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(a) External storage of paper and other recyclables whose marketability may be adversely affected by exposure to the sun or weather conditions is prohibited unless stored in covered containers or in a manner otherwise acceptable to the Department.
(b) No recycling processing facility shall store recyclable materials in such a manner that they become a nuisance or a sanitary or environmental problem.
(Added City Record 9/23/2016, eff. 10/23/2016)
No recycling processing facility shall receive for storage, collection or processing any Department-marked item from any person other than an authorized employee or agent of the Department. A written agreement between the owner of a residential building or an authorized agent of such owner, and anyone delivering a Department-marked item to a recycling processing facility shall not be a defense in any proceeding before the environmental control board to the improper receipt of such item.
(Added City Record 9/23/2016, eff. 10/23/2016)
Any recycling processing facility that receives for storage, collection or processing any refrigerant-containing item shall ensure that the refrigerant has been removed from the item previously or that any removal of refrigerant from such item by the recycling processing facility complies with all applicable city, state and federal laws and regulations.
(Added City Record 9/23/2016, eff. 10/23/2016)
(a) Every registered recycling processing facility must submit to the Department a copy of any report required to be filed with the New York state department of environmental conservation pursuant to part 360 of title 6 of the New York codes, rules, and regulations, if applicable. Any such report must be submitted to the Department at the same time it is submitted to the New York state department of environmental conservation.
(b) Every registered recycling processing facility, other than a scrap metal processor, must submit to the Department quarterly reports that contain the following information, calculated by weight in tons on a monthly basis:
(1) the total amount of recyclable material received;
(2) the origin of the recyclable material received; and
(3) the destination of the recyclable material removed, including a listing, by type, of recyclable material.
(c) Every scrap metal processor must report to the Department quarterly the total amount of recyclable material, by type, calculated by weight in tons, that it has transported out from the facility and the destination of the recyclable material by state and county. Such report shall not separate ferrous and non-ferrous metal, but shall report the total amount of metal transported from the facility as one category.
(d) Quarterly reports must be submitted on forms prescribed by or acceptable to the Department. Such report must include a description of any changes in operation that occurred in the previous quarter, if applicable.
(e) The report for the quarter ending on March 31 shall be due on May 1; the report for the quarter ending on June 30 shall be due on August 1; the report for the quarter ending September 30 shall be due on November 1; and the report for the quarter ending December 31 shall be due on February 1.
(f) The first such report shall be due on May 1, 2017 for the quarterly reporting period from January 1, 2017 through March 31, 2017.
(Added City Record 9/23/2016, eff. 10/23/2016)
Every person who owns, operates, maintains or otherwise controls a recycling processing facility regulated by this subchapter shall comply fully with all applicable federal, state and local laws, rules and regulations of any governmental authorities having jurisdiction over any of the registrant's activities. Failure to comply with these laws, rules or regulations shall be grounds for suspension and/or revocation of the registration, in addition to any other penalty provided by law.
(Added City Record 9/23/2016, eff. 10/23/2016)
(a) The Department reserves the right to conduct lawful inspections during business hours to ensure compliance with this subchapter.
(b) Where a notice of violation is issued for a violation of any of the provisions of this subchapter, such notice shall be returnable to the ECB or court of appropriate jurisdiction, which shall have the power to impose the civil penalties provided.
(c) The Department shall issue a warning letter to a recycling processing facility that fails to comply with 16 RCNY § 4-52, 16 RCNY § 4-53 or 16 RCNY § 4-57. Such warning letter shall give the recycling processing facility 30 days to submit proof of having cured the violating condition. Any recycling processing facility that does not submit proof of having cured such violating condition within the 30 day time period shall be issued a notice of violation by the Department and shall be liable for a civil penalty of $2,500.00 for the first offense, $5,000.00 for the second offense and $10,000.00 for each subsequent offense committed within any three year period.
(d) Any recycling processing facility that violates 16 RCNY § 4-54 shall be liable for a civil penalty of $2,500.00 for the first offense, $5,000.00 for the second offense and $10,000.00 for each subsequent offense committed within any three year period.
(e) Any recycling processing facility that violates 16 RCNY § 4-55 or 16 RCNY § 4-56 shall be liable for (1) a criminal fine of $1,500.00 or imprisonment not to exceed 48 hours, or both, or (2) a civil penalty of $1,500.00 for the first offense and $3,000.00 for each subsequent offense within an 18-month period. For the purpose of imposing a criminal fine or civil penalty pursuant to this paragraph, each receipt from a separate motor vehicle of Department-marked material shall constitute a separate violation for which a criminal fine or civil penalty may be imposed.
(Added City Record 9/23/2016, eff. 10/23/2016)