be unlawful to dispose of or to cause to be disposed of any laboratory waste or surgical waste as defined in this section, or classes of regulated medical waste that were accepted at department incinerators as of June twenty-first, nineteen hundred eighty-nine, whether or not such laboratory waste, surgical waste or other classes of regulated medical waste have been autoclaved or subjected to a similar decontamination technique other than incineration, in the landfills of the city.
b. For purposes of this section, the following terms shall have the following meanings:
1. Regulated medical waste means any waste that is generated in the diagnosis, treatment or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals, when listed as follows, provided, however, that regulated medical waste shall not include any hazardous waste identified or listed pursuant to section 27-0903 of the environmental conservation law or any household waste as defined in regulations promulgated under such section:
i. cultures and stocks of infectious agents and associated biologicals, including cultures from medical and pathological laboratories, cultures and stocks of infectious agents from research and industrial laboratories, wastes from the production of biologicals, discarded live and attenuated vaccines, and culture dishes and devices used to transfer, inoculate, and mix cultures;
ii. human pathological wastes, including tissues, organs, body parts and body fluids that are removed during surgery or autopsy or other medical procedures, and specimens of body fluids and their containers;
iii. waste human blood and products of blood, including serum, plasma, and other blood components and their containers;
iv. sharps that have been used in animal or human patient care or in medical, research, or industrial laboratories, including hypodermic needles, syringes, pasteur pipettes, broken glassware and scalpel blades, blood vials, test tubes, needles with attached tubing, and such unused sharps that have been discarded;
v. contaminated animal carcasses, body parts, and bedding of animals that were known to have been exposed to infectious agents during research, production of biologicals, or testing of pharmaceuticals;
vi. wastes from surgery or autopsy that were in contact with infectious agents, including soiled dressings, sponges, drapes, lavage tubes, drainage sets, underpads, and surgical gloves;
vii. laboratory wastes from medical, pathological, pharmaceutical, or other research, commercial, or industrial laboratories that were in contact with infectious agents, including slides and cover slips, disposable gloves, laboratory coats and aprons;
viii. dialysis wastes that were in contact with the blood of patients undergoing hemodialysis or renal dialysis, including contaminated disposable equipment and supplies such as tubing, filters, disposable sheets, towels, gloves, aprons and laboratory coats;
ix. biological waste and discarded materials contaminated with blood, excretion, exudates or secretion from human beings or animals who are isolated to protect others from highly communicable diseases;
x. any other waste material designated by the administrator of the United States environmental protection agency as a regulated medical waste under the provisions of the medical waste tracking act of 1988, 42 U.S.C. § 6992, et seq., and the regulations promulgated pursuant thereto; and
xi. any other waste material included in the list of regulated medical wastes established in regulations promulgated by the state commissioner of environmental conservation pursuant to section 27-1502 of the environmental conservation law. For purposes of this paragraph, "infectious agents" shall be limited to those organisms that cause disease or an adverse health impact to humans.
2. Laboratory waste means all matter that is discarded from clinical, pathological or research laboratory areas at which activities are required to be conducted or supervised by persons licensed by the city or state to provide health, medical, pharmaceutical or laboratory services.
3. Other medical waste means laboratory waste and surgical waste as defined in paragraphs two and six of this subdivision.
4. Person means any individual, partnership, company, corporation, association, firm, organization, or any other group of individuals, or any officer or employee or agent thereof, provided that person shall not mean any individual who generates regulated household waste, and provided further that where a person authorized by law to transport regulated medical waste transports waste pursuant to an agreement with a generator of regulated medical waste or other medical waste, such person shall not be considered an agent of such generator for purposes of this paragraph.
5. Regulated household waste means any item that may cause punctures or cuts that is used in the administration of medication and is disposed of with residential solid waste, including but not limited to intravenous tubing and syringes with needles attached. Regulated household waste shall not include such items generated by persons licensed by the city or state to provide health, medical, pharmaceutical or laboratory services at facilities where such services are performed, but shall include any such items generated in the course of home health care.
