Ashes. "Ashes" means cinders, coal and every other such substance which is left unconsumed by fire in stoves, furnaces, ranges, firepots, fireplaces and other such places.
Beneficial Organic Waste Use. "Beneficial organic waste use" means the processing of organic waste by composting, aerobic digestion, or anaerobic digestion.
Beverage cartons. "Beverage cartons" means coated cardboard cartons or boxes, including milk and juice cartons or boxes, gable-top cartons and aseptic packages.
Bulk metal. "Bulk metal" means metal items that are too heavy or large to lift or fit into recycling containers, including large metal appliances.
Bulk plastic. "Bulk plastic" means rigid plastic items that are too heavy or large to lift or fit into recycling containers.
Bulk waste. "Bulk waste" includes large glass, metal, rigid plastic, ceramic, porcelain and/or wood items, including, but not limited to, furniture such as chairs, tables and desks; household appliances such as refrigerators, freezers, stoves, washing machines, dishwashers; hot water tanks; and trash compactors; sinks; corrugated roofing; aluminum siding; storm window and door frames; sewer pipes; brass fittings; copper pipes and fittings; and scrap lumber.
City agency or agency. "City agency or agency" means all city mayoral and non-mayoral agencies. Excluded from the definition of city agency or agency are city-owned buildings, including residential units within buildings, that are leased to entities other than New York City governmental entities. A city-owned building, or part of a building, that is leased for residential purposes shall be covered by 16 RCNY § 1-08 (residential collection service of designated recyclable materials). A city-owned building, or part of a building, that is leased for non-residential purposes shall be covered by 16 RCNY § 1-10 (recycling of private-carter collected waste) unless such building is leased to a facility or organization that qualifies as an institution as defined in this section.
Commercial occupants. "Commercial occupants" means every and any occupant within a residential building who engages in or operates any business, trade or profession for profit.
Commissioner. "Commissioner" means the Commissioner of the Department or his/her representative.
Compacted refuse. "Compacted refuse" means the solid waste remaining after the application of a compacting system which is installed in accordance with § 24-119 of the Administrative Code of the City of New York.
Comprehensive solid waste management plan. "Comprehensive solid waste management plan" means the solid waste management plan for the City of New York, as approved by the New York State Department of Environmental Conservation pursuant to § 27-0107 of the Environmental Conservation Law, as such plan may be updated or modified from time to time.
Construction and demolition debris. "Construction and demolition debris" means non-putrescible waste materials resulting from building demolition, construction, alteration and excavation, including, but not limited to materials such as dirt, earth, plaster, concrete, rock, rubble, slag, ashes, tree stumps, roots and waste timber and lumber.
Covered Establishment. "Covered establishment" shall have the same meaning as set forth in § 16-306.1(a) of the Administrative Code of the city of New York.
Curbside collection. "Curbside collection" means collection service where building solid waste and/or designated recyclable material collected by the Department is placed at the curbside of such building in containers or bundles which are then manually emptied by Department personnel into collection vehicles. The commencement of curbside collection of designated recyclable materials shall be scheduled on a district by district basis.
Department. "Department" means the Department of Sanitation or its agents or contractors.
Designated recyclable metal, glass and plastic. "Designated recyclable metal, glass and plastic" includes: metal cans: containers made of glass; beverage cartons; rigid plastics; bulk plastic; aluminum foil and aluminum foil products; bulk metal and metal items, as such term is defined in this section.
Designated recyclable materials. "Designated recyclable materials" are materials that the Commissioner has designated as recyclable pursuant to §§ 16-305, 16-306, 16-306.1, 16-307, 16-308 and 16-314 of the Administrative Code of the city of New York. The materials designated as recyclable under these sections may vary from section to section.
Designated recyclable paper. "Designated recyclable paper" includes: high grade office paper: newspaper; magazines; catalogs; phone books; corrugated cardboard; and mixed paper, as such term is defined in this section.
District. "District" means sanitation districts, the boundaries of which are coterminous with the boundaries of Community Boards in the City of New York.
