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(a) Designated recyclable materials. Pursuant to § 16-305 of the New York City Administrative Code the following materials are designated as recyclable materials for purposes of this section:
(1) metal cans, metal items, aluminum foil, aluminum foil products, containers made of glass, beverage cartons, and rigid plastics (collectively referred to as designated recyclable metal, glass and plastic);
(2) newspaper, magazines, catalogs, phone books, mixed paper and corrugated cardboard (collectively referred to as designated recyclable paper); and
(3) organic waste, including yard waste.
This subdivision notwithstanding, designated recyclable paper and designated recyclable metal, glass and plastic items that are substantially soiled with food, paint or some other contaminating material shall not be considered a designated recyclable material.
(b) Implementation.
(1) The requirement that a specific designated recyclable material be source separated shall be scheduled and implemented by the Department on a citywide basis.
(2) Notwithstanding paragraph (1) of this subdivision, the source separation of yard waste and organic waste shall be required in the designated districts and on the designated timetable set forth in subdivision (k) of this section.
(3) Notwithstanding paragraph (1) of this subdivision, organic waste may be commingled with yard waste.
(c) All designated recyclable materials must be prepared and placed out for collection in the manner prescribed in this section on the collection day(s) that the Commissioner, in his/her discretion, designates for recycling in each recycling district.
(d) Determination of mechanized collection service. The Commissioner, after consultation with the owner, net lessee or person-in-charge of a residential building, may require that designated recyclable materials be collected from such building through mechanized collection service. Factors to be considered in imposing such a requirement include, but are not limited to:
(1) availability of space within the building or behind the property line for the storage of containers for mechanized collection;
(2) feasibility of Department access to such containers; and
(3) whether the quantity of designated recyclable materials generated is sufficient to warrant mechanized collection, as determined by the Commissioner. Every building shall receive curbside collection service for designated recyclable materials unless a determination pursuant to this subdivision has been made to collect such materials via mechanized collection service and such service has commenced.
(e) Recycling containers.
(1) Rigid containers for curbside recycling collection service:
(i) Rigid containers for designated recyclable paper: Designated recyclable paper may be placed out for curbside collection in rigid containers provided such containers are: (A) a minimum of 18 and a maximum of 55 gallons in capacity; (B) covered by a lid; and (C) clearly labeled with the words "Recycling: Mixed Paper", or some variation thereof, in letters no less than four inches in height. Alternatively, Department decals may be used to label containers. The Department recommends, but does not require, that rigid containers for curbside recycling collection of designated recyclable paper be green in color.
(ii) Rigid containers for designated recyclable metal, glass and plastic: Designated recyclable metal, glass and plastic may be placed out for curbside collection in rigid containers provided such containers are: (A) a minimum of 18 and a maximum of 55 gallons in capacity; (B) covered by a lid; and (C) clearly labeled with the words "Recycling: Metal, Glass and Plastic", or some variation thereof, in letters no less than four inches in height. Alternatively, Department decals may be used to label containers. The Department recommends, but does not require, that rigid containers for curbside recycling collection of designated recyclable metal, glass and plastic be blue in color.
(iii) Rigid containers for designated yard waste: Designated yard waste may be placed out for curbside collection in rigid containers, provided that such containers are: (A) a minimum of 13 and a maximum of 55 gallons in capacity and (B) clearly labeled with the words "Yard Waste" or some variation thereof, in letters no less than four inches in height. Alternatively, Department decals may be used to label containers.
(iv) Rigid containers for designated organic waste: Designated organic waste may be placed out for curbside collection in containers that are: (A) a minimum of 13 and a maximum of 55 gallons in capacity; (B) covered by a tight-fitting lid; and (C) clearly labeled with the words "Organic Waste" or some variation thereof, in letters no less than four inches in height. Alternatively, Department decals may be used to label containers. Containers for organic waste may be lined with a clear plastic bag.
(2) Plastic bags for curbside collection service:
(i) Plastic bags for designated recyclable paper: Designated recyclable paper consisting of mixed paper 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.
(ii) 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; and (C) constructed of low density polyethylene or linear low density polyethylene.