6. Surgical waste means all materials discarded from surgical procedures and includes, but is not limited to, disposable gowns, shoe covers, masks, headcovers, gloves and sponges.
c. No solid waste of any person required to be licensed by the city or state to provide health, medical, pharmaceutical or laboratory services shall be collected or received by the department for disposal unless such person has executed a certification that to the best of his or her knowledge or belief such waste does not contain any material for which such disposal is unlawful.
d. The commissioner in conjunction with the commissioner of health and mental hygiene shall promulgate and implement regulations, consistent with the laws of this state, governing the safe disposal of regulated household waste. Any violation of such regulations shall be punishable only by a civil penalty of not less than fifty dollars nor more than two hundred fifty dollars.
e. Any person who generates any quantity of regulated medical waste shall file with the commissioner a copy of any annual reports or additional reports required to be submitted by such person to the commissioner of environmental conservation pursuant to paragraph d of subdivision one of section 27-1510 of the environmental conservation law or paragraph (d) of subdivision two of section 1389-bb of the public health law. Such reports shall be filed with the commissioner within fifteen days of submission to the commissioner of environmental conservation.
f. Any person who generates regulated medical waste or other medical waste shall file with the department a "solid waste removal plan." Such plan shall include at a minimum:
1. the name, address and telephone number of the person or facility generating such waste;
2. the name, address, telephone number and permit number(s) of the transporter of such waste;
3. the name, address and telephone number of the disposal site(s) for such waste;
4. an estimate of the quantity of such waste produced and disposed of monthly; and
5. any other information required by regulation of the commissioner or the commissioner of health and mental hygiene. An amended plan shall be filed within fifteen days of the time when any information in a plan that is filed with the department changes, or when the commissioner or the commissioner of health requires by regulation additional information.
g. The commissioner of sanitation or health and mental hygiene or an authorized agent of such commissioner may enter upon public or private property for the purpose of conducting inspections or investigations necessary for the exercise of the powers or the performance of the duties of such commissioners pursuant to this section, including the inspection of documents or records relating to the storage, treatment, transportation or disposal of regulated medical waste or other medical waste required to be maintained by local, state or federal law, provided that such commissioner or agent may not inspect records containing medical information privileged under the laws of this state without all authorizations required by such laws, and that such commissioner or agent shall make reasonable efforts not to interfere with patient care activities. Such entry may be made without a warrant during regular and usual business hours upon property used for nonresidential purposes, including but not limited to the provision of health, medical, pharmaceutical or laboratory services, provided that such use is related to the generation, storage or disposal of regulated medical waste, or at other times upon such property in response to any immediate threat to the health or safety of one or more individuals, or of the public, that arises from the generation, storage or disposal of regulated medical waste upon such property. Warrantless inspection or investigation pursuant to this subdivision shall extend only to: (i) waste storage areas; (ii) documents or records relating to storage, treatment, transportation or disposal of regulated medical waste, including documents or records required to be maintained by local, state or federal law; (iii) bags and containers for the disposal of regulated medical waste; (iv) documents or records identifying the number and origin of specimens of human tissues, organs and fluids that constitute regulated medical waste, other than records containing medical information privileged under the laws of this state; and (v) any other inspection or investigation necessary to respond to an immediate threat to the health or safety of one or more individuals, or of the public, arising from generation, storage or disposal of regulated medical waste upon such property. Refusal to permit entry pursuant to this subdivision, where the commissioner of sanitation or health and mental hygiene or an authorized agent of such commissioner has obtained a warrant for such entry or is authorized by this subdivision to inspect or investigate without a warrant, shall be a misdemeanor punishable by not more than thirty days imprisonment, or by a fine of not more than one hundred dollars or both.
