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a. In all cases where the sidewalk or roadway of a street shall be incumbered or obstructed by the caving in or falling off of any earth, rocks or rubbish, or anything whatever, from any lot adjoining such sidewalk or roadway, the owner or occupant of such lot, or the agent of such owner or occupant, shall cause such earth, rocks, rubbish or other thing to be removed and cleaned from such sidewalk or roadway, within three days after a written or printed notice shall have been served by the commissioner or a duly designated representative, on such owner, personally, or shall have been left at the place of residence of such owner in this city; or, if such owner does not reside in the city, and such notice shall not be personally served, then within twenty days after such notice to be sent by mail, addressed to such owner at his or her place of residence, or, when such residence is unknown to such commissioner, within twenty days after such notice shall have been posted in a conspicuous place on such premises.
b. If the owner, occupant or agent fails to comply with such notice, within the time specified in this section, after notice thereof, the commissioner shall cause the same to be removed at the expense of the owner, occupant or agent, and such expense shall be sued for and recovered in the name of the city.
c. The corporation counsel shall cause a statement of such cost and expense, together with the description of the premises, to be filed in the office of the register or county clerk of the appropriate county.
d. Any person convicted of a violation of any of the provisions of this section shall be punished by a fine of not less than fifty dollars nor more than two hundred fifty dollars, imprisonment for not more than ten days, or both.
e. Any person violating the provisions of this section shall be liable and responsible for a civil penalty of fifty dollars.
f. In the instance where the notice of violation, appearance ticket or summons is issued for a breach of the provisions of this section and sets forth thereon civil penalties only, such process shall be returnable to the environmental control board, which shall have the power to impose the civil penalties hereinabove provided in subdivision e of this section.
g. In the event that a violator fails to answer such notice of violation, appearance ticket or summons within the time provided therefor by the rules and regulations of the environmental control board, such violator shall become liable for additional penalties. The additional penalties shall not exceed fifty dollars for each violation.
(Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/080.
a. The commissioner shall remove, or cause to be removed, any vehicle, box, barrel, bale of merchandise or other movable property or article or thing whatsoever found upon any street, in accordance with regulations adopted by the board of estimate.
b. The board of estimate shall set forth, in such regulations, the procedures to be followed by the commissioner relating to:
1. the leasing of yards for storage of property removed under the authority of this section;
2. notification to the owner of the property removed, if such owner is ascertainable, that the property is being held by the commissioner;
3. redemption, by the owner, of the property removed;
4. reimbursement, by the owner, of the expenses of removal incurred by the commissioner;
5. the sale, by the commissioner, of the property held by him or her;
6. the keeping of records and accounts, the transmission of such records to the comptroller, and the transmission of funds collected to the commissioner of finance; and
7. such other regulations as the board of estimate may deem necessary to carry out the provisions of this section.
c. Such regulations shall not become effective until adopted by the board of estimate and filed, by the secretary of such board, with the city clerk, pursuant to section eleven hundred five of the charter.
The commissioner may require any person desiring to use some or all of the incinerators or other plants under his or her control to set apart for his or her use, for the disposal of manure, swill, ashes, street sweepings, bones, garbage, night soil, offal, fats, hides, hoofs or other refuse parts of slaughtered animals, refuse, rubbish, bodies of dead animals or any other offensive or noxious material, paper stock, or trade waste, to pay for the disposal of the same at rates established by the council by local law, upon recommendation of the commissioner, and on such terms and conditions as such commissioner shall prescribe and subject to rules governing the use of such incinerators or other plants, except as otherwise provided by section 16-203. The commissioner may make, adopt and promulgate rules to effectuate the purposes of this section.
The commissioner is authorized to collect fees for the disposal of yard waste and organic waste at department compost facilities. Such fees shall be set by rule promulgated by the commissioner. For purposes of this section, the terms "yard waste" and "organic waste" have the same meanings as set forth in section 16-303 and the term "compost facilities" means facilities operated by the department and used for the aerobic and thermophilic decomposition of organic constituents of solid waste to produce a stable, humus-like material.
