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§ 16-201 Facility assignment.
   a.   The commissioner is authorized and empowered to promulgate regulations and procedures for the management on a city-wide basis of all solid waste generated or disposed of within the city and to supervise and regulate the transportation and disposition of all solid waste generated or disposed of within the city pursuant to the standards established herein, provided that no regulation shall abridge, impair or restrict any bona fide firm contracts for the purchase or delivery of solid waste for resource recovery entered into between private parties prior to the date at which final notice of regulations is filed with the city clerk, and that any such regulations are accompanied by a justification of such regulations that demonstrates either:
      (1)   That regulating privately collected solid waste or a portion of such waste, whether by waste origin, destination, type or by any other reasonable basis will, in the opinion of the commissioner, help facilitate the construction, expansion, rehabilitation or operation, by or for the city, of a solid waste recovery and management facility, or will help the city discharge its responsibilities with respect to the management, including transportation and disposition, on a city-wide basis, of all solid waste generated or disposed of within the city, or
      (2)   That a declaration of imminent peril to the public health has been authorized by the board of health and such situation can be addressed or prevented by regulating the disposal of privately collected waste.
   b.   The commissioner may assign to persons who collect or dispose of solid waste a solid waste recovery and management facility or facilities at which such persons shall deliver such waste. The commissioner may assign days and hours when such persons shall use such facilities, and may limit or prohibit collection truck traffic on particular streets or limit such traffic to certain hours of the day.
   c.   The commissioner shall weigh as one critical consideration in his ultimate determination of specific site assignments for disposal, the minimization of solid waste disposal vehicle traffic and transportation cost on city streets and roadways.
   d.   The commissioner shall further consider the following objectives in determining facility assignments:
      (1)   meeting the daily operating capacity requirements of each resource recovery facility and minimizing overloading of facilities;
      (2)   extending the useful life of existing municipal landfills;
      (3)   ensuring the economic viability of resource recovery facilities processing waste generated within the city;
      (4)   ensuring that unacceptable wastes do not enter facilities;
      (5)   meeting any contractual obligations required under any resolution or resolutions authorizing the issuance of bonds for solid waste recovery and management facilities, or entered into pursuant to chapter five hundred sixty of the laws of nineteen hundred eighty;
      (6)   achieving uniform deliveries and minimizing congestion and dumping delays at facilities.
   e.   The commissioner shall exercise due diligence in notifying each person assigned to a facility of a scheduled closing of such facility by certified mail at least seventy-two hours prior to such closing. Such notification shall include the expected duration of the closing and assignments to alternative facilities and days and times of such assignments.
   f.   The commissioner shall exercise due diligence in notifying persons assigned to a facility of an emergency closing of a facility or any emergency during which facilities are not available. Unless the commissioner provides alternative facilities persons assigned to a closed or unavailable facility may arrange alternative means of disposal during the closing or unavailability of such facilities.
§ 16-202 Waste acceptability.
   a.   The commissioner shall promulgate a list of facilities and solid wastes accepted and not accepted at each such facility.
   b.   Solid wastes not acceptable at certain or all facilities may include, but need not be limited to, the following:
      (1)   solid wastes that may adversely affect the health or safety of facility employees or damage facility equipment;
      (2)   wastes designated as hazardous wastes pursuant to the federal resource conservation and recovery act of 1976, as amended, and regulations promulgated pursuant thereto and titles seven and nine of article twenty-seven of the New York environmental conservation law and regulations promulgated pursuant thereto;
      (3)   wastes designated as hazardous air pollutants pursuant to section one hundred twelve of the federal clean air act, as amended, and regulations promulgated pursuant to such act;
      (4)   sewage sludge or containerized or free liquids;
      (5)   bulk wastes of a size or dimension too cumbersome for efficient burning at incinerators or resource recovery facilities;
      (6)   any or all classes of regulated medical waste or other medical waste as defined in section 16-120.1 provided that such list be consistent with such section.
§ 16-203 Charges.
   a.   The rates for use of facilities provided by or for the department shall be fixed by the board of estimate upon the recommendation of the commissioner, who shall require persons assigned to such facilities to pay such rates.
   b.   The rates shall be sufficient, when added to other waste disposal and resource recovery revenues and to the value to the department of its proportionate use of all facilities comprising the solid waste management system of the city, as determined by the commissioner, to provide for all expenses of transportation, land acquisition, construction, equipment, operations including enforcement, administrative and insurance costs, maintenance, expansion, replacement, financing and reasonable reserves therefore and any other costs that may be required for the financing or completion of facilities, equipment or land to be used for furnishing solid waste management services. The commissioner may from time to time recommend and the board of estimate may prescribe changes in rates, provided that such changes shall be based on changes in the cost of furnishing solid waste management services.
   c.   The rate for each facility may be fixed so as to vary according to volume, location of facility assignment, or weight, type, character or difficulty of storing, processing or disposing of the solid waste, or other factors relating to economic efficiency or allocation of resources and may not discriminate between classes of users. The commissioner shall state the basis for establishing such varying rates in the commissioner's recommendations to the board of estimate.
   d.   The commissioner shall notify by mail all persons assigned to use facilities of the first meeting of the board of estimate at which any resolution fixing or changing such rates is scheduled to be considered. Such notice shall be mailed at least thirty days prior to such board of estimate meeting and shall include the proposed rates or rate changes. Failure to provide such notice shall not affect the validity of such rates.
   e.   The commissioner may collect charges in such manner as he determines shall minimize burdens and costs of the department, provided that the commissioner shall also consider burdens and costs of persons assigned to facilities.
§ 16-204 Recordkeeping and filing requirements.
Each person assigned to a facility or facilities shall submit to the commissioner an annual report on such date as the commissioner shall determine, in a form established by the commissioner, which provides information required by the commissioner to plan, develop, maintain and operate facilities and provide waste management services. Such information shall include but not be limited to daily solid waste volumes and general composition or character of wastes by each vehicle route to and from facilities.
§ 16-205 Variances.
   a.   There shall be in the department a solid waste management board consisting of the commissioner, the commissioner of consumer and worker protection and the executive director of the office for economic development, all of whom shall serve on the board without compensation and all of whom shall have the power to exercise or delegate any of their functions, powers and duties as members of the board. Such board may grant variances from a regulation or modify assignments or rates of the commissioner involving the transportation, storage, processing or disposal of solid waste when such board finds that such regulation or order would impose unreasonable economic hardship. The specific terms of any variance granted shall be determined by such board on a case by case basis. Any person seeking a variance shall do so by filing with such board a petition for variance in a form prescribed by such board. Such forms shall document the need for a variance.
   b.   Exemptions from formal variance request procedures may be made for day-to-day operational hardships such as equipment failure. The commissioner may grant temporary facility and time assignment variances to persons who report such hardships to the commissioner. Proof of hardship must be submitted to the commissioner within the time frame set by the commissioner. Subsequent exemptions may be withheld for failing to submit proof of hardship for any prior request.
(Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/080.
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