h. 1. In addition to any other enforcement procedures authorized by law, the commissioner, with the written approval of the commissioner of health and mental hygiene, shall be authorized to order in writing that premises on which activity in violation of this section is occurring be closed if the commissioner finds that continuing activity on such premises would result in generation, storage or disposal of regulated medical waste or other medical waste in a manner posing an imminent threat to the public health or safety, provided that no facility licensed, permitted or certificated pursuant to article twenty-eight of the public health law or part thereof or facility providing inpatient services or part thereof may be closed pursuant to this subdivision. Such premises may be opened at any time by any person otherwise lawfully entitled to enter such premises in response to an immediate threat to the health or safety of one or more individuals, or of the public. For the purpose of this subdivision, the determination whether an imminent threat to the public health or safety exists shall be based on factors that include but are not limited to: (i) the quantity of regulated medical waste, the generation, storage or disposal of which is in violation of this section; (ii) the types of such regulated medical waste; and (iii) the risk of harm to the public or the environment.
2. Issuance of an order pursuant to this subdivision may occur prior to a hearing and determination whether a violation of the provisions of this section has occurred and whether there exists an imminent threat to the public health or safety, or during such hearing, or up to two business days after the conclusion of such hearing, provided that: (i) where such issuance occurs prior to such hearing and determination, such hearing shall be held within two business days of such issuance and such determination shall be rendered within twenty-four hours of the conclusion of such hearing; (ii) where such issuance occurs during such hearing, such determination shall be rendered within twenty-four hours of the conclusion of such hearing; and (iii) where such issuance occurs after the conclusion of such hearing but prior to such determination, such determination shall be made within twenty-four hours of such issuance. Any order issued pursuant to this subdivision may continue in effect after a finding of violation and imminent threat until the commissioner permits such premises to be opened pursuant to paragraph five of this subdivision.
3. Orders of the commissioner issued pursuant to this subdivision shall be posted at the premises on which the activity in violation of this subdivision has occurred.
4. Immediately upon the posting of an order issued pursuant to this subdivision, officers and employees of the department and officers of the New York city police department shall be authorized to act upon and enforce such order.
5. Where premises have been closed by order of the commissioner issued pursuant to this subdivision, the owner or lessee of such premises, or the authorized agent thereof, may at any time submit to the commissioner: (i) a written affirmation that such owner or lessee is in compliance with the provisions of this section and will maintain such compliance; and (ii) where such premises are used in the generation of waste for transport of which a legally authorized regulated medical waste transporter is required by law, proof of legal authorization to transport such waste or proof of agreement with a legally authorized regulated medical waste transporter to have such waste transported, or proof that such waste is lawfully treated on such premises so as not to require such authorization or agreement. Upon receipt of such affirmation and proof, the commissioner shall within one business day either permit such premises to be opened or issue a written determination that such owner or lessee is not in compliance with or has not instituted procedures sufficient to remain in compliance with the provisions of this section, or that such proof of legal authorization or agreement is insufficient.
6. It shall be a misdemeanor for any person or other individual to open or cause to be opened any premises closed in accordance with an order of the commissioner, except in response to an immediate threat to the health or safety of one or more individuals, or of the public.
i. 1. For the purpose of this subdivision, the following terms shall have the following meanings:
i. "Abandonment" means the intentional relinquishment or forsaking of all possession or control of any substance.
ii. "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of any substance so that such substance or any related constituent thereof may enter the environment, or the abandonment of any substance.
iii. "Environment" means any water, water vapor, any land including land surface or subsurface air, fish, wildlife, biota and all other natural resources.
iv. "Intentionally, knowingly, recklessly and criminal negligence" shall have the same meanings as defined in section 15.05 of the penal law.
