Editor's note: Rules amending 16 RCNY §§ 1-01, 1-09, and 1-10 and enacting 16 RCNY §§ 20-01, 20-03, and 20-20 et seq. (see City Record 11/16/2021, eff. 12/16/2021, at pp. 7666 to 7683) provide for the following specific effective date provisions:
1. The rule shall take effect in each commercial waste zone on the implementation start date for such zone set by rule of the department of sanitation pursuant to paragraph 3 of subdivision e of § 16-1002 of the Administrative Code, except that 16 RCNY § 20-30, as added by section 8 of this rulemaking, shall take effect in each commercial waste zone on the final implementation date for such zone set by rule of the department of sanitation pursuant to paragraph 3 of subdivision e of § 16-1002 of the Administrative Code;
2. The rule shall take effect with respect to Citywide containerized commercial waste collection on the implementation start date for Citywide containerized commercial waste collection set by rule of the department of sanitation; and
3. In accordance with subdivision c of section 25 of local law number 199 for the year 2019, a licensee, as such term is used in Title 16-A of the Administrative Code, operating within such zone pursuant to a contract with a commercial establishment entered into prior to such implementation start date may continue to provide commercial waste collection, removal or disposal services pursuant to such contract in accordance with the provisions Title 16-A of the Administrative Code and any rules promulgated thereunder until the final implementation date for such zone established by the commissioner of sanitation pursuant to paragraph 3 of subdivision e of § 16-1002 of the Administrative Code.
Subchapter A: General
(a) The following terms have the same meanings as such terms are defined in § 16-1000 of the Administrative Code: "commercial waste", "commercial waste zone", "commissioner", "containerized commercial waste", "department", "micro-hauler", "organic waste", "trade waste".
(b) The following terms have the following meanings, except as otherwise provided in this chapter:
Agreement. The term “agreement” means an agreement entered into between the Department and an awardee pursuant to § 16-1002 of the Administrative Code.
Awardee. The term “awardee” means an entity with whom the Department enters into an agreement for the provision of commercial waste collection services pursuant to § 16-1002 of the Administrative Code, including entities that have been selected for commercial waste collection services within one or more zones and entities that have been selected to provide citywide containerized commercial waste collection services, or both.
Bicycle. The term "bicycle" means: (1) a two or three wheeled device upon which a person or persons may ride, propelled by human power through a belt, a chain or gears; (2) a "pedal-assist bicycle" as defined in 34 RCNY § 4-01 or as otherwise defined by the department of transportation; (3) any electric scooter as defined in section 114-e of the vehicle and traffic law; or (4) any bicycle with electric assist as defined in section 102-c of the vehicle and traffic law.
Cab-over design vehicle. The term "cab-over design vehicle" means a vehicle that is designed so that the driver cab is situated in relation to the vehicle engine such that the driver sits directly above or forward of the front axle of the vehicle.
Container: The term "container" means a bin, dumpster, compactor or other receptacle for the storage or collection of commercial waste.
Commercial establishment. The term "commercial establishment" means a commercial establishment required to provide for the removal of commercial waste pursuant to the provisions of § 16-116 of the Administrative Code.
Commercial waste generation audit. The term "commercial waste generation audit" means an assessment of the commercial waste generated by a commercial establishment that:
1. Is performed by a person registered by the business integrity commission as a trade waste broker;
2. Separately assesses the commercial waste generated, disaggregated by waste stream as follows:
i. Refuse: Total amount of refuse at each premises;
ii. Designated recyclable materials: (1) Total amount of designated recyclable paper at each premises; and (2) total amount of designated recyclable metal, glass, and plastic at each premises; and
iii. Source separated organics: If the commercial establishment is a designated covered establishment, total amount of source separated organics at each premises; and
3. Includes a report with information on:
i. The actual measurements of all waste streams assessed, as recorded on-site;
ii. Estimates of the amount of each waste stream generated on a monthly basis;
iii. Contamination levels for each waste stream assessed; and
iv. Recommendations for waste reduction by waste stream and diversion from refuse to designated recyclable materials and source separated organic waste.
