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(a) As used herein the term "container" shall mean any container used for the storage of compacted refuse, including, but not limited to any such bag, sack, box, bin, barrel, tub, or tube.
(b) Containers shall have been evaluated and approved by the Department of Sanitation pursuant to the performance standards and specifications of the Department for the approval of refuse compactor systems. The manufacturer or distributor of such containers shall submit a certification with his request for container approval listing detailed specifications of such containers attesting to the container's compliance with the performance standards and specifications of the Department and setting out any conditions relevant to the use of such container, including a list of compactor systems with which the container is compatible. Such performance standards shall include without limitation the following:
(1) Containers shall be capable of containing refuse with an output density range of from 450 pounds to 700 pounds per cubic yard (16.7 pounds to 25.9 pounds per cubic foot) unless specific approval of an alternate capability is made by the Department of Sanitation.
(2) Containers shall during filling in the course of evaluation not allow tears or punctures in excess of one (1) inch in more than ten (10) percent of observed samples, and shall during handling in the course of evaluation not allow tears or punctures in excess of one (1) inch in more that ten (10) percent of samples.
(3) Containers shall not allow their contents to spill from tears or punctures.
(4) Returnable containers shall be capable of easily discharging their contents by gravity.
(5) Containers shall be of unit construction when supplied to users and shall not require additional components to be considered ready for use, unless specific exception to this requirement is given by the Department of Sanitation pursuant to 28 RCNY § 27-04(b) above.
(c) Containers shall not exceed four (4) cubic feet in capacity unless specific approval of a larger capacity is made by the Department of Sanitation pursuant to 28 RCNY § 27-04(b) above.
(d) Containers shall be free of jagged or sharp edges.
(e) Containers shall be of high opacity and not transparent.
(f) Labeling: On or after January 1, 1974, each approved disposable container or sealable separate section shall be marked with an approved logo along the center of its widest side and the applicable identifying model number registered with the Department of Sanitation. If enclosed in an outer wrapping, said wrapping shall be similarly marked. Such logo shall be no less than 1 percent of the area on which it is marked, but not be less than one square inch in size. Display of such logo on disposable containers and wrappings or sealable separate sections shall be deemed the manufacturer's or distributor's certification that such disposable containers and wrappings or sealable separate sections conform in detail to the specifications of the prototypes evaluated and approved by the Department of Sanitation and to the specification set forth in the certification submitted pursuant to 28 RCNY § 27-04(b) above. Each disposable container and wrapping or sealable separate section shall have marked thereon the name and address of the principal place of business of the manufacturer or distributor of the same and a code identifying the date and location of container manufacture. From and after the respective dates of the foregoing amendments, the approved logo for bags and retail packages of bags which meet the specifications set forth in 28 RCNY § 27-02 or 28 RCNY § 27-03 of the said Tripartite General Order No. 1 shall be as illustrated in Box A below, and the approved logo for disposable containers, wrappings and sealable separate sections which meet the specifications set forth in 28 RCNY § 27-04 of the said Tripartite General Order No. 1 shall be as illustrated in Box B below.
(a) Bags and containers which meet the specifications approved under this order:
(1) shall not be filled so as to prevent the effective closure thereof:
(2) shall not weigh more than 100 pounds when filled:
(3) shall be in such condition as to hold their contents without leakage:
(4) shall be effectively closed:
(5) when stored in the building shall be kept in a metal receptacle or rat-proof and fire-proof room:
(6) when awaiting collection outside the building, shall be removed from any metal receptacle and shall be neatly stacked in front of such building.
(b) Containers which meet the specifications approved under this order: shall not contain compacted refuse bound with non-combustible ties.
(c) The Commissioners of the Department of Sanitation or Housing Preservation and Development or Health may conduct or order the manufacturer or distributor of any product displaying a logo as provided in 28 RCNY § 27-04(f) to conduct in an independent testing laboratory selected by any such administrator or commissioner, such tests as are necessary to determine whether such product is in conformity with the provisions of this order. The expenses for all such tests shall be borne by the aforementioned manufacturer or distributor. Such Commissioner may require such appearance of any manufacturer, distributor, retailer or user of any product displaying a logo as provided in 28 RCNY § 27-04(f) as are necessary to determine if a violation of any of the provisions of this order has occurred.
This order may be amended or repealed only upon joint order of the Departments of Sanitation, Housing Preservation and Development and Health pursuant to Section 1043 of the Charter.