Domestic Partner. "Domestic Partner" means a person who has registered a domestic partnership in accordance with applicable law with the City Clerk, or has registered such a partnership with the former City Department of Personnel pursuant to Executive Order 123 (dated August 7, 1989) during the period August 7, 1989 through January 7, 1993. (The records of domestic partnerships registered at the former City Department of Personnel are to be transferred to the City Clerk.)
Economic market. "Economic market" refers to instances in which the full avoided costs of proper collection, transportation and disposal of source separated materials are equal to or greater than the cost of collection, transportation and sale of said material less the amount received from the sale of said materials.
Film plastic.
(1) "Film plastic" means non-rigid plastic items composed of a sheet of plastic material used to wrap or cover other items, or used in packaging.
(2) Examples of "film plastic" include, but are not limited to:
(i) Carry-out grocery or shopping bags, sleeves for newspapers and circulars, dry cleaning bags, and garbage bags;
(ii) Items used in packaging, such as plastic wrap, wrappers, bubble wrap, shrink or stretch wrap or other wrapping;
(iii) Food bags designed to store, refrigerate or freeze food and liquids, and household storage bags used to store household items; and
(iv) Any plastic label, bag, film, safety seal, or flexible inner or outer wrap that is used to cover or contain a product or a rigid plastic.
Flexible plastic. "Flexible plastic" means non-rigid, non-film plastic items that may be manipulated into a shape different from their original form. Such items may consist of multiple layers of material, such as plastic and metal, giving a metallic appearance. Examples of flexible plastic items may include, but are not limited to, single-serve squeezable pouches holding food or drink, tubes for toothpaste, gels, cosmetics, or lotions, or pouch-like packaging holding detergents or cleaning products that are squeezable.
Generator of private carter-collected waste. "Generator of private carter-collected waste" or "generator" means any owner, net lessee, lessee, agent or occupant of a premises that generates solid waste or recyclable materials that is collected by a private carter.
Generator of regulated household waste. "Generator of regulated household waste" means any individual who disposes of regulated household waste.
High grade office paper. "High grade office paper" includes: white bond paper, including, but not limited to, typing paper, letterhead and copier paper; computer printout; and computer tab cards. Carbon paper and envelopes are not included in the definition of high grade office paper.
Home occupation(s). "Home occupation(s)" means a dwelling unit located within a residential portion of a building that is used in part for the purpose of engaging in an occupation authorized by law to be practiced at such location in addition to residential use.
Hospital. "Hospital" means a facility or institution engaged in providing medical or medical and surgical services primarily to in-patient; by or under the supervision of a physician on a twenty-four hour basis with provisions for admission or treatment of persons in need of emergency care and with an organized medical staff and nursing service, including facilities providing services relating to particular diseases, injuries, conditions, or deformities. This term shall not include a public health center, diagnostic center, treatment center, out-patient lodge, dispensary and laboratory or central service facility serving more than one institution.
Household. "Household" means dwelling or residential building unit within a residential building as defined in this section.
Institution. "Institution" includes non-profit organizations and other facilities or organizations receiving Department collection service or free dump privileges at Department solid waste disposal facilities. Excluded from the definition of institutions are college or university owned residential apartment buildings that are located outside of the college's or university's campus. Such buildings shall be covered by recycling rules for residential buildings.
Laboratory waste. "Laboratory waste" means all matter, other than regulated medical waste, that is discarded from clinical, pathological or research laboratory areas at which activities are required to be conducted or supervised by persons licensed by the city or state to provide health, medical, pharmaceutical, or laboratory services.
Mechanized collection. "Mechanized collection" means collection service where building solid waste and/or designated recyclable materials collected by the Department are placed in containers for mechanized collection which, on collection day, are in an area accessible to Department vehicles. Containers are then mechanically lifted by and emptied into collection vehicles. The commencement of mechanized collection service for designated recyclable materials shall be scheduled on a building by building basis.