(Am. L.L. 2023/085, 7/9/2023, eff. 7/9/2023)
a. As used in this section:
1. The term "solid waste" shall mean all putrescible and non-putrescible materials or substances, other than those materials or substances described in subparagraph (b) of this paragraph, that are discarded or rejected, including but not limited to garbage, refuse, waste collected by any person required to be licensed or registered pursuant to chapter 1 of title 16-A of this code, rubbish, tires, ashes, contained gaseous material, incinerator residue, construction and demolition debris, discarded automobiles and offal. Such term shall include recyclable materials, as defined in subdivision i of section 16-303 of this title.
(a) A material is discarded or rejected if it is:
(1) spent, useless, worthless or in excess to the owners at the time of such discard or rejection;
(2) disposed of;
(3) burned or incinerated, including material burned as a fuel for the purpose of recovering useable energy; or
(4) accumulated, stored or physically, chemically or biologically treated (other than burned or incinerated) instead of or before being disposed of.
(b) The following are not solid waste for the purpose of this section:
(1) domestic sewage;
(2) any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly owned treatment works for treatment, except any material that is introduced into such system in order to avoid the provisions of this title or of state regulations promulgated to regulate solid waste management facilities;
(3) industrial wastewater discharges that are actual point source discharges subject to permits under article seventeen of the environmental conservation law; provided that industrial wastewaters while they are being collected, stored or treated before discharge and sludges that are generated by industrial wastewater treatment are solid wastes;
(4) irrigation return flows;
(5) radioactive materials that are source, special nuclear, or by-product material under the federal Atomic Energy Act of 1954, as amended, 42 U.S.C. § 2011, et seq.;
(6) materials subject to in-situ mining techniques which are not removed from the ground as part of the extraction process;
(7) hazardous waste as defined in section 27-0901 of the environmental conservation law, including material containing hazardous waste; and
(8) regulated medical waste as defined in title fifteen of article twenty-seven of the New York state environmental conservation law, in title thirteen of article thirteen of the New York state public health law or in section 16-120.1 of the code, or any rules or regulations promulgated pursuant to such provisions of law.
2. The term "putrescible solid waste" shall mean solid waste containing organic matter having the tendency to decompose with the formation of malodorous by-products;
3. The term "non-putrescible solid waste" shall mean solid waste, whether or not contained in receptacles, that does not contain organic matter having the tendency to decompose with the formation of malodorous by-products, including but not limited to dirt, earth, plaster, concrete, rock, rubble, slag, ashes, waste timber, lumber, plexiglass, fiberglass, ceramic tiles, asphalt, sheetrock, tar paper, tree stumps, wood, window frames, metal, steel, glass, plastic pipes and tubes, rubber hoses and tubes, electric wires and cables, paper and cardboard;
4. The term "dump" shall mean any structure, building or other premises, whether improved or unimproved, at which solid waste is received for the purpose of final disposal, unless such waste is received for a fill material operation;
5. The term "non-putrescible solid waste transfer station" shall mean any structure, building or other premises, whether improved or unimproved, at which only non-putrescible solid waste is received for the purpose of subsequent transfer to another location, regardless of whether such non-putrescible solid waste is subject to any processing or reduction in volume at such structure, building or premises;
6. The term "putrescible solid waste transfer station" shall mean any structure, building or other premises, whether improved or unimproved, at which any amount of putrescible solid waste is received for the purpose of subsequent transfer to another location, regardless of whether such putrescible solid waste is mixed with non-putrescible solid waste or is subject to any processing or reduction in volume at such structure, building or premises;
7. The term "fill material" shall mean only clean material consisting of earth, ashes, dirt, concrete, asphalt millings, rock, gravel, stone or sand, provided that such material shall not contain organic matter having the tendency to decompose with the formation of malodorous by-products; and
8. The term "fill material operation" shall mean the grading, levelling, surcharging, compacting or final disposition of fill material for the purpose of land alteration or improvement, including but not limited to change of the existing property grade, filling of lands below established grades or of lands under water to established grades, and filling of lands which requires approval by any city or state agency.
