(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)