Medical office(s) / Group medical center(s). "Medical office(s) / Group medical center(s)" means an office located within a residential portion of a building that is used for the purpose of practicing a medical profession authorized by law to be practiced at such location.
Metal items. "Metal items" means items that are more than fifty percent metal, including, but not limited to, large metal appliances, such as stoves, ovens and dishwashers; small metal appliances, such as toasters and irons; metal utensils, pots and pans; wire hangers; metal cabinets; metal pencil sharpeners or staplers; metal furniture; window screens; metal lighting fixtures; metal tools; metal boxes, such as tool and mail boxes; nuts and bolts; lawn mowers; bicycles; and metal toys.
Mixed paper. "Mixed paper" includes: junk mail, smooth cardboard, such as cereal and shoe boxes and cardboard tubes from paper towels; white and colored paper; manila folders; envelopes, including plastic window envelopes; paper bags; paper or cardboard cartons and trays, such as egg cartons and produce trays; and soft-cover books. Such term does not include plastic or wax coated paper; carbon paper, or hard-cover books.
Non-putrescible solid waste. "Non-putrescible solid waste" means 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.
Nursing home. "Nursing home" means a facility, institution, or portion thereof, subject to Article 28 of the New York State Public Health Law, providing lodging therein for 24 or more consecutive hours to three or more nursing home residents who are not related to the operator by marriage or by blood within the third degree of consanguinity, nor are the domestic partner, as such term is defined in this section, of the operator, who need regular nursing home services or other professional services and do not require the services of a hospital.
Organic Waste. "Organic Waste" shall have the same meaning as set forth in § 16-303 of the Administrative Code of the city of New York, except that organic waste shall not include food that is donated to a third party, food that is sold to farmers for feedstock, and meat byproducts that are sold to a rendering company.
Organic Waste Processing Facility. "Organic waste processing facility" means a combination of managed processes, structures, machinery or devices utilized to alter the physical characteristics of organic waste by turning it into a product, at which source-separated organic waste is received and processed through a beneficial organic waste use for the purpose of reuse or sale, that is authorized to operate by the New York state department of environmental conservation if located in the state of New York, or authorized to operate by the applicable state or local authority, if located outside of the state of New York.
Other Residential Office(s). "Other Residential Office(s)" means an office, other than a medical office/group medical center, located within a residential portion of a building that is authorized by law to be used as an office by virtue of such use having been established prior to December 15, 1961.
Person. "Person" means any individual, partnership, company, corporation, association, firm, organization, or any other group of individuals, or any officer or employee or agent thereof, provided that person shall not mean any individual who generates regulated household waste.
Private carter. "Private carter" means any person required to be licensed or permitted pursuant to Title 16-A of the Administrative Code of the city of New York.
Public building. "Public building" means any building used and occupied and maintained and operated by an agency of the City of New York or of the State of New York.
Puncture resistant container. "Puncture resistant container" means any metal container which has a secured lid that is taped closed and which cannot be pierced by regulated household waste (e.g., coffee can).
Putrescible solid waste. "Putrescible solid waste" means solid waste containing organic matter having the tendency to decompose with the formation of malodorous by-products.
Recyclable materials. "Recyclable materials" means materials that may be separated, collected, processed, marketed and returned to the economy in the form of raw materials or products, including but not limited to, types of metal, glass, paper, rigid plastic, food waste, tires and yard waste.
Recycled or recycling. "Recycled" or "recycling" means any process by which recyclable materials are separated, collected, processed, marketed and returned to the economy in the form of raw materials or products.
Recycler. "Recycler" means any person who lawfully collects, accepts, or otherwise processes recyclable materials who is not required to be licensed or registered pursuant to Title 16-A of the Administrative Code of the city of New York.
Recycling processing facility. "Recycling Processing Facility" means a facility that is registered or permitted by the New York State of Department of Environmental Conservation and/or the department at which: 1) designated recyclables, other than organic waste, are delivered separately from solid waste; or, 2) source-separated designated recyclables, other than organic waste, are processed for the purpose of reuse or sale.