(iii) Plastic bags for designated yard waste: Designated yard waste 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. Designated yard waste commingled with designated organic waste may not be placed out for collection in plastic bags.
(3) Containers for mechanized collection service of designated recyclable paper: Containers for mechanized collection must be capable of being serviced by Department collection vehicles. Containers used for mechanized collection of designated recyclable paper must be white in color. Containers must be clearly labeled to indicate designated recyclable paper may be properly placed therein. In conjunction with its determination to provide mechanized collection service under subdivision (d) of this section, the Department may supply additional specifications for containers for mechanized collection service, and shall provide information as to where containers that comply with Department specifications may be purchased.
(4) Paper bags for designated yard waste: Designated yard waste may be placed in two-ply wet strength stock (fifty pounds each ply) leak-proof paper bags. Such bags must not exceed 16 inches in length by 12 inches in width by 35 inches in height, and must have a minimum capacity of 30 gallons and a maximum capacity of 55 gallons. Designated yard waste commingled with designated organic waste may not be placed out for collection in paper bags.
(f) Responsibilities and pre-collection recycling procedures for owners, net lessees or persons-in-charge of residential buildings containing four or more dwelling units – curbside or mechanized collection service.
(1) Notice / Resident Education. The owner, net lessee, or person-in-charge of a residential building containing four or more dwelling units must be responsible for notifying the residents of such building of the requirements of the New York City Recycling Law (New York City Administrative Code, §§ 16-301 et seq.) by, at a minimum, posting and maintaining one or more signs in the storage area(s) required by paragraph (2) of this subdivision, and in other areas as required by this paragraph.
(i) Posted signs must set forth what materials are required to be source separated, the location of the building's designated recycling area where source separated recyclables will be stored, and how to dispose of such materials in that building, including the rinsing requirement as set forth in paragraph (g)(3) of this section. In buildings receiving curbside collection service in which residents are required to tie newspapers, magazines, catalogs, phone books or corrugated cardboard into bundles as set forth in subparagraph (h)(2)(i) of this section, such requirement must be included on the posted sign. Posted signs must be at least 8 1/2 by 11 inches in size and must use lettering of a conspicuous size.
(ii) The owner or person-in-charge of such residential building must also be responsible for making available to each resident at the inception of a lease a department-issued guide to recycling. Such recycling guide may be obtained from the department in print form or downloaded from the department's website. If the area designated for the collection and storage of designated recyclable materials is other than the regular solid waste collection area, the owner, net lessee or person-in-charge of the building must post a sign in the regular solid waste collection area informing residents of where to bring such materials.
(iii) In buildings in which the designated area for collection of recyclables is outside of the building, in lieu of posting a sign in such outside storage area, the owner, net lessee or person-in-charge of the building may post a sign or signs containing information required by this subdivision near the entrance to, or resident mailbox area(s) for, such building, or in some other public area in the building routinely visited by all building residents.
(iv) In buildings in which designated recyclable materials are collected at the back entrance of individual dwelling units or at locations other than the designated storage area, the owner, net lessee or person-in-charge must post a sign containing the information required by this subdivision at each such location.
(v) In buildings in which designated recyclable materials are collected at the front entrance of individual dwelling units, the owner, net lessee or person-in-charge must conspicuously post on each floor a sign containing the information required by this subdivision.
(2) Proper storage. The owner, net lessee, or person-in-charge of a residential building containing four or more dwelling units must, in accordance with all applicable laws, codes and rules and regulations:
(i) designate a storage area or areas in the building that is reasonably accessible to building residents for the pre-collection storage of designated recyclable materials. If reasonably accessible storage space is not available in the building, and such space is available behind the building's property line, such space behind the property line may be designated for the pre-collection storage of designated recyclable materials;
(ii) maintain the storage area(s) and store designated recyclable materials so as not to create a nuisance or sanitary problem; and
(iii) provide a sufficient number of recycling containers in each storage area so as to prevent spillover from containers and to avoid the improper disposal of designated recyclable materials. Such recycling containers must be clearly labeled with letters of a conspicuous size to indicate what designated recyclable materials may be properly placed therein, but are not required to comply with subdivision (e) of this section provided such containers are not placed at the curbside for collection. Storage areas need not be accessible to building residents in buildings in which designated recyclable materials are collected at individual dwelling units or at accessible locations other than the designated storage area.
