§ 18-01 Definitions.

When used in this chapter:

   "Commissioner" means the Commissioner of Sanitation.

   "Department" means the Department of Sanitation.

   "ECB" means the Environmental Control Board.

   "Publicly accessible collection bin" means any outdoor container, other than any container placed by any government or governmental agency, or its contractors or licensees, that allows for any member of the public to deposit items into the container for the purpose of collection by the owner of such container.

   "Public property" means any city property, or property maintained by the city, or any public sidewalk or roadway.

§ 18-02 Placement of Publicly Accessible Collection Bins.

   (a)   No publicly accessible collection bin may be placed on any public property.

   (b)   No publicly accessible collection bin may be placed on any private property without the written permission of the property owner or the property owner's designated agent.

§ 18-03 Registration Requirements.

   (a)   By April 1, 2015, all owners of publicly accessible collection bins that are placed on private property with written permission of the property owner or the property owner's designated agent must register with the Department. Registration forms may be obtained from the Department's website or by written request to:

      New York City Department of Sanitation
      Bureau of Recycling and Sustainability
      44 Beaver Street, 6th Floor
      New York, New York 10004
      Attn: Collection Bin - Registration

   (b)   The Registration must include:

      (1)   the name, address and telephone number of the owner. A post office box is not an acceptable address;

      (2)   the location of the owner's publicly accessible collection bin(s); and

      (3)   the type of material collected in the bin(s).

   (c)   It is unlawful for the owner of any publicly accessible collection bin to fail to register with the Department.

§ 18-04 Maintenance Requirements.

   (a)   Each individual publicly accessible collection bin must prominently display on the front and on at least one other side of the bin the name, address and telephone number of the owner of the bin. This information must be printed in characters that are plainly visible. A post office box is not an acceptable address.

   (b)   The owner of a publicly accessible collection bin and the owner of the private property where such bin is located must maintain the bin in a clean and neat condition.

§ 18-05 Annual Reporting.

   (a)   By August 1, 2015 and annually thereafter, each owner of any publicly accessible collection bin must submit a report to the commissioner identifying the weight of the material collected from July first of the year before the year the report is due and ending on June 30 of the year the report is due. Forms for completing the reports may be obtained from the Department's website or by written request to:

      New York City Department of Sanitation
      Bureau of Recycling and Sustainability
      44 Beaver Street, 6th Floor
      New York, New York 10004
      Attn: Collection Bin – Annual Report

   (b)   It is unlawful for the owner of any publicly accessible collection bin to submit a report containing false or misleading information or to fail to submit a report in accordance with this section.

§ 18-06 Redemption Procedures for Publicly Accessible Collection Bins Placed on Public Property.

   (a)   When the Department removes any publicly accessible collection bin placed on public property, as provided by § 10-169 of the Administrative Code, provided that the name and address of the bin owner are legibly located on the bin, the Commissioner will notify the owner of the bin by certified mail, return receipt requested, that the bin was removed by the Department. The notification will state that the owner has 30 days from the date the notification was issued by the Department to redeem the bin from the possession of the Department. The notification will also contain a brief description of the publicly accessible collection bin and the location from which it was removed, as well as the address of the office at which an application to redeem the publicly accessible collection bin may be made and a statement as to applicable charges, fees and penalties due.

   (b)   Whenever the Department removes any publicly accessible collection bin, as provided by § 10-169 of the Administrative Code, the bin will not be released until the bin owner has:

      (1)   submitted proof of ownership to the Commissioner. Proof may include, but need not be limited to, a bill of sale or a picture of the publicly accessible collection bin;

      (2)   exhibited proof to the Commissioner that the ECB proceedings against the owner have been disposed of and that applicable penalties, if any, have been paid; and

      (3)   paid the storage charge and the removal charge, as specified in the notification set forth in subdivision (a), for each day or fraction thereof since the removal of the publicly accessible collection bin, unless the owner was found not liable for violating § 10-169 of the Administrative Code by the ECB. The storage charge is $20.00 for each of the first 3 days and $25.00 for each additional day. The removal fee is $280.00 per collection bin.