Regulated household waste. "Regulated household waste" means any item that may cause punctures or cuts that is used in the administration of medication and is disposed of with residential solid waste, including but not limited to intravenous tubing and syringes with needles attached. Regulated household waste shall not include such items generated by persons licensed by the city or state to provide health, medical, pharmaceutical or laboratory services at facilities where such services are performed, but shall include any such items generated in the course of home health care.
Regulated medical waste. "Regulated medical waste" shall have the meaning set forth in title 15 of article 27 of the New York State environmental conservation law, in title 13 of article 13 of the New York State public health law, or in § 16-120.1 of the Administrative Code of the City of New York or any rules and regulations promulgated pursuant to such provisions of law.
Residential building. "Residential building" means any building used and occupied for residential purposes by a person or persons (other than and in addition to the owner, superintendent, janitor, or caretaker) including all single-family and two-family residential buildings, excepting, however, hotels.
Residential solid waste. "Residential solid waste" means solid waste generated by a residential building.
Rigid plastic.
(1) "Rigid plastic" means any item that: (i) is composed predominantly of plastic resin; (ii) has a relatively inflexible fixed shape or form; and (iii) is capable of maintaining its shape or form, whether empty or full, under normal usage, independent of any product that it contains or other external support.
(2) Examples of rigid plastic items may include, but are not limited to: bottles, jars, jugs, fruit cups, pudding cups, yogurt cups, other dairy cups, dairy tubs, pails, "clamshell" or other take-out containers, boxes, bulk items, baskets, buckets, crates, beverage bottle carriers, flower or other gardening pots, toys, bulky housewares, small and large household appliances, furniture and decorations, single-use plates, cups, bowls, platters, and cutlery, trays that have sidewalls designed to contain a product in the tray, lids, caps, handles and hinges, and any durable plastic packaging that holds a food, household product, or consumer product for sale, re-sale or reuse.
(3) Notwithstanding paragraph (1) of this definition, the term "rigid plastic" does not include the following:
(i) "Foam" items, including expanded polystyrene, expanded polypropylene or other "foam" containers, boxes, insulated coolers, toys, trays or single-use plates and cups;
(ii) Flexible plastic;
(iii) Film plastic;
(iv) Cigarette lighters and butane gas lighters;
(v) Cassette and VHS tapes;
(vi) Pens and markers;
(vii) Three-ring binders;
(viii) Umbrellas;
(ix) Garden hoses;
(x) Luggage;
(xi) Sponges; and
(xii) Sports balls, including, but not limited to, basketballs, bowling balls, soccer balls, footballs, or yoga balls.
Single stream collection and recycling. "Single stream collection and recycling" means a system in which designated recyclable metal, glass and plastic, and designated recyclable paper, are placed in the same bags or bins by the generator. Such bags and/or the contents of such bins are placed into one waste hauling truck, separate from solid waste and organic waste, and are delivered directly to a recycling processing facility. Such recycling processing facility must be designed to receive, separate and process for reuse or sale commingled loads of designated recyclable metal, glass and plastic, and designated recyclable paper.
Solid waste. "Solid waste" means all putrescible and non-putrescible materials or substances, except as described in paragraph (3) of this definition, that are discarded or rejected, as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to garbage, refuse, industrial and commercial waste, rubbish, tires, ashes, contained gaseous material, incinerator residue, construction and demolition debris that is not designated as recyclable pursuant to this chapter, discarded automobiles and offal.
(1) A material is discarded if it is abandoned by being:
(i) disposed of;
(ii) burned or incinerated, including material being burned as a fuel for the purpose of recovering useable energy; or
(iii) accumulated, stored or physically, chemically or biologically treated (other than burned or incinerated) instead of or before being disposed of.
(2) A material is disposed of if it is discharged, deposited, injected, dumped, spilled, leaked, or placed into or on any land or water so that such material or any constituent thereof may enter the environment or be emitted into the air or discharged into groundwater or surface water.
