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§ 1-02.2 Waste Management Plan.
   (a)   For the purposes of this section:
      (1)   A "new multiple dwelling building" means a multiple dwelling for which plans that include design drawings have been submitted to the Department of Buildings on or after the effective date of this rule. A new multiple dwelling building also includes those buildings for which plans that include design drawings have been submitted to, but have not been approved by, the Department of Buildings as of the effective date of this rule. A new multiple dwelling does not include an existing multiple dwelling, unless any alteration increases the amount of floor surface area by more than 110% over the amount of existing floor surface area.
      (2)   A "newly altered commercial building" means (i) any commercial building that is altered, enlarged or otherwise modified from its original physical design in order to be classified by the Department of Buildings as a multiple dwelling building on or after the effective date of this rule or (ii) any commercial building having 50 percent or more of its floor area renovated in order to be classified by the Department of Buildings as a multiple dwelling building on or after the effective date of this rule. A newly altered commercial building also includes those buildings for which plans that include design drawings have been submitted to, but have not been approved by, the Department of Buildings as of the effective date of this rule.
   (b)   An owner of a new multiple dwelling building that contains at least 150 dwelling units or a newly altered commercial building that contains at least 150 dwelling units, or his or her agent, must submit a waste management plan for such building in accordance with this section.
   (c)   An owner, or his or her agent, of any building for which a waste management plan is required pursuant to this section, must submit such waste management plan to the Department in a form prescribed by the Department and made available on its website. Such waste management plan must include:
      (1)   the name and contact information of the owner of such building, and his or her agent, if applicable;
      (2)   the number of dwelling units in such building;
      (3)   the estimated amount of refuse, designated recyclable material, and organic waste that would be generated if the building were fully occupied;
      (4)   storage plans for such estimated amount of refuse, designated recyclable material, and designated organic waste that would ensure sanitary storage of 150 percent of all such materials that would be accumulated or generated between regularly scheduled collections;
      (5)   a plan to ensure that designated recyclable materials and organic waste that are required to be source-separated are kept separate for recycling collection;
      (6)   a plan for educating tenants as to proper set-out requirements for refuse and recyclable materials, including the placement of applicable signage as required by all rules and regulations;
      (7)   confirmation of compliance with the provisions relating to refuse and recyclable storage space, refuse chutes and refuse chute access rooms as required by the Department of Buildings pursuant to sections 1213.1, 1213.1.1, 1213.1.2, 1213.2 and 1213.3 of the New York City Building Code;
      (8)   how and where the refuse and recyclable material will be placed out for collection by the Department, which placement must be in accordance with all rules and regulations and may not impede the flow of pedestrian traffic or otherwise constitute a sidewalk obstruction, including maintaining, where practicable, eight feet of clear pedestrian space; and
      (9)   any additional information deemed necessary by the Department.
   (d)   A waste management plan required by this section must be submitted to the Department no later than when plans that include design drawings are submitted to the Department of Buildings or the effective date of this rule, whichever is later.
   (e)   Upon submission of a waste management plan, the Department shall have 90 days to review such plan for conformance with the requirements of subdivision (c) of this section. Upon review, if such plan is disapproved, the Department shall provide details to the applicant of the plan's deficiency. If such plan is not disapproved within 90 days, it shall be deemed approved by the Department.
   (f)   If a waste management plan required by this section is disapproved by the Department, the applicant will then have an additional 60 days to submit an amended waste management plan for approval. The Department shall have 90 days to review such amended waste management plan for approval and shall make its final determination as to the adequacy of such waste management plan. The Department may deny collection service to any building that receives a certificate of occupancy from the Department of Buildings prior to having an approved waste management plan.
   (g)   At the time a building applies for collection service from the Department, the Department may deny collection service to any building that fails to submit a waste management plan in accordance with this section or fails to certify that an approved waste management plan has been properly implemented.
(Added City Record 12/20/2021, eff. 4/1/2022)