b. It shall be unlawful for any person or public agency other than the department to conduct, operate or use any pier or part thereof, or any piece or parcel of land or land under water within the city as a dump or as a non-putrescible solid waste transfer station or putrescible solid waste transfer station, or for a fill material operation without having first obtained for each pier or part thereof, or for each piece or parcel of land or of land under water, in addition to any other permit required by law, a permit from the commissioner and, where required by any law or rule, the prior written approval of the commissioner of ports and trade. The commissioner may establish by rule one or more classes of permits pursuant to this section and section 16-131 of this chapter.
c. Nothing contained in this section or in section 16-131 of this chapter shall be construed to allow the grading, levelling, surcharging, compacting or final disposition of any material other than fill material for the purpose of land alteration or improvement.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1989/014, L.L. 1990/040 and L.L. 1996/042.
a. The commissioner shall have power to adopt rules:
1. controlling and providing for supervision over the conduct, operation, and use by persons or public agencies of all piers or lands or lands under water used as dumps, non-putrescible solid waste transfer stations or putrescible solid waste transfer stations, or for fill material operations;
2. requiring applicants and permittees to disclose to the department information determined by the commissioner to be necessary for the department to fulfill its duties under this title. Such information may include but need not be limited to financial statements, and any annual or quarterly report required to be filed with the state department of environmental conservation pursuant to regulations promulgated by such department to regulate solid waste management facilities;
3. requiring permittees to maintain records determined by the commissioner to be necessary for the department to fulfill its duties under this chapter and to protect the public health and safety. Such records shall include, without limitation, a log of the names of prospective customers denied the use of such dump, transfer station, or fill material operation.
b. The commissioner shall, pursuant to subdivision a of this section, adopt rules:
1. establishing, in consultation with the commissioners of health and environmental protection, requirements appropriate for protection of public health and the environment concerning siting of dumps, non-putrescible solid waste transfer stations, putrescible solid waste transfer stations and/or fill material operations in relation to other such facilities, residential premises and/or other premises for which such requirements may be appropriate. Requirements established pursuant to this paragraph shall be in addition to other applicable siting requirements;
2. limiting the hours of operation of premises required to be permitted pursuant to section 16-130 of this chapter;
3. prescribing the use of deodorants, and other odor control measures as may be needed, at putrescible solid waste transfer stations and, where appropriate, at other facilities required to be permitted pursuant to such section;
4. prescribing the use of ventilation systems in fully enclosed structures on premises required to be permitted pursuant to this section; and
5. requiring that all activities relating to the processing, tipping, sorting, storage and compaction of solid waste at putrescible solid waste transfer stations, and, in the commissioner's discretion, at other premises required to be permitted pursuant to this section, be conducted within a fully enclosed structure. If the commissioner determines that such activities would not adversely affect a residential area if not conducted within a fully enclosed structure, then the commissioner may grant an exemption from such requirement, provided that no exemption may be granted in contravention of regulations promulgated by the state department of environmental conservation to regulate solid waste management facilities or other applicable law. Any person who, on the effective date of this local law, holds a permit for, and conducts such activities on, premises where no fully enclosed structure exists, and who shall be required to conduct such activities within a fully enclosed structure, may be granted a reasonable time, to be determined by the commissioner, to construct such structure.
c. The commissioner shall issue permits to such persons or public agencies engaged in use of piers or lands or lands under water within the city as dumps, non-putrescible solid waste transfer stations or putrescible solid waste transfer stations. The commissioner shall collect an annual fee of seven thousand dollars for each permit for any such pier or part thereof, or for each piece or parcel of land or land under water used as a dump or as a non-putrescible solid waste transfer station, and an annual fee of thirteen thousand dollars for each permit for any such pier or part thereof, or for each piece or parcel of land or land under water used as a putrescible solid waste transfer station. The commissioner shall collect an annual registration fee of seven thousand dollars for an intermodal solid waste container facility. The commissioner may by rule provide for suspension or revocation of any permit or registration issued pursuant to this subdivision for cause or violation of the orders or rules of the commissioner.