Subchapter B: Tripartite General Order No. 2 – Approval of Specifications for Waste Containerization Systems
The Departments of Sanitation, Housing Preservation and Development and Health find that the use of systems for the disposal of waste that utilize large containers which are mechanically lifted and emptied into, loaded onto or attached to collection vehicles (hereinafter "waste containerization systems") will tend to improve waste containment and increase the efficiency of waste collection operations, and accordingly approve as to specifications, pursuant to § 27-2021 of the Housing Maintenance [Administrative] Code, any waste containerization system that meets the specifications set forth below. Nothing contained in this order shall constitute an agreement by the Department of Sanitation to provide hoist compactor, hoist-fitted chassis, roll-on roll-off or any other specialized service to any person using containers covered by this order. Such service shall continue to be available only by contract with the Department of Sanitation and subject to such conditions as the Department of Sanitation may impose.
(a) The owner or other person in charge of the premise served by a waste containerization system (hereinafter the "premises") shall maintain in a safe, clean, odor-free and properly operating condition all containers and other equipment kept on such premises in connection with the operation of such system and shall keep the place of storage for the containers safe, clean and odor-free at all times. There shall be kept on the premises a hose and brush or a steam cleaner and all other necessary equipment to properly clean the containers, unless such containers are regularly cleaned at a location off the premises and such equipment is not required by any other law or regulation. Each container shall be cleaned on a concrete or other paved surface properly drained into the sewer or a septic system. Such surface and drainage system shall be maintained in a safe, clean, odor-free and properly operating condition.
(b) A waste containerization system shall be of sufficient capacity to permit the safe and sanitary storage of 150 percent of all waste normally accumulated on or generated within the premises between any regularly scheduled collections, unless otherwise agreed by the Commissioner of the Department of Sanitation. Notwithstanding the foregoing, unless a waste containerization system is sufficient to permit the safe and sanitary storage of all waste normally accumulated on or generated within the premises during a period of 72 hours, the owner or person in charge of the premises shall keep on hand sufficient additional lawful waste receptacles to permit such storage.
(c) Except when in the process of being collected or emptied, all containers shall be kept and stored on the premises at all times, in rooms or compartments which comply with § 27-837 of the Building [Administrative] Code or in any other location not prohibited by law. If the place of storage is outside the premises, the containers shall be kept in location where they will not be unsightly and will not cause a nuisance to residents of the premises or of neighboring premises. If possible they should be screened from view by an attractive enclosure. The place of storage of the containers shall be one from which the containers may be safely moved to the location where they are emptied or collected. Such location shall be one to which collection vehicles have safe and convenient access and which shall be suitably equipped, adequately lit and of sufficient size for the safe loading or emptying of the containers. The place of storage of the containers and the location where the containers are emptied or loaded shall be subject to the approval of the Department of Sanitation on behalf of itself, the Department of Housing Preservation and Development and the Department of Health.
(d) Containers shall be compatible in all respects, including without limitation dimensions and loading mechanisms, with the collection vehicles which service them.
(e) Containers in which tenants are required or permitted to deposit waste shall be of types which can safely, easily, and conveniently be opened and closed by all tenants using them and while available for tenant use shall be kept in a place which provides safe and convenient access for tenants.
(f) Containers shall:
(1) be made of continuously welded steel with all welds and edges ground smooth;
(2) be capable of holding 700 pounds of waste per cubic yard of capacity, when at rest and during loading and unloading, without permanent distortion;
(3) have adequate provision for reinforcement, stiffening and protection at points of high stress or wear;
(4) hold liquids without leaking and be equipped with a drain plug at the bottom on one end; and
(5) have heavy duty skids or rollers or other devices to keep the bottom of the container off the ground and reduce wear when it is moved.
(g) Containers shall have tight-fitting doors and/or lids which shall
(1) be attached by means of heavy duty hinges;
(2) be equipped with counterbalance springs whenever necessary to prevent destructive or dangerous overswinging;
(3) be reinforced to prevent bending and warping; and
(4) completely seal the containers to prevent rodents, insects and other pests from entering.
(h) The Department of Sanitation shall keep and make available to the public a list of containers which in the opinion of such Department, the Department of Housing Preservation and Development and the Department of Health meet the physical specifications of subdivisions (f) and (g) of this section.
(i) Unless made of stainless steel or another material not subject to corrosion or wear, containers shall be completely primed and painted inside and out with corrosion-resisting primer and paint. They shall be repainted whenever the metal shows through the paint and whenever necessary to prevent them from becoming unsightly. Containers shall have painted in block letters on one vertical side (and in the case of a container that is loaded onto or attached to a collection vehicle, in a position where it is easily visible when loaded or attached) the name and principal business address of the owner of the container, the capacity of the container in cubic yards and the gross allowed weight of the container (calculated on the basis of 700 pounds per cubic yard of capacity plus the tare weight of the container). The words "STAND CLEAR WHEN CONTAINER IS BEING SERVICED" shall be painted in a prominent position on all four vertical sides in block letters at least four inches high.
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