(a) Agency/Institution facility. For purposes of this section, unless the context clearly indicates otherwise, a "facility within an agency/institution" or a "facility" shall mean a unit, or part of a unit, within an agency/institution that is located in one building or several buildings that operate as an integrated whole.
(b) Designated recyclable materials. Pursuant to § 16-307 of the Administrative Code of the city of New York, the following materials are designated as recyclable materials: metal cans, metal items, aluminum foil, aluminum foil products, metal components of bulk waste, bulk metal, containers made of glass, beverage cartons, rigid plastics and bulk plastic (collectively referred to as designated recyclable metal, glass and plastic); and newspaper, magazines, corrugated cardboard, high grade office paper, catalogs, phone books, and mixed paper (collectively referred to as designated recyclable paper).
(c) Designation of additional materials. The Commissioner may require that a facility within an agency/institution source separate, an additional material for recycling if it is determined by the Commissioner, in consultation with the facility, that the facility generates a recyclable material that has not been designated pursuant to § 16-307 of the Administrative Code of the city of New York in a sufficient quantity to make collection for recycling reasonably practicable. Thereafter, such additional recyclable materials shall be considered designated recyclable materials for that facility and shall be subject to the requirements of this section.
(d) Establishment of recycling program. Each agency/institution shall be responsible for establishing a recycling program in accordance with the requirements set forth in this section. Such recycling program shall be outlined in an implementation plan which shall include:
(1) the location of facilities within the agency/institution and whether each facility receives Department curbside or mechanized collection service, private carter collection service, provides its own collection service or receives a combination of collection services;
(2) the name, title and telephone number of each recycling coordinator required under this subdivision, paragraph (h)(2) and paragraphs (i)(2) and (j)(2) of this section;
(3) a survey of the type of solid waste generated at each facility or type of facility listed; and
(4) the number of employees at each facility, identified as either full-time or part-time employees, and in addition: for schools, the number of students; for jails, the number of inmates; for hospitals, the number of patients; and for shelters, the number of temporary residents, at each facility.
In lieu of submitting information specified in paragraph (4), agencies/institutions may, with Department approval, develop and submit other criteria for estimating the amount of waste generated at a facility. For facilities within agencies/institutions that receive Department collection service, implementation plans shall include, in addition to paragraphs (1), (2), (3) and (4) of this subdivision, the location of the central collection area or areas required in subparagraph (g)(2)(i). For facilities within agencies/institutions that receive private carter service, implementation plans shall include, in addition to paragraphs (1), (2), (3) and (4) of this subdivision, the name of the private carter or private carters, and must identify, by type, each designated recyclable material that will be collected by each private carter, and if applicable, whether the private carter will be utilizing single stream collection of recyclables. Each agency/institution shall appoint an agency/ institution recycling coordinator who shall be responsible for overseeing the establishment and operation of the agency's/institution's recycling program. Each agency/institution shall submit one plan to the Department for approval within three months of the effective date of this section and shall update such plan within a reasonable time if there are any significant changes, including changes in the information required to be supplied under paragraphs (3) and (4) of this subdivision.
(e) Implementation of recycling programs.
(1) Curbside collection: Implementation of recycling requirements for designated recyclable materials that are or will be collected through Department curbside collection service shall be scheduled on a district by district basis. However, facilities located in districts in which residential source separation of a specific material is mandatory prior to the effective date of this section shall have three months from such effective date to implement a recycling program for such material. A facility may receive curbside collection service for specific designated recyclable materials and mechanized collection service for other designated recyclable materials.
(2) Mechanized collection service: Implementation of recycling requirements for designated recyclable materials that are or will be collected through Department mechanized collection service shall be implemented on a building by building basis as scheduled by the Department. A facility may receive mechanized collection service for specific designated recyclable materials and curbside collection service for other designated recyclable materials. The Commissioner may require pursuant to subdivision (f) of this section that a specific designated recyclable material be collected through mechanized collection service.
(3) Implementation of recycling programs in facilities within agencies/institutions that receive private carter collection service shall be scheduled no later than required by rules promulgated under § 16-306 of the New York City Administrative Code for private carter-collected waste.
(4) Implementation of recycling programs in facilities within agencies/institutions that provide their own collection service shall be scheduled as soon as is practicable for each designated recyclable material so long as recycling programs are implemented for all materials no later than one year from the effective date of this section. Notwithstanding any other provision of this paragraph, the Department may require at any time as a condition of receiving free dump privileges at Department solid waste disposal facilities that an agency/institution implement a recycling program for specific designated recyclable materials.
(f) Determination of mechanized collection service. The Commissioner may require, after consultation with the facility, that specific designated recyclable materials be collected from such facility through mechanized collection service. Factors to be considered in imposing this requirement include, but are not limited to:
(1) availability of space for the storage of containers for mechanized collection;
(2) feasibility of departmental access to such containers; and
(3) whether the quantity of a specific designated recyclable material that is required to be source separated is sufficient to warrant mechanized collection service. Any facility not receiving mechanized collection service for a designated recyclable material that is located in a district in which curbside collection of such material has commenced shall receive curbside collection for such material.