d. The commissioner shall issue permits every six months to persons or public agencies engaged in use of piers or lands or lands under water for fill material operations. The commissioner shall collect a fee every six months of twelve hundred fifty dollars for each permit for any such pier or part thereof, or for each piece or parcel of land or land under water where the anticipated or actual aggregate amount of fill material for grading, levelling, surcharging, compacting or final disposition during such six-month period is equal to or greater than one thousand cubic yards, and a fee of six hundred twenty-five dollars for each permit for any such pier or part thereof, or for each piece or parcel of land or land under water where the anticipated or actual aggregate amount of fill material for grading, levelling, surcharging, compacting or final disposition during such six-month period is less than one thousand cubic yards, provided that no fee shall be charged for the first six-month permit issued in a calendar year for any pier or part thereof, or for each piece or parcel of land or land under water where the anticipated or actual aggregate amount of fill material for grading, levelling, surcharging, compacting or final disposition during such six-month period is less than three hundred cubic yards. The commissioner may by regulation provide for suspension or revocation of any permit issued pursuant to this paragraph for cause or violation of the orders or rules or regulations of the commissioner. Notwithstanding any other provision of this section or of section 16-130 of this chapter, no permit or fee shall be required of an owner or occupant of residential property engaged in a fill material operation or such property where the anticipated or actual aggregate amount of fill material for grading, levelling, surcharging, compacting or final disposition during a six-month period is less than three hundred cubic yards.
e. Rules adopted by the commissioner pursuant to this section shall become effective only after filing and publication as prescribed by chapter forty-five of the charter. In addition, notwithstanding such chapter, prior to adoption by the commissioner of a final rule pursuant to subdivision e of section one thousand forty-three of the charter, and after consideration of relevant comments presented pursuant to subdivision d of such section, the commissioner shall submit to the council the draft text of the final rule proposed to be published in the City Record; the council shall have thirty days to comment upon such text. The final rule may include revisions in response to comment from members of the council and shall not be published in the City Record before the thirty-first day after such submission, unless the speaker of the council authorizes earlier publication.
f. As used in this section:
1. the terms "dump," "non-putrescible solid waste transfer station," "putrescible solid waste transfer station," "fill material" and "fill material operation" shall have the meanings ascribed in section 16-130 of this chapter; and
2. the term "intermodal solid waste container facility" shall mean a facility or premises served by rail or vessel at which intermodal containers are transferred from transport vehicle to transport vehicle for the purpose of consolidating intermodal containers for shipment by rail or vessel to an authorized disposal or treatment facility, where the contents of each container remain in their closed containers during the transfer between transport vehicles, and storage remains incidental to transport at the location where the containers are consolidated.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1990/040 and L.L. 1996/042.
The commissioner shall be responsible for the issuance, renewal, suspension and revocation of permits required by section 16-130 of this chapter. An application for such a permit shall also be presented by the department to the New York city trade waste commission for review by such commission. The commissioner shall consider the recommendations of such commission in making a determination pursuant to this section.
a. The commissioner, consistent with article twenty-three-A of the correction law, may refuse to issue or renew a permit required by section 16-130 of this chapter, or may, after notice and the opportunity to be heard, suspend or revoke such a permit when the applicant for such permit or such permittee has been denied a license required by section 16-505 of this code to operate a business for the collection, removal or disposal of trade waste or has had such a license revoked for the reason that such applicant or licensee has been found to lack good character, honesty and integrity by the trade waste commission pursuant to the provisions of title sixteen-A of this code.
b. The commissioner, consistent with article twenty-three-A of the correction law, may refuse to issue to an applicant a permit required by section 16-130 of this chapter and may, after due notice and hearing, in addition to any other penalties provided by law, refuse to renew, suspend or revoke such permit upon the occurrence of any of the following conditions:
1. the applicant or permittee has been convicted of a crime which in the judgment of the commissioner has a direct relationship to his or her fitness or ability to perform any of the activities for which a permit is required under section 16-130 of this chapter; or
2. the applicant or permittee has been found by a court or an administrative agency of competent jurisdiction to have violated:
(B) any provision of article one hundred fifty-seven of the New York city health code; or
(C) any other law or rule related to the conduct, operation or use of a dump, non-putrescible solid waste transfer station, putrescible solid waste transfer station or fill material operation; or
(D) any federal or state law prohibiting unfair trade practices or conduct in restraint of competition, including but not limited to the Sherman Anti-Trust Act (15 U.S.C. § 1, § 2), the Clayton Act (15 U.S.C. § 18), the Robinson Patman Act (15 U.S.C. § 12, et seq.), the Federal Trade Commission Act (15 U.S.C. § 45, et seq.), and sections 340, et seq., of the general business law or an equivalent offense under the laws of any other jurisdiction; or
3. the commissioner has determined, after consideration of the results of an investigation conducted pursuant to this section, that the applicant or permittee has operated the business for which a permit is required by section 16-130 of this chapter in a manner inconsistent with the provisions of the federal or state laws prohibiting unfair trade practices or conduct in restraint of competition set forth in subparagraph (D) of paragraph two of this subdivision; or
4. the applicant or permittee has violated or failed to comply with any of the conditions for issuance of such permit as provided in this chapter or any of the rules promulgated hereunder.