(3) The following are not solid waste for the purpose of this definition:
(i) domestic sewage;
(ii) any mixture of domestic sewage and other waste that passes through a sewer system to a publicly owned treatment works for treatment, except (A) any material that is introduced into such system in order to avoid the provisions of this chapter or the state regulations promulgated to regulate solid waste management facilities pursuant to part 360 of title 6 of the New York Code, Rules and Regulations or (B) food waste;
(iii) industrial wastewater discharges that are actual point source discharges subject to permits under article 17 of the New York state environmental conservation law; industrial wastewaters while they are being collected, stored or treated before discharge and sludges that are generated by industrial wastewater treatment are solid wastes;
(iv) irrigation return flows;
(v) 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.;
(vi) materials subject to in-situ mining techniques which are not removed from the ground as part of the extraction process;
(vii) hazardous waste as defined in section 27-0901 of the New York state environmental conservation law; and
(viii) regulated medical waste or other medical waste as described in § 16-120.1 of the Administrative Code of the city of New York. Nothing in this provision shall omit the requirement to be licensed or registered pursuant to Title 16-A of the Administrative Code of the city of New York.
Source separation. "Source separation" means the separation of designated recyclable materials from each other or the separation of designated recyclable materials from solid waste at the point of generation.
Special Use Building. "Special Use Building" means any premise or structure during the period in which any such premise or structure is or shall be exempt from real estate taxation by the City of New York; excepting, however, any and all such premises or structures owned, possessed or occupied by the government of the United States and/or by interstate agencies, such as, and including, but not limited to, the Port Authority of New York and New Jersey.
Surgical Waste. "Surgical Waste" means all materials, other than regulated medical waste, discarded from surgical procedures and includes, but is not limited to, disposable gowns, shoe covers, masks, headcovers, gloves and sponges.
Yard waste. "Yard waste" means leaves, grass clippings, garden debris, and vegetative residue that is recognizable as part of a plant or vegetable, small or chipped branches, and similar material.
(Amended City Record 12/18/2015, eff. 1/17/2016; amended City Record 2/5/2016, eff. 3/6/2016; amended 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.
(a) Subject to the conditions and fees set forth in 16 RCNY §§ 1-02.2, 1-02.3, and 1-03, the Department will provide collection service for ashes and solid waste generated by occupants of residential buildings, public buildings and special use buildings, excluding, however, all commercial occupants of said residential buildings unless such service is otherwise authorized by 16 RCNY § 1-03.
(b) The Department will remove or cause the bodies of dead animals to be removed only from the curb or the edge of the roadway abutting any and every building, structure, premises, or location when the body or bodies have been so placed for collection by or for the owner, tenant, lessee, occupant, or person in charge of the abutting building, structure, premises, or location.
(c) The Department will collect only such ashes or solid waste as shall be sorted and arranged in such containers and the containers placed at such points for collection as is, or shall be required by applicable provisions of State and local law and by the Health Code of the City of New York.
(d) The Department will collect (except from structures of a class or kind which the Department was not obligated to service prior to May 20, 1966) only such compacted refuse having a density not in excess of 700 pounds per cubic yard and provided that compacted refuse from wet-process systems shall not have a moisture content in excess of 40 percent by weight. Compacted refuse shall not be bound with incombustible ties.
(e) Upon the request of any authorized representative of the New York City Department of Housing Preservation and Development, the Commissioner may, in his/her absolute discretion, authorize the collection of construction and demolition debris, originating from any premise or structure owned or managed by the City of New York, the rehabilitation of which is administered by the New York City Department of Housing Preservation and Development or its contractor.