(g) Recycling programs in facilities within agency/institutions that receive Department collection service.
(1) Pre-collection source separation requirements and procedures:
(i) Agencies/institutions shall notify employees of the requirements of the recycling program(s) for the facility or facilities in which they work, including what designated recyclable materials are required to be source separated.
(ii) Facilities shall appoint a facility recycling coordinator and, in facilities that occupy more than one floor or functional area, a recycling coordinator for each floor or functional area. Facility recycling coordinators may also act as floor or functional area coordinators and floor or functional area coordinators may be responsible for more than one floor or functional area in one facility. Facility recycling coordinators shall act as liaisons with the agency/institution recycling coordinator and the Department to ensure that the requirements of the facility's recycling program are met, notify the agency/institution recycling coordinator and the Department within a reasonable time if there is a change in such program and coordinate with the Department the collection of bulk waste and all designated recyclable materials generated by the facility.
(iii) Separate containers shall be made available for the pre-collection source separation of each of the following classes of designated recyclable materials:
(A) designated recyclable metal, glass and plastic;
(B) designated recyclable paper; and
(C) where appropriate, bulk waste or additional recyclable materials designated under subdivision (c) of this section. Such containers shall be placed, in accordance with all applicable laws, codes, rules and regulations, in areas reasonably accessible to all employees. Recycling containers shall be clearly labeled to indicate what type of designated recyclable materials may be properly placed therein.
(iv) The Department shall initially supply each facility with a sufficient number of containers for the pre-collection source separation of designated recyclable paper. The number of such containers supplied shall be determined on a case by case basis by the Department in consultation with the facility. However, if a facility requires additional containers because it generates more designated recyclable paper than initially anticipated, upon request, the Department shall supply additional containers. Agencies/institutions shall be responsible for taking reasonable measures to ensure that such containers are used only for designated recyclable paper and that such containers are not lost or stolen.
(v) Containers made of metal, glass, plastic and aluminum foil and aluminum foil products that are required to be source separated shall be empty and rinsed, if necessary, so that they are free from food and beverage prior to their placement in the appropriate container.
(2) Collection requirements and procedures: Management in charge of facility maintenance shall be responsible for ensuring the following:
(i) Designated recyclable materials that have been source separated shall be collected and maintained in separate containers. Such containers shall be stored, in accordance with all applicable laws, codes, rules and regulations, in a central area or, where appropriate, in central areas for collection by the Department. Designated recyclable materials shall be prepared for collection on the collection day(s) designated by the Department for collection of such materials.
(ii) Separate containers shall be made available for the collection and storage of each of the following classes of designated recyclable materials:
(A) designated recyclable metal, glass and plastic;
(B) designated recyclable paper; and
(C) where appropriate, bulk waste or additional recyclable materials designated under subdivision (c) of this section. Such containers shall be clearly labeled to indicate what type of designated recyclable materials may be properly placed therein.
(iii) The Department shall initially supply each facility with a sufficient number of recycling containers for the collection and storage of designated recyclable paper. The number of such collection containers supplied shall be determined on a case by case basis by the Department in consultation with the facility. However, if a facility requires additional containers because it generates more designated recyclable paper than initially anticipated, upon request, the Department shall supply additional containers. Building management shall be responsible for taking reasonable measures to ensure that such containers are used only for designated recyclable paper and that containers are not lost or stolen.
(iv) Curbside collection of newspaper, magazines, catalogs, phone books, high grade office paper, mixed paper and corrugated cardboard: In facilities receiving Department curbside collection service for newspaper, magazines, catalogs, phone books, and corrugated cardboard, such materials shall be placed out for collection in securely tied bundles not exceeding eighteen inches in height. In facilities receiving Department curbside collection service for mixed paper and high grade office paper, such materials may be placed out for curbside collection in plastic bags, provided such bags are: (A) a minimum of 13 and a maximum of 55 gallons in capacity; (B) clear and not colored; and (C) constructed of low density polyethylene or linear low density polyethylene; and (D) comply with subparagraph (2)(viii) of this subdivision.
(v) Mechanized collection of newspaper, magazines, catalogs, phone books, high grade office paper, mixed paper and corrugated cardboard: In facilities receiving Department mechanized collection service for newspaper, magazines, catalogs, phone books, high grade office paper, mixed paper and corrugated cardboard, such materials shall be placed out for collection in containers for mechanized collection that have been approved or supplied by the Department. In addition, corrugated cardboard shall be collapsed and placed into the containers in a manner that will enable the cardboard to fall freely from such containers during collection.
