Title 16: Department of Sanitation

Chapter 1: Collection

§ 1-01 Definitions.

Ashes. “Ashes” means cinders, coal and every other such substance which is left unconsumed by fire in stoves, furnaces, ranges, firepots, fireplaces and other such places.

Beneficial Organic Waste Use. “Beneficial organic waste use” means the processing of organic waste by composting, aerobic digestion, or anaerobic digestion.

Beverage cartons. “Beverage cartons” means coated cardboard cartons or boxes, including milk and juice cartons or boxes, gable-top cartons and aseptic packages.

Bulk metal. “Bulk metal” means metal items that are too heavy or large to lift or fit into recycling containers, including large metal appliances.

Bulk plastic. “Bulk plastic” means rigid plastic items that are too heavy or large to lift or fit into recycling containers.

Bulk waste. “Bulk waste” includes large glass, metal, rigid plastic, ceramic, porcelain and/or wood items, including, but not limited to, furniture such as chairs, tables and desks; household appliances such as refrigerators, freezers, stoves, washing machines, dishwashers; hot water tanks; and trash compactors; sinks; corrugated roofing; aluminum siding; storm window and door frames; sewer pipes; brass fittings; copper pipes and fittings; and scrap lumber.

City agency or agency. “City agency or agency” means all city mayoral and non-mayoral agencies. Excluded from the definition of city agency or agency are city-owned buildings, including residential units within buildings, that are leased to entities other than New York City governmental entities. A city-owned building, or part of a building, that is leased for residential purposes shall be covered by 16 RCNY § 1-08 (residential collection service of designated recyclable materials). A city-owned building, or part of a building, that is leased for non-residential purposes shall be covered by 16 RCNY § 1-10 (recycling of private-carter collected waste) unless such building is leased to a facility or organization that qualifies as an institution as defined in this section.

Co-collection of recyclables. “Co-collection of recyclables” means a system in which designated recyclable metal, glass and plastic and designated recyclable paper that have been previously source separated and set out by a generator are collected at the same time and placed in a single compartment of a waste hauling truck. Such designated recyclable materials must be kept separate from solid waste and organic waste and delivered directly to a recycling processing facility that is designed to receive, separate and process for reuse or sale designated recyclable metal, glass and plastic, and designated recyclable paper, collected in a single compartment of a waste hauling truck. “Co-collection of recyclables” does not include any system in which designated recyclable metal, glass and plastic and designated recyclable paper that have been source seoarated and set out by a aenerator are collected at the same time but placed in separate compartments of the same waste hauling truck.

Commercial occupants. “Commercial occupants” means every and any occupant within a residential building who engages in or operates any business, trade or profession for profit.

Commissioner. “Commissioner” means the Commissioner of the Department or his/her representative.

Compacted refuse. “Compacted refuse” means the solid waste remaining after the application of a compacting system which is installed in accordance with § 24-119 of the Administrative Code of the City of New York.

Comprehensive solid waste management plan. “Comprehensive solid waste management plan” means the solid waste management plan for the City of New York, as approved by the New York State Department of Environmental Conservation pursuant to § 27-0107 of the Environmental Conservation Law, as such plan may be updated or modified from time to time.

Construction and demolition debris. “Construction and demolition debris” means non-putrescible waste materials resulting from building demolition, construction, alteration and excavation, including, but not limited to materials such as dirt, earth, plaster, concrete, rock, rubble, slag, ashes, tree stumps, roots and waste timber and lumber.

Covered Establishment. “Covered establishment” shall have the same meaning as set forth in section 16-306.1(a) of the administrative code of the city of New York.

Curbside collection. “Curbside collection” means collection service where building solid waste and/or designated recyclable material collected by the Department is placed at the curbside of such building in containers or bundles which are then manually emptied by Department personnel into collection vehicles. The commencement of curbside collection of designated recyclable materials shall be scheduled on a district by district basis.

Department. “Department” means the Department of Sanitation or its agents or contractors.

Designated recyclable metal, glass and plastic. “Designated recyclable metal, glass and plastic” includes: metal cans: containers made of glass; beverage cartons; rigid plastics; bulk plastic; aluminum foil and aluminum foil products; bulk metal and metal items, as such term is defined in this section.

Designated recyclable materials. “Designated recyclable materials” are materials that the Commissioner has designated as recyclable pursuant to §§ 16-305, 16-306, 16-306.1, 16-307, 16-308 and 16-314 of the administrative code of the city of New York. The materials designated as recyclable under these sections may vary from section to section.

Designated recyclable paper. “Designated recyclable paper” includes: high grade office paper: newspaper; magazines; catalogs; phone books; corrugated cardboard; and mixed paper, as such term is defined in this section.

District. “District” means sanitation districts, the boundaries of which are coterminous with the boundaries of Community Boards in the City of New York.

Domestic Partner. “Domestic Partner” means a person who has registered a domestic partnership in accordance with applicable law with the City Clerk, or has registered such a partnership with the former City Department of Personnel pursuant to Executive Order 123 during the period August 7, 1989 through January 7, 1993. (The records of domestic partnerships registered at the former City Department of Personnel are to be transferred to the City Clerk.)

Economic market. “Economic market” refers to instances in which the full avoided costs of proper collection, transportation and disposal of source separated materials are equal to or greater than the cost of collection, transportation and sale of said material less the amount received from the sale of said materials.

Film plastic.

  1. “Film plastic” means non-rigid plastic items composed of a sheet of plastic material used to wrap or cover other items, or used in packaging.
  2. Examples of “film plastic” include, but are not limited to:

   (i) Carry-out grocery or shopping bags, sleeves for newspapers and circulars, dry cleaning bags, and garbage bags;

   (ii) Items used in packaging, such as plastic wrap, wrappers, bubble wrap, shrink or stretch wrap or other wrapping;

   (iii) Food bags designed to store, refrigerate or freeze food and liquids, and household storage bags used to store household items; and

   (iv) Any plastic label, bag, film, safety seal, or flexible inner or outer wrap that is used to cover or contain a product or a rigid plastic.

Flexible plastic. “Flexible plastic” means non-rigid, non-film plastic items that may be manipulated into a shape different from their original form. Such items may consist of multiple layers of material, such as plastic and metal, giving a metallic appearance. Examples of flexible plastic items may include, but are not limited to, single-serve squeezable pouches holding food or drink, tubes for toothpaste, gels, cosmetics, or lotions, or pouch-like packaging holding detergents or cleaning products that are squeezable.

Generator of private carter-collected waste. “Generator of private carter-collected waste” or “generator” means any owner, net lessee, lessee, agent or occupant of a premises that generates solid waste or recyclable materials that is collected by a private carter.

Generator of regulated household waste. “Generator of regulated household waste” means any individual who disposes of regulated household waste.

High grade office paper. “High grade office paper” includes: white bond paper, including, but not limited to, typing paper, letterhead and copier paper; computer printout; and computer tab cards. Carbon paper and envelopes are not included in the definition of high grade office paper.

Home occupation(s). “Home occupation(s)” means a dwelling unit located within a residential portion of a building that is used in part for the purpose of engaging in an occupation authorized by law to be practiced at such location in addition to residential use.

Hospital. “Hospital” means a facility or institution engaged in providing medical or medical and surgical services primarily to in-patient; by or under the supervision of a physician on a twenty-four hour basis with provisions for admission or treatment of persons in need of emergency care and with an organized medical staff and nursing service, including facilities providing services relating to particular diseases, injuries, conditions, or deformities. This term shall not include a public health center, diagnostic center, treatment center, out-patient lodge, dispensary and laboratory or central service facility serving more than one institution.

Household. “Household” means dwelling or residential building unit within a residential building as defined in this section.

Institution. “Institution” includes non-profit organizations and other facilities or organizations receiving Department collection service or free dump privileges at Department solid waste disposal facilities. Excluded from the definition of institutions are college or university owned residential apartment buildings that are located outside of the college’s or university’s campus. Such buildings shall be covered by recycling rules for residential buildings.

Laboratory waste. “Laboratory waste” means all matter, other than regulated medical waste, that is discarded from clinical, pathological or research laboratory areas at which activities are required to be conducted or supervised by persons licensed by the city or state to provide health, medical, pharmaceutical, or laboratory services.

Mechanized collection. “Mechanized collection” means collection service where building solid waste and/or designated recyclable materials collected by the Department are placed in containers for mechanized collection which, on collection day, are in an area accessible to Department vehicles. Containers are then mechanically lifted by and emptied into collection vehicles. The commencement of mechanized collection service for designated recyclable materials shall be scheduled on a building by building basis.

Medical office(s)/Group medical center(s). “Medical office(s)/Group medical center(s)” means an office located within a residential portion of a building that is used for the purpose of practicing a medical profession authorized by law to be practiced at such location.

Metal items. “Metal items” means items that are more than fifty percent metal, including, but not limited to, large metal appliances, such as stoves, ovens and dishwashers; small metal appliances, such as toasters and irons; metal utensils, pots and pans; wire hangers; metal cabinets; metal pencil sharpeners or staplers; metal furniture; window screens; metal lighting fixtures; metal tools; metal boxes, such as tool and mail boxes; nuts and bolts; lawn mowers; bicycles; and metal toys.

Mixed paper. “Mixed paper” includes: junk mail, smooth cardboard, such as cereal and shoe boxes and cardboard tubes from paper towels; white and colored paper; manila folders; envelopes, including plastic window envelopes; paper bags; paper or cardboard cartons and trays, such as egg cartons and produce trays; and soft-cover books. Such term does not include plastic or wax coated paper; carbon paper, or hard-cover books.

Non-putrescible solid waste. “Non-putrescible solid waste” means solid waste, whether or not contained in receptacles, that does not contain organic matter having the tendency to decompose with the formation of malodorous by-products.

Nursing home. “Nursing home” means a facility, institution, or portion thereof, subject to Article 28 of the New York State Public Health Law, providing lodging therein for 24 or more consecutive hours to three or more nursing home residents who are not related to the operator by marriage or by blood within the third degree of consanguinity, nor are the domestic partner, as such term is defined in this section, of the operator, who need regular nursing home services or other professional services and do not require the services of a hospital.

Organic Waste. “Organic Waste” shall have the same meaning as set forth in section 16-303 of the administrative code of the city of New York, except that organic waste shall not include food that is donated to a third party, food that is sold to farmers for feedstock, and meat byproducts that are sold to a rendering company.

Organic Waste Processing Facility. “Organic waste processing facility” means a combination of managed processes, structures, machinery or devices utilized to alter the physical characteristics of organic waste by turning it into a product, at which source-separated organic waste is received and processed through a beneficial organic waste use for the purpose of reuse or sale, that is authorized to operate by the New York state department of environmental conservation if located in the state of New York, or authorized to operate by the applicable state or local authority, if located outside of the state of New York.

Other Residential Office(s). “Other Residential Office(s)” means an office, other than a medical office/group medical center, located within a residential portion of a building that is authorized by law to be used as an office by virtue of such use having been established prior to December 15, 1961.

Person. “Person” means any individual, partnership, company, corporation, association, firm, organization, or any other group of individuals, or any officer or employee or agent thereof, provided that person shall not mean any individual who generates regulated household waste.

Private carter. “Private carter” means any person required to be licensed or permitted pursuant to Title 16A of the administrative code of the city of New York.

Public building. “Public building” means any building used and occupied and maintained and operated by an agency of the City of New York or of the State of New York.

Puncture resistant container. “Puncture resistant container” means any metal container which has a secured lid that is taped closed and which cannot be pierced by regulated household waste (e.g., coffee can).

Putrescible solid waste. “Putrescible solid waste” means solid waste containing organic matter having the tendency to decompose with the formation of malodorous by-products.

Recyclable materials. “Recyclable materials” means materials that may be separated, collected, processed, marketed and returned to the economy in the form of raw materials or products, including but not limited to, types of metal, glass, paper, rigid plastic, food waste, tires and yard waste.

Recycled or recycling. “Recycled” or “recycling” means any process by which recyclable materials are separated, collected, processed, marketed and returned to the economy in the form of raw materials or products.

Recycler. “Recycler” means any person who lawfully collects, accepts, or otherwise processes recyclable materials who is not required to be licensed or registered pursuant to Title 16-A of the administrative code of the city of New York.

Recycling processing facility. “Recycling Processing Facility” means a facility that is registered or permitted by the New York State of Department of Environmental Conservation and/or the department at which: 1) designated recyclables, other than organic waste, are delivered separately from solid waste; or, 2) source-separated designated recyclables, other than organic waste, are processed for the purpose of reuse or sale.

Regulated household waste. “Regulated household waste” means any item that may cause punctures or cuts that is used in the administration of medication and is disposed of with residential solid waste, including but not limited to intravenous tubing and syringes with needles attached. Regulated household waste shall not include such items generated by persons licensed by the city or state to provide health, medical, pharmaceutical or laboratory services at facilities where such services are performed, but shall include any such items generated in the course of home health care.

Regulated medical waste. “Regulated medical waste” shall have the meaning set forth in title 15 of article 27 of the New York State environmental conservation law, in title 13 of article 13 of the New York State public health law, or in § 16-120.1 of the Administrative Code of the City of New York or any rules and regulations promulgated pursuant to such provisions of law.

Residential building. “Residential building” means any building used and occupied for residential purposes by a person or persons (other than and in addition to the owner, superintendent, janitor, or caretaker) including all single-family and two-family residential buildings, excepting, however, hotels.

Residential solid waste. “Residential solid waste” means solid waste generated by a residential building.

Rigid plastic.

  1. “Rigid plastic” means any item that: (i) is composed predominantly of plastic resin; (ii) has a relatively inflexible fixed shape or form; and (iii) is capable of maintaining its shape or form, whether empty or full, under normal usage, independent of any product that it contains or other external support.
  2. Examples of rigid plastic items may include, but are not limited to: bottles, jars, jugs, fruit cups, pudding cups, yogurt cups, other dairy cups, dairy tubs, pails, “clamshell” or other take-out containers, boxes, bulk items, baskets, buckets, crates, beverage bottle carriers, flower or other gardening pots, toys, bulky housewares, small and large household appliances, furniture and decorations, single-use plates, cups, bowls, platters, and cutlery, trays that have sidewalls designed to contain a product in the tray, lids, caps, handles and hinges, and any durable plastic packaging that holds a food, household product, or consumer product for sale, re-sale or reuse.
  3. Notwithstanding paragraph (1) of this definition, the term “rigid plastic” does not include the following:

   (i) “Foam” items, including expanded polystyrene, expanded polypropylene or other “foam” containers, boxes, insulated coolers, toys, trays or single-use plates and cups;

   (ii) Flexible plastic;

   (iii) Film plastic;

   (iv) Cigarette lighters and butane gas lighters;

   (v) Cassette and VHS tapes;

   (vi) Pens and markers;

   (vii) Three-ring binders;

   (viii) Umbrellas;

   (ix) Garden hoses;

   (x) Luggage;

   (xi) Sponges; and

   (xii) Sports balls, including, but not limited to, basketballs, bowling balls, soccer balls, footballs, or yoga balls.

Single stream collection and recycling. “Single stream collection and recycling” means a system in which designated recyclable metal, glass and plastic, and designated recyclable paper, are placed in the same bags or bins by the generator. Such bags and/or the contents of such bins are placed into one waste hauling truck, separate from solid waste and organic waste, and are delivered directly to a recycling processing facility. Such recycling processing facility must be designed to receive, separate and process for reuse or sale commingled loads of designated recyclable metal, glass and plastic, and designated recyclable paper.

Solid waste. “Solid waste” means all putrescible and non-putrescible materials or substances, except as described in paragraph (3) of this definition, that are discarded or rejected, as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to garbage, refuse, industrial and commercial waste, rubbish, tires, ashes, contained gaseous material, incinerator residue, construction and demolition debris that is not designated as recyclable pursuant to this chapter, discarded automobiles and offal.

  1. A material is discarded if it is abandoned by being:

   (i) disposed of;

   (ii) burned or incinerated, including material being burned as a fuel for the purpose of recovering useable energy; or

   (iii) accumulated, stored or physically, chemically or biologically treated (other than burned or incinerated) instead of or before being disposed of.

  1. A material is disposed of if it is discharged, deposited, injected, dumped, spilled, leaked, or placed into or on any land or water so that such material or any constituent thereof may enter the environment or be emitted into the air or discharged into groundwater or surface water.
  2. The following are not solid waste for the purpose of this definition:

   (i) domestic sewage;

   (ii) any mixture of domestic sewage and other waste that passes through a sewer system to a publicly owned treatment works for treatment, except (A) any material that is introduced into such system in order to avoid the provisions of this chapter or the state regulations promulgated to regulate solid waste management facilities pursuant to part 360 of title 6 of the New York Code, Rules and Regulations or (B) food waste;

   (iii) industrial wastewater discharges that are actual point source discharges subject to permits under article 17 of the New York state environmental conservation law; industrial wastewaters while they are being collected, stored or treated before discharge and sludges that are generated by industrial wastewater treatment are solid wastes;

   (iv) irrigation return flows;

   (v) radioactive materials that are source, special nuclear, or by-product material under the federal Atomic Energy Act of 1954, as amended, 42 U.S.C. §§ 2011 et seq.;

   (vi) materials subject to in-situ mining techniques which are not removed from the ground as part of the extraction process;

   (vii) hazardous waste as defined in section 27-0901 of the New York state environmental conservation law; and

   (viii) regulated medical waste or other medical waste as described in section 16-120.1 of the administrative code of the city of New York. Nothing in this provision shall omit the requirement to be licensed or registered pursuant to Title 16A of the administrative code of the city of New York.

Source separation. “Source separation” means the separation of designated recyclable materials from each other or the separation of designated recyclable materials from solid waste at the point of generation.

Special Use Building. “Special Use Building” means any premise or structure during the period in which any such premise or structure is or shall be exempt from real estate taxation by the City of New York; excepting, however, any and all such premises or structures owned, possessed or occupied by the government of the United States and/or by interstate agencies, such as, and including, but not limited to, the Port Authority of New York and New Jersey.

Surgical Waste. “Surgical Waste” means all materials, other than regulated medical waste, discarded from surgical procedures and includes, but is not limited to, disposable gowns, shoe covers, masks, headcovers, gloves and sponges.

Yard waste. “Yard waste” means leaves, grass clippings, garden debris, and vegetative residue that is recognizable as part of a plant or vegetable, small or chipped branches, and similar material.

Editor’s note: the amendments to this 16 RCNY § 1-01 that were effective on 3/6/2016 were enacted by rule otherwise generally effective on 8/1/2016; see DSNY rule pub. 2/5/2016 §§ 1, 9.

§ 1-02 Collection Service.

(a) Subject to the conditions and fees set forth in 16 RCNY § 1-03, the Department will provide collection service for ashes and solid waste generated by occupants of residential buildings, public buildings and special use buildings, excluding, however, all commercial occupants of said residential buildings unless such service is otherwise authorized by 16 RCNY § 1-03.
  1. The Department will remove or cause the bodies of dead animals to be removed only from the curb or the edge of the roadway abutting any and every building, structure, premises, or location when the body or bodies have been so placed for collection by or for the owner, tenant, lessee, occupant, or person in charge of the abutting building, structure, premises, or location.
  2. The Department will collect only such ashes or solid waste as shall be sorted and arranged in such containers and the containers placed at such points for collection as is, or shall be required by applicable provisions of State and local law and by the Health Code of the City of New York.
  3. The Department will collect only such compacted refuse having a density not in excess of 700 pounds per cubic yard and provided that compacted refuse from wet-process systems shall not have a moisture content in excess of 40 percent by weight. Compacted refuse shall not be bound with incombustible ties.
  4. Upon the request of any authorized representative of the New York City Department of Housing Preservation and Development, the Commissioner may, in his/her absolute discretion, authorize the collection of construction and demolition debris, originating from any premise or structure owned or managed by the City of New York, the rehabilitation of which is administered by the New York City Department of Housing Preservation and Development or its contractor.

§ 1-02.1 Requirements for Receptacles and Bags Containing Solid Waste and Recyclables for Collection.

(a) Occupants of residential buildings, public buildings, and special use buildings, except commercial occupants of residential buildings where Department collection service is not otherwise authorized by 16 RCNY § 1-03, shall not place receptacles or bags containing solid waste or recyclables out at the curb for collection by the Department earlier than 4:00 p.m. on the day before scheduled collection. Receptacles containing solid waste that are set out at the curb for collection by the Department must not exceed fifty-five gallons in size.
  1. A commercial establishment that receives collection from a private carter while the establishment is closed may place receptacles or bags containing solid waste or recyclables out at the curb for collection within one hour of closing, provided that the scheduled collection occurs before the establishment next reopens for business. If collection is performed while an establishment is open, receptacles or bags containing solid waste or recyclables may be placed out at the curb for collection no earlier than two hours before the scheduled collection time.
  2. If the Mayor declares a health or solid waste emergency, the Commissioner may change the authorized times for placement of receptacles or bags containing solid waste or recyclables for collection for the duration of the emergency.

§ 1-03 Solid Waste Collection and Disposal Service for Hospitals and Nursing Homes Occupying Special Use Buildings, and for Home Occupations, Medical Offices/Group Medical Centers and Other Residential Offices Receiving Department Collection and Disposal Service.

(a) Collection service and disposal fee for hospitals and nursing homes occupying special use buildings.