(3) Separation of designated yard waste and designated organic waste. The owner, net lessee, or person-in-charge of a residential building containing four or more dwelling units must, in accordance with all applicable laws, codes and rules and regulations:
(i) designate a storage area or areas in the building that is reasonably accessible to building residents for the pre-collection storage of yard waste and organic waste. If reasonably accessible storage space is not available in the building, and such space is available behind the building's property line, such space behind the property line may be designated for the pre-collection storage of designated recyclable materials;
(ii) maintain the storage area(s) and store yard waste and organic waste so as not to create a nuisance or sanitary problem; and
(iii) provide a sufficient number of containers in each storage area so as to prevent spillover from containers and to avoid the improper disposal of yard waste and organic waste. Such recycling containers must be clearly labeled with letters of a conspicuous size to indicate that yard waste and organic waste may be properly placed therein, but are not required to comply with subdivision (e) of this section provided such containers are not placed at the curbside for collection. Storage areas need not be accessible to building residents in buildings in which designated recyclable materials are collected at individual dwelling units or at accessible locations other than the designated storage area.
(g) Responsibilities and pre-collection recycling procedures for owners, residents, net lessees and persons-in-charge of residential buildings, mixed-use buildings, and residential buildings receiving partial private carter collection service – Curbside or mechanized collection service: Owners, residents, net lessees and persons-in-charge of residential buildings, mixed-use buildings, and residential buildings receiving partial private carter collection service must:
(1) separate from other materials designated recyclable materials that are required to be recycled and must place such separated materials in the appropriate containers or as otherwise directed by the owner, net lessee or person-in-charge of such building in accordance with subdivision (f) of this section;
(2) place only designated recyclable materials in recycling containers; and
(3) rinse and/or clean food and/or residue from metal cans, glass containers, beverage cartons, rigid plastics, and aluminum foil and aluminum foil products prior to the placement of such materials in the appropriate containers. In addition, in buildings receiving curbside collection service for designated recyclable paper, owners, residents, net lessees and persons-in-charge must tie newspapers, magazines, catalogs, phone books and corrugated cardboard into bundles not exceeding eighteen inches in height, when notified of such requirement as set forth in paragraph (f)(1) of this section.
(h) Collection procedures for designated recyclable and other materials. The owner, resident, net lessee, or person-in-charge of a residential building must be responsible for the following. The responsibilities set forth in this subdivision shall also apply to residents of buildings containing three dwelling units or less in which as a matter of regular practice the resident is responsible for bringing his/her solid waste to curbside for collection:
(1) Designated recyclable metal, glass and plastic:
(i) Curbside collection service. Designated recyclable metal, glass and plastic (other than bulk metal or bulk plastic) that is collected for recycling via curbside recycling collection service must be placed at curbside in containers or plastic bags complying with subparagraphs (e)(1)(ii) or (e)(2)(ii) of this section on the day(s) specified for recycling collection by the Commissioner. Bulk metal and bulk plastic must be placed next to such containers on such days.
(ii) Mechanized collection service. Owners, net lessees or persons-in-charge must call their district garage to make arrangements for recycling collection of bulk metal and bulk plastic.
(2) Designated recyclable paper:
(i) Curbside collection service. Newspaper, magazines, catalogs, phone books and corrugated cardboard that are collected via curbside collection service must be placed out for collection in securely tied bundles. Bundles must not exceed eighteen inches in height. Mixed paper required to be recycled must be placed out for curbside collection in rigid containers or plastic bags complying with subparagraphs (e)(1)(i) or (e)(2)(i) of this section. Other designated recyclable paper (i.e., newspapers, magazines, phone books, and corrugated cardboard) must be placed out for curbside collection in such rigid containers or plastic bags or in securely tied bundles, which must not exceed eighteen inches in height. Corrugated cardboard must be broken into small pieces (no larger than 9 inches by 11 inches) before being placed into rigid containers or plastic bags.