c. Where the commissioner or the New York city trade waste commission has reasonable cause to believe that a permittee or an applicant for a permit required by section 16-130 of this code may lack good character, honesty and integrity, such applicant or permittee shall, in addition to providing the information required by the rules promulgated pursuant to paragraph two of subdivision a of section 16-131 of this code, also comply with the fingerprinting and disclosure requirements set forth in subdivision b of section 16-508 of this code and pay the fee for the investigation thereof set forth in the rules of the New York city trade waste commission. The commissioner may, after consideration of the results of such investigation, refuse for the reasons set forth in section 16-509 of this code to issue a permit required by section 16-130 of this chapter and, after notice and opportunity to be heard, may revoke or suspend any such permit upon a finding that the applicant or the permittee lacks good character, honesty and integrity.
d. For the purposes of this section, "applicant" or "permittee" shall mean the business of the applicant or permittee and any principal thereof, as the term "principal" is defined in section 16-501 of this code.
e. The New York city trade waste commission or the department of investigation may, at the request of the commissioner, assist the commissioner in any investigation conducted pursuant to this section.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1990/040 and L.L. 1996/042.
In addition to any other enforcement procedures authorized by law, the commissioner shall have the powers described in this section.
a. The commissioner may order any person violating section 16-130 or 16-131 of this chapter or article one hundred fifty-seven of the New York city health code to discontinue such violation immediately.
b. 1. If the commissioner finds that premises for which a permit is required pursuant to section 16-130 of this chapter are being used either without such permit or in a manner which poses an imminent threat to the public health or safety, then the commissioner may order in writing that (a) such premises be sealed, secured and closed and/or (b) that equipment, vehicles or other personal property used on such premises be removed or sealed and secured. Upon the effective date of such order, no person shall have access to such premises and/or use such equipment except as authorized by the commissioner. Upon such effective date, authorized officers and employees of the department, the department of health and mental hygiene and the New York city police department shall act upon and enforce such order. The finding 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 solid waste, or of material listed in subparagraph (b) of paragraph one of subdivision a of section 16-130 of this chapter, that may pose a threat; (ii) the types of solid waste, or of such material listed in such subparagraph, that may pose a threat; and/or (iii) the risk of harm to the public or the environment. For the purpose of this paragraph: "sealed, secured and closed" or "sealed and secured" shall mean the use of any means available to render the premises or any part thereof, and/or any equipment, vehicles or other personal property contained therein, inaccessible or inoperable, including but not limited to the use of a padlock or cinder blocks.
2. Any equipment, vehicles or other personal property removed pursuant to an order issued under paragraph one of this subdivision may be stored in a garage, pound or other place of safety, and the owner or other person lawfully entitled to the possession of such equipment, vehicles or other personal property may be charged with the reasonable costs for removal and storage, payable prior to the release of such equipment, vehicles or other personal property. Equipment, vehicles or other personal property not reclaimed by such owner or other person within ninety days of the notification to such owner or other person that such order has been rescinded shall be deemed abandoned and may be disposed of by the department at a public auction, provided that vehicles deemed abandoned shall be disposed of in a manner consistent with section twelve hundred twenty-four of the vehicle and traffic law and that timely notice of any public auction shall be provided to any record holder of a security interest at the address for such holder set forth in any instrument recorded in the city of New York.