   (1) At frequencies determined by the Commissioner and subject to the availability of Department disposal facilities and necessary supporting resources and equipment and subject to emergency interruptions, the Department may provide solid waste collection and disposal service to hospitals and nursing homes occupying special use buildings and for which an acceptable application for such service has been submitted pursuant to subsection d, provided, however, that the owner, tenant, or person-in-charge of such hospital or nursing home occupying a special use building(s) agrees to pay and does pay a fee for the disposal of solid waste generated by such building(s). The Commissioner hereby fixes a fee for the disposal of solid waste generated by such building(s). The Commissioner hereby fixes a fee for the disposal of solid waste generated by hospitals and nursing homes occupying special use buildings as fifteen dollars and fifty-two cents ($15.52) per cubic yard of compacted solid waste and seven dollars and ninety-five cents ($7.95) per cubic yard of uncompacted solid waste.

  1. Collection and disposal fees for home occupations, medical offices/group medical centers, and other residential offices receiving department collection and disposal service.

   (1) At frequencies determined by the Commissioner and subject to the availablity of Department collection and disposal facilities and necessary support resources and equipment and subject to emergency interruptions, the Department may provide solid waste collection and disposal service, including service for collection of designated recyclable materials as defined in 16 RCNY § 1-09 (Residental Collection Service for Designated Recyclable Materials), to home occupations, medical offices/group medical centers, and other residental offices in buildings which receive Department collection and disposal service for which an acceptable application for such service has been submitted pursuant to subsection (d), provided, however, that the owner, tenant, or person-in-charge of such home occupation, medical office/group medical center, or other residental office agrees to pay and does pay an annual non-refundable fee, including any applicable taxes, for the collection and disposal of such waste. Such fee as fixed by Local Law 41 of 1992, shall be payable as follows:

Average Total Number of 20 Gallon Bags Generate Per Week, Including Designated Recyclable Materials Annual Collection and Disposal Fee
Not more than 5 $303.00
6 - 10 $563.00
11 - 15 $823.00
16 - 20 $1,083.00

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   The Department shall not provide any collection and disposal service to any home occupation, medical office/group medical center, or other residential office receiving Department collection and disposal service which generates more than an average total of 20 bags of solid waste per week.

   (2) Upon payment of the applicable fee, the Department shall provide the owner, tenant or person-in-charge of such home occupation, medical office/group medical center, or other residental office with a non-transferable certificate which shall be posted conspicuously on the front of such home occupation, medical office/group medical center, or other residental office. Such certificate shall indicate the annual expiration date for Department collection and disposal service.

  1. The placement in red bags of solid waste, to be collected and disposed of by the Department is prohibited. The Commissioner reserves the right to refuse to collect solid waste placed in such red bags.
  2. The owner, tenant, or person-in-charge of any hospital or nursing home occupying a special use building, or an eligible home occupation, medical office/group medical center, or other residental office in a building receiving Department collection and disposal service shall submit an application to the Commissioner requesting that the Department provide such owner, tenant, or person-in-charge (“applicant”) of such special use building, home occupation, medical office/group medical center or other residential office in a building receiving Department collection and disposal service with collection and disposal service. The application shall be on a form provided by the Commissioner and shall not be modified by the applicant. The application shall require submission of the following information:

   (1) the name and other identifying information concerning the applicant;

   (2) where the applicant is an owner, tenant, or person-in-charge of a hospital or nursing home occupying a special use building, a certified copy of the New York City Tax Roll for the building;

   (3) the mailing address of the hospital or nursing home occupying a special use building, or the home occupation, medical office/group medical center, or other residential office to which the Commissioner shall send any notice;

   (4) in the case of a hospital or nursing home occupying a special use building, a written agreement in a form to be determined by the Commissioner, to pay the Department for disposal service on at least a monthly basis for prior services rendered, in accordance with a system of payment determined by the Commissioner, and in the case of a home occupation, medical office/group medical center, or other residential office, a written agreement in a form determined by the Commissioner to pay the Department on an annual basis for disposal services to be rendered. Such payment shall be based upon the rates set forth in subdivisions a and b of this section, as may be changed from time to time, and the estimate of solid waste as described hereinafter. Only money orders or checks drawn on a state or national bank located in the City of New York, or officers check of such bank will be accepted as payment. All such money orders and checks shall be made payable to the order of the “Department of Sanitation”

   (5) in the case of a hospital or nursing home occupying a special use building, an estimate of the average total number of cubic years, of solid waste generated weekly by the building and the number of containers for which service is requested. Such estimate may upon submission be subject to review and recalculation by the Department, and periodic review and recalculation thereafter;

   (6) in the case of a home occupation, medical office/group medical center, or other residential office, an estimate of the average total number of twenty gallon (20g) bags of solid waste, including designated recyclable materials separated in accordance with 16 RCNY § 1-09 (Residential Collection Service for Designated Recyclable Materials), generated per week;

   (7) a statement by the applicant acknowledging that service is provided subject to compliance with these Rules and the availability and capacity of Department disposal facilities and necessary support resources and equipment, and that service may be interrupted in cases involving emergencies, including but not limited to those caused by snow or ice conditions. In the case of a home occupation, medical office/group medical center, or other residential office the statement shall also acknowledge that such applicant shall be subject to the Department’s rules governing residential collection service for designated recyclable materials (16 RCNY § 1-09 of Department Collection rules). Such acknowledgements shall be deemed an express waiver of actual and consequential damages, or other losses of any kind resulting from any discontinuation or temporary interruption of service; and

   (8) any other additional information required by the Department in order to provide collection and disposal service.

  1. Discontinuation of service; Enforcement.

   (1) The Commissioner reserves the right to discontinue collection and disposal service to any hospital or nursing home occupying a special use building or home occupation, medical office/group medical center, or other residential office in the event that Department disposal facilities are unavailable or have insufficient disposal capacity five days after delivery of a written notice of such discontinuation to the owner, tenant or person-in-charge of the hospital or nursing home occupying a special use building, or home occupation, medical office/group medical center, or other residential office and to interrupt service to any hospital or nursing home occupying a special use building, or home occupation, medical office/group medical center, or other residential office immediately in the event of any emergencies, including, but not limited to, those caused by snow or ice conditions.

   (2) The Commissioner also reserves the right to discontinue collection and disposal service to any hospital or nursing home occupying a special use building or home occupation, medical office/group medical center, or other residential office which fails to comply with the rules established pursuant to this section five days after delivery of a written notice of such discontinuation to the owner, tenant or person-in-charge of any hospital or nursing home occupying a special use building, or home occupation, medical office/group medical center, or other residential office.

   (3) Pursuant to the authority granted to the Commissioner under subdivision k of § 16-120.1 of the Administrative Code of the City of New York, he/she shall suspend the use of the City’s solid waste disposal system by any person licensed by the City or state to provide health, medical, pharmaceutical or laboratory services upon whom a notice of violation of § 16-120.1 of such code has been served pending a hearing on and a finding as to liability for the alleged violation in accordance with the provisions of such sub- division.

  1. Termination of service by a hospital or nursing home occupying a special use building, or a home occupation, medical office/group medical center, or other residential office. Any hospital or nursing home occupying a special use building, or home occupation, medical office/group medical center, or other residential office may request the termination of collection and disposal service by providing the Commissioner with a written request therefor, signed by the owner, operator, or person-in-charge of the hospital or nusing home occupying a special use building, or home occupation, medical office/group medical center, or other residential office, at least 7 business days prior to the date the hospital or nursing home occupying a special use building, or home occupation, medical office/group medical center, or other residential office desires such services to be terminated.

§ 1-04 Collection of Regulated Household Waste.

(a) Any generator of regulated household waste shall place such waste in a puncture resistant container prior to disposal of such waste with residential solid waste.
  1. Any individual violating subdivision a of this section shall be subject to a civil penalty of not less than $50.00 nor more than $250.00.

§ 1-04.1 Collection of Bedding.

(a) Definitions. For purposes of this section, "Bedding" shall mean any mattress or box spring which can be used by any human being for sleeping or reclining purposes.
  1. Any person disposing of bedding for Department collection shall enclose such bedding within a plastic bag. Such bag shall be constructed in such a manner and be of such size as to readily contain the bedding to be disposed of. Such bag must be securely sealed after the bedding is placed inside.
  2. Failure to enclose any bedding placed at the curbside or other designated area for collection by the department within a plastic bag pursuant to this section shall be a violation of § 16-120 of the New York City Administrative Code.

§ 1-04.2 Disposal of Electronic Waste.

(a) Definitions. For purposes of this section:

   “Electronic waste” means computers (including items such as tablets and e-readers); televisions (as well as cathode ray tubes); small scale servers (such as an external storage drive that is designed to connect directly to a home or small business network); computer peripherals (such as monitors, electronic keyboards, electronic mice or similar pointing devices, facsimile machines, document scanners and printers, weighing less than 100 pounds and designed for use with a computer, including any cable, cord, or wiring permanently affixed to or incorporated into such product); television peripherals (such as VCRs, digital video recorders, DVD players, digital converter boxes, cable or satellite receivers, and electronic or video game consoles); and portable digital music players that are discarded by any person.

   “Hazardous Waste Management Facility” means a facility that receives from off-site any hazardous waste for purposes of treatment, storage or disposal.

   “Solid waste management facility” means any facility employed beyond the initial solid waste collection process for the storage, processing, or disposal of solid waste or the recovery by any means of any material or energy product or resource therefrom, including, but not limited to, transfer stations, baling facilities, rail haul or barge haul facilities, processing systems, including resource recovery facilities or other facilities for reducing solid waste volume, sanitary landfills, facilities for the disposal of construction and demolition debris, plants and facilities for compacting, composting or pyrolization of solid wastes, incinerators and other solid waste disposal, reduction or conversion facilities. Solid waste management facility shall not include an electronic waste recycling facility.

  1. No person shall place out for Department collection or cause to be placed out for Department collection any electronic waste or place out or cause to be placed out any electronic waste when such electronic waste is otherwise intended for disposal at a solid waste management facility or hazardous waste management facility in this state.
  2. Any person who violates this section shall be liable for a civil penalty of one hundred dollars per violation.
  3. All violations issued under this section shall be returnable to the Environmental Control Board which shall have the power to impose the penalty provided by this section.

§ 1-05 Removal, Storage and Disposal of Street Encumbrances.

(a) The Commissioner, upon receiving the consent and approval of the Board of Estimate or its successor agency, may lease a suitable yard, yards, warehouses or other suitable enclosures to which any vehicle, box, barrel, bale of merchandise or other movable property removed under the authority of these Regulations shall be taken, and from time to time, he shall sell, or cause to be sold thereat, such vehicles, boxes, barrels, bales of merchandise or other movable property, as hereinafter provided.
  1. Whenever the Commissioner shall receive any vehicle bearing a motor vehicle license plate, he shall request from the public office or agency which issued such plate, the name and address of the registered owner of the vehicle with respect to which such plate was issued. The Commissioner, upon receipt of the name and address of the registered owner of any such vehicle, shall notify such registered owner by ordinary mail that such vehicle is held by the Commissioner. Upon receipt of any other movable property bearing a legible inscription or other identifying device setting forth the name and address of the owner or person lawfully entitled to possession thereof, or where the property is otherwise identifiable, the Commissioner shall notify such owner or person by ordinary mail that such movable property is held by the Commissioner. In any notification, given pursuant to these Regulations, the Commissioner shall include a brief description of such vehicle or movable property, the date of removal, the office at which to apply for redemption, and a statement of the right to sell, dismantle, destroy or otherwise dispose of the vehicle or property if, within twenty days after the removal of a vehicle and within 30 days after removal of any other property, a lawful claim thereto is not established in the manner provided by 16 RCNY § 1-05(c) below. Any notification required to be given by the provisions of this section shall be mailed prior to the first publication of the notice of sale provided for by 16 RCNY § 1-05(d).
  2. At such times as the Commissioner shall determine, he shall sell or cause to be sold at public auction for the best price which he can obtain therefor, any such vehicle or movable property which shall remain in his custody for a period of 30 days; as to any other property, after the date of removal and with respect to which no claimant has presented to the Commissioner prior to the expiration of such 20 or 30 day periods, respectively, proof establishing to the Commissioner’s satisfaction such claimants ownership of or lawful right to possess such vehicle or property.
  3. Before making any such sale, the Commissioner shall give public notice thereof in the City Record for a period of 10 days. Such notice shall specify the time and place of such sale and shall contain a general description of the property to be sold, but no particular description of any article need be included therein.
  4. Whenever any vehicle or movable property shall remain unsold at public auction, the Commissioner, in his discretion, may re-offer such vehicle or property for sale at a subsequent public auction held pursuant to these Regulations or he may, without public notice, dismantle, destroy or otherwise dispose of such vehicle or property or any component thereof, without liability on the part of the City to the owner of or other person lawfully entitled to the possession of such vehicle or property, or to any other person having an interest therein.
  5. Any sale conducted pursuant to these Regulations shall be made at the time and place specified in such notice of sale by the Commissioner and shall be conducted by the Commissioner, or by any officer or employee of the Department designated by him, or by an auctioneer designated for such sale by the Commissioner.
  6. Immediately after the sale, the Commissioner shall pay the proceeds thereof to the Director of Finance and shall, at the same time, transmit to the Comptroller an itemized statement of the articles sold, with the price received for each article or lot, and a certificate of the costs and expenses incurred by him in making such sale. The Comptroller shall credit the General Fund with so much of the proceeds as equal the costs and expenses of such sale plus such an amount as may be estimated and fixed by the Commissioner as necessary to pay the cost of seizing, removing, and keeping or storing such property. The remainder of the monies realized from such sale shall be paid, without interest, to the lawful owners of the several articles or lots sold.
  7. Any payment to a person apparently entitled thereto, under the provision of these Regulations, shall be a good defense to the City against any other person claiming to be entitled to such payment, but if the person to whom such payment is made is not in fact entitled thereto, the person or persons to whom the same ought to have been paid shall recover the same, with interest and costs of suit, from the person or persons to whom the same shall have been paid.
  8. The owner or other person lawfully entitled to possession of any vehicle, box, barrel, bale of merchandise or other movable property removed from any public street and/or received by the Commissioner under the provision of these Regulations, may redeem such property at any time after such property is received by the Commissioner and prior to the sale, dismantling, destruction or disposal of such property pursuant to the provisions of these Regulations, upon presentation to the Commissioner of proof establishing to the Commissioner’s satisfaction that such person seeking to redeem the same is its owner or lawfully entitled to possession thereof, and upon payment to the Commissioner of such sum as he may fix as necessary to pay the cost of seizing, removing and keeping or storing such property. The storage fee to be charged for storage of encumbrances from evictions shall be $2.50/day and the storage fee for containers seized as street encumbrances shall be $16.50/day. The Commissioner shall issue a Redemption Order to any person lawfully entitled to redeem property as provided under these Regulations. The Redemption Order shall include a notice that the property must be removed within 48 hours after the date of issuance of the Redemption Order, and if not removed the property will be subject to storage charges and subsequently sold at public auction. If a person does not remove the property within 10 days after the date of issuance of a Redemption Order, the Commissioner shall notify such person by ordinary mail of the date of the next scheduled public auction and that the property will be sold at public auction on such date if it is not removed. The Commissioner shall provide notice of such public auction in the City Record as set forth in 16 RCNY § 1-05(d) of these Regulations. After providing such notice by mail and publication, the Commissioner may sell or cause to be sold at public auction any property in his custody for which a Redemption Order has been issued by which property has not been removed. When such property remains unsold after a public auction the property may be disposed of in accordance with 16 RCNY § 1-05(e) of these Regulations.
  9. The procedures outlined in the preceding subdivisions of this section shall not apply to worthless, derelict, abandoned vehicles reported to the Department of Sanitation by the Police Department and other such unidentifiable property found on the streets. The Commissioner or his duly authorized representative is hereby empowered to declare any such derelict property as worthless and valueless and is authorized to dispose of such property at Department of Sanitation disposal points or, in his discretion, to have such derelict vehicles and other worthless property removed and disposed of by private contractors.

§ 1-05.1 Removal of Derelict Bicycles.

(a) Definitions. When used in this section.

   (1) Derelict bicycle. The term “derelict bicycle” shall mean any bicycle, that is not a ghost bike, which is affixed to public property and also contains two or more of the following characteristics:

      (i) the bicycle appears to be crushed or not usable;

      (ii) the bicycle is missing parts essential to its operation, other than the seat and front wheel, including, but not limited to handlebars, pedal or pedals, rear wheel and chain;

      (iii) the handlebars or pedals are damaged, or the existing forks, frames or rims are bent; or

      (iv) fifty percent or more of the bicycle, which includes the handlebars, pedals and frames are rusted, along with any chain affixing such bicycle to public property.

   (2) Ghost bike. The term “ghost bike” shall mean a bicycle that has been placed on public property and apparently intended as a memorial for someone who is deceased, and which may be painted white or have a sign posted on or near it, or flowers or other mementos in the basket.

   (3) Public property. The term “public property” shall mean city property or property maintained by the city, or any public sidewalk or roadway, including, but not limited to any bicycle rack, light pole, bus pole, parking meter, tree, tree pit, railing or similar structure. For purposes of this section, public property shall include any bicycle rack installed by the department of transportation, its contractors, permittees or other entity authorized by the department of transportation. Public property shall not include those docks or stations installed under authority of the department of transportation’s Bikeshare Program.

  1. In the event that a derelict bicycle is affixed to public property, a notice shall be affixed to the derelict bicycle advising the owner that such derelict bicycle must be removed within seven days from the date of the notice. This notice shall also state that the failure to remove such derelict bicycle within the designated time period will result in the removal and disposal of the derelict bicycle by the department of sanitation.
  2. Nothing in this section shall preclude the immediate removal of any bicycle, including, but not limited to, a derelict bicycle or ghost bike, or the taking of any other action by any city agency if the presence of such bicycle which creates a dangerous condition by restricting vehicular or pedestrian traffic, or otherwise violates the law.

§ 1-06 Exception for Commercial Generators of “Infrequent Waste.”

(a) Any commercial establishment generating an amount of waste over a period of seven consecutive days that may be contained in one twenty gallon container or any other container or containers having a volume of twenty gallons or less shall be considered infrequent waste or insignificant amounts of waste for purposes of subsection (c) of § 16-116 of the Administrative Code. Such commercial establishment need not comply with subsections (a) and (b) of § 16-116 of the Administrative Code.
  1. Nothing contained in this section shall affect any provision of law or other rule and regulation specifying what types of containers are authorized pursuant to any law, rules or regulations for deposit of any waste or refuse.
  2. Nothing contained in this section shall obligate or be considered as requiring the Department of Sanitation to provide collection service to any commercial establishment. Collection service shall be provided in accordance with the rules and regulations of the Department of Sanitation as promulgated pursuant to Section 753 of the New York City Charter.

§ 1-07 Uniform Billing System for Collection Services to Sealed Premises.

Uniform system of billing and acquiring security for collection services to premises with incinerators that have been sealed by order of the Environmental Control Board.

    1. Any premise currently receiving collection service from the Department due to a “sealing” order of the Environmental Control Board that was issued prior to the promulgation of the rules and regulations herein will continue to receive such services provided that: Within 60 days of the promulgation of the rules and regulations herein the owner or authorized agent of the premises shall deposit as security with the Office of the Chief Clerk an amount equal to one third of the total money that was due to the Department for collection services rendered during the preceding twelve months. If the Department’s charges for rendering the services herein increases, the owner or authorized agent will deposit as additional security an amount that equals the difference between one-third of the Department’s revised costs for 12 months collection service and one-third of the figure referred to at 16 RCNY § 1-07(a)(1). This amount shall be deposited within 15 days after notice of the deficiency.

   (2) Security furnished by any owner shall be maintained by the Commissioner and returned to the owner, less the cost of any unpaid balance due to the Department, upon written notice from the owner or authorized agent requesting a termination of services.

   (3) The Department shall forward a monthly bill to the owner or agent at the address designated by the owner or authorized agent for the service rendered to such premises and payment shall be due within ten (10) calendar days of the date of the bill. If payment is not made within thirty calendar days, the Department shall terminate collection service upon ten (10) days written notice and apply that portion of the security to satisfying the outstanding bill or bills and such owner or agent shall remain responsible for any deficiency in payment not covered by the security deposit.

    1. Any premise whose incinerator is sealed by an order of the Environmental Control Board contemporaneous with or subsequent to the promulgation of the rules and regulations herein must comply with the following in order to receive collection services: The owner or authorized agent shall: submit a written request for collection to the Office of the Chief Clerk at 125 Worth Street, which request shall include a written statement as to the estimated size, type and number of containers per week necessary to contain the refuse originating from such premises. Such estimate shall be subject to the Department’s verification and may be increased or decreased according to such verification. The written request shall also include a statement as to the names, addresses, and phone numbers of the owner(s).

   (2) The owner’s or authorized agent’s request pursuant to 16 RCNY § 1-07(b)(1) herein shall constitute its promise to pay for the collection services rendered by the Department.

   (3) (i) The Commissioner or his designee shall then determine the estimated monthly cost of the collection service and shall notify the owner or agent of the estimated cost.

      (ii) The owner or authorized agent shall deposit as security with the Office of Chief Clerk an amount equal to four times the monthly cost referred to at 16 RCNY § 1-07(b)(3)(i) above.