(Amended City Record 2/5/2016, eff. 8/1/2016; amended City Record 12/20/2021, eff. 4/1/2022; amended City Record 12/1/2022, eff. 12/31/2022)
(a) Except as otherwise authorized in 16 RCNY § 1-02.3, occupants of residential buildings, public buildings, and special use buildings, except commercial occupants of residential buildings where Department collection service is not otherwise authorized by 16 RCNY § 1-03, shall place their receptacles or bags containing solid waste or recyclables out at the curb for collection by the Department as follows:
2. The following materials must be placed out at the curb no earlier than 6:00 p.m. on the day before scheduled collection and no later than 12:00 a.m. on the scheduled collection day: (i) materials placed out for collection in receptacles with a tight-fitting lid; and (ii) designated recyclable paper that is tied and bundled securely without a container and set out in accordance with the requirements found in 16 RCNY § 1-08(h);
4. Receptacles containing designated recyclable materials, organic waste or yard waste that are set out at the curb must comply with the container specifications found in 16 RCNY § 1-08; and
5. All receptacles shall be removed before 9:00 p.m. on the day of collection, or if such collection occurs after 4:00 p.m., then before 9:00 a.m. on the day following collection.
(b) A commercial establishment that receives collection from a private carter shall place receptacles or bags containing solid waste or recyclables out at the curb for private carter collection as follows:
1. Except as provided in paragraph (2) of this subdivision, and in accordance with 16 RCNY § 1-02.4, materials must be placed out at the curb no earlier than 8:00 p.m. prior to scheduled collection provided that such collection takes place later that same day or on the day immediately following;
2. Except as required in 16 RCNY § 1-02.4, materials placed out for collection in receptacles with a tight-fitting lid, and designated recyclable paper that is tied and bundled securely without a container, may be placed out for collection at the curb no earlier than one hour before closing, provided that the scheduled collection occurs before the establishment next reopens for business;
3. Any receptacle placed out for collection must be removed from the curb no later than the time the commercial establishment next reopens for business; and
4. The requirements of this subdivision do not apply to commercial establishments that receive off-street collection, including collection from inside a loading dock.
(c) If the Mayor declares a health or solid waste emergency, the Commissioner may change the authorized times for placement of receptacles or bags containing solid waste or recyclables for collection for the duration of the emergency.
(d) Any receptacles used for the set out of waste pursuant to subdivision (a) or (b) of this section must be kept clean and in good repair. If other storage areas on the premises are not available, receptacles may be stored in the area within 3 feet of the building line on the sidewalk, provided that such receptacles are maintained in an orderly manner and do not impede or obstruct pedestrian flow on the sidewalk.
(e) Suspension of container requirements:
1. The requirements to set waste out in containers in this section and 16 RCNY § 1-02.4 may be suspended if:
a. the Mayor declares a health or solid waste emergency; or
b. the Commissioner determines that weather conditions are not conducive to the use of receptacles; or
c. the Commissioner determines that the use of such receptacles would constitute a public nuisance.
2. In the case container requirements are suspended pursuant to paragraph 1 of this subdivision, materials may be placed out for collection as follows:
a. Occupants of residential buildings, public buildings, and special use buildings, except commercial occupants of residential buildings where Department collection service is not otherwise authorized by 16 RCNY § 1-03, shall place their receptacles or bags containing solid waste or recyclables out at the curb for collection no earlier than 6:00 p.m. on the day before scheduled collection and no later than 12:00 a.m. on the scheduled collection day.
b. A commercial establishment that receives collection from a private carter shall place receptacles or bags containing solid waste or recyclables out at the curb for private carter collection shall place receptacles or bags containing solid waste or recyclables out at the curb for private carter collection no earlier than either 8:00 p.m. or one hour before closing, whichever is earlier.
(Amended City Record 4/5/2017, eff. 5/5/2017; amended City Record 12/1/2022, eff. 12/31/2022; amended City Record 6/30/2023, eff. 7/30/2023; amended City Record 9/4/2024, eff. 10/4/2024; amended City Record 11/15/2024, eff. 12/15/2024)
(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)
(a) Definitions. For the purposes of this section:
1. A "multiunit building" means a multiple dwelling that receives Department collection service and has nine or more dwelling units; and
2. The "program application period" means the period of time beginning January 1 and ending January 31 of each calendar year.
(b) Program Requirements. An owner, or their agent, of a multiunit building may apply to the Department for enrollment in the multiunit building collection program to allow approved multiunit buildings to place their receptacles or bags containing solid waste or recyclables out at the curb for collection by the Department as follows:
1. Materials must be placed out at the curb no earlier than 4:00 a.m. on the day of collection and no later than 7:00 a.m. on the day of collection.