3. Any order to seal, secure and close premises pursuant to paragraph one of this subdivision, or to remove or seal and secure equipment, vehicles or other personal property issued pursuant to such paragraph, shall contain notice of the right to request a hearing within thirty days of delivery of such order and posting of such order pursuant to the first sentence of paragraph four of this subdivision. If a hearing is requested within such thirty day period, the order shall be effective as set forth in the determination of the commissioner. If no hearing is requested within such thirty day period the order shall be effective on the thirtieth day after such delivery and posting pursuant to such sentence. A hearing held pursuant to this paragraph shall be conducted by the department. The hearing officer shall submit recommended findings of fact and a recommended decision to the commissioner, who shall make the final findings of fact and the final determination. Notwithstanding the foregoing provisions of this paragraph, if such order is based upon a finding by the commissioner of an imminent threat to the public health or safety, such order may provide that it shall be effective immediately upon posting pursuant to the first sentence of paragraph four of this subdivision; in such case a hearing shall be held within three business days of a request for such hearing and a determination shall be rendered within four business days of the conclusion of such hearing.
4. Orders of the commissioner issued pursuant to this subdivision shall be served by delivery of the order to the permittee, owner or other person of suitable age and discretion in actual or apparent control of the premises, equipment, vehicles or other personal property, and shall be posted at the premises that have been sealed, secured and closed, or on or in the vicinity of the equipment, vehicles or other personal property that has been sealed and secured, or on the premises from which equipment, vehicles or other personal property has been removed. The commissioner shall ensure that notice is delivered and posted pursuant to this paragraph, and in addition shall ensure that such order is mailed to the permittee at the residence or business address for such permittee set forth in the records of the department, to the record owner of such premises, and any record mortgagee of such premises, at the address set forth in the recorded instrument and to the person designated as owner or agent of the premises or designated to receive real property tax or water bills for the premises at the address for such person contained in one of the files compiled by the department of finance for the purpose of the assessment or collection of real property taxes and water charges or in the file compiled by the department of finance from real property transfer forms filed with the city register upon the sale or transfer of real property, to the owner of such vehicles at the address for such owner set forth in the registration record maintained by the department of motor vehicles pursuant to section four hundred one of the vehicle and traffic law or for vehicles not registered in New York state, such equivalent record in the state of registration, and to any record holder of a security interest in equipment, vehicles or other personal property at the address for such holder set forth in any instrument recorded in the city of New York, and at the address for such holder set forth in any certificate of title issued by the department of motor vehicles pursuant to title ten of the vehicle and traffic law. In addition, such order shall be mailed to the owner of equipment or personal property, other than vehicles, at any address for such owner provided by the permittee or the person to whom such order is delivered pursuant to the first sentence of this paragraph.
5. Where premises have been sealed, secured and closed or equipment, vehicles, or other personal property has been sealed and secured or removed by order of the commissioner issued pursuant to paragraph one of this subdivision, the permittee, owner or other person lawfully entitled to the possession of the premises or equipment, vehicles or other personal property, may at any time provide to the commissioner assurances that the conditions which caused the issuance of such order have been corrected and will not reoccur and any necessary permit will be obtained. Upon receipt of such assurances, the commissioner shall within two business days either issue a written determination that such conditions have not been corrected, or are likely to reoccur, or, if such assurances are satisfactory, rescind such order; provided that no equipment, vehicles or other personal property shall be released after such rescission unless costs for removal and storage owed pursuant to paragraph two of this subdivision have been paid.
6. (a) No person shall remove or cause to be removed the seal from, or otherwise enter without the commissioner's authorization, any premises sealed by order of the commissioner issued pursuant to paragraph one of this subdivision.
(b) No person shall remove or cause to be removed the seal from, or otherwise tamper with or use, any equipment, vehicles or other personal property sealed by order of the commissioner issued pursuant to paragraph one of this subdivision.
(c) Any person who violates this paragraph shall upon conviction be guilty of a misdemeanor and be punished by a fine not to exceed twenty-five thousand dollars, or by imprisonment for a term of not more than one year, or by both such fine and imprisonment.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1990/040.
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