      (iii) If the Department’s charges for rendering the services herein increase, the owner or authorized agent will deposit as additional security an amount equal to the difference between the Department’s current operating costs for rendering the requested collection service for four months less the amount described in 16 RCNY § 1-07(b)(3)(ii) above. This amount shall be deposited within 15 calendar days after notice of the deficiency.

      (iv) Security furnished by any owner shall be maintained by the Commissioner and returned to the owner, less the cost of any unpaid balance due to the Department, upon written notice from the owner or authorized agent requesting a termination of services.

   (4) The Department shall commence collection within five days after the condition precedents set forth in 16 RCNY §§ 1-07(a)(3) and 141(b)(3)(ii) have been satisfied. The Department shall forward a monthly bill to the owner or authorized agent at the address designated by the owner or authorized agent and payment shall be due within ten (10) calendar days of the date of the bill. If payment is not made within thirty (30) calendar days, the Department shall terminate collection service upon ten (10) days written notice and apply that portion of the security which satisfies the outstanding bill or bills. The balance of the security shall be returned to the owner or agent.

    1. The Department’s estimate of the monthly cost referred to at 16 RCNY § 1-07(b)(3)(i) will be based upon the Department’s expenses or costs for removing the containers described by the owner or authorized agent in his or her written statement described at 16 RCNY § 1-07(b)(1) herein.

   (2) The Department’s monthly bill referred to at §§ 1-07(a)(3) and 141(b)(4) herein shall be based upon the Department’s expenses or costs for removing a specific number of a certain type and size container.

   (3) Nothing contained herein shall give rise to any claim by any owner or agent for interest on any money deposited under these Rules and Regulations.

§ 1-08 Residential Collection Service of Designated Recyclable Materials.

(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: 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); newspaper, magazines, catalogs, phone books, mixed paper and corrugated cardboard (collectively referred to as designated recyclable paper); and 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.
  1. Implementation. The requirement that a specific designated recyclable material be source separated shall be scheduled and implemented by the Department on a citywide basis.
  2. All designated recyclable materials shall 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.
  3. 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.

  1. 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 32 gallons in capacity; (B) covered by a lid; (C) in compliance with subparagraph (2)(iv) of this subdivision; and (D) clearly labeled at least two times with the words “Recycling: Mixed Paper”, or some variation thereof, in letters no less than four inches in height. Alternatively, Department Mixed Paper Recycling Program Decals may be used to label containers. Labels shall appear twice on the container, on opposite sides. The Department recommends that rigid containers for curbside recycling collection of designated recyclable paper be green in color, however, such containers are not required to be green.

      (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 32 gallons in capacity; (B) covered by a lid; (C) in compliance with subparagraph (2)(iii) of this subdivision; and (D) clearly labeled at least two times with the words “Recycling: Metal, Glass and Plastic”, or some variation thereof, in letters no less than four inches in height. Alternatively, Department Metal, Glass and Plastic Recycling Program Decals may be used to label containers. Labels shall appear twice on the container, on opposite sides. The Department recommends that rigid containers for curbside recycling collection of designated recyclable metal, glass and plastic be blue in color, however, such containers are not required to be blue.

   (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; (C) constructed of low density polyethylene or linear low density polyethylene; and (D) comply with subparagraph (2)(iii) of this subdivision. All other recyclable paper shall be placed out for curbside collection as specified in subparagraph (h)(2)(i) of this section.

      (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; (C) constructed of low density polyethylene or linear low density polyethylene; and (D) comply with subparagraph (2)(iv) of this subdivision.

      (iii) Rigid recycling containers and 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 rigid containers or 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 rigid containers or plastic bags that it has complied with the post-consumer content requirements for such containers or bags shall relieve the user of such containers or bags from liability for deviation from post-consumer content requirements.

   (3) Containers for mechanized collection service of designated recyclable paper: Containers for mechanized collection shall be capable of being serviced by Department collection vehicles. Containers used for mechanized collection of designated recyclable paper shall be white in color. Containers shall 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.

  1. 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 shall 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. Posted signs shall 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 shall be included on the posted sign. Posted signs shall be at least 81/2 by 11 inches in size and shall use lettering of a conspicuous size. The owner or person-in-charge of such residential building shall 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. In the event that 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 shall post a sign in the regular solid waste collection area informing residents of where to bring such materials. 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. 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 shall post a sign containing the information required by this subdivision at each such location. 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 shall 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 shall, 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 shall 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.

  1. 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 shall:

   (1) separate from other materials designated recyclable materials that are required to be recycled and shall 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 shall 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.

  1. Collection procedures for designated recyclable and other materials. The owner, resident, net lessee, or person-in-charge of a residential building shall 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 shall 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 shall be placed next to such containers on such days.

      (ii) Mechanized collection service. Owners, net lessees or persons-in-charge shall 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 shall be placed out for collection in securely tied bundles. Bundles shall not exceed eighteen inches in height. Mixed paper required to be recycled shall 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) shall be placed out for curbside collection in such rigid containers or plastic bags or in securely tied bundles, which shall not exceed eighteen inches in height. Corrugated cardboard shall 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 shall be placed in containers complying with paragraph (e)(3) of this section. Corrugated cardboard shall 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 shall be placed in an area determined by the Commissioner to be accessible to Department vehicles.

   (3) Yard waste material. For the purposes of this subparagraph, “yard waste” shall be as defined in § 16-303 of the Administrative Code. Yard waste material, which the Department collects under its seasonal collection programs through curbside collection service in districts designated by the Commissioner to receive such service, shall be placed out for curbside collection on the day(s) specified for yard waste collection by the Commissioner in either of the following:

      (i) biodegradable, two-ply wet strength stock (fifty pounds each ply) leak-proof paper bags. Such bags shall not exceed 16 inches in length by 12 inches in width by 35 inches in height, and shall have a minimum capacity of 30 gallons and a maximum capacity of 55 gallons. Any written statement from the manufacturer of paper bags that it has complied with the biodegradability requirements for such bags shall relieve the user of such bags from liability for deviation from the biodegradability requirements; or

      (ii) rigid containers, provided that such containers are unlined, and are a minimum of 20 and a maximum of 32 gallons in capacity.

   (4) Materials that are not required to be source separated for recycling shall be removed from both curbside and mechanized collection recycling containers and bags prior to recycling collection day.

   (5) Designated recyclable materials. Designated recyclable materials that have been source separated as required by subdivision (g) of this section shall not be placed out for collection in the same container as solid waste or organic waste.

   (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 section 16-118(7)(b) of the administrative code of the city of New York, 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.

  1. 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 shall be required to 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.

  1. 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.

§ 1-09 City Agency and Institutional Recycling.

(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.
  1. 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).
  2. 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.
  3. 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 and recycling or co-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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

§ 1-10 Recycling of Private Carter-collected Waste.

(a) Designated recyclable materials.

   (1) Pursuant to §16-306 of the administrative code of the city of New York, the following materials are designated as recyclable materials for purposes of this section:

      (i) 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);

      (ii) high grade office paper, newspaper, magazines, catalogs, phone books, mixed paper and corrugated cardboard (collectively referred to as designated recyclable paper);

      (iii) textiles generated by establishments whose solid waste during any monthly period is comprised of at least 10% textiles;

      (iv) yard waste generated by establishments whose solid waste during any monthlv period is comprised of at least 10% yard waste;

      (v) construction and demolition waste generated by entities that exclusively engage in an activity that generates construction waste during the ordinary course of business, except that such construction waste shall exclude plaster, wall coverings, drywall, roofing shingles and glass window panes; and

      (vi) organic waste, if designated as a recyclable material pursuant to section 16-306.1 of the administrative code of the City of New York;

   (2) Notwithstanding paragraph (1) of this subdivision, if there exists any amount of paint, solvents, or hazardous substances contained in a designated recyclable container, such container must not be deemed a designated recyclable material. Instead, such containers must be disposed of in accordance with applicable local, state or federal law.

  1. General source separation, set-out and collection requirements for private carter-collected waste.

   (1) Generators of private carter-collected waste must source separate the materials designated in subdivision (a) as follows:

      (i) Designated recyclable paper must be tied and bundled securely, or placed out separately for collection in transparent or translucent bags, or labeled bins;

      (ii) Designated recyclable metal, glass, and plastic must be placed out together, for collection in transparent or translucent bags or labeled bins, provided that bulk metal and bulk plastic items that do not fit in transparent or translucent bags or labeled bins may be placed out separately;

      (iii) Yard waste must be placed out separately for collection from all other designated recyclable materials and solid waste, and must be disposed of in accordance with section 16-308 of the administrative code of the City of New York;

      (iv) Textiles must be placed out separately for collection from all other designated recyclable materials, solid waste and organic waste; and

      (v) Construction and demolition debris must be placed out separately for collection from all other designated recyclable materials, solid waste and organic waste.

   (2) Designated recyclable metal, glass and plastic, which may be commingled together, must not be placed in the same bags with designated recyclable paper. The provisions of this paragraph will not apply if such materials are collected pursuant to single stream collection and recycling as allowed by paragraph (3) of subdivision (c) of this section.

   (3) Any materials that have special collection requirements pursuant to applicable local, state or federal law must be disposed of accordingly, and must not be commingled with solid waste, designated recyclable materials or organic waste.

  1. Commingling of solid waste with designated recyclable materials.

   (1) The commingling of any designated recyclable materials with solid waste is prohibited.

   (2) The commingling of organic waste that has been designated pursuant to section 16-306.1 of the administrative code of the City of New York, with solid waste or other designated recyclable materials is prohibited.

   (3) Notwithstanding the source separation provisions of subdivision (b) of this section, a generator of private-carter collected waste may commingle designated metal, glass, and plastic with designated recyclable paper if:

      (i) his or her private carter has furnished information to the business integrity commission of its ability to use either single stream collection and recycling, or co-collection of recyclables; or

      (ii) a generator obtains a registration from the business integrity commission pursuant to paragraph (b) of section 16-505 of the administrative code of the city of New York, to transport its own designated recyclable materials to a central holding location under the control of the generator, from which such designated recyclable materials will be collected by a private carter, who has furnished information to the business integrity commission of its ability to use either single stream collection and recycling, or co-collection of recyclables, or delivered by the generator directly to a recycler.

  1. Generator requirements.

   (1) All generators of private carter-collected waste must ensure that the separation of materials as set forth in subdivisions (b) and (c) of this section is maintained prior to the collection of such materials by a private carter or recycler. However, such requirements do not apply if single stream collection and recycling is used by a private carter or recycler pursuant to paragraph (3) of subdivision (c) of this section. All generators of private carter-collected waste must ensure that designated recyclable materials as set forth in subdivision (a) of this section are kept separate from solid waste and organic waste, if designated pursuant to section 16-306.1 of the administrative code of the city of New York.

   (2) As required by section 16-116 of the administrative code of the city of New York, generators must post a sign identifying each private carter approved to provide collection and/or recycling services for such generators. Such sign must use lettering of a conspicuous size and be prominently displayed by attaching it to a window near the principal or service entrance of the generator’s premises so as to be easily visible from outside such premises. Such sign must also identify, by type, each designated recyclable material that will be collected by each private carter and, if applicable, whether the private carter will be using single stream collection and recycling or co-collection of recyclables.

  1. Implementation and notice requirements.

   (1) Owners, net lessees or persons-in-charge of a premises who arrange for the collection of solid waste. The owner, net lessee or person-in-charge of a premises who arranges for the collection by a private carter or recycler of solid waste or designated recyclable materials generated by such premises must:

      (i) arrange with a private carter or recycler for the recycling, reuse or sale for reuse of designated recyclable materials in accordance with subdivisions (b) and (c) of this section, except where such materials are managed pursuant to the returnable container act, also known as the bottle bill, found in title 10 of article 27 of the environmental conservation law. This provision will not apply if an establishment obtains a registration issued by the business integrity commission pursuant to subdivision b of section 16-505 of the administrative code of the city of New York.

      (ii) Notify his or her tenants, occupants, and/or employees, at least annually, in writing, of applicable source separation requirements, including what materials are required to be source separated and how to source separate such materials. A copy of such notification shall be submitted to the Department upon reguest within five business days of such reguest either by postal mail or electronic mail to the Department.

      (iii) Post and maintain one or more signs in maintenance areas where refuse and recycling are collected and/or stored, which describe what materials are required to be source separated and collection procedures for such materials; and

      (iv) Post and maintain one or more such signs in public areas where designated recyclable materials that are required to be source separated are routinely generated, provide containers for, or otherwise provide for the separate collection of, such materials.

   (2) Tenants or occupants. Tenants or occupants of premises that generate private carter-collected waste must, at a minimum:

      (i) source separate materials in accordance with subdivisions (b) and (c) of this section, except where such materials are managed pursuant to the returnable container act, also known as the bottle bill, found in title 10 of article 27 of the environmental conservation law;

      (ii) notify their employees, customers, clients, or others lawfully on the premises of applicable source separation requirements by posting and maintaining one or more signs that set forth what materials are required to be source separated and how to source separate such materials.

   (3) Any sign posted pursuant to this paragraph must be posted in a common area or areas routinely visited by such employees, customers, clients, and/or others lawfully on the premises.

   (4) Containers for the collection of designated recyclable materials to be used by customers, clients, or others lawfully on the premises must be labeled to indicate what materials may be properly placed therein.

   (5) Nothing in this subdivision will preclude a tenant or occupant from instituting his or her own source separation program in accordance with the provisions of subdivision (c) or (d) of this section.

  1. Responsibilities of operators of non-putrescible and putrescible solid waste transfer stations. Operators of non-putrescible and putrescible solid waste transfer stations must:

   (1) remove any translucent plastic bags containing source separated designated recyclable metal, glass and plastic that are intended for recycling, reuse, or sale for reuse, or transfer to a recycling processing facility; and

   (2) maintain any separated designated recyclable paper materials apart from all other solid waste and other designated recyclable materials before their transfer to another location.

  1. Enforcement and compliance.

   (1) The Commissioner reserves the right to conduct lawful inspections at reasonable times to ensure compliance with this section. Such inspections may include, but need not be limited to:

      (i) inspections of solid waste and/or designated recyclable materials placed out for collection by a generator to determine whether such materials have been placed out for collection in accordance with subdivisions (b), (c) and (d) of this section;

      (ii) inspections of solid waste brought to Department solid waste disposal facilities;

      (iii) inspections of non-putrescible and putrescible solid waste transfer stations; and

      (iv) inspections of any other facilities required to be registered or licensed by the department.

   (2) Any person who violates any provision of this section will be liable tor civil penalties as provided for under section 16-324 of the administrative code of the city of New York. Section 16-324 provides for a civil penalty in the amount of $100 for the first violation, $200 for the second violation committed on a different day within a period of twelve months, and $400 for the third and each subsequent violation committed on a different day within a period of twelve months. Any person who receives four or more violations that were committed on different days within a period of six months shall be classified as a persistent violator and would be subject to the additional penalties as set forth in section 16-324 of the administrative code of the city of New York. In addition, operators of non-putrescible or putrescible solid waste transfer stations will be liable for civil penalties as provided for in section 16-133(a)(2) of the administrative code of the city of New York and rules promulgated thereunder. Section 16-133(a)(2) provides for a civil penalty in the amount of $2,500 to $10,000 for the first violation, $5,000 to $10,000 for the second violation committed within a three year period, and $10,000 for a third and each subsequent violation committed within a three year period.

  1. Severability. The provisions of these Rules shall be severable and if any word, phrase, clause, sentence, paragraph, subsection or section of these Rules, or the applicability thereof to any person or circumstance, shall be held invalid, the remainder of these Rules and the application thereof shall not be affected thereby.

§ 1-11 Organic Waste Generated by Commercial Establishments.

(a) Designated covered establishments. Pursuant to § 16-306.1(b) of the New York City Administrative Code, the following commercial establishments are "designated covered establishments" for purposes of this section and shall comply with the requirements set forth in this section:

   (1) an arena or stadium having a seating capacity of at least fifteen thousand persons;

   (2) a food service establishment that (i) is located within a hotel having at least one hundred fifty sleeping rooms, (ii) operates under common ownership or control of such hotel, and (iii) receives waste collection from the same private carter as such hotel;

   (3) a food manufacturer that has a floor area of at least twenty-five thousand square feet;

   (4) a food wholesaler that has a floor area of at least twenty thousand square feet;

   (5) a food service establishment that has a floor area of at least fifteen thousand square feet;

   (6) (i) a food service establishment that is part of a chain of one hundred or more locations in the City of New York and that (i) operate under common ownership or control; (ii) are individually franchised outlets of a parent business; or (iii) do business under the same corporate name.

      (ii) Any person who owns or operates two or fewer food service establishments may request a waiver from the sanitation commissioner of the requirements of this section if no single food service establishment has a floor area of at least seven thousand square feet, the food service establishment or establishments are individually franchised outlets of a parent business covered by this subparagraph, and the owner or operator establishes that the food service establishment or establishments do not receive private carting services through a general carting agreement between a parent business and private carter; and

   (7) a retail food store that has a floor area of at least twenty-five thousand square feet.

For purposes of this section, the “floor area” of an establishment has the same meaning as defined under Section 12-10 of Chapter 2 of Article 1 of the Zoning Resolution.

  1. Source separation requirements for designated covered establishments.

   (1) A designated covered establishment shall source separate organic waste generated at its premises and either:

      (i) arrange with a private carter for the separate collection of such organic waste directly from its premises for the purpose of a beneficial organic waste use;

      (ii) transport its own organic waste directly to:

         (A) an organic waste processing facility; or

         (B) to a transfer station authorized by the New York state department of environmental conservation to receive source separated organic waste that will be removed to another location for beneficial organic waste use, provided that the designated covered establishment first registers with the business integrity commission pursuant to subdivision b of section 16-505 of the administrative code of the city of New York; or

      (iii) provide for a beneficial organic waste use on-site at its premises, provided that any on-site composting must be in-vessel, and that it arranges for the collection or transport of the remainder of such organic waste, if any, in accordance with clause (i) or (ii) of this subparagraph.

   (2) A designated covered establishment that registers with the business integrity commission pursuant to subdivision b of section 16-505 of the administrative code of the city of New York and transports its own organic waste shall enter into a written agreement-with an organic waste processing facility that provides for a beneficial organic waste use. A copy of such written agreement shall be submitted by the covered establishment to the Department upon request within five business days of such request either by postal mall or electronic mail to the Department.

   (3) A designated covered establishment that provides for a beneficial organic waste use on-site at its premises for some or all of the organic waste it generates shall:

      (i) to the extent practicable, weigh and measure by volume the amount of organic waste disposed of by any such method on-site. A designated covered establishment shall maintain records of such weights and measurements for a period of three years, and the records shall be submitted by the covered establishment to the Department upon request within five business days of such request either by postal mail or electronic mail to the Department;

      (ii) provide equipment on site that is properly sized to handle and process organic waste generated at the premises in a safe and sanitary manner, together with a contingency plan for handling the organic waste in the event such system becomes inoperable. The designated covered establishment shall ensure that no organic waste or other solid waste storage problem or public nuisance or condition hazardous to public health or safety is created during scheduled or unscheduled equipment maintenance, or equipment breakdown;

      (iii) ensure that any such organic waste processing system is installed in accordance with the Health Code, including but not limited to the provisions of article 143, the New York city building code, including but not limited to subchapters twelve and thirteen of chapter one of title twenty-seven of the administrative code, if applicable, and all applicable laws and rules governing the discharge of waste and waste water, including 15 RCNY § 19-11 governing the discharge of grease into the city sewer system, and any other applicable regulations enforced by the department of environmental protection or the New York state department of environmental conservation. In accordance with section 413.1 of the New York city plumbing code, a commercial food waste grinder unit cannot be used as an organic waste processing system for purposes of this paragraph; and

      (iv) within thirty days of the installation of any on-site organic waste processing equipment, report to the Department the manufacturer, model number, size and the minimum and maximum processing capacity of the equipment and the date of installation of such equipment on a registration form prescribed by the Department, which shall be renewed annually.

  1. Storage and set-out requirements for containers.

   (1) A designated covered establishment shall provide separate containers for the disposal of organic waste in any employee work area where such organic waste is generated by employees during the preparation of food. Containers for the disposal of organic waste to be used by employees shall be labeled to indicate only organic waste may be properly placed therein. For purposes of this paragraph, “label” means a display of words, which may also include graphics, that is affixed to or placed upon a container.

   (2) A designated covered establishment that arranges for the collection of organic waste by a private carter shall ensure that it properly stores and maintains its source separated organic waste separately from all other materials generated at the premises, and shall not allow organic waste that is stored and maintained to be commingled with designated or nondesignated recyclable material or solid waste. All such organic waste shall be stored in a manner that does not create a public nuisance.

   (3) A designated covered establishment that arranges for the collection of organic waste by a private carter shall separately set out such organic waste in one or more containers that:

      (i) have a lid and a latch, lock, or other fastening or sealing mechanism or cord that keeps the lid closed and is resistant to tampering by rodents or other wildlife;

      (ii) have the capacity that meets the disposal needs of the designated covered establishment and its private carter;

      (iii) are compatible with the private carters hauling collection practices; and

      (iv) are closed and latched at the time any such containers are placed out for collection by the carter and are labeled to indicate organic waste is placed inside.