Commercial waste vehicle. The term "commercial waste vehicle" means a vehicle that is used to collect, transport or remove commercial waste.
Containerized commercial waste awardee. The term "containerized commercial waste awardee" means an awardee that is authorized to provide containerized commercial waste collection, removal and disposal service citywide pursuant to an agreement with the Department entered into pursuant to § 16-1002 of the Administrative Code.
Contamination. The term "contamination" means: (1) a bag or container of designated recyclable materials that contains a detectable quantity of refuse or organic waste; (2) a container of source separated organic waste that contains a detectable quantity of non-organic waste; or (3) a bag or container of refuse that contains a detectable quantity of designated recyclable materials.
Customer. The term "customer" means: (1) a commercial establishment that is located within a commercial waste zone for which a zone awardee has been awarded an agreement pursuant to § 16-1002 of the Administrative Code and that selects such awardee for collection of commercial waste or has been assigned such awardee pursuant to paragraph 4 of subdivision e of such section; or (2) a commercial establishment that selects a containerized commercial waste awardee to collect containerized commercial waste.
Designated carter. The term "designated carter" means a licensee that is authorized to provide commercial waste collection services pursuant to an agreement between an awardee and the Department entered into pursuant to § 16-1002 of the Administrative Code. The term "designated carter" may describe the awardee or another licensee that the awardee has designated to fulfill the terms of such agreement as specified in the awardee's Subcontracting Plan.
Designated covered establishment. The term "designated covered establishment" means any commercial establishment designated as an establishment required to separate organic waste pursuant to subdivision (a) of 16 RCNY § 1-11.
Designated recyclable materials. The term "designated recyclable materials" means materials that have been designated for recycling by the Department pursuant to subdivision (a) of 16 RCNY § 1-10.
Final implementation date. The term “final implementation date” means the last day of the transition period.
Implementation start date. The term “implementation start date” means the first day of the transition period.
Non-collection of commercial waste. The term "non-collection" means a particular instance when an awardee fails to perform a scheduled pick-up of commercial waste from a customer, but where the awardee has not suspended or terminated service.
Normal business hours. The term "normal business hours" means 9 a.m. to 5 p.m., Monday through Friday.
Organic waste processing facility. The term "organic waste processing facility" has the same meaning as set forth in 16 RCNY § 1-01.
Overfilled container. The term "overfilled container" means a container with materials that project above its rim in a manner that impedes the complete closure of its lid and/or a container with materials that are placed outside the container and/or allowed to accumulate.
Qualified Inspector. The term "qualified inspector" means an individual who meets the qualifications set forth in Part 396.19 of Title 49 of the Code of Federal Regulations.
Refuse. The term "refuse" means commercial waste that is not organic waste or designated recyclable material.
Single stream collection of recyclables. The term "single stream collection of recyclables" has the same meaning as the term "single stream collection and recycling," as defined in 16 RCNY § 1-01 and shall be deemed interchangeable with such term and with the term "single stream recycling and collection."
Source separation. The term "source separation" means the separation at the point of generation of designated recyclable materials from each other or the separation of designated recyclable materials from solid waste.
Standard service hours. The term "standard service hours" means 8 p.m. to 7 a.m., Monday through Saturday, excluding the federal holidays listed in 5 U.S.C. § 6103. For purposes of this definition, a day of the week or a holiday (e.g. Monday or Memorial Day) begins at 8 p.m. on that day and ends at 7 a.m. the following day.
Telematics system. The term "telematics system" means an integrated system of hardware and software that is capable of monitoring and recording data from GPS devices, vehicle dynamics systems, and engine performance systems and that is installed in a commercial waste vehicle, as required pursuant to 16 RCNY § 20-56.
Textiles. The term "textiles" means textiles that: (1) are source separated by a commercial establishment or (2) are required be source separated by a commercial establishment pursuant to 16 RCNY § 1-10.
