(a) For purposes of this section, the term “authorized vendor” means any vendor selected by the Department through a competitive procurement process to produce New York City standardized receptacles, with the approval of the Department of Health and Mental Hygiene and the Department of Housing Preservation and Development.
(b) No later than November 12, 2024, all buildings that receive Department collection pursuant to 16 RCNY § 1-02(a) or collection from another city agency, other than residential buildings containing ten or more dwelling units, must set out any refuse at the curb for collection by the Department or another city agency in rigid receptacles with tight fitting lids.
(c) No later than June 1, 2026, all buildings that receive Department collection pursuant to 16 RCNY § 1-02(a) or collection from another city agency, other than residential buildings containing ten or more dwelling units, must set out any refuse at the curb for collection by the Department or another city agency in rigid receptacles with tightfitting lids that are purchased from an authorized vendor, and in accordance with 16 RCNY § 1-02.1(a).
(d) Buildings that receive Department collection, or are applying for collection service, may request a waiver from the Department of the requirements set forth in subdivisions (b) and (c) of this section if compliance would create a public safety hazard for pedestrians, or if compliance with these requirements would pose an unreasonable hardship, provided that:
1. Buildings must submit a waiver request using a form available on the Department’s website;
2. The Department will notify such building within 60 days if such temporary waiver has been granted or denied;
3. Buildings denied a temporary waiver have 30 days to submit an appeal in writing to the Commissioner. The Commissioner will issue a decision on such appeal in a reasonable time, and such decision will be deemed a final determination. Such building will not be required to comply with the requirements of this section until a final determination is made by the Department; and
4. Such temporary waiver will only be in effect until the Department implements a containerization solution that can accommodate the volume of refuse that such building regularly produces without creating a public safety hazard for pedestrians or an unreasonable hardship.
(Added City Record 9/4/2024, eff. 10/4/2024)