  1. Decal and instruction requirements.

   (1) (i) A designated covered establishment shall post a decal that states clearly and legibly either:

         (A) the trade or business name, address, telephone number of, and the day and time of pickup by the private carter that collects the designated covered establishment’s organic waste;

         (B) the designated covered establishment transports its organic waste to an entity that provides for beneficial organic waste reuse; or

         (C) the designated covered establishment provides for on-site processing of organic waste generated at its premises.

      (ii) A designated covered establishment shall prominently display such decal by affixing it to a window near the principal entrance to the designated covered establishment so as to be easily visible from outside the building or, if this is not possible, shall prominently display such decal inside the designated covered establishment near the principal entrance. If posting a decal near the designated covered establishment’s entrance is not practicable, the owner of such designated covered establishment shall retain a copy of such decal on its premises and shall furnish a copy to the Department upon request.

   (2) A designated covered establishment shall post instructions on the separation requirements for organic waste in an area where such instructions will be visible to employees who are disposing of organic waste. Such instructions shall state that organic waste is required to be source separated and shall explain how to source separate such material.

  1. Enforcement and compliance.

   (1) The commissioner, together with the commissioner of the department of mental health and hygiene, and the commissioner of the department of consumer affairs, reserves the right to conduct lawful inspections during business hours to ensure compliance with this section. Such inspections may include, but need not be limited to:

      (i) inspections of organic waste set out by a designated covered establishment for collection by his or her private carter to determine whether such material has been set out in accordance with paragraph 2 of subdivision c of this section; and

      (ii) inspections of putrescible solid waste transfer stations that are authorized to accept source separated organics by the New York state department of environmental conservation.

   (2) Any person that violates any provision of this section shall be liable for civil penalties as provided for under paragraphs one, two and three of subdivision e of section 16-324 of the New York City Administrative Code.

Chapter 2: Use of Department Disposal Facilities

§ 2-01 Definitions.

Each of the following words, terms, or phrases shall have for the purposes of these Rules and Regulations, the sense or meaning prescribed by its definition:

Ashes. “Ashes” means cinders, coal and every other such substance which is left unconsumed by fire in stoves, furnaces, ranges, firepots, fireplaces, and other such places.

Brush. “Brush” means wood components of yard waste, including tree branches, prunings and other similar materials, which are greater than three quarters (3/4) of an inch in diameter.

Burnable material. “Burnable material” means putrescible solid waste, non-putrescible solid waste and other combustibles excepting dangerous materials.

Burnable rubbish. “Burnable rubbish” means non-putrescible solid waste that may be burned mixed with putrescible solid waste, without additional or supplementary fuel, at incinerator furnace temperatures ranging from 800°F. up including, but not limited to, paper, dry rags, cartons, boxes, small pieces of wood, excelsior in small quantities, broken furniture, bedding, small pieces of old leather, tree branches in short pieces, and yard trimmings.

Commissioner. “Commissioner” means the Commissioner of the Department of Sanitation.

Compost Facility. “Compost Facility” means a facility operated by the Commissioner and used for the aerobic and thermophilic decomposition of organic constituents of solid waste to produce a stable, humus-like material.

Compostable Material. “Compostable material” means organic constituents of solid waste including, but not limited to, yard waste, that are capable of being processed aerobically and thermophilically to form a stable, humus-like material.

Dangerous material. “Dangerous material” means:

   (1) Any substance, or compound, or mixture, or article having properties of such a character that alone, or in combination or contiguity with other substances or compounds; it may decompose suddenly and generate sufficient heat, or gas, or pressure to produce rapid flaming combustion, or administer a destructive blow to surrounding objects.

   (2) Any chemical or any mechanical mixture containing any oxidizing and combustible units or other ingredients in such proportions, quantities or packing that an ignition by fire, friction, concussion, percussion or detonation of any part of the compound or mixture may cause sudden generation of highly heated gases that the resultant gaseous pressure is capable of producing destructive effects upon life, limb or contiguous objects.

   (3) Including, but not limited to,

      (i) animal hides in quantities

      (ii) magnesium strips, foil, powder

      (iii) sulphur

      (iv) phosphorus

      (v) mercury

      (vi) unused flash bulbs

      (vii) any sealed object containing a gas or liquid and canned goods

      (viii) any container used for or containing:

         (A) benzene

         (B) cigarette lighter fluid

         (C) cleaning fluid

         (D) alcohol

         (E) acetone

         (F) ether

         (G) oil

         (H) any other inflammable substance

      (ix) celluloid

      (x) calcium carbide

      (xi) sawdust

      (xii) any finely divided or powdered materials

      (xiii) any other chemicals

      (xiv) cellulose nitrate

      (xv) buffing from resin compounds

      (xvi) fine wool in quantities

      (xvii) boxes, barrels or baskets with steel hoops or bindings.

Department. “Department” means Department of Sanitation or its agents or designees.

Incinerator. “Incinerator” means plant owned by the City of New York and operated by the Commissioner to incinerate burnable material.

Location. “Location” means in the generic sense, any location operated by the Commissioner for the disposal, composting or incineration of material, or for an intervening stage or step to final disposal; and, as the context indicates, an incinerator, or a marine transfer station, or a truck landfill, or a marine unloading plant, or a composting facility.

Marine transfer station. “Marine transfer station” means a waterfront lo cation operated by the Commissioner to load materials into barges for marine transportation to another point for final disposal.

Marine unloading plant. “Marine unloading plant” means a waterfront location where material is unloaded from barges and used to reclaim adjacent low lying swampy land by filling and operated by the Commissioner.

Material. “Material” means in the generic sense, any of the materials defined in these Rules, i.e. ashes or garbage or burnable or dangerous materials or yard waste; and, as the context indicates, a particular defined material.

Non-putrescible Solid Waste. “Non-putrescible Solid Waste” means solid waste, whether or not contained in receptacles, that does not contain organic matter having the tendency to decompose with the formation of malodorous by-products.

Permittee or licensee. “Permittee or licensee” means a person licensed or permitted by the New York City Department of Consumer Affairs pursuant to Subchapter eighteen of Chapter two of Title twenty of the Administrative Code of the City of New York to collect or dispose of commercial non-putrescible and putrescible solid waste.

Person. “Person” means any individual, partnership, corporation, association, firm, organization, or any other group of individuals, or any officer or employee or agent thereof.

Putrescible Solid Waste. “Putrescible Solid Waste” means solid waste containing organic matter having the tendency to decompose with the formation of malodorous by-products.

Solid Waste. “Solid Waste” means all putrescible and non-putrescible materials or substances, except as described in paragraph (2) of this subsection, that are discarded or rejected, including but not limited to garbage, refuse, waste collected by any person required to be licensed or permitted pursuant to Subchapter eighteen of Chapter two of Title twenty of the Administrative Code of the City of New York, rubbish, tires, ashes, contained gaseous material, incinerator residue, construction and demolition debris, discarded automobiles and offal. Such term shall include recyclable materials, as defined in subdivision i of section 16-303 of chapter one of title sixteen.

   (1) A material is discarded or rejected if it is:

         (A) spent, useless, or worthless or in excess to the owners at the time of such discard or rejection;

         (B) disposed of;

         (C) burned or incinerated, including material burned as a fuel for the purpose of recovering useable energy; or

         (D) accumulated, stored, or physically, chemically or biologically treated (other than burned or incinerated) instead of or before being disposed of.

   (2) The following are not solid waste for the purpose of this subsection:

         (A) domestic sewage;

         (B) any mixture of domestic sewage and other waste that passes through a sewer system to a publicly owned treatment works facility for treatment, except any material that is introduced into such system in order to avoid the provisions of the Title 16 of the Administrative Code of the City of New York, or of state regulations promulgated to regulate solid waste management facilities;

         (C) industrial wastewater discharges that are actual point source discharges subject to permits under Article 17 of the New York State Environmental Conservation Law; provided that industrial wastewaters while they are being collected, stored or treated before discharge and sludges that are generated by industrial wastewater treatment are solid wastes;

         (D) irrigation return flows;

         (E) radioactive materials that are source, special nuclear, or byproduct material under the federal Atomic Energy Act of 1954, as amended, 42 U.S.C. §§ 2011 et seq.;

         (F) materials subject to in-situ mining techniques which are not removed from the ground as part of the extraction process;

         (G) hazardous waste as defined in § 27-0901 of the New York state environmental conservation law, including material containing hazardous waste; and

         (H) regulated medical waste as defined in Title 15 of article 27 of the New York State Environmental Conservation law, in Title 13 of Article 13 of the New York State Public Health Law, or in § 16-120.1 of the Administrative Code of the City of New York or any rules and regulations promulgated pursuant to such provisions of law.

Truck landfill. “Truck landfill” means an inland location; low lying, swampy land being reclaimed by filling with material and operated by the Commissioner.

Unburnable material. “Unburnable material” means any material which will not ignite or actively support combustion in a surrounding temperature of 1250°F. during an exposure of sixty seconds including, but not limited to, ashes, plaster, bricks, broken asphalt, concrete, concrete building boards, glass, crockery, metals, granite, marble, other stone and stoneware, porcelain and porcelain ware, slag, mortar, terracotta, gypsum, lime, asbestos, mineral wool, rock wool, hard rubber, and any material containing a high percentage of moisture.

Virgin Wood Chips. “Virgin wood chips” means wood from a tree or tree branch that has been reduced or chipped to a minimum size of one inch and a maximum size of four inches in diameter. Notwithstanding the preceding sentence, a particular load of wood chips may contain de minimis quantities of wood chips, as determined by the Department, that do not meet the minimum or maximum size specifications. Wood chips made from wood that has been milled, painted, chemically treated, contaminated or adulterated in any manner whatsoever shall not be considered virgin wood chips, including, but not limited to, wood chips from pallets or plywood.

Yard Waste. “Yard Waste” means leaves, grass clippings, garden debris, vegetative residue that is recognizable as part of a plant or vegetable, small or chipped branches, and similar material, except that no material greater than eight (8) inches in diameter and eight (8) feet in length shall be considered yard waste.

§ 2-02 General Limitations.

(a) Material produced or collected outside the City of New York will not be received or accepted from any person.
  1. Material will not be received or accepted at any location unless (1) the person offering it tenders a debit card pursuant to 16 RCNY § 2-06, as applicable, for each load at the rates in effect when such material is received; and (2) unless the vehicle body and/or container clearly displays an official notice from the Department stating the cubic yard capacity of such vehicle and/or any identification number as required by the Department.
  2. Material will not be received or accepted at a Marine Unloading Plant. If the Department designates an area within the site of a Marine Unloading Plant with vehicular access through the inland or upland boundaries of the Plant site as a landfill, materials otherwise acceptable at Truck Landfills generally will be received and accepted at such a landfill.
  3. Unburnable materials will not be received or accepted at incinerators.
  4. Dangerous materials will not be received or accepted at any point, except as provided by these Rules.
  5. Burnable materials will not be received or accepted at truck landfills or marine transfer stations during any period in which the nearest incinerator is accepting burnable material.
  6. Material will be received and accepted at particular locations only while each is open for that purpose. The Commissioner shall determine when a particular location be open.
  7. Material will be received and accepted only when delivered in a vehicle displaying a decal issued for the particular vehicle by the Department of Sanitation indicating the cubic yard capacity of such vehicle and a waste conveyance truck permit or license issued for the particular vehicle in accordance with Subchapter eighteen of Chapter two of Title twenty of the Administrative Code of the City of New York.
  8. Roll-on/Roll-off containers whose bodies are permanently enclosed and are of a welded steel construction will be accepted at incinerators, provided that the person, permittee, or licensee offering such container complies with all rules and regulations of the Department. All other Roll-on/Roll-off containers shall not be accepted at any incin- erator.
  9. Except as provided in subdivision (k) below, overweight vehicles as defined in this subdivision (j) will not be received or accepted at Department disposal facilities as follows:

   (1) At Marine Transfer Stations trucks weighing over 40 tons gross will not be received or accepted for disposal of materials.

   (2) At landfills and compost facilities trucks weighing over 60 tons gross will not be received or accepted for disposal of materials.

   (3) At incinerators trucks weighing over 60 tons gross will not be received or accepted for disposal of materials.

  1. Any person, licensee, or permittee who shall be found to have violated any provisions of these Rules may have his dumping privileges suspended by the Commissioner for a period not to exceed 30 days. In the case of a violation of 16 RCNY § 2-02(j) the following will occur: (1) upon the first violation of such paragraph the materials may be accepted for disposal and an oral warning will be given to the driver of the overweight vehicle. Such oral warning will be followed by a written warning indicating that a second and/or any subsequent violation(s) will result in the suspension of the dumping privileges of the violating person, licensee or permittee for a period not to exceed 30 days; upon suspension, notice of the cause thereof shall be mailed to the violating person, licensee or permittee within two days thereafter (Saturdays, Sundays and legal holidays excluded), and in the same notice the violating person, licensee or permittee shall be informed of the time and place at which the Commissioner or his representative will receive such explanation, excuse, or justification as the violating person, licensee or permittee may care to offer. If the violating person, licensee or permittee shall fail to avail himself of such opportunity at the time and place named, or if after considering the matter submitted by the violating person, licensee or permittee and such other matter as he may deem pertinent, the Commissioner shall be of the opinion that it is not in the public interest to reinstate the dumping privileges, he may order its continued suspension, reinstatement upon compliance with conditions named by him, or revocation effective at a time named by him or for failure to comply with the conditions named by him within the time limited by him. Notice of such decision of the Commissioner and of any revocation shall be mailed to the violating person, licensee or permittee within two days (Saturdays, Sundays and legal holidays excluded), after it is made by the Commissioner.
  2. In the event that any material is offered for disposal, discharged, or otherwise disposed of at any incinerator, Marine Transfer Station, Compost Facility or Truck Landfill, the receipt of which is not authorized or permitted by these Rules, or any other applicable federal, state, or local law or rule, then the person or permittee offering such material shall be responsible for all costs and expenses incurred by the City as determined by the Commissioner in processing such material. These costs include, but are not limited to, the cost of any chemical or other analysis of such materials, the cost of segregation of such material, the cost of providing security, if necessary, the cost of removal and disposal of such material, and any other cost incurred by the City as a result of the dumping or discharge or the attempt to dump such material at any of the above enumerated facilities. The Commissioner reserves the right to direct such person to remove such material within 48 hours of written notification. In addition, in the event dumping privileges have been suspended as provided for under 16 RCNY § 2-02(k), the Commissioner may, as a condition of reinstatement of such dumping privileges, require such person to reimburse the City for such costs as provided for under this subdivision.

§ 2-03 General Provisions.

(a) Each and every time a permittee or licensee and any servant, agent, employee, or representative of a permittee or licensee offers a load of material for receipt and acceptance by the Department at any location, such permittee or licensee and the individual offering the load on his behalf shall be deemed by such offer to represent and warrant, for the purpose of inducing receipt and acceptance of the load of material in reliance thereon, that each and every part and portion and all of the load complies in every particular with all applicable provisions of these Rules and of all applicable provisions of law. Such permittee or licensee and such individual shall also be deemed by such offer to agree that it is not practicable to dump the load first, separate and apart from all other material at the location, in order to determine that the load is or is not acceptable.
  1. Whenever the Commissioner determines that it is in the City’s best interest, he may close at any time and without notice or warning in advance, down indefinitely, or discontinue entirely, or continue open and in operation for the purpose of only receiving materials collected by the Department, any Department Incinerator, Marine Transfer Station, Compost Facility or Truck Landfill location.
  2. The receipt for disposal of any materials, by the Department is subject to the suitability of Department Incineration, Marine Transfer Station, Compost and Truck Landfill facilities for handling any such materials and the capacity of such facilities remaining after receipt of Department-collected materials.
  3. No separate or special permit to deposit materials at Department locations is required other than the waste conveyance truck permit or license required under subchapter eighteen of chapter two of title twenty of the Administrative Code of the City of New York for the lawful transportation of such materials through the streets to Department locations. Each such permit or license is deemed to include the privilege of disposing of materials at Department locations upon payment pursuant to 16 RCNY § 2-06, as applicable, of the charges fixed by law, provided that such permittee or licensee complies with these rules and all applicable provisions of federal, state and local law and all other rules, regulations and orders of competent authorities.
  4. To calculate the load charge for the volume of material that may be carried in the body of a particular vehicle, the Commissioner’s representative will measure the body of the vehicle.
  5. In determining body capacities for purposes of payment, calculations will be made to the hundredth of a cubic yard. When the calculated capacity contains a fraction not exceeding fifty one-hundredths (50/100’s) of a cubic yard, capacity will be fixed at the whole number of cubic yards less the fraction. When the fraction exceeds fifty one-hundredths of a cubic yard, capacity will be fixed at the next higher whole number of cubic yards.
  6. The manufacturer’s rated cubic body capacity for a total enclosed body may be accepted, or such body may be measured and capacity calculated.
  7. The Department may accept some dangerous materials provided that special arrangements have been made through the Bureau of Waste Disposal at the Department’s Main Office, 125 Worth Street, New York, N.Y. 10013.

§ 2-04 Rates of Charge.

(a)  Pursuant to § 16-129 of the Administrative Code, the following rates are hereby fixed to be charged and collected by the Commissioner on and/or after August 1, 1988 from any person desiring to deposit at Department of Sanitation disposal facilities the materials named in such section of the Administrative Code:

   (1) fifty three dollars ($53.00) per cubic yard for material disposed of at all incinerator locations; forty four dollars ($44.00) per cubic yard for material disposed of at all Marine Transfer Stations; and forty dollars ($40.00) per cubic yard for material except asbestos, and one hundred dollars ($100.00) per cubic yard for asbestos, disposed of at all Truck Landfill locations.

   (2) These rates are based on the capacity of the vehicle container or body from which the load is dumped, as determined by the Commissioner, and will be charged and collected in such manner, by such method, and at such time, as the Commissioner may prescribe.

   (3) Nothing herein is intended to compel the Commissioner of Sanitation to collect, or remove, or dispose of, or accept for disposal, wastes or materials of any nature whatsoever other than those collected, removed, disposed of, or accepted for disposal by the Commissioner pursuant to Department rules.

  1. Notwithstanding any inconsistent provision of this section, the Commissioner may waive charges for the use of Department disposal facilities for: (1) governmental agencies of the City and State of New York, and contractors of such agencies; (2) public authorities of the State of New York and contractors of such authorities; and (3) entities, such as not-for-profit organizations or their contractors, that are eligible for Department collection service pursuant to Chapter 1 of this Title.

§ 2-05 Payments. [Repealed]

(a) Except as otherwise provided for in this chapter, any user of Department Disposal Facilities shall be required to pay for the privilege of disposing of materials, otherwise defined in these rules, in accordance with the provisions of this section. The Department may, at its discretion, require users to apply to the Department, on forms to be furnished by the Department, to establish an account under the Automated Payment System (hereinafter "APS"). Upon review of such application, the user shall be notified as to the amount, if any, to be paid to the Department as the minimum balance necessary to establish such account. The Department may require users to establish an APS account, and to maintain a minimum balance in such account, regardless of whether the user is required to pay for the use of Department facilities pursuant to this chapter. The amount that the Department may require to be deposited shall be determined by the Department based on the prevailing rate fixed by law for the disposal of non-asbestos material at Truck Landfill locations and on the user's active fleet size, as registered with the Department, as follows:

   (1) For fixed body type trucks, such deposit shall be equivalent to the charges for the cubic yard capacity of all such vehicles, registered by the user with the Department;

   (2) For roll-on/roll-off type containers, such deposit shall be equivalent to the charges for the cubic yard capacity of such vehicle, based on one-ninth (1/9) of the cubic yard capacity of all such containers registered by the user with the Department;

   (3) For tractor-trailer type vehicles transporting waste materials, such deposit shall be equivalent to the charges for the cubic yard capacity of such vehicle, based upon twice the cubic yard capacity of all such vehicles registered by the user with the Department; A user may apply for a modification to its required minimum balance based upon a reduction in its active fleet size. To apply for such a modification, a user must submit modification forms to the Department to de-register the affected vehicles.