2. i. Any person who violates any provisions of this section other than subdivision d shall be guilty of a violation and, upon conviction thereof, shall be punished by a fine not to exceed five thousand dollars per day of violation, or by imprisonment for a term of not more than fifteen days, or by both such fine and imprisonment.
ii. Any person who intentionally, knowingly or recklessly violates any provisions of this section other than subdivision d shall be guilty of a misdemeanor, and upon conviction thereof, shall for a first conviction be punished by a fine not to exceed fifteen thousand dollars per day of violation or by imprisonment for a term of not more than ninety days, or both such fine and imprisonment. If the conviction is for an offense committed after a first conviction of such person under this subparagraph, within the preceding five years, punishment shall be by a fine not to exceed fifty thousand dollars per day of violation, or by imprisonment for not more than one year or by both such fine and imprisonment.
3. Any person who with criminal negligence engages in conduct in violation of this section other than subdivision d which causes the release to the environment of regulated medical waste shall be guilty of a misdemeanor punishable by a fine of not more than fifteen thousand dollars or by imprisonment for not more than ninety days or by both such fine and imprisonment.
4. Any person who recklessly or knowingly engages in conduct in violation of this section other than subdivision d which causes the release to the environment of regulated medical waste shall be guilty of a misdemeanor punishable by a fine of not more than fifty thousand dollars or by imprisonment for not more than one year or both such fine and imprisonment.
5. In addition to any other penalties provided under paragraph one of this subdivision or any other provisions of law, any violation of the provisions of this section other than subdivision d shall be punishable by a civil penalty of not less than twenty-five hundred dollars nor more than ten thousand dollars for the first violation, not less than five thousand dollars nor more than ten thousand dollars for the second violation, and ten thousand dollars for the third and any subsequent violation. Civil penalties shall be recovered in a civil action brought in the name of the commissioner or in a proceeding before the environmental control board. For the purposes of this paragraph, each bag or container of solid waste with a capacity of not larger than one cubic yard shall constitute a separate violation of this section.
6. Notwithstanding paragraphs one, two, three, four and five of this subdivision, failure to file an annual or additional report pursuant to subdivision e of this section or failure to file a solid waste removal plan or an amended plan pursuant to subdivision f of this section shall be punishable only by a civil penalty of not less than fifty dollars nor more than two hundred fifty dollars if such report or plan is filed within thirty days of the filing deadlines set forth in such subdivisions.
7. Any affirmative defense available under title forty-four of article twenty-seven of the environmental conservation law shall be available in any prosecution or proceeding pursuant to this section that alleges a violation of title fifteen of article twenty-seven of the environmental conservation law or any rules or regulations promulgated pursuant thereto.
j. The commissioner shall promulgate and implement regulations providing that where an individual furnishes information that, in the opinion of the commissioner, results in a conviction or the imposition of a fine or civil penalty for a violation of any provision of this section, the commissioner shall offer as a reward to said individual, out of unexpended appropriations therefor:
i. fifty percent of any fine or penalty collected; or
ii. five hundred dollars when a prison sentence but no fine or civil penalty is imposed.
k. The commissioner shall suspend the use of the city's solid waste disposal system by any person licensed by the city or state to provide health, medical, pharmaceutical or laboratory services upon whom a notice of violation of this section has been served pending a hearing on and a finding as to liability for the violation. Such hearing shall be held within two business days after such suspension and a finding as to liability for the violation shall be made within twenty-four hours of the conclusion of such hearing. If a violation has been found, the commissioner shall continue such suspension for, in the case of a first occurrence, not less than one week, in the case of a second occurrence, committed within an eighteen month period, not less than one month and, in the case of a third and each subsequent occurrence, committed within an eighteen month period, not less than three months. In calculating such eighteen month period any period of suspension shall be excluded. For purposes of this subdivision any solid waste introduced into the solid waste disposal system of the city under one certification executed pursuant to subdivision c of this section shall constitute an occurrence.
l. In addition to the department, the department of health and mental hygiene shall enforce the provisions of this section, other than subdivisions h, j, and k of this section. This section shall not be construed to restrict in any manner the regulatory or enforcement authority conferred upon any agency of the city by any other provision of state or local law.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/076.
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