§ 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.

§ 18-07 Failure to Redeem Collection Bin.

   (a)   The Department will send any collection bin, including any contents, that is not redeemed and removed from the Department's possession within the applicable time provided by this chapter to a recycling facility or otherwise provide for its disposal.

   (b)   If a bin owner has met some, but not all, of the requirements for redemption included in 16 RCNY § 18-06, the Department may send a written request to the owner asking him or her to remove the bin from the Department's possession. The owner will have 30 days from the issuance of the written request by the Department to collect the bin. If the owner does not remove the bin from the Department's possession within 30 days of the issuance of the request, the Department will send the bin, including any contents, to a recycling facility or otherwise provide for its disposal.

§ 18-08 Enforcement.

   (a)   It is a violation for any owner to place a publicly accessible collection bin on public property. Any such violation is punishable by a civil penalty recoverable in a proceeding before the ECB of $250.00 for the first offense and $500.00 for each subsequent offense within any 18-month period. For purposes of this section, each publicly accessible collection bin placed on public property will be deemed a separate violation.

   (b)   It is a violation for any owner to attach or enclose by any means any publicly accessible collection bin to or on public property. Any such violation is punishable by a civil penalty recoverable in a proceeding before the ECB of $500.00 dollars for the first offense and $1,000.00 dollars for each subsequent offense within any 18-month period. For purposes of this section, each publicly accessible collection bin placed on public property will be deemed a separate violation.

   (c)   It is a violation for any bin owner to fail to have his or her bin prominently display on the front and on at least one other side of the bin, the name, address and telephone number of the bin owner. Any such violation is punishable by a civil penalty recoverable in a proceeding before the ECB of $50.00 for the first offense and $100.00 for each subsequent offense within any 18-month period.

   (d)   It is a violation for any bin owner, and/or the owner of the private property on which the bin is located, to fail to maintain the bin in a clean and neat condition. Any such violation is punishable by a civil penalty recoverable in a proceeding before the ECB of $50.00 for the first offense and $100.00 for each subsequent offense within any 18-month period.

   (e)   It is a violation for any bin owner to fail to submit a registration or to submit an annual report containing false or misleading information or to fail to submit an annual report required by this chapter. Any such violation is punishable by a civil penalty recoverable in a proceeding before the ECB of $50.00 for the first offense and $100.00 for each subsequent offense within any 18-month period.