  1. The Department will be open to accept applications and deposits Mondays through Fridays (excluding holidays), during such hours as posted by the Department.
  2. All deposit and debit transactions will be processed within one business day. Any amounts necessary to permit use of Department facilities by a user shall be deposited with the Department one business day prior to such use.
  3. Each prospective user shall be identified by the Department of Consumer Affairs waste conveyance license number, or other Department registration identification number and the user name under which it desires to apply and make a deposit.
  4. Only cash, money orders, or certified bank checks shall be received and accepted as deposit payments. All such checks/money orders shall be drawn to the order of “Department of Sanitation” as payee. (The maximum cash payments accepted per day, per user shall not exceed $1,000.00).
  5. Each account will be charged or debited for the cost of the load on the basis of the vehicle’s cubic yard capacity as calculated and determined by the Commissioner for the body of the particular vehicle registered to dump.
  6. Upon the Department’s establishment of an account on behalf of a user, each vehicle registered with the Department by the user shall receive a debit card which shall be delivered to the Commissioner’s field representative at the Department’s disposal location, in advance of dumping and as a condition precedent by the Department to the receipt and acceptance of material to be dumped. The debit card will be returned to the vehicle operator upon completion of each transaction. Such debit card shall be the property of the Department and shall be returned upon notice to the user by the Commissioner.
  7. When offering a load for disposal, the user, or his employee or a person operating the vehicle on his behalf shall deliver to the Commissioner’s field representative the debit card issued by the Department for such vehicle, listing the user name, permit number (where applicable), and account number. Debit cards may not be interchanged among vehicles. (However, funds on deposit may be applied to the dumping of any vehicle registered by the user with the Department). The information contained on the debit card must match the information contained on the Truck Measurement and Capacity Form for such vehicle and must match the markings and permit plate of the vehicle. Truck Measurement and Capacity forms shall be carried in vehicles as required by the Department.
  8. The Commissioner may authorize refunds for unused account balances. Such refunds shall be made through the Comptroller’s Office. Written requests for refunds should be made to the Department, giving the user’s name, address and account number.
  9. Upon acceptance of each load, the user’s APS account will be debited or reduced by the appropriate amount determined by the product of the rated cubic yard capacity of such vehicle, as determined by the Department’s Truck Measurement Unit, and the rate fixed by law for such material.
  10. The Department will provide reasonable notice to a user when its account is approaching the minimum balance, by advising the user’s agent offering the load of material for disposal that the user is approaching the minimum balance. It shall be the user’s responsibility to ensure that it has maintained and is maintaining the necessary minimum balance in the APS to accommodate any loads offered at any Department Disposal Facility.
  11. In the event that a user’s account is reduced below its minimum balance, as determined by the Department pursuant to subdivision (b) of this section, by disposal of material at a Department Disposal Facility or any other act of the user, the user’s vehicles will not be permitted to dump at Department Disposal Facilities until the user has deposited an amount to bring the account above the minimum balance.
  12. In the case of a diminution of the user’s account below the total amount on deposit with the Department, by disposal of material at a Department Disposal Facility or any other act of the user, the user’s vehicles will not be permitted to dump at Department Disposal Facilities until the user has deposited an amount equal to the actual value of the disposal charges for the dumped material. In addition, the Department may, at its discretion, require the user to deposit an additional amount which shall increase the user’s required minimum balance to twice the amount previously established by the Department. The Department may require that such additional minimum balance be maintained for at least one year, at which time the user may apply for a reduction in the additional minimum balance.
  13. In the case of a diminution of the user’s account below the total amount on deposit with the Department on more than one occasion, by disposal of material at a Department Disposal Facility or any other act of the user, the user’s vehicles will not be permitted to dump at the Department’s Disposal Facilities until the user has deposited an amount equal to the actual value of the disposal charges for the dumped material and an additional amount which shall be determined by the Department.
  14. Requirements for pre-payment shall not apply to Federal Government agencies. The Commissioner may enter into written agreements with such agencies providing for payments at the rates set by 16 RCNY § 2-04 or by local law, whichever is applicable, in a manner other than that specified in this section, including, for example, quarterly payments.

§ 2-07 Construction and Demolition Waste and Transporters.

(a) It is the purpose and intent of this section to treat separately that category of materials hereinafter defined as "Construction and Demolition Waste" and those persons and vehicles hereinafter defined as "Construction and Demolition Waste Transporters."
  1. “Construction and Demolition Waste” materials are hereby defined as the non-putrescible waste products resulting from building demolition, construction, alteration and excavation, including but not limited to dirt, earth, plaster, concrete, rock, rubble, slag, ashes and waste timber and lumber.
  2. Construction and Demolition Waste Transporters are defined as persons or vehicles engaged in the business of transporting construction and demolition waste except that no person or vehicle possessing a Class 1, Class 2, Class 3, Class 4, Class 5 or Class 6 commercial refuse license may qualify as a Construction and Demolition Waste Transporter.
  3. The Department may accept at specifically designated locations construction and demolition waste resulting from operations conducted within New York City and offered by Construction and Demolition Waste Transporters in compliance with all applicable provisions of these Rules and Regulations and with all applicable provisions of law. The Department shall require such Transporters to identify the origin of such waste and to furnish the identifying number of the applicable Department of Buildings permit, if any. The Department may at its discretion prohibit any Construction and Demolition Waste Transporter violating these Rules and Regulations or any applicable provision of law from offering such waste at such locations. Construction and Demolition Waste will not be accepted at any location from any person from whom the Commissioner is authorized by Resolution of the Board of Estimate of the City of New York to charge a cubic yard rate for the receipt and disposal of such waste unless the person offering such waste tenders a prepaid ticket known as a CW ticket for each load at the rates prescribed and fixed by the Board of Estimate of the City of New York. CW tickets shall be sold only in books of five (5) tickets, each separate ticket being a payment for one load. Tickets shall not be detached and offered separately. CW tickets shall not be assigned, transferred, or otherwise disposed of by any person, firm, or corporation that has purchased such tickets from the Department of Sanitation.
  4. Each and every time a Construction and Demolition Waste Transporter, or his servant, agent, employee, or representative offers a load of material for receipt and acceptance by the Department of Sanitation at specifically designated locations the Construction and Demolition Waste Transporter and the individual offering the load on his behalf shall be deemed by the offer to represent and warrant, for the purpose of inducing receipt and acceptance of the load of material in reliance thereon, that each and every part and portion and all of the load complies in every particular with all applicable provisions of these Rules and Regulations and of all applicable provisions of law, and also shall be deemed by such offer to agree that it is not practicable to dump the load first, separate and apart from all other material at the location, in order to determine that the load is or is not acceptable.
  5. 16 RCNY § 2-02(h) is not applicable to CW Transporters, but 16 RCNY § 2-03(d) shall apply.
  6. Upon the expiration of 60 days from the effective date of this Rule and Regulation, no Construction and Demolition Waste Transporter shall be permitted to offer any construction and demolition waste to any Department facility and the Department will not accept any such waste unless the Construction and Demolition Waste Transporters offering such material have complied with the following:

   (1) Such Construction and Demolition Waste Transporters shall have been measured by the Commissioner to determine their cubic yard capacity;

   (2) Such Construction and Demolition Waste Transporters shall, upon offering any construction and demolition waste at any Department disposal facility exhibit an identification card, issued by the Department of Sanitation, indicating the name and address of the owner of such Transporter, the cubic yard capacity of such Transporter as determined by the Department of Sanitation registration number assigned to such transporter; and

   (3) Such Construction and Demolition Waste Transporter shall have painted upon each side of the Transporter body well forward, in the manner and sequence specified below the following information which shall be identical to that contained on the identification card referred to in 16 RCNY § 2-07(g)(2) above:

      (i) in letters and numbers not less than four inches in height, the business name and address of the owner of such transporter;

      (ii) in letters and numbers not less than two inches in height, the following legends “D.S. Reg. Cap. Cu. Yds., D.S. Reg. No.” with the numbers adjacent thereto which are identical to those appearing on the identification card referred to in 16 RCNY § 2-07(g)(2) above;

      (iii) the sequence of the information required to be painted in subparagraphs (i) and (ii) above shall be as follows:

         Name of owner Address of owner D.S. Reg. Cap – Cu. Yds. D.S. Reg. No.

   (4) Such Construction and Demolition Waste Transporter shall have affixed to the vehicle body and/or container an official notice from the Department of Sanitation stating the cubic yard capacity and/or any identification number as required by the Department. For purpose of this section, in the event that any Construction and Demolition Waste Transporter shall have more than one container including but not limited to roll-on/roll-off containers, which are used for the Construction and Demolition Waste Transporter, then each such container shall be deemed a separate Construction and Demolition Waste Transporter for purposes of these Rules and Regulations and shall be measured by the Department of Sanitation as provided hereunder. Once the Construction and Demolition Waste Transporter shall have been measured by the Department of Sanitation in compliance with these Rules and Regulations, any change in the cubic capacity of such Transporter shall require the owner of such Transporter to present such Transporter to the Department for a new measuring within 5 days of such change in its cubic capacity. Except as provided for above, as to changes in cubic capacity after measuring by the Department, any Construction and Demolition Waste Transporter warrants and represents that in offering any load of construction and demolition waste that his Construction and Demolition Waste Transporter has not been altered or changed in any manner so as to increase or decrease the cubic capacity of such Transporter.

  1. [Reserved.]
  2. Before a work permit for construction, alteration or demolition is issued by the Department of Buildings to any applicant who desires to dispose of the construction and demolition waste originating from such work, the applicant for such permit shall pay a Construction and Demolition Waste Disposal fee to the Department of Buildings as agent for the Department of Sanitation based on a schedule of rates fixed by the Board of Estimate. Where a permit is issued in connection with a contract awarded by an agency of the City of New York which may include the New York City Housing Authority, the applicant shall accompany payment of such fee with a certification by such City agency setting forth the cubeage or load data as the case may be, which determines the amount of the fee; or in lieu of payment of such fee the applicant may submit to the Department of Buildings a certification by such City agency on a form prescribed by the Comptroller that it will determine the fee payable on such construction alteration or demolition as the case may be, and report such amount to the Comptroller to be collected out of the first payment due under such contract.
  3. All other sections, subdivisions and paragraphs of these Rules and Regulations shall apply with equal force and effect to Construction and Demolition Waste Transporters, except where inconsistent or in conflict with the provisions of 16 RCNY § 2-07 herein, in which case, the provisions of 16 RCNY § 2-07, shall prevail.
  4. On or after July 23, 1973, no construction and demolition waste will be accepted for disposition at any Department of Sanitation disposal facility if:

   (1) such waste has originated from a site for which a disposal fee has been paid in accordance with Board of Estimate Resolution No. 43, adopted on October 8, 1970;

   (2) such waste has originated from a site for which a certification by a City agency has been filed pursuant to 16 RCNY § 2-07(i); or

   (3) such waste originates from a site for which no permit is required to be issued pursuant to §§ 27-156, 27-161 and 27-167 of the Administrative Code unless the applicant for such permits, as to the construction and demolition waste specified in (3) above, provide the Construction and Demolition Waste Transporter with dump tickets, furnished to such applicant by the Department of Sanitation, and the Construction and Demolition Waste Transporter shall present such tickets in the appropriate number when offering such waste at any Department of Sanitation disposal facility for receipt and disposal. Such tickets shall be issued to any such applicant who requests such tickets provided such applicant executes a request for these tickets upon forms supplied by the Commissioner of the Department of Sanitation and supplies all of the appropriate information required on such forms. The Commissioner reserves the right to determine whether the information furnished by such applicant is accurate and to certify whether such applicant is entitled to the number of dump tickets contained in his request. Such requests shall be made on forms provided by the Department of Sanitation which shall be filed at any time subsequent to the effective date of this amendment at times and places to be designated by the Commissioner.

§ 2-08 Receipt of Compostable Material at Department Compost Facilities.

In addition to 16 RCNY §§ 2-01, 2-02, 2-03, and 2-06, the following provisions shall apply to the receipt of yard waste and other compostable material at Compost Facilities.

  1. The Department may, at its discretion, accept yard waste and other compostable material at Compost Facilities at the rates set by law. In addition, the Department may, at its discretion, accept virgin wood chips at Compost Facilities free of charge.
  2. Only yard waste as defined in 16 RCNY § 2-01 and other compostable material, as determined by the Department, shall be accepted at Compost Facilities. Yard waste or other compostable material that is contaminated with non-compostable material shall not be accepted at Compost Facilities.
  3. Yard waste and other compostable material shall be accepted in bulk form or compostable receptacles as determined by the Commissioner. In no event shall yard waste or other compostable material be accepted in plastic bags or in other receptacles determined by the Commissioner to be non-compostable.
  4. Brush shall be segregated from other yard waste and shall be deposited at Compost Facilities as directed by the Department.
  5. To be eligible for acceptance free of charge, virgin wood chips must be delivered to Compost Facilities in a vehicle that contains only virgin wood chips. Virgin wood chips that are delivered to Compost Facilities in the same vehicle as yard waste or other compostable material, even if segregated from such other materials, shall be accepted at the rates set by law for the acceptance of such other material at Compost Facilities.

Chapter 3: Lands, Land Under Water and Landfills

§ 3-01 Construction.

In construing and enforcing the provisions of these Rules and Regulations, the act of a Director, Officer, Agent or other person acting for or employed by a person, firm, partnership or corporation subject to the provisions of §§ 16-130, 16-131 and 16-133 and 16-119 of the Administrative Code for the City of New York and to these Rules and Regulations and acting within the scope of his employment, shall be deemed the act of such person, firm, partnership or corporation and bind a permittee/contractor, sub-contractor or property owner even though it also be deemed the act of a particular individual for the purpose of penal prosecution.

§ 3-02 General Rules.

For the purpose of these Rules and Regulations:

  1. Landfill operations as defined hereunder, shall include only the reception of materials for final disposition at piers, lands, and lands under water for the purpose of landfilling and/or land improvement, and shall be conducted in accordance with all Federal, State and local laws, and these Rules and Regulations.
  2. Except as provided in the preceding subdivision, no landfill operation shall be conducted on any privately-owned lands anywhere in the City of New York.
  3. The owners of lands below established grades or of lands under water may contract to fill in such lands to grades approved by the Department of Sanitation (D.O.S.), the Bureau of Highways, the Department of Buildings, the Department of Ports and Trade, and any other agency/authority having such jurisdiction. Only clean fill will be permitted consisting of earth, dirt, concrete, rock, gravel, stone, and sand. Landfill work cannot commence until written approval from the Department of Sanitation as set forth below in 16 RCNY § 3-03(c) has been received.
  4. A separate permit is required for each pier, land or lands under water to be used as a reception point for fill materials.
  5. The Letter of Acknowledgement from the Department of Sanitation for a landfill operation shall not be deemed to authorize the depositing of materials within the lines of mapped streets or of streets legally opened.
  6. All permittees/contractors, applicants for permits and all owners of property conducting landfill operations shall afford the Commissioner of Sanitation and his authorized representatives access at all times to such areas.
  7. For the purpose of this Section, the term “landfill operations” shall mean: Final disposition, grading, leveling and/or compacting of fill materials for the purpose of land improvement, or change of the existing property grade, the filling of lands below established grades or of lands under water to established grades, or to grades approved by the Department of Sanitation, the Bureau of Highways, Department of Ports, International Trade and Commerce, and/or Department of Buildings. The phases of landfill work covered by the Department of Sanitation’s permit includes all stages of the landfill work noted above.
  8. No fill shall be accepted at any landfill operation that is not clean fill as defined in 16 RCNY § 3-02(c). Any materials dumped at such locations that do not meet the clean fill definition shall immediately place the operator in violation of these Regulations.
  9. No processing, screening or sorting of acceptable materials will be allowed at any landfill operation, unless the permittee obtains the required approvals as stated in 16 RCNY § 3-05(b)(9). It is not permissible to bring loads of unacceptable material to the site for the purpose of sorting or screening.
  10. Fee. The fee for each permit to operate shall be set by the city. Each permit, if not sooner canceled or revoked, shall continue in effect for the period noted on the permit. No part of such fee shall be prorated or refunded for non-use or for discontinuance of disposition activities or for the inability of the permittee to avail himself of the privilege. No portion of such fee shall be prorated or refunded for any period during which the permit is suspended for any reason nor for any remaining period of the term of the permit subsequent to revocation by the Commissioner of Sanitation for cause.
  11. Compliance with other laws and rules. Each property owner and landfill contractor filling in lands or lands under water shall comply with all Federal, State and local laws and all orders and rules and regulations of the Commissioner of Sanitation made or adopted under § 16-117.1 or 16-131, or by the Commissioner of Consumer Affairs under Subchapter 18 of Chapter 2 of Title 20 of the Administrative Code, and/or the Commissioners of the Bureau of Highways, the Department of Buildings, Ports, International Trade and Commerce, Army Corps of Engineers, or New York State Department of Environmental Conservation if applicable.
  12. Applicability to public agencies except Department of Sanitation. All sections of these Rules and Regulations prescribing the procedures for landfill operations by owners of private property and their landfill contractors shall also apply to public agencies. Sanitary landfills operated by the New York City Department of Sanitation are exempt from these Regulations.
  13. Department’s discretion to suspend or revoke Permits. Notwithstanding any provisions of the permit to the contrary, the Department specifically reserves the right to suspend this permit temporarily or to revoke it permanently at any time when the Commissioner, or his/her designee, in the exercise of his or her reasonable discretion, has reasonable cause to find that the holder of the permit has violated the terms of any of these Rules and Regulations or of the applicable sections of the Administrative Code or the Environmental Conservation Law (“ECL”) or has violated any other applicable permit condition, law, rule or regulation.

   (1) Where the Commissioner or his/her designee has reasonable cause to find a violation, the Commissioner or his/her designee, in the Commissioner’s or the designee’s sole discretion, may either suspend the permit, effective immediately, for a period not to exceed thirty (30) days, or revoke the permit, so long as the permittee/contractor is given notice of such finding of a violation and a final determination is made ultimately upon a record and after an opportunity for a hearing, in accordance with this subdivision (m).

      (i) Notice shall be given to the permittee/contractor within a reasonable time prior to the hearing described in subparagraph (ii) of this paragraph (1), which notice shall include:

         (A) the date, time and place of the hearing to be conducted by a duly designated hearing officer of the Office of the Deputy Commissioner of Trials of the Department (a “Hearing Officer”) or by an alternative dispute resolution proceeding (an “ADP”) as described in paragraph (2) of this subdivision (m),

         (B) the legal authority and jurisdiction under which the hearing is to be held, including a reference to the particular sections of the laws and/or rules involved, and

         (C) a short and plain statement of the matters to be adjudicated, including reference to the particular sections of the permit conditions, laws and/or rules involved.

      (ii) All permittees/contractors shall be afforded an opportunity for a hearing within a reasonable time. However, such hearing shall take place within five (5) days where the Commissioner or his/her designee, having had reasonable cause to find a violation, suspends the permit immediately (a “Pre-hearing Suspension”) upon such finding, unless the permittee/contractor requests an adjournment of such hearing for reasonable cause shown. At the hearing the permittee/contractor shall be afforded the opportunity to be represented by counsel, to issue subpoenas or request that a subpoena be issued, to call witnesses, to cross-examine opposing witnesses and to present oral and written arguments on the law and facts. Adherence to formal rules of evidence is not required. No ex parte communications relating to other than ministerial matters regarding a proceeding shall be received by a Hearing Officer, including internal agency directives not published as rules.

      (iii) Findings of fact shall be based exclusively on the record of the proceeding as a whole.

      (iv) The hearing shall be transcribed or recorded. A copy of the transcript or record, or any part thereof, shall be made available to the permittee/contractor for a reasonable cost upon request.

      (v) Upon the conclusion of the hearing, the Hearing Officer shall make proposed findings of fact and law, which findings shall be supported by a preponderance of the credible evidence, and shall recommend a final decision, determination or order, forwarding such proposed findings and recommendations to the Commissioner who may adopt, reject or modify the Hearing Officer’s proposals and recommendations.

      (vi) Any recommended decision, final decision, determination or order shall be in writing, or stated in the record if the permittee/contractor is present, and shall include findings of fact, conclusions of law and penalties to be assessed, if any. A copy of any written recommended decision, final decision, determination or order shall be delivered or mailed forthwith to the permittee/contractor.

      (vii) If the Commissioner finds in the final decision, determination or order that the permittee/contractor has committed a violation, then in the Commissioner’s sole discretion, the permit shall be either suspended for a period not to exceed thirty (30) days, which suspension may include credit for any period of a Pre-hearing Suspension, or revoked. A suspension may also include a direction to the permittee/contractor to take any remedial action necessary to cure the violation of the terms of any applicable permit condition, law, rule or regulation.

      (viii) In the event of a Pre-hearing Suspension, the permittee/contractor may show, pending either the hearing or the rendering of a final decision, determination or order, that he/she has come into compliance with the applicable permit conditions, laws, rules and regulations, upon which such a Pre-hearing Suspension may be lifted by the Commissioner or his/her designee, and the permittee/contractor may resume normal operations. In the event that this permit is suspended after either a hearing or the rendering of a final decision, determination or order, the permittee/contractor may show that he/she has come into compliance with the applicable permit conditions, laws, rules or regulations within the specified period of suspension, upon which the suspension may be lifted, in the Commissioner’s sole discretion, and the permittee/contractor may resume normal operations.

   (2) The Commissioner or his/her designee, may grant the permittee/contractor the option of participating in an ADP once proper notice has been given, in lieu of the formal administrative proceeding established in paragraph (1) of this subdivision (m).

      (i) An ADP shall consist of a meeting between the permittee/contractor and the Commissioner’s representative, wherein the permittee/contractor may offer a refutation, explanation, excuse or justification relative to a violation, which violation the Commissioner or designee had reasonable cause to find. ADP proceedings shall be informal and non-adversarial. However, the permittee/contractor shall be permitted to have representation at this ADP. It is not required that these proceedings be transcribed or recorded, although all permittees/contractors shall be permitted to do so at their own expense.

      (ii) The Commissioner’s representative shall be empowered to make all final findings and determinations in an ADP. The penalty to be assessed, if any, may include a suspension of the permit for a period not to exceed fourteen (14) days, including a direction to the permittee/contractor to take any remedial action necessary to cure a violation.

      (iii) By voluntarily choosing an ADP, the permittee/contractor shall be deemed to have waived his or her rights to the formal administrative proceedings contained in paragraph (1) of this subdivision (m), unless the permittee/contractor, within forty-eight (48) hours of the receipt of the final determination of the Commissioner’s representative, otherwise notifies the Commissioner in writing that he/she has decided not to accept such determination.

