(a) Organics collection required.
(1) An awardee must provide organic waste collection services to any customer that is a designated covered establishment pursuant to subdivision b of § 16-306.1 of the Administrative Code and that has elected collection by a private carter of organic waste pursuant to subdivision c of such section.
(2) An awardee must offer organic waste collection services to any customer that is not a designated covered establishment pursuant to subdivision b of § 16-306.1 in accordance with the terms of the agreement entered into between such awardee and the Department pursuant to § 16-1002 of the Administrative Code.
(3) This subdivision shall only apply to the collection of containerized commercial waste citywide where the agreement between the awardee and the Department so provides.
(b) No commingling of organic waste. Organic waste shall not be commingled with any other solid waste and shall not be collected in the same truck compartment as other solid waste.
(c) Collection restrictions for source separated organic waste. Any source separated organic waste collected by a designated carter from a customer must be delivered by such designated carter either:
(1) directly to an organic waste processing facility for purposes of composting, aerobic digestion or anaerobic digestion; or
(2) to a putrescible transfer station that: (i) is authorized by the New York State Department of Environmental Conservation and the Department to handle source separated organic waste or is otherwise in compliance with all applicable state and local permitting requirements regarding handling of source separated organic waste, and (ii) has represented to the awardee that it will deliver such organic waste to an organic waste processing facility for purposes of composting, aerobic digestion or anaerobic digestion.
(d) Delivery of organic waste for other uses.
(1) For purposes of this subdivision, the term "organic waste" has the same meaning as set forth in § 16-303 of the Administrative Code.
(2) Notwithstanding any other provision of this section, a designated carter that collects organic waste from a customer may deliver such waste to:
(i) A farm or other facility for purposes of feeding animals; or
(ii) Upon approval by the Department, any other third party, for biological, chemical or mechanical processing of such waste for the production of a commodity, material or other product that has value.
(3) In no event shall a designated carter deliver organic waste to a third party to be incinerated or otherwise cause organic waste to be incinerated.
(4) No organic waste shall be collected by a designated carter from a customer that has source separated such waste, except as authorized in this section.
(5) Nothing in this section shall preclude an awardee or any of its designated carters from collecting or facilitating the collection of edible food from a customer for delivery to a food bank, soup kitchen or other entity for purposes of feeding people, provided all applicable health, safety and legal requirements are met.
(e) Signage. Upon request by a customer, an awardee must provide such customer with all signage and decals that the customer is required to post pursuant to 16 RCNY § 1-11, in a form and format approved by the Department.
(f) Penalties. Any person who violates any provision of this section will be liable for civil penalties provided for under paragraph (1) of subdivision (b) of § 16-1015 of the Administrative Code. Paragraph (1) of subdivision (b) of § 16-1015 provides for a civil penalty in the amount of $2,500 for the first violation, and, for subsequent violations that occur within a two-year period of any previous violation, $5,000 for the second violation and $10,000 for any subsequent violation.
(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.