2. Receptacles containing solid waste that are set out at the curb must not exceed fifty-five gallons in size; and
3. Receptacles containing designated recyclable materials that are set out at the curb must comply with the container specifications found in 16 RCNY § 1-08.
(c) Application and Enrollment Process. The multiunit building program shall be an ongoing program providing an annual application period for new enrollees and an automatic annual renewal for multiunit buildings already enrolled in the program in compliance with program requirements. The multiunit building program enrollment and approval process is as follows:
1. An owner, or their agent, of a multiunit building may submit a new application to the Department to enroll in the multiunit building collection program during the program application period in accordance with the requirements of subdivision (d) of this section.
2. The Department shall have until March 1 to review any new multiunit building applications submitted during the program application period. The Department may deny an application for the multiunit building collection program if participation by a multiunit building in such program would constitute a public nuisance, or if such building has failed to comply with the requirements of this program during a prior enrollment in the three years preceding an application.
3. Applicants denied by the Department for enrollment in the multiunit building collection program shall be notified in writing no later than March 1 of the calendar year in which the application is submitted. Buildings denied by the Department shall set out materials for collection pursuant to the requirements in 16 RCNY § 1-02.1. If an application or renewal is denied by the Department, the applicant will have 30 days to submit an appeal in writing to the Commissioner. The Commissioner shall respond to this appeal in a reasonable time, and such decision will be deemed a final determination. Those buildings that are currently enrolled in the multiunit building collection program shall be allowed to continue participation in such program pending a final determination by the Department.
4. Applicants approved by the Department for enrollment in the multiunit building collection program shall be notified in writing no later than March 1 of the calendar year in which the application is submitted. Such approved multiunit buildings shall comply with the requirements set forth in subdivision (b) of this section beginning on April 1 of the calendar year in which the application is submitted.
5. Approved enrollment in the multiunit building collection program shall renew automatically each subsequent year, unless terminated by an owner, or their agent, or by the Department pursuant to subdivision (e) of this section. If a renewal is denied by the Department, the applicant will have 30 days to submit an appeal in writing to the Commissioner. The Commissioner shall respond to this appeal in a reasonable time, and such decision will be deemed a final determination. Those buildings that are currently enrolled in the multiunit building collection program shall be allowed to continue participation in such program pending a final determination by the Department.
(d) Application Requirements. New applications to enroll in the multiunit building collection program must be submitted by the owner, or their agent, of a multiunit building to the Department in a form and format determined by the Department during the program application period. There is no fee to enroll. Such application shall include:
1. the name and contact information of the owner of such building, and their agent, if applicable;
2. the number of dwelling units in such building;
3. an attestation that the owner of such building, or their agent, agrees to place receptacles or bags containing solid waste or recyclables at the curb consistent with subdivision (b) of this section; and
4. any additional information deemed necessary by the Department.
(e) Termination of enrollment.
1. At any point, upon 30 days written notice to an owner, or their agent, the Department may terminate the participation in the multiunit building collection program of any building that causes a public nuisance or who fails to comply with the requirements of this program.
2. An owner, or their agent, of a building enrolled in the multiunit building collection program may opt to terminate participation in this program only during the program application period. Such termination shall be effective beginning April 1 thereafter.
3. When a building enrolled in the multiunit building collection program has a change in ownership, the owner that enrolled the building in the program shall notify the Department in writing to cancel enrollment in the program thirty days prior to the closing of the sale of the building. Cancellation of enrollment in the program shall be effective upon receipt of the notice. The enrollment cancellation notice to the Department shall include the name and contact information of the new building ownership.
(f) Annual notification. The Department shall notify, in writing, the owners, or their agents, of multiunit buildings enrolled in this program of their obligations under this program no later than December 31 each year that they are enrolled.
(Added City Record 12/1/2022, eff. 12/31/2022)
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