      (iv) Unless the Commissioner in his or her sole discretion specifically decides otherwise, in the following circumstances the option of an ADP shall not be available:

         (A) where the violation involves material used in the fill operation containing hazardous waste (as defined in the ECL Article 27, Title 9 and Article 71, Title 27), infectious waste (as defined in the ECL Article 27, Title 15 and in the New York State Public Health Law Article 13, Title 13), potentially infectious waste (as defined in the Administrative Code § 16-120.1), asbestos, wood, or other such unsuitable items, including, but not limited to: tires, iron, appliances, mattresses, putrescibles and household goods; or

         (B) where the permittee/contractor has been found to have committed a violation of any applicable permit condition, law, rule or regulation in any adjudicatory proceeding provided for by this subdivision (m) on two or more occasions, all of which violations having been committed within a consecutive twelve (12) month period.

  1. Criminal punishment and other enforcement powers. In addition to any suspension or revocation of a permit, the permittee/contractor, subcontractor, property owner or any other person, firm or corporation may be prosecuted and convicted in the Criminal Court of the City of New York for a violation of any provision of § 16-127 of the Administrative Code or of any rule or regulation adopted by the Commissioner pursuant to §§ 16-117.1 or 16-131 of the Administrative Code and upon such conviction punished by a fine not exceeding one hundred dollars ($100) or imprisonment for ten days or both, even though such prosecution and conviction be based, in whole or in part on the same facts or occurrences upon which any suspension or revocation of permit is based. A permit may be suspended or revoked for cause other than that which would support a prosecution and conviction in the Criminal Court of the City of New York.

§ 3-03 Applications.

(a) No permit for any landfill operation shall be issued until the applicant has submitted an application in the form described below. Each applicant, in addition to furnishing all of the information required by such prescribed form of application, also shall comply promptly with all requests of the Commissioner of Sanitation and/or his representative for other and additional information desired for the consideration of his application. Application requests should be made through the Department and must be made only by the contractor performing the landfill work.
  1. Each application for a landfill permit must be accompanied by proof of ownership of the property (i.e., deed) and the written, notarized consent of the owner thereof to the conduct of the landfill operation.
  2. The contractor hired to conduct the landfill operation to fill in any land or land under water with any of the materials set forth in 16 RCNY § 3-02(c) above, shall write to the Department of Sanitation setting forth the following:

   (1) The names and addresses and social security numbers of the applicant(s). (If a corporation, the application must:

      (i) contain a complete copy of the Certificate of Incorporation and state the names and addresses of the president, vice president, secretary, treasurer and Board member;

      (ii) be signed by a corporate officer; and

      (iii) the corporate seal must be impressed on the application. If a partnership, a copy of partnership papers, certified by the County Clerk, must accompany the request. If doing business under an assumed name, “Doing Business Papers”, certified by the County Clerk, must accompany the application.) The applicants must also submit the names and addresses of all persons or entities having any ownership interest in the applicant’s business, including principal shareholder, (any shareholder, including other business entity, who owns 10% or more of the issued company stock of any class) limited partners, or creditors, to which the business is indebted in an amount equal to or greater than $3,000.00, other than a financial institution licensed to do business in the State of New York. The operator shall have the continuing duty to inform the Department of Sanitation of any changes in the officers and/or ownership of the business during the lifetime of the permit.

   (2) The names and addresses of the owner(s) of the property. Proof of ownership as registered with the City Register in the Borough where situated, together with a certified, photostatic copy of the deed of ownership. (The block and lot numbers shown on the deed should correspond with the information contained in the survey map referred to below.) Also required is a duly notarized authorization letter from the property owner stating that he has given the applicant permission to fill in the property, and he acknowledges ultimate liability for the work performed.

   (3) The applicant must submit an official survey map, showing block and lot numbers, street boundaries, the borough, property lines and the approximate square footage or acreage of the property. The beginning point should be marked on the map and correspond to the information contained in the deed. All survey maps must have the stamp or seal of a New York State licensed land surveyor or professional engineer.

   (4) An estimate of the cubic yardage of fill material required for the operation. A description of the particular materials to be used in filling in the property.

   (5) The listing of contractors/subcontractors and locations which will be supplying fill materials to the landfill operator. The Department reserves the right to conduct inspections at the site(s) of fill origination to insure said material is of an acceptable quality.

   (6) Plans must include a detailed description of the landfill work to be performed, the square footage of the property to be filled, the existing and proposed grades of the area to be filled or excavated, plotted in contours spaced at five foot intervals or at such other intervals as may be required by the Bureau of Highways or the Department of Buildings. Any plans to conduct excavation work at a landfill site must be approved by either of these Departments and clearly indicated on the plans. A statement of the slopes to be maintained and a cross section showing such slopes; whether the streets adjacent to the land are final mapped streets and with whom title of the streets is vested; the line and grades of abutting streets which are legally mapped; a profile of the existing grade, legal grade and final grade of abutting streets. Block and Lot numbers must also appear on the plans.

   (7) This plan described in paragraph (6) above must be submitted by a New York State licensed land surveyor or a professional engineer. The name, business address and phone number of said surveyor/engineer must also be presented to the Department of Sanitation.

   (8) Approximate length of time to complete fill, and an estimated completion date.

   (9) The applicant must submit a listing of the names and addresses of all landfill, transfer station, demolition/construction, and sanitation related operations for which he was previously granted City permits, and the dates of operation for these sites. If the applicant is/was a member of a corporation which was granted a permit, the applicant must report the names and addresses of the president, vice president, secretary, treasurer and Board members. If a member of a partnership, which was granted a permit, the applicant must report the names and addresses of his partners. If the applicant previously or currently has any financial interest in a landfill, transfer station, demolition/construction, or other sanitation related operation (i.e., said operation is indebted to the applicant in an amount equal to or greater than $3,000) he must report this information in his application. The Commissioner reserves the right to disapprove a permit request on the basis of an applicant’s past record of compliance with City laws, rules and regulations.

   (10) Upon request the applicant must submit information on vehicles used in the operation such as a description, type, model, make, year, license and vehicle identification number.

   (11) The applicant must submit the names, business addresses and telephone numbers of any and all contractors/subcontractors with whom he enters into an agreement to perform any portion of the landfill work. Failure to supply this information will result in the cancellation of the applicant’s request. Furthermore, information regarding subcontractor agreements must be forwarded to the Department at least two (2) business days prior to the commencement of the subcontractor’s portion(s) of the work throughout the permitted period. Failure to keep the Department informed of future/changing subcontractor agreements may result in the revocation of a permit.

   (12) In addition to the above, the Commissioner requires an applicant for permit under these Rules and Regulations to furnish a copy of all permits required to be filed with any other governmental authority, including but not limited to:

Land Contour Permit NYC Department of Transportation,Bureau of Highway Operations
Buildings Permit NYC Department of Buildings
Sidewalk Crossing Permit NYC Department of Transportation,Bureau of Highway Operations
Equipment Permits NYC Department of Buildings

~

If the property is marginal land, land under water or designated wet lands, the applicant will have to obtain the following permits and include copies of them with his application letter:

Work Permit NYC Department of Ports and Trade,Battery Maritime Building
NYSDEC Permit NYS Department of EnvironmentalConservation
Work Permit U.S. Army Corps of Engineers NewYork District

~

All landfill work to be conducted in Staten Island must be approved by the Department of Buildings’ Superintendent. Said approval must be submitted at the time of application. In the event that excavation work requires digging down to within five feet (5’) of the ground water table, approvals for such work must also be obtained from the New York State Department of Environmental Conservation. It is the applicant’s responsibility to insure that all required permits and approvals have been obtained prior to the commencement of the landfill operation. In the event that any of the above listed agencies exempts an applicant from their permitting and approval requirements, the Department of Sanitation must receive written notice of said exemption, and the reason for said exemption from the relevant agency.

   (13) Applications may be made by mail or in person.

   (14) The applicant must submit proof that he or she has obtained the required workers’ compensation and disability benefits coverage, or that the applicant is exempt from the Workers’ Compensation Law, Section 57, and the Disability Benefits Law, Section 220, Subdivision 8. Proof of coverage can be established by submitting the following Workers’ Compensation Board forms: C-105.2 Application for Certificate of Workers’ Compensation Insurance; DB-120.1 Employer’s Application for Certificate of Compliance with Disability Benefits Law; S1-12 Affidavit certifying that compensation has been secured. Proof that no coverage is required can be provided by submitting the following Workers’ Compensation Board form: C-105.21 Statement that applicant does not require Workers’ Compensation or Disability Benefits Coverage.

   (15) Processing of the application will not be completed until all the above stated documentation is provided.

§ 3-04 Additional Requirements before Commencing or During Landfill Opera- tions.

A contractor shall not commence the requested landfill operation before the receipt of a Letter of Acknowledgement from the Department of Sanitation. It is the property owner’s responsibility to ensure that the property has been properly surveyed and it is the contractor’s responsibility to ensure that the stakes and markers accurately delineate the boundaries of the property to ensure against extending the fill operation onto another property owner’s land. Additional information may be requested at any time throughout the duration of the landfill project, if the Department deems such information necessary. Additional conditions or requirements may be imposed upon the applicant or permit holder at the reasonable discretion of the Commissioner either at the time of application or throughout the permitted period.

§ 3-05 Conduct and Operations.

(a) Safety and nuisance standards. Each permittee/contractor shall supervise personally or by an authorized representative, all filling, grading, leveling, and/or compacting of fill material activities conducted on the property so as to ensure that the property is maintained in a sanitary manner and to prevent the creation of public nuisances and safety hazards and the deposit thereon of any materials other than those permitted under these Rules and Regulations. Safety and public nuisance standards applied to landfill operations shall include but not be limited to the following:

   (1) depressed or excavated areas which exceed five feet in depth must be enclosed by fencing or a berm. Berms must not exceed 6 feet in height. (The type, and minimum height of the enclosure needed will be determined by a D.O.S. inspector.)

   (2) storage of fill material on the property shall not exceed 10 feet.

   (3) if the landfill site is bound by a roadway or street, a 10 foot set back between said street or roadway and the berm or fencing must be installed.

   (4) accepted engineering and construction practices must be followed to prevent any structural damage to surrounding structures or future structures built at the site’s location.

   (5) the landfill operation shall be conducted in such a manner as to be in compliance with all survey specifications.

  1. Operating standards. Operating standards applied to landfill shall include but not be limited to the following:

   (1) The boundaries of the landfill site should be clearly identified by surveying markers or stakes.

   (2) In instances which do not permit for the installation of survey markers, the boundaries of the site should be defined by physical objects such as fences, streets, berms, etc.

   (3) Surveying markers or grade stakes should also be placed throughout the property to indicate the final elevation levels of the property, as well as the horizontal limits of landfilling. Benchmarks must also be provided to facilitate surveying.

   (4) Material used for the fill operation must not contain any hazardous material (wherever referred to in these Regulations shall be as defined by 6 NYCRR part 371 Regulations adopted by New York State DEC pursuant to Article 27, Title 9, of the Environmental Conservation Law), asbestos, wood, or unsuitable items such as tires, iron, appliances, mattresses, putrescibles, household goods, etc.

   (5) Limits on the volume of material to be deposited at the landfill site will be set at the time of permit issuance. These limits will be based on the plans and scope of work submitted by the permittee during the application period. The limits cannot be changed unless a revised set of plans, scope of work and explanation/justification for the change is presented to the Department, and prior written Department approval is obtained. If the permittee fails to comply with this Rule, the Department will stop/suspend the intake of fill materials when the original volume limits are reached. The Department must also receive duly notarized written notice from the property owner indicating that all changes in plans and scope of work have his/her approval.

   (6) The permittee must notify the Department in writing at least 10 days before the point when the limit for fill material has been reached. The Department will verify this information with an on site inspection. A second written notice must be sent to the Department at the point of project completion. A final inspection will then be performed by Department personnel to ensure that the job conforms with the plans approved by the Department. A landfill operation will not be considered complete unless the entire site has been graded/leveled off, is in total compliance with the elevations set in the approved plans, is in a clean and sanitary state, and poses no safety hazards or public nuisance problems.

   (7) If a permit is granted, and the landfill work is not begun within the permitted period, the permit will be automatically canceled and the contractor must reapply for a new permit.

   (8) If the landfill work is not completed within the permitted period, the permit must be renewed.

   (9) The processing, sorting or screening of acceptable fill material at a landfill job site is illegal unless: the site is properly zoned for a processing operation, and all required permits and approvals have been obtained from the Department of Buildings.

   (10) Department personnel must have access to the landfill operation at all times for the purpose of inspecting the progress of the work; compliance to approved plans; quality of the fill material; and sampling/testing of the fill material. Costs of sampling and testing shall be the responsibility of the permittee/contractor.

   (11) In the event that improper fill material is observed at a job site during the course of an inspection by Department personnel, the permittee will be required to isolate the material, and remove it from the job site in the presence of Department personnel. A clean up operation must commence within 48 hours of the discovery.

   (12) Prior to beginning any fill operation the permittee must clean the site of all trees, weeds, bushes, shrubs, etc. and any unacceptable materials previously deposited there.

   (13) In order to prevent the creation of a public nuisance and to insure the safety of surrounding communities, the permittee may be required to comply with additional safety and/or operating conditions deemed appropriate by the Commissioner.

   (14) Landfill operations may only be conducted during daylight hours. A violation of any of these Rules and Regulations or of the applicable sections of the Administrative Code or the Health Code shall subject the permittee/contractor and/or property owner to the penalties contained in 16 RCNY § 3-02(m) and (n) of these Regulations or in the Health Code, as well as suspension, revocation or denial of the permit. Permits to conduct landfill operations are not transferable from one contractor to another. Only the company to whom the permit is issued is permitted to conduct the landfill operation. In the event that subcontractors are hired to do any portion of the land fill work, the Department must be informed in writing, and prior Department approval must be obtained before work can begin. All contractors and subcontractors will be subjected to a background investigation which will reveal their record of compliance with City, State and Federal laws. The Department reserves the right to deny a permit on the basis of the contractor’s/subcontractor’s record of compliance. Failure to inform the Department of subcontractors, and/or failure to obtain prior Department approval could result in the cancellation of a permit request or the revocation of a permit. The names of all permitted contractors and subcontractors will appear on the landfill permit. This permit must be kept on the job site at all times and shown to Department representatives upon request. In the event that an owner/contractor is found to be conducting a landfill operation without the required approval of the Department of Sanitation, he or she will be subject to all the penalties applicable under the Health and Administrative Codes and relevant Regulations of the City of New York. He or she will be subject to the impoundment of vehicles; required to stop the operation until such time as a proper permit request has been made and approved; conduct borings testing as specified by a Department inspector at the contractor’s expense to establish that work performed illegally at the unpermitted site meets with the Department’s requirements as to the quality of material used; and pay all fines and/or fees deemed by the Commissioner to cover the Department’s cost of monitoring the illegal site.

  1. Security and supervision. Permittees at waterfront property including piers shall supervise such areas personally or by an authorized representative twenty-four hours every day, including Sundays and holidays. If a pier or the portion thereof or waterfront property covered by a permit may be securely locked or barred to prevent dumping therefrom during nights, Sundays and holidays, and such pier waterfront property or the portion thereof covered by a permit is kept securely locked or barred at night and on Sundays and holidays, no supervision will be required at those times unless material is being received or partially loaded or loaded dumpers are moored thereat.
  2. Fires prohibited. No fires shall be maintained or permitted upon any portion of any landfill area.
  3. Entranceway controls. All permittees/contractors shall provide and at all times properly maintain a suitable and satisfactory entranceway or driveway into and upon all permitted landfill areas. Each permittee/contractor must prevent every vehicle using or desiring to use such areas from crossing curbs or sidewalks to reach or leave the property unless and until he shall have first obtained due permission to cut the curb from the municipal authority having jurisdiction and also shall have planked or otherwise adequately protected such sidewalk.
  4. Environmental controls. Every permittee must keep such permitted or landfill area and the fill material deposited on land areas, or in and upon lands under water or upon vessels, clean, inoffensive and neat in appearance. Said landfill work shall not result in an offensive or unclean condition on properties abutting the landfill operation. All filling in operations shall be conducted in such manner as to prevent the accumulation of stagnant waters. All landfill operators will be required to clean surrounding streets if tracing of dirt occurs. If the generation of dust is deemed to be a problem, the landfill operator will be required to provide a water source to wet down the landfill area and surrounding streets. City hydrants are not to be used unless a D.E.P. permit is obtained.
  5. Conformity with City, State and Federal laws and regulations. All filling operations in and upon lands under water or upon lands or piers abutting upon any navigable waterway shall be conducted at all times in accordance with all City, State, and Federal laws and regulations applicable thereto.

Chapter 4: Transfer Stations

Subchapter A: Non-putrescible Solid Waste Transfer Stations

§ 4-01 Definitions.

When used in this subchapter:

Air contaminant. “Air contaminant” shall mean any particulate matter or any gas or any combination thereof in the open air, other than uncombined water or air.

Commissioner. “Commissioner” shall mean Commissioner of Sanitation of the City of New York or his or her representative.

Construction and demolition debris. “Construction and demolition debris” shall mean non-putrescible waste resulting from any excavation, or any construction, demolition, alteration, repair, or renovation of any structure, building or premises.

Construction and demolition debris transfer station. “Construction and demolition debris transfer station” shall mean any structure, building or other premises, whether improved or unimproved, at which non-putrescible solid waste, including any amount of construction and demolition debris, is received for the purpose of subsequent transfer to another location, regardless of whether such non-putrescible solid waste is subject to any processing or reduction in volume at such structure, building or premises, but shall not include transfer stations at which any amount of putrescible solid waste is received.

Designated recyclable materials. “Designated recyclable materials” shall have the same meaning as that used in § 16-306 of the Administrative Code of the City of New York and rules promulgated pursuant thereto.

Diesel engine. “Diesel engine” shall mean an engine that operates on or is capable of operating on diesel fuel.

Equipment. “Equipment” shall mean all implements used in the operation of the construction and demolition debris or fill material transfer station, including but not limited to motor-driven machinery.

Fill material. “Fill material” shall mean only clean material consisting of earth, ashes, dirt, concrete, rock, gravel, stone or sand, provided that such material shall not contain organic matter having the tendency to decompose with the formation of malodorous by-products.

Fill material transfer station. “Fill material transfer station” shall mean any structure, building or other premises, whether improved or unimproved, at which non-putrescible solid waste consisting solely of fill material is received for the purpose of subsequent transfer to another location, regardless of whether such fill material is subject to any processing or reduction in volume at such structure, building or premises.

Gasoline engine. “Gasoline engine” shall mean an engine that operates on or is capable of operating on gasoline fuel.

Intermodal solid waste container facility. “Intermodal solid waste container facility” shall mean a facility or premises served by rail or vessel at which intermodal containers are transferred from transport vehicle to transport vehicle for the purpose of consolidating intermodal containers for shipment by rail or vessel to an authorized disposal or treatment facility, where the contents of each container remain in their closed containers during the transfer between transport vehicles, and storage remains incidental to transport at the location where the containers are consolidated, and that is required to register with the Department of Sanitation pursuant to § 16-130 and § 16-131 of the Administrative Code of the City of New York and Subchapter D of this Chapter.

Non-putrescible solid waste. “Non-putrescible solid waste” shall mean solid waste, whether or not contained in receptacles, that does not contain organic matter having the tendency to decompose with the formation of malodorous by-products, including but not limited to dirt, earth, plaster, concrete, rock, rubble, slag, ashes, waste timber, lumber, plexiglass, fiberglass, ceramic tiles, asphalt, sheetrock, tar paper, tree stumps, wood, window frames, metal, steel, glass, plastic pipes and tubes, rubber hoses and tubes, electric wires and cables, paper and cardboard.

Non-putrescible solid waste transfer station. “Non-putrescible solid waste transfer station” shall mean any structure, building or other premises, whether improved or unimproved, at which only non-putrescible solid waste is received for the purpose of subsequent transfer to another location, regardless of whether such non-putrescible solid waste is subject to any processing or reduction in volume at such structure, building or premises. Such term shall include construction and demolition debris and fill material transfer stations but not intermodal solid waste container facilities.

Nonroad motor vehicle. “Nonroad motor vehicle” shall mean equipment that is propelled by a diesel engine or gasoline engine in or upon which a person or material may be transported on the ground and that is used or is located at a transfer station. A nonroad motor vehicle shall include, but not be limited to, front end loaders, backhoes and bulldozers and shall not include cars, trucks or locomotives.

Opacity. “Opacity” shall mean the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.

Particulate matter. “Particulate matter” shall mean any liquid, other than water, or any solid that is or tends to be capable of becoming windblown or being suspended in air.

Person. “Person” shall mean any individual, corporation, partnership, association, firm, trust, estate or any other legal entity whatsoever.

Putrescible solid waste. “Putrescible solid waste” shall mean solid waste containing organic matter having the tendency to decompose with the formation of malodorous by-products.

Solid waste. “Solid waste” shall mean all putrescible and non-putrescible materials or substances, other than those materials or substances described in paragraph (b) of this definition, that are discarded or rejected, including but not limited to, garbage, refuse, waste collected by any person required to be licensed or permitted pursuant to Chapter one of Title sixteen-A of the Administrative Code of the City of New York, rubbish, tires, ashes, contained gaseous material, incinerator residue, construction and demolition debris, discarded automobiles and offal. Such term shall include recyclable materials, as defined in § 16-303 of Title sixteen of the Administrative Code of the City of New York.