(vi) Plastic bags for designated recyclable metal, glass and plastic: Designated recyclable metal, glass and plastic may be placed out for curbside collection in plastic bags, provided such bags are: (A) a minimum of 13 and a maximum of 55 gallons in capacity; (B) clear and not colored; (C) constructed of low density polyethylene or linear low density polyethylene; and (D) comply with subparagraph (2)(viii) of this subdivision.
(vii) Designated recyclable paper (other than mixed paper and high grade office paper) may not be placed out for Department collection in clear plastic bags unless the Commissioner has required the use of transparent bags for purposes of monitoring compliance with this section.
(viii) Clear plastic recycling bags for designated recyclable paper and designated recyclable metal, glass and plastic shall be manufactured by a manufacturer that, on an annual basis, uses at least 25% post-consumer material overall in its production of such bags. For the purposes of this subparagraph, "post-consumer material" shall have the same meaning as defined in subdivision (g) of § 16-303 of the Administrative Code. Any written statement from the manufacturer of plastic bags that it has complied with the post-consumer content requirements for such bags shall relieve the user of such bags from liability for deviation from post-consumer content requirements.
(h) Recycling programs in facilities within agencies/institutions that receive private carter collection service. Recycling programs in facilities that receive private-carter collection service shall comply with rules promulgated under § 16-306 of the New York City Administrative Code for private-carter collected waste, unless the private carter receives free dump privileges at Department solid waste disposal facilities. This subdivision shall only apply to institutions and their facilities if their private carter receives free dump privileges at Department solid waste disposal facilities.
(1) Recycling programs in facilities in agencies/institutions that receive private carter collection service shall provide for source separation of designated recyclable materials from solid waste and organic waste, if applicable.
(2) All facilities that receive private carter collection service shall appoint a facility recycling coordinator to ensure compliance with the facility's recycling program and to notify his/her agency/institution recycling coordinator and the Department within a reasonable time of any change in such program.
(i) Recycling programs in facilities within city agencies that provide their own collection service:
(1) Recycling programs in City agency facilities that provide their own collection service shall provide for source separation of designated recyclable materials into the following classes:
(i) designated recyclable metal, glass and plastic;
(ii) designated recyclable paper;
(iii) bulk waste; and
(iv) additional recyclable materials designated under subdivision (c) of this section. Notwithstanding the preceding sentence, City agency facilities that provide their own collection service may, with Department approval, source separate designated recyclable materials into fewer classes of materials. Factors to be considered in granting such approval include, but are not limited to, whether the quantity of designated recyclable materials recovered for recycling would decrease significantly and whether the ability to recycle the recovered materials would be adversely affected.
(2) Facilities shall appoint a facility recycling coordinator to ensure compliance with the facility's recycling program and to notify his/her agency recycling coordinator and the Department within a reasonable time of any change in such program.
(3) Facilities shall document the type(s) of material(s) collected for recycling and the tonnage collected unless such materials are delivered for recycling to Department facilities or Department contractors. Tonnage shall be documented for each class of designated recyclable materials. Such documentation shall be submitted to the Department on a monthly basis.
(j) Recycling programs in facilities within institutions that provide their own collection service and receive free dump privileges at Department solid waste disposal facilities:
(1) Recycling programs in facilities within institutions that provide their own collection service and receive free dump privileges at Department solid waste disposal facilities shall provide for source separation of designated recyclable materials from solid waste and organic waste, if applicable.
(2) Facilities shall appoint a facility recycling coordinator to ensure compliance with the facility's recycling program and to notify his/her institution's recycling coordinator and the Department within a reasonable time of any change in such program.
(3) Facilities shall make provisions to ensure that designated recyclable materials that are required to be source separated are recycled. Upon request, a facility shall provide the Department with reasonable documentation that such provisions have been made.
(k) Agency/Institution contractors. Agencies/institutions or their facilities that contract for services that result in the generation of designated recyclable materials shall make provisions to recycle those materials. This subdivision shall only apply to institutions and their facilities if the contractor receives free dump privileges at Department solid waste disposal facilities.
(l) State Agencies. New York State agencies shall comply with the provisions of this section as a condition of receiving Department collection service or free dump privileges at Department solid waste disposal facilities.
(m) Institutions. Institutions shall comply with the provisions of this section as a condition of receiving Department collection service or free dump privileges at New York City solid waste disposal facilities. In addition, non-governmental institutions shall be subject to civil penalties as provided for in § 16-324 of the New York City Administrative Code for violation of the provisions of this section.
(n) Health care facilities. Notwithstanding any other provision of this section, nothing in this section shall be interpreted to apply to patient care areas in health care facilities, including in-patient care units and other clinical areas, in which regulated medical waste or other medical waste, as such terms are defined in § 16-120.1 of the New York City Administrative Code, is generated on a regular basis. However, health care facilities shall make reasonable efforts to minimize the amount of designated recyclable materials that are disposed of in patient care areas.
(Amended City Record 2/5/2016, eff. 8/1/2016; 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.