(ii) Mechanized collection service. Designated recyclable paper that is collected via mechanized collection service must be placed in containers complying with paragraph (e)(3) of this section. Corrugated cardboard must be collapsed and placed into containers in a manner which will enable such material to fall freely from containers during collection. On the day of collection, containers must be placed in an area determined by the Commissioner to be accessible to Department vehicles.
(3) Designated yard waste and designated organic waste. On day(s) specified for recycling collection by the Commissioner, designated organic waste that is collected via curbside collection must be placed at curbside in containers complying with subparagraph (e)(1)(iv) of this section. Additionally, designated yard waste must be placed at curbside in containers complying with subparagraph (e)(1)(iii) of this section, plastic bags complying with subparagraph (e)(2)(iii) of this section, or paper bags complying with paragraph (e)(4) of this section or be commingled with designated organic waste in containers complying with subparagraph (e)(1)(iv) of this section.
(4) Materials that are not required to be source separated for recycling must be removed from both curbside and mechanized collection recycling containers and bags prior to recycling collection day.
(5) Designated recyclable materials.
(i) Designated recyclable materials that have been source separated as required by subdivision (g) of this section must not be placed out for collection in the same container as solid waste or organic waste.
(ii) Notwithstanding subparagraph (i) of this paragraph, designated yard waste may be placed out for collection in the same container as designated organic waste in accordance with subparagraph (e)(1)(iv) of this section.
(6) The owner of any residential building or mixed use building who has arranged for private carter removal service of all or some recyclables generated at such building pursuant to § 16-461 of the New York City Administrative Code, and seeks to reinstate department collection service for such recyclables at the building, must notify the department's Collection Office in writing requesting the restoration of department recycling collection service to the building not less than sixty days prior to the discontinuation of the building's private carter removal service for such recyclables.
(i) Compliance: Residential buildings of four or more dwelling units:
(1) Where the Commissioner, in his/her discretion, determines that the amount of designated recyclable materials placed out for collection by a residential building containing four or more dwelling units remains significantly less than what can reasonably be expected, the owner, net lessee, person-in-charge or residents of such building must use clear bags, or such other means of disposal as the Commissioner deems appropriate, for purposes of monitoring compliance with the New York City Recycling Law (New York City Administrative Code, §§ 16-301 et seq.) to dispose of solid waste other than designated recyclable materials.
(2) Where the Commissioner determines that the owner, net lessee, or person-in-charge of the building has complied with obligations set forth in subdivision (f) of this section and the amount of designated recyclable material placed out for collection remains significantly less than what can reasonably be expected from such building, then, upon request of the owner, net lessee, or person-in-charge, the Commissioner shall, in consultation with the owner, net lessee or person-in-charge, develop a schedule to conduct random inspections in the building to facilitate compliance with this section by residents of such building. Such random inspections shall occur at a reasonable time and may include, but are not limited to, inspections of the solid waste placed out for collection in transparent bags set forth in paragraph (1) of this subdivision. Nothing herein shall limit the Commissioner's authority pursuant to § 16-305(g) of the New York City Administrative Code to conduct lawful random inspections at reasonable times without notice to ensure compliance by the owner, net lessee, person-in-charge or resident of such building.
(j) Enforcement: Any owner, net lessee, person-in-charge or resident who violates any provision of this section shall be liable for civil penalties as set forth in § 16-324 of the New York City Administrative Code.
(k) Designation of districts for the required source separation of designated yard waste and designated organic waste. Pursuant to § 16-308.1 of the New York City Administrative Code, the commissioner designates the following districts that will be required to source separate yard waste and organic waste on or after the dates specified in this section:
(1) all districts in the borough of Queens (14 districts) on the effective date of this rule.
(2) all districts in the borough of Brooklyn (14 districts) on October 2, 2023.
(3) all districts in the boroughs of Staten Island (3 districts), the Bronx (12 districts) and Manhattan (12 districts) on October 6, 2024.
(Amended City Record 2/5/2016, eff. 8/1/2016; amended City Record 5/31/2023, eff. 6/30/2023; amended City Record 9/21/2023, eff. 10/21/2023; amended City Record 5/21/2024, eff. 6/20/2024)
(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.
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