Transition period. The term “transition period” means the period between the implementation start date established by the Department for a commercial waste zone and the final implementation date established by the Department for such zone.
Zero waste plan. The term "zero waste plan" means an awardee's plan describing practices to support waste reduction, reuse and recycling among commercial establishments, as set forth in the awardee's Agreement with the Department pursuant to § 16-1002 of the Administrative Code.
Zone awardee. The term "zone awardee" means an awardee that is authorized to provide commercial waste collection, removal and disposal service in a particular zone assigned to the awardee pursuant to an agreement with the Department entered into pursuant to § 16-1002 of the Administrative Code.
(Added City Record 11/16/2021, eff. 12/16/2021*; amended City Record 4/19/2024, eff. 5/19/2024; amended City Record 6/26/2024, eff. 7/26/2024)
* Editor's note: For specific effective date provisions, see the editor's note at 16 RCNY Ch. 20.
a. The geographic area of the city of New York shall be divided into 20 commercial waste zones as follows:
Zone name | Zone geographic area |
Zone name | Zone geographic area |
Lower Manhattan | Community district 101 |
Manhattan Southwest | Community district 102 |
Manhattan Southeast | Community districts 103, 106 |
Midtown South | The geographic area of community district 105 south of 37th Street |
Midtown North | The geographic area of community district 105 north of 37th Street |
Manhattan West | Community districts 104, 107, and commercial establishments located on Central Park West |
Manhattan Northeast | Community district 108, excluding Roosevelt Island, community district 111, and Central Park (Joint Interest Area 64), excluding commercial establishments located on Central Park West |
Upper Manhattan | Community districts 109, 110, 112 |
Bronx West | Community districts 201, 203, 204, 205, 206, 207, 208, Van Cortlandt Park (Joint Interest Area 26), and Bronx Park (Joint Interest Area 27) |
Bronx East | Community districts 202, 209, 210, 211, 212, and Pelham Bay Park (Joint Interest Area 28) |
Brooklyn North | Community districts 301, 303, 304 |
Brooklyn West | Community districts 302, 306, 307 |
Brooklyn East | Community districts 305, 308, 309, 316, 317, 318, Prospect Park (Joint Interest Area 55), and Brooklyn Gateway National Recreation Area (Joint Interest Area 56) |
Brooklyn Southwest | Community districts 310, 311, 312 |
Brooklyn South | Community districts 313, 314, 315 |
Queens West | Community districts 401, 402, and Roosevelt Island |
Queens Central | Community districts 403, 404, 405, 406, LaGuardia Airport (Joint Interest Area 80), and Forest Park (Joint Interest Area 82) |
Queens Northeast | Community districts 407, 408, 411, and Flushing Meadows-Corona Park (Joint Interest Area 81) |
Queens Southeast | Community districts 409, 410, 412, 413, 414, JFK International Airport (Joint Interest Area 83), and Queens Gateway National Recreation Area (Joint Interest Area 84) |
Staten Island | Community districts 501, 502, 503, and Staten Island Gateway National Recreation Area (Joint Interest Area 95) |
(b) Awardees for one or more of the commercial waste zones set forth in subdivision (a) of this section and for citywide containerized service are authorized to commence service in the awarded zones on the following implementation start and final implementation dates:
Zone name | Implementation start date | Final implementation date |
Queens Central | September 3, 2024 | January 2, 2025 |
(Added City Record 2/14/2020, eff. 3/15/2020; amended City Record 4/19/2024, eff. 5/19/2024)
The annual fee that each awardee must pay pursuant to § 16-1013 of the Administrative Code shall be:
a. $107,148.73 per zone award, and
b. $107,148.73 per citywide containerized commercial waste award.
(Added City Record 11/16/2021, eff. 12/16/2021*)
* Editor's note: For specific effective date provisions, see the editor's note at 16 RCNY Ch. 20.
Subchapter B: Customer Service Requirements
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