   (a) A material is discarded or rejected if it is:

      (1) spent, useless, worthless or in excess to the owners at the time of such discard or rejection;

      (2) disposed of;

      (3) burned or incinerated, including material burned as a fuel for the purpose of recovering usable energy; or

      (4) accumulated, stored or physically, chemically or biologically treated (other than burned or incinerated) instead of or before being disposed of.

   (b) The following are not solid waste for the purpose of this section:

      (1) domestic sewage;

      (2) any mixture of domestic sewage and other wastes that passes through a sewer system to publicly owned treatment works for treatment, except any material that is introduced into such system in order to avoid the provisions of this subchapter, 24 RCNY Health Code Article 157, Title sixteen of the Administrative Code of the City of New York, or of state regulations promulgated to regulate solid waste management facilities;

      (3) industrial wastewater discharges that are actual point source discharges subject to permits under Article seventeen of the Environmental Conservation Law; provided that industrial wastewaters while they are being collected, stored or treated before discharge and sludges that are generated by industrial wastewater treatment are solid wastes;

      (4) irrigation return flows;

      (5) radioactive materials that are source, special nuclear, or by-product material under the Federal Atomic Energy Act of 1954, as amended, 42 U.S.C. §§ 2011 et seq.;

      (6) materials subject to in-situ mining techniques which are not removed from the ground as part of the extraction process;

      (7) hazardous waste as defined in § 27-0901 of the Environmental Conservation Law, including material containing hazardous waste; and

      (8) regulated medical waste as defined in Title fifteen of Article twenty-seven of the New York State Environmental Conservation Law, in Title thirteen of Article thirteen of the New York State Public Health Law or in § 16-120.1 of the Administrative Code of the City of New York or any rules promulgated pursuant to such provision of law.

Standard smoke chart. “Standard smoke chart” shall mean the Ringelmann chart, as published by the United States bureau of mines, photographically reduced to 1/18th in size for use in the field.

Stationary equipment. “Stationary equipment” shall mean equipment powered by a diesel engine or gasoline engine that will remain stationary during use and that is used or is located at a transfer station. Stationary equipment shall include, but not be limited to, cranes, excavators, crushers, screeners, chippers and shredders.

Transport vehicle. “Transport vehicle” shall mean any motor vehicle, rail car, vessel, or other means of transportation used to deliver solid waste into, or remove solid waste from, a non-putrescible solid waste transfer station.

U.S. EPA Method 9. “U.S. EPA Method 9” shall mean the United States Environmental Protection Agency method, codified at Title 40 Code of Federal Regulations Part 60, Appendix A-4, for use by a certified observer to visually determine the opacity of air contaminant emissions from a stationary source.

U.S. EPA Method 22. “U.S. EPA Method 22” shall mean the United States Environmental Protection Agency method, codified at Title 40 Code of Federal Regulations Part 60, Appendix A-7, for use by a trained and knowledgeable observer to visually determine the presence of and amount of time that visible air contaminant emissions occur.

§ 4-02 Compliance with State and Local Law.

Every person who owns, operates, maintains or otherwise controls a non-putrescible solid waste transfer station regulated by this subchapter shall comply fully with the New York State Environmental Conservation Law and rules promulgated thereunder, including, but not limited to, Title six of the New York Code, Rules an Regulations (NYCRR) Part 360, and all conditions stated in any permit issued thereunder, Title sixteen of the Administrative Code of the City of New York, Chapters one and two of Title twenty-four of the Administrative Code of the City of New York (Air Pollution and Noise Control), Subchapter three of Chapter one of Title twenty-six and Chapter one of Title twenty-seven of the Administrative Code of the City of New York (Building Code), the Zoning Resolution of the City of New York (including, but not limited to, applicable performance standards), the New York City Health Code and all other applicable local and state laws and rules, including those regarding general transportation and vehicular transport routes.

§ 4-03 Permit Required.

No person or public agency other than the Department of Sanitation may conduct, operate or use any pier or part thereof, or any piece or parcel of land or land under water within the City of New York as a non-putrescible solid waste transfer station without having first obtained for each pier or part thereof, or for each piece or parcel of land or land under water, in addition to any other permit required by law, a permit from the Commissioner, as required by this subchapter. Any non-putrescible solid waste transfer station permit issued pursuant to this subchapter shall be conditioned upon compliance with any rules regarding the siting and hours of operation of non-putrescible solid waste transfer stations set forth in subchapter C of this chapter.

§ 4-04 Suspension and Revocation.

(a) Notwithstanding any provisions of the permit to the contrary, the Department of Sanitation specifically reserves the right to suspend such permit temporarily or to revoke it permanently after notice and hearing as provided in this section when the Commissioner or his/her designee has found that the holder of such permit (the "Permittee") has violated the terms of this subchapter or of the applicable sections of the Administrative Code or the Environmental Conservation Law or has violated any other applicable permit condition, law, or rule.
    1. Notice shall be given to the permittee within a reasonable time prior to the hearing pursuant to this subdivision, which may, as provided in Chapter 10 of this Title, in the discretion of the Commissioner, be held before a hearing officer designated by the Commissioner or an administrative law judge employed by the Office of Trials and Hearings (OATH). Such notice shall include (i) the date, time and place of the hearing; (ii) the legal authority and jurisdiction under which the hearing is to be held, including reference to the particular sections of the laws and/or rules involved; (iii) a plain statement of the matters to be adjudicated, including reference to the particular sections of the permit conditions, laws and/or rules involved; and (iv) a statement advising the permittee of the option of an alternative dispute proceeding (“ADP”) pursuant to subdivision (c) of this section, except where the Commissioner has determined pursuant to paragraph (4) of such subdivision, that such an option shall be unavailable.

   (2) Any recommended decision, final decision, determination or order issued pursuant to this subdivision shall be communicated in writing to the permittee, or stated in the record if the parties are present, and shall include findings of fact, conclusions of law and penalties to be assessed, if any. A copy of the final decision, determination or order shall be delivered or mailed promptly to the permittee.

   (3) If the Commissioner finds in the final decision, determination or order that the permittee has violated any applicable permit condition, law or rule, the permit may be suspended or revoked. A decision to suspend or revoke may also include a direction to the permittee to take such remedial action as may be necessary to cure such violation.

   (4) Where a permit issued pursuant to this Chapter is suspended pursuant to this section, the permittee shall demonstrate that the non-putrescible solid waste transfer station has been brought into compliance with the applicable permit conditions, laws or rules before the suspension may be lifted.

  1. The Commissioner or his/her designee may advise the permittee the option of an ADP, once proper notice has been given, in lieu of the formal administrative proceeding established in subdivision (b) of this section.

   (1) An ADP shall consist of a meeting between the permittee and the Commissioner’s representative, wherein the permittee may offer a refutation, explanation, excuse or justification relative to the alleged violation. An ADP shall be informal and non-adversarial. However, the permittee shall be permitted to have representation at this ADP.

   (2) The Commissioner’s representative shall be empowered to make all final findings and determinations in an ADP. The penalty to be assessed, if any, may include a suspension of the permit and/or a direction to the permittee to take any remedial action necessary to cure a violation.

   (3) By voluntarily choosing an ADP, the permittee shall be deemed to have waived the right to the formal administrative proceeding set forth in subsection (b) of this section, unless the permittee, within two business days of delivery of the final determination by the Commissioner’s representative, notifies the Commissioner in writing that he or she elected to pursue the administrative proceeding.

   (4) The Commissioner may in his or her discretion determine that an ADP shall be unavailable to a permittee where the alleged violation creates a condition that may be hazardous to the public health or safety. In determining the availability of an ADP, the Commissioner shall consider: (i) the quantity of solid waste, or of material listed in paragraph (2) of the definition of “solid waste” set forth in 16 RCNY § 4-01, that may create a condition hazardous to the public health or safety; (ii) the types of solid waste, or of material listed in such paragraph, that may create such a condition; and/or (iii) the risk of harm to the public or the environment. In addition, the Commissioner may in his or her discretion determine that an ADP shall be unavailable to a permittee where the permittee has been found on two or more occasions to have committed a violation of any applicable permit condition, law or rule in any formal administrative proceeding or in any informal proceeding (with respect to which the permittee has waived its right to a formal administrative proceeding) provided for by this section, where such violations were committed within twelve months preceding the date of the alleged violation.

§ 4-05 Permits for Construction and Demoltion Debris Transfer Stations.

(a)  For the purposes of this section, "transfer station" shall mean a construction and demolition debris transfer station, unless otherwise specified, and each such transfer station shall obtain a permit pursuant to this section.
  1. An application for a permit or renewal thereof to operate a transfer station shall include:

   (1) Copies of all materials submitted to the New York State Department of Environmental Conservation in connection with the transfer station’s application for any permit required pursuant to Title six of NYCRR Part 360 or its successor, including but not limited to an application for an initial permit to construct and/or operate, or an application to modify or renew a permit, or if no such permit is required pursuant to Title six of NYCRR Part 360 or its successor, copies of all materials submitted to the New York State Department of Environmental Conservation in connection with a registration or an exception pursuant to Title six of NYCRR Part 360. If the copy of the site plan submitted to the New York State Department of Environmental Conservation does not so indicate, or if no site plan was required to be submitted to the New York State Department of Environmental Conservation, a site plan shall be submitted indicating: the transfer station’s tax block and lot number; property boundaries, including a metes and bounds description of the property consistent with the deed submitted pursuant to paragraph (10) of this subsection; zoning district; borough; the locations of fences, gates, entrances and exits, parking spaces and truck spaces where transport vehicles may wait prior to their deposit or removal of solid waste; and the location and dimensions of each area where non-putrescible solid waste shall be received, processed and stored;

   (2) a written statement by a registered architect or licensed professional engineer certifying that:

      (i) As designed, the transfer station is capable of complying with the applicable performance standards of the Zoning Resolution of the City of New York and the applicable provisions of the New York City Health Code, including but not limited to 24 RCNY Health Code Articles 135 and 141;

      (ii) A system for the sanitary disposal of sewage and waste water has been installed at the transfer station in accordance with the provisions of 24 RCNY Health Code Articles 143 and 145 and all applicable laws and rules governing the discharge of sewage and waste water;

      (iii) The transfer station is capable of complying with all the requirements of 16 RCNY § 4-06;

      (iv) Any necessary ventilation equipment has been installed;

      (v) Cross connection control has been provided to ensure that waste water does not mix with the drinking water supply;

      (vi) There is sufficient space at the transfer station for the largest anticipated transport vehicle to safely enter and exit the transfer station;

      (vii) Transport vehicles may enter and exit the transfer station via lawful truck routes; (viii) There is adequate ingress and egress at the transfer station to accommodate emergency vehicles; and

      (ix) There is adequate ingress and egress at the transfer station to facilitate the complete inspection of the transfer station.

   (3) (i) A map describing not less than one square mile of the area surrounding the proposed transfer station, clearly marking the lawful truck routes where transport vehicles may transport solid waste into and out of the transfer station, and connecting roadways permitted to be used by transport vehicles, as certified by a registered architect or licensed professional engineer in subparagraph (vii) of paragraph (2) of this subsection; and

      (ii) the estimated number and type of transport vehicles to be used, and the daily, weekly and monthly number of vehicle arrivals and departures at the transfer station.

   (4) A certified copy of a Certificate of Occupancy or, where applicable, a temporary Certificate of Occupancy, from the Department of Buildings of the City of New York, indicating the appropriate Use Group pursuant to the Zoning Resolution of the City of New York and, if applicable, a copy of a written variance for the zoning lot from the Board of Standards and Appeals or any successor agency; and/or a copy of a certification or authorization of the Department of Small Business Services of the City of New York;

   (5) A certification from a title insurance corporation, as such corporation is defined in § 6401 of the Insurance Law, or from a duly authorized agent thereof, establishing the ownership of the property upon which the transfer station is sited or proposed to be sited;

   (6) Documentary evidence demonstrating that all penalities, including those of the Environmental Control Board, imposed upon the applicant, the property owner, and any other person in control of or having an interest in the transfer station operation, for violations of 24 RCNY Health Code Article 157, or Title sixteen, Title seventeen, Chapter one of Title sixteen-A, Chapter one of Title twenty-six and Title twenty-seven of the Administrative Code of the City of New York, or rules promulgated thereunder, that relate to the ownership or operation of a non-putrescible solid waste transfer station, putrescible solid waste transfer station, dump or fill material operation, have been paid or otherwise satisfied;

   (7) Documentary evidence demonstrating that all fees due the Department of Sanitation for use of Department disposal facilities and/or for Department disposal services from the applicant, the property owner, and any other person in control of having or having an interest in the transfer station, have been paid or otherwise satisified;

   (8) Proof of workers’ compensation coverage, or that the applicant is exempt from Workers’ Compensation Law § 57, and proof of disability benefits coverage, or that the applicant is exempt from Workers’ Compensation Law § 220, Subdivision 8 (Disability Benefits Law);

   (9) A written and notarized acknowledgement by the applicant and, if different from the applicant, the fee owner of the real property, that the applicant and/or fee owner may be held primarily liable by the City of New York for the removal of all solid waste and any other material from the transfer station;

   (10) A certifed copy of the deed, as recorded in the office of the City Register or, in Richmond County, the County Clerk, setting forth a metes and bounds description of the property, and, if applicable, a copy of the lease or sublease or a certified copy of the lease or sublease if such lease or sublease is recorded, for the premises at which the transfer station is located or proposed to be located. The permittee shall notify the Commissioner within ten business days if the ownership of the property has changed or any other conveyance of title has taken place. Any new acnowledgements required pursuant to paragraph (9) of this subsection shall be provided simultaneously;

   (11) A copy of all permits or other authorizations to construct or operate required under local and state laws and regulations, including the New York State Environmental Conservation Law and Title six of the NYCRR or its successor;

   (12) A surety bond or an irrevocable letter of credit in a sum to be determined by the Commissioner of Sanitation. This sum shall not exceed the estimated cost to the Department of the removal of all solid waste and material defined in paragraph (b) of the definition of “solid waste” set forth in 16 RCNY § 4-01, from the transfer station, in the event that such removal becomes necessary and the permittee fails to remove such solid waste and material. A bond shall be executed by the applicant and a surety authorized to conduct business within the State of New York and approved by the Commissioner and, in the case of an irrevocable letter of credit, such letter of credit shall be issued by a financial institution authorized to conduct business within the State of New York. Such bond or letter of credit shall name the Department as obligee. The face amount of the bond or letter of credit shall be based on the size of the transfer station and the volume and nature of the material to be removed. The Commissioner of Sanitation may from time to time review the adequacy of such surety bond or letter of credit and thereafter require an applicant or permittee to obtain an increase in the amount of the bond or irrevocable letter of credit not to exceed the estimated cost of the removal of such solid waste and material. The Commissioner may authorize an applicant to provide other security, including cash, if the Commissioner finds that compliance with the bond or letter of credit requirement is not reasonably possible and the public interest would be served by such authorization. A surety bond issued pursuant to this subsection shall not expire until six months have elapsed after the revocation, surrender, expiration or other termination of the permit;

   (13) The names, addresses, and dates of operation of any solid waste management facility or related businesses, currently or previously owned or operated by the applicant, or any principal of the applicant, such as private carting companies, other types of non-putrescible solid waste transfer stations, and putrescible solid waste transfer stations, whether or not located in New York City;

   (14) The applicant’s business address and telephone number. If the applicant is a corporation, the application must (1) state the names and home and business addresses of the principals of the corporation; (2) contain the signature of a corporate officer; (3) have the corporate seal impressed thereon; and (4) include a copy of the New York State corporation filing receipt. If the applicant is a partnership, the application must (1) state the names and home and business addresses of all partners; (2) include a copy of the partnership papers, certified by the County Clerk. If the applicant is required to file a certificate pursuant to § 130 of the General Business Law, a certified copy of such certificate shall be submitted to the Department. The applicant shall also submit the names and addresses of all persons or entities, other than a financial institution licensed to do business in the state of New York, to which the applicant is indebted in an amount equal to or greater than three thousand dollars ($3,000). The permittee shall have the continuing duty to inform the Department of Sanitation of any changes in the principals of the business entity owning or operating the transfer station. For purposes of this subparagraph, “principal” includes, but is not limited to, any director, officer (for example, president, vice-president, secretary, treasurer, board chairman, chief executive officer) or partner of a business entity, and shall include any shareholder (including another business entity) who owns ten percent or more of any class of issued company stock;

   (15) The types of non-putrescible solid waste, in addition to construction and demolition debris, that will be received, processed and stored at the transfer station;

   (16) The total volume of each type of non-putrescible solid waste, as well as the total aggregate volume of non-putrescible solid waste, to be present at the transfer station at one time; and

   (17) At the request of the Commissioner, the applicant shall supply any additional information that is reasonably necessary to clarify that the transfer station is capable of complying with 16 RCNY § 4-06.

  1. Any initial application for a transfer station permit shall include all documentation required pursuant to this section in one single package. This package shall constitute the transfer station permit application.
  2. A permit to operate a transfer station shall not be issued by the Commissioner unless the applicant has submitted a complete application.
  3. Review of any application submitted pursuant to this section may be suspended or terminated if the transfer station applicant is found to be operating any facility required to be permitted pursuant to § 16-130 of the Administrative Code of the City of New York without a permit therefor or in violation of any such permit.
  4. A permit issued pursuant to this section shall be for a term not to exceed one year, and shall specify the volume of each type of non-putrescible solid waste permitted to be received, processed and stored by the transfer station.
  5. The annual fee for a permit issued pursuant to this section shall be seven thousand dollars ($7,000).

§ 4-06 Operation and Maintenance of Construction and Demolition Debris Transfer Stations.

(a)  For the purposes of this section, "transfer station" shall mean a construction and demolition debris transfer station, unless otherwise specified.
  1. No transfer station shall be operated unless it has obtained a permit pursuant to 16 RCNY § 4-05, and is in compliance with the terms thereof, this section, and any other applicable law, rule or regulation.
  2. Equipment and personnel shall be provided for the safe and sanitary receipt, tipping, sorting, processing, compaction and storage of non-putrescible solid waste at the transfer station. Sufficient standby equipment shall be provided to ensure that no storage problem or public nuisance or condition hazardous to public health or safety is created during scheduled or unscheduled equipment maintenance, or equipment breakdown. All indoor transfer station solid waste receipt, tipping, sorting, processing, compaction and storage areas shall include appropriate fire detection and protection equipment and all outdoor transfer station solid waste receipt, tipping, sorting, processing, compaction and storage areas shall include appropriate functioning fire protection equipment and aisle space.
  3. The transfer station shall comply with the applicable performance standards of the Zoning Resolution of the City of New York and the applicable provisions of the New York City Health Code, including but not limited to 24 RCNY Health Code Articles 135 and 141.
  4. A system for the sanitary disposal of sewage and waste water shall be functioning at the transfer station in accordance with the provisions of 24 RCNY Health Code Articles 143 and 145 and all applicable laws and rules governing the discharge of sewage and waste water.
  5. Cross connection control shall be in place to ensure that waste water does not mix with the drinking water at the transfer station.
  6. There shall be sufficient space at the transfer station for transport vehicles to enter and exit safely.
  7. Transport vehicles shall enter and exit the transfer station via lawful truck routes.
  8. There shall be adequate ingress and egress at the transfer station to accommodate emergency vehicles. There shall be adequate space at the transfer station to accommodate emergency vehicles.
  9. There shall be adequate ingress and egress at the transfer station to facilitate the complete inspection of the transfer station. There shall be adequate access provided to all areas of the transfer station to facilitate the complete inspection of the transfer station.
  10. All non-putrescible solid waste transferred into and out of the transfer station shall be weighed or measured by volume. Records shall be maintained of such weights or measurements for a period of three years and included in the operational records required by subsection (p) of this section.
  11. Indoor and outdoor areas of the transfer station shall be illuminated during its hours of operation. Such illumination shall not create a nuisance.
  12. A transfer station shall be operated and maintained in a safe and sanitary manner so as to avoid any nuisance or condition hazardous to public health or safety.
  13. All equipment in use at the transfer station shall be maintained in proper working order. Equipment maintenance shall be scheduled and provided on a regular basis. Records of such maintenance shall be included in the operational records required by subsection (p) of this section.
  14. Transfer stations shall be kept free of vectors, including, but not limited to rodents, insects and other pests, and of any condition conducive to vectors. Written confirmation of at least weekly engagement of a certified exterminator shall be available at all times, and shall be included in the operational records required by subsection (p) of this section.
  15. Operational records for the transfer station including, but not limited to, all asset liability and capital and proprietary accounts, operating expenses, adminsitrative expenses, tax returns and equipment expenses shall be maintained for a period of not less than three years. Such records shall also include a clear and legible daily log of the quantity of solid waste received and removed, specifying the point of origin and destination of the solid waste transported daily, as well as the quantity and type of material which has been brought to the transfer station for separation and/or processing. The daily log shall also include the names and addresses of the owner and/or operator of transport vehicles entering or exiting the transfer station. The daily log shall also include the weight or volume of each designated recyclable material separated by the transfer station. Such records shall be maintained on the premises and be readily available for inspection by representatives of the Department. The permittee shall submit to the Department a copy of any report required to be filed with the New York State Department of Environmental Conservation pursuant to 6 NYCRR Part 360. Any such report shall be submitted to the Department at the same time it is submitted to the New York State Department of Environmental Conservation. In addition, the permittee shall submit to the Department quarterly reports that contain the following information, calculated by weight or volume on a monthly basis: the total amount of solid waste received; the origin of the solid waste received; the destination of the solid waste removed, including a listing, by type of material, or any material recovered for recycling, reuse or sale for reuse. Quarterly reports shall be submitted on forms prescribed by or acceptable to the Department. The report for the quarter ending on March 31 shall be due on April 30; the report for the quarter ending on June 30 shall be due on July 30; the report for the quarter ending September 30 shall be due on October 30; and the report for the quarter ending December 31 shall be due on January 30.
  16. Operators of transfer stations that receive materials that are required to be recycled, reused or sold for reuse pursuant to § 16-306 of the Administrative Code of the City of New York and rules promulgated pursuant thereto, shall recycle, reuse or sell for reuse or cause to be recycled, reused or sold for reuse such materials and shall comply with such provisions of the collection rules of the Department, including, as of September 30, 1993, 16 RCNY § 1-10(g), as are applicable to such transfer stations.
  17. The presence at a transfer station of any material other than non-putrescible solid waste is prohibited.
  18. The transfer station shall not emit odors, including odors of deodorizing materials, so as to violate the performance standards of the Zoning Resolution of the City of New York or the applicable provisions of the Air Pollution Control Code of the Administrative Code of the City of New York or to create a public nuisance.
  19. Non-putrescible solid waste shall be received, processed and stored only in the areas specifically designated in the site plan submitted pursuant to paragraph (1) of subsection (b) of 16 RCNY § 4-05. Non-putrescible solid waste shall not be permitted to spill beyond areas in which it is permitted by this subchapter and by the site plan and engineering report submitted to the Department of Environmental Conservation pursuant to 6 NYCRR Part 360. Non-putrescible solid waste that spills beyond the areas in which it is permitted shall be removed immediately.
  20. The permittee shall be allowed to receive at the transfer station only the specific types of non-putrescible solid waste set forth within the permit.
  21. The permittee shall not be allowed to receive, process or store any type of non-putrescible solid waste in excess of the maximum allowable volume of each type of non-putrescible solid waste set forth within the permit.
  22. Transfer stations shall not be allowed to maintain non-putrescible solid waste above the following heights:

   (1) if all receipt, processing and storage of non-putrescible solid waste is conducted within a completely enclosed structure at a transfer station, then the maximum pile height of non-putrescible solid waste shall be unlimited, except as otherwise provided by state and local law.

