a. Definitions. For the purposes of this section, the following terms have the following meanings:
Application period. The term “application period” means the period of time in which the Department will accept applications from buildings containing 10 to 30 dwelling units to opt in to the use of stationary on-street containers in a pilot area and during which buildings containing more than 30 dwelling units must provide certain information to the Department.
End Date. The term “end date” means the date by which all buildings in the pilot area no longer have to comply with applicable containerization requirements as described in this section and by which the Department will remove any stationary on-street containers placed pursuant to this rule from the public right-of-way, to the extent provided by applicable law.
Implementation date. The term “implementation date” means the date by which all buildings in the pilot area must comply with applicable containerization requirements as provided in this section.
Stationary on-street container. The term “stationary on-street container” means a container for the storage and collection of residential waste that the Department procures from an authorized vendor and that the Department, in consultation with the Department of Transportation, places in the public right-of-way.
b. The following chart lists the pilot areas and the application periods, implementation dates, and end dates for such pilot areas.
Pilot Area | Application Period | Implementation Date | End Date |
Manhattan Community District 9 | December 15, 2024 to February 1, 2025 | June 1, 2025 | May 31, 2026 |
c. Residential buildings containing 31 or more dwelling units.
1. Beginning on the implementation date and continuing until the end date, as specified in subdivision b of this section, all residential buildings containing 31 or more dwelling units located in the pilot area must utilize stationary on-street containers for the disposal of refuse for collection by the Department.
2. Notwithstanding paragraph 1 of this subdivision, a building containing 31 or more dwelling units located in the pilot area that receives Department collection, or is applying to receive Department collection, is not required to utilize a stationary on-street container if:
(a) such building receives off-street collection, including collection from inside a loading dock; or
(b) the Department determines that such building’s circumstances warrant a different containerization method or alternative set-out method. The Department will make such determination based on its own independent analysis and inform such building of the method that such building must utilize no later than two months prior to the implementation date specified in subdivision b of this section. Any such method must be in place by the implementation date specified in subdivision b of this section.
3. During the application period, all residential buildings containing 31 or more dwelling units located in area must provide building ownership and applicable contact information using a form available on the Department’s website.
d. Residential buildings containing 10 to 30 dwelling units.
1. Beginning on the implementation date and continuing until the end date, as specified in subdivision b of this section, any residential building containing 10 to 30 dwelling units located in the pilot area must set out its refuse for collection by the Department at the curb in rigid receptacles with tight-fitting lids not exceeding fifty-five gallons in size unless such building is directed by the Department to set out its refuse using an alternative method pursuant to paragraph 2 of this subdivision or approved by the Department to use a stationary on-street container pursuant to paragraph 3 of this subdivision.
2. If the Department determines that the circumstances of a building containing 10 to 30 dwelling units located in the pilot area that receives Department collection, or is applying to receive Department collection, warrant a different containerization method or an alternative set-out method, such building must use such method. The Department will make such determination based on its own independent analysis and will inform such building of the method that such building must utilize no later than two months prior to the implementation date specified in subdivision b of this section. Any such method must be in place by the implementation date specified in subdivision b of this section.
3. Opt-in requirements for buildings containing 10 to 30 dwelling units. An owner of a building containing 10 to 30 dwelling units located in the pilot area or such owner’s agent may apply to the Department during the application period, in accordance with the requirements in paragraph 4 of this subdivision, to place such building’s refuse in a stationary on-street container for collection by the Department.
(a) The Department will review any such request for the use of stationary on-street containers submitted during the application period.
(b) Applicants denied the use of stationary on-street containers will be notified in writing no later than two months prior to the implementation date specified in subdivision b of this section. Such buildings must set out their refuse at the curb for collection by the Department in rigid receptacles with tight-fitting lids not exceeding fifty-five gallons in size in accordance with paragraph 1 of this subdivision unless the Department determines that the building should use an alternative containerization or set out method pursuant to paragraph 2 of this subdivision.
(c) Applicants approved by the Department to utilize stationary on-street containers will be notified in writing no later than two months prior to the implementation date specified in subdivision b of this section and must set out refuse in such containers beginning on such implementation date and continuing until the end date specified in subdivision b of this section.
4. Application requirements. The owner of a residential building containing 10 to 30 dwelling units in a pilot area, or such owner’s agent, that seeks to opt in to setting out such building’s refuse for collection by the Department in a stationary on-street container pursuant to paragraph 3 of this subdivision must submit an application to the Department in a form and format determined by the Department during the application period. Such application must include:
(a) the name and contact information of the owner of the building, and such owner’s agent, if applicable;
(b) the number of dwelling units in the building;
(c) an attestation that the owner of the building, or such owner’s agent, agrees to place all refuse in the stationary on-street containers if the application is approved; and
(d) any additional information deemed necessary by the Department.
e. Change in ownership for residential buildings setting out refuse in stationary on-street containers. When a building setting out refuse in a stationary on-street container pursuant to subdivision c or d of this section has a change in ownership, the new owner, or such owner’s agent, must notify the Department immediately upon such change in ownership. Such notice to the Department must include the name and contact information of the new building ownership and may be submitted using a form available on the Department’s website.
f. The requirements of paragraph 1 of subdivision c and subparagraph (a) of paragraph 1 of subdivision d do not apply to a building if the stationary on-street container assigned to such building has been temporarily removed at the direction of the Department or the Department of Transportation or has otherwise become inaccessible through no fault of the building’s owner or agents. In the case of temporary removal or inaccessibility, such building must set out its refuse in a manner directed by the Department.
g. Maintenance requirements for stationary on-street containers. Each residential building disposing of refuse in a stationary on-street container pursuant to subdivision c or d of this section must ensure that such stationary on-street container is kept clean, well-maintained, and clear of trash, debris, graffiti, vermin, food scraps, and unsanitary conditions. Such residential building must also ensure that the area of the roadway extending 1 1/2 feet beyond each side of such stationary on-street container is kept clean.
(Added City Record 11/15/2024, eff. 12/15/2024)