   (2) if any receipt, processing or storage of non-putrescible solid waste is conducted at any unenclosed area of a transfer station located more than three hundred (300) feet from a residential zone, then the maximum pile height of non-putrescible solid waste shall be eight (8) feet, except that the maximum pile height of:

      (i) non-putrescible solid waste consisting solely of separated concrete, rock, gravel, asphalt, brick, dirt or metal shall be forty (40) feet;

      (ii) non-putrescible solid waste consisting solely of separated, chipped wood, shall be thirty (30) feet.

   (3) if any receipt, processing or storage of non-putrescible solid waste is conducted in an unenclosed area of a transfer station located three hundred (300) feet or less from a residential zone, then the maximum pile height of all non-putrescible solid waste shall be eight (8) feet.

  1. The total volume of non-putrescible solid waste, including non-putrescible solid waste which has been processed, at a transfer station shall not exceed the allowable volume as stated in the permit issued pursuant to 16 RCNY § 4-05. The allowable volume of any transfer station shall be calculated by the Department and shall be based on the storage capacity (estimated in total cubic yardage) of the transfer station. In no event shall such allowable volume exceed that granted by the New York State Department of Environmental Conservation.
  2. Opaque fencing shall surround the perimeter of the unenclosed areas of the transfer station. The fencing must be equal to or greater than the following minimum heights:

   (1) if any receipt, processing or storage of non-putrescible solid waste is conducted in an unenclosed area of a transfer station located more than three hundred (300) feet from a residential zone, then the minimum fence height shall be ten (10) feet; and

   (2) if any receipt, processing or storage of non-putrescible solid waste is conducted in an unenclosed area of a transfer station located three hundred (300) feet or less from a residential zone, then the minimum fence height shall be fifteen (15) feet.

  1. Equipment used in the operation of the transfer station shall be contained within the property line, and under no circumstances shall such equipment be stored on city streets, or public highways as defined in section 134 of the New York State Vehicle and Traffic Law.

(aa) All drainage systems shall be kept clean, unclogged and functioning and shall be maintained to prevent leachate and wash water from accumulating or flowing onto city streets, or public highways as defined in section 134 of the New York State Vehicle and Traffic Law.

(bb) (1) Noise levels generated by operation of and at the transfer station, including the sound of transport vehicles entering or exiting the facility, shall be controlled to prevent sound levels beyond the transfer station property line from exceeding the following Leq decibel (A) weighted energy equivalent ambient sound levels:

Impacted Zones Time of Day  
7 a.m. - 10 p.m. 10 p.m. - 7 a.m.  
R1 - R3 62 decibels 52 decibels
All other residential, commercial, or manufacturing zones 67 decibels 57 decibels

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   (2) If the existing ambient sound level, excluding any contributions from the transfer station, exceeds these limits, the operation of the transfer station shall not cause the Leq sound level to be increased;

   (3) Leq is the equivalent steady-state sound level which contains the same acoustic energy as the time varying sound level during any one-hour period;

   (4) The (A) weighted sound level shall be measured with the slow metering response characteristic of a sound level meter which complies with standards established by the American National Standards Institute specifications for sound level measurement; and

   (5) Mufflers are required on all internal combustion-powered equipment used at the transfer station, and sound levels for such equipment must not exceed 80dB(A) at a distance of fifty feet from the operating equipment; provided that the decibel level beyond the property line of the transfer station shall not exceed the decibel levels set forth above.

   (6) Notwithstanding paragraphs (1) through (5) of this subsection, noise generated by back-up warning signals required by the United States Occupational Safety and Health Administration shall not be included in determining whether noise levels comply with this subsection.

  1. A sign, no smaller than four feet by four feet, shall be posted at all entrances to the transfer station and shall conspicuously indicate the transfer station’s hours of operation, the types of waste it accepts and does not accept, the expiration date of its permits to operate pursuant to § 16-130 of the Administrative Code and 6 NYCRR Part 360, and the Department of Sanitation’s complaint telephone number.

(dd) Doors and gates allowing vehicles to enter or leave the transfer station, including any structure at such station, shall be kept closed except when vehicles are entering or leaving;

(ee) No litter or solid waste shall be allowed to accumulate on the streets or other areas abutting the transfer station.

(ff) Where a transfer station is fully or partially enclosed, exhaust air shall be vented through air filters, dust collectors, and/or other equipment that removes particulate matter and malodorous by-products.

(gg) Gasoline or diesel fuel shall not be used within a fully or partially enclosed transfer station to power any equipment unless means are provided to safely vent exhaust gases.

(hh) No transport vehicle required to be licensed or permitted pursuant to Title twenty of the Administrative Code of the City of New York shall deposit any material at or remove any material from a transfer station unless such transport vehicle is appropriately licensed or permitted.

    1. Entrance into or exit from a transfer station by a transport vehicle shall be permitted only under the supervision of an attendant, and

   (2) The loading or unloading of any transport vehicle shall be continuously supervised by an attendant. The attendant shall not permit the unlawful deposit or removal of any material.

(jj) There shall be no burning of materials at a transfer station.

(kk) Within one year of the effective date of the rule that added this sentence, the receipt, processing and storage areas of the transfer station, as set forth in the site plan, shall be constructed of concrete or asphalt paving material, and equipped with adequate drainage and retention structures. A concrete or asphalt pad is not required for the separate storage of processed or unprocessed uncontaminated clean fill material that has not been commingled with any other solid waste.

(ll) The transfer station shall employ effective dust control measures to ensure that dust generation is suppressed at all times.

  1. No solid waste, construction and demolition debris, fill material, dust or other material shall be tracked from the transfer station site onto a city street, or public highway as defined in section 134 of the New York State Vehicle and Traffic Law.

(nn) Within one hundred eighty days of the effective date of the rule that added this sentence, a motor vehicle tire cleaning procedure shall be adopted that shall prevent the tracking of solid waste, dust or other material from the transfer station site onto a city street, or public highway as defined in section 134 of the New York State Vehicle and Traffic Law.

(oo) No stationary equipment at the transfer station that operates outdoors shall cause or permit the emission of an air contaminant of:

   (1) i) A density that appears as dark or darker than number two on the standard smoke chart, or 40% opacity, or of an opacity that obscures vision to a degree equal to or greater than smoke of number two density on the standard smoke chart, or 40% opacity; or

      (ii) A density that appears as dark or darker than number one on the standard smoke chart, or 20% opacity, but less than number two on said chart, or 40% opacity, or of an opacity that obscures vision to a degree equal to or greater than smoke of number one density on the standard smoke chart, or 20% opacity, but less than number two on said chart, or 40% opacity, if such an emission continues for longer than two minutes in the aggregate in any sixty minute period.

   (2) The density or opacity of an air contaminant emitted from stationary equipment that operates outdoors shall be measured at the point of its emission, except that when the point of emission cannot be readily observed, it may be measured at an observable point on the plume nearest the point of emission.

(pp) No stationary equipment or nonroad motor vehicle at the transfer station that operates outdoors shall cause or permit the emission of a visible air contaminant past the transfer station property boundary.

(qq) No nonroad motor vehicle at the transfer station that operates outdoors shall cause or permit the emission of a visible air contaminant while the vehicle is stationary for longer than ten consecutive seconds.

(rr) All stationary equipment and nonroad motor vehicles at the transfer station shall be maintained properly and shall be inspected annually. All stationary equipment and nonroad motor vehicles at the transfer station that operate outdoors shall be inspected annually while in operation by an observer certified in the U.S. EPA Method 9 set forth in Title 40 Code of Federal Regulations Part 60, Appendix A-4 and trained in the U.S. EPA Method 22 set forth in Title 40 Code of Federal Regulations Part 60, Appendix A-7, to ensure the equipment is operating properly to minimize air contaminant emissions, taking into account the model year and design capabilities of the engine. A written record of the inspection and any subsequent corrective measures performed to minimize air contaminant emissions shall be filed with the Department as part of the annual permit renewal application, and shall be included in the operational records required by subsection (p) of 16 RCNY § 4-06.

(ss) The transfer station, its equipment and nonroad motor vehicles shall be subject to inspection at all times during its hours of operation. Interference with Department personnel performing any function or duty is prohibited.

(tt) The Commissioner may grant exemptions from provisions of this section, other than subsections (ll) through (rr) of this section, if he or she determines, after completion of any applicable environmental review, that granting such exemptions would not have a significant adverse effect on the environment, provided that granting such exemptions is not otherwise inconsistent with law. The duration of any such exemption shall not exceed the applicable permit term.

§ 4-07 Permits for Fill Material Transfer Stations.

(a)  For the purposes of this section, "transfer station" shall mean a fill material transfer station, unless otherwise specified, and each transfer station shall obtain a permit pursuant to this section.
  1. An application for a permit or renewal thereof to operate a transfer station shall include:

   (1) Copies of all materials submitted to the New York State Department of Environmental Conservation in connection with a transfer station’s application for any permit required pursuant to Title six of NYCRR Part 360 or its successor, including but not limited to an application for an initial permit to construct and/or operate, or an application to modify or renew a permit, or if no such permit is required pursuant to Title six of NYCRR Part 360 or its successor, copies of all materials submitted to the New York State Department of Environmental Conservation in connection with a registration or an exemption pursuant to Title six of NYCRR Part 360. If the copy of the site plan submitted to the New York State Department of Environmental Conservation does not so indicate, or if no site plan was required to be submitted to the New York State Department of Environmental Conservation, a site plan shall be submitted indicating: the transfer station’s tax block and lot number; property boundaries, including a metes and bounds description of the property consistent with the deed submitted pursuant to paragraph (10) of this subsection; zoning district; borough; the locations of fences, gates, entrances and exits, parking spaces and truck spaces where transport vehicles may wait prior to their deposit or removal of solid waste; and the location and dimensions of each area where non-putrescible solid waste shall be received, processed and stored;

   (2) a written statement by a registered architect or licensed professional engineer certifying that:

      (i) As designed, the transfer station is capable of complying with the applicable performance standards of the Zoning Resolution of the City of New York and the applicable provisions of the New York City Health Code, including but not limited to 24 RCNY Health Code Articles 135 and 141;

      (ii) A system for the sanitary disposal of sewage and waste water has been installed at the transfer station in accordance with the provisions of 24 RCNY Health Code Articles 143 and 145 and all applicable laws and rules governing the discharge of sewage and waste water;

      (iii) The transfer station is capable of complying with all the requirements of 16 RCNY § 4-08;

      (iv) Any necessary ventilation equipment has been installed;

      (v) Cross connection control has been provided to ensure that waste water does not mix with the drinking water supply;

      (vi) There is sufficient space at the transfer station for the largest anticipated transport vehicle to safely enter and exit the transfer station;

      (vii) Transport vehicles may enter and exit the transfer station via lawful truck routes; (viii) There is adequate ingress and egress at the transfer station to accommodate emergency vehicles; and

      (ix) There is adequate ingress and egress at the transfer station to facilitate the complete inspection of the transfer station.

   (3) (i) A map describing not less than one square mile of the area surrounding the proposed transfer station, clearly marking the lawful truck routes where transport vehicles may transport solid waste into and out of the transfer station, and connecting roadways permitted to be used by transport vehicles, as certified by a registered architect or licensed professional engineer in subparagraph (vii) of paragraph (2) of this subsection; and

      (ii) the estimated number and type of transport vehicles to be used, and the daily, weekly and monthly number of vehicle arrivals and departures at the transfer station.

   (4) A certified copy of a Certificate of Occupancy or, where applicable, a temporary Certificate of Occupancy, from the Department of Buildings of the City of New York, indicating the appropriate Use Group pursuant to the Zoning Resolution of the City of New York and, if applicable, a copy of a written variance for the zoning lot from the Board of Standards and Appeals or any successor agency; and/or a copy of a certification or authorization of the Department of Small Business Services of the city of New York;

   (5) A certification from a title insurance corporation, as such corporation is defined in § 6401 of the Insurance Law, or from a duly authorized agent thereof, establishing the ownership of the property upon which the transfer station is sited or proposed to be sited;

   (6) Documentary evidence demonstrating that all penalties, including those of the Environmental Control Board, imposed upon the applicant, the property owner, and any other person in control of or having an interest in the transfer station operation, for violations of 24 RCNY Health Code Article 157, or Title sixteen, Title seventeen, Chapter one of Title sixteen-A, Chapter one of Title twenty-six and Title twenty-seven of the Administrative Code of the City of New York, or rules promulgated thereunder, that relate to the ownership or operation of a non-putrescible solid waste transfer station, putrescible solid waste transfer station, dump or fill material operation, have been paid or otherwise satisfied;

   (7) Documentary evidence demonstrating that all fees due the Department of Sanitation for use of Department disposal facilities and/or for Department disposal services from the applicant, the property owner, and any other person in control of having or having an interest in the transfer station, have been paid or otherwise satisified;

   (8) Proof of workers’ compensation coverage, or that the applicant is exempt from Workers’ Compensation Law § 57, and proof of disability benefits coverage, or that the applicant is exempt from Workers’ Compensation Law § 220, subdivision 8 (disability benefits law);

   (9) A written and notarized acknowledgment by the applicant and, if different from the applicant, the fee owner of the real property, that the applicant and/or fee owner may be held primarily liable by the City of New York for the removal of all solid waste and any other material from the transfer station;

   (10) A certified copy of the deed, as recorded in the office of the City Register or, in Richmond County, the County Clerk, setting forth a metes and bounds description of the property, and, if applicable, a copy of the lease or sublease or a certified copy of the lease or sublease if such lease or sublease is recorded, for the premises at which the transfer station is located or proposed to be located. The permittee shall notify the Commissioner within ten business days if the ownership of the property has changed or any other conveyance of title has taken place. Any new acknowledgments required pursuant to paragraph (9) of this subsection shall be provided simultaneously;

   (11) A copy of all permits or other authorizations to construct or operate required under local and state laws and regulations, including the New York State Environmental Conservation Law and Title six of the NYCRR or its successor;

   (12) A surety bond or an irrevocable letter of credit in a sum to be determined by the Commissioner of Sanitation. This sum shall not exceed the estimated cost to the Department of the removal of all solid waste and material defined in paragraph (b) of the definition of “solid waste” set forth in 16 RCNY § 4-01, from the transfer station, in the event that such removal becomes necessary and the permittee fails to remove such solid waste and material. A bond shall be executed by the applicant and a surety authorized to conduct business within the State of New York and approved by the Commissioner and, in the case of an irrevocable letter of credit, such letter of credit shall be issued by a financial institution authorized to conduct business within the State of New York. Such bond or letter of credit shall name the Department as obligee. The face amount of the bond or letter of credit shall be based on the size of the transfer station and the volume and nature of the material to be removed. The Commissioner of Sanitation may from time to time review the adequacy of such surety bond or letter of credit and thereafter require an applicant or permittee to obtain an increase in the amount of the bond or irrevocable letter of credit not to exceed the estimated cost of the removal of such solid waste and material. The Commissioner may authorize an applicant to provide other security, including cash, if the Commissioner finds that compliance with the bond or letter of credit requirement is not reasonably possible and the public interest would be served by such authorization. A surety bond issued pursuant to this subsection shall not expire until six months have elapsed after the revocation, surrender, expiration or other termination of the permit;

   (13) The names, addresses, and dates of operation of any solid waste management facility or related businesses, currently or previously owned or operated by the applicant, or any principal of the applicant, such as private carting companies, other types of non-putrescible solid waste transfer stations and putrescible solid waste transfer stations, whether or not located in New York City;

   (14) The applicant’s business address and telephone number. If the applicant is a corporation, the application must (1) state the names and home and business addresses of the principals of the corporation; (2) contain the signature of a corporate officer; (3) have the corporate seal impressed thereon; and (4) include a copy of the New York State Corporation Filing Receipt. If the applicant is a partnership, the application must (1) state the names and home and business addresses of all partners; (2) include a copy of the partnership papers, certified by the county clerk. If the applicant is required to file a certificate pursuant to § 130 of the General Business Law, a certified copy of such certificate shall be submitted to the Department. The applicant shall also submit the names and addresses of all persons or entities, other than a financial institution licensed to do business in the state of New York, to which the applicant is indebted in an amount equal to or greater than three thousand dollars ($3,000). The permittee shall have the continuing duty to inform the Department of Sanitation of any changes in the principals of the business entity owning or operating the transfer station. For purposes of this subsection, “principal” includes, but is not limited to, any director, officer (for example, president, vice-president, secretary, treasurer, board chairman, chief executive officer) or partner of a business entity, and shall include any shareholder (including another business entity) who owns ten percent or more of any class of issued company stock;

   (15) The types of fill material that will be received, processed and stored at the transfer station;

   (16) The total volume of each type of fill material, as well as the total aggregate volume of fill material, to be present at the transfer station at one time; and

   (17) At the request of the Commissioner, the applicant shall supply any additional information that is reasonably necessary to clarify that the transfer station is capable of complying with 16 RCNY § 4-08.

  1. Any initial application for a transfer station permit shall include all documentation required pursuant to this section in one single package. This package shall constitute the transfer station permit application.
  2. A permit to operate a transfer station shall not be issued by the Commissioner unless the applicant has submitted a complete application.
  3. Review of any application submitted pursuant to this section may be suspended or terminated if the transfer station applicant is found to be operating any facility required to be permitted pursuant to § 16-130 of the Administrative Code of the City of New York without a permit therefor or in violation of any such permit.
  4. A permit issued pursuant to this section shall be for a term not to exceed one year, and shall specify the volume of fill material permitted to be received, processed and stored by the transfer station.
  5. The annual fee for a permit issued pursuant to this section shall be seven thousand dollars ($7,000).

§ 4-08 Operation and Maintenance of Fill Material Transfer Stations.

(a)  For the purposes of this section, "transfer station" shall mean a fill material transfer station, unless otherwise specified.
  1. No transfer station shall be operated unless it has obtained a permit pursuant to 16 RCNY § 4-07, and is in compliance with the terms thereof, this section, and any other applicable law, rule or regulation.
  2. Equipment and personnel shall be provided for the safe and sanitary receipt, tipping, sorting, processing, compaction and storage of fill material at the transfer station. Sufficient standby equipment shall be provided to ensure that no storage problem or public nuisance or condition hazardous to public health or safety is created during scheduled or unscheduled equipment maintenance, or equipment breakdown. All transfer station solid waste receipt, tipping, sorting, processing, compaction and storage areas shall include appropriate functioning fire protection equipment and aisle space.
  3. The transfer station shall comply with the appliable performance standards of the Zoning Resolution of the City of New York and the applicable provisions of the New York City Health Code, including but not limited to 24 RCNY Health Code Articles 135 and 141.
  4. A system for the sanitary disposal of sewage and waste water shall be functioning at the transfer station in accordance with the provisions of 24 RCNY Health Code Articles 143 and 145 and all applicable laws and rules governing the discharge of sewage and waste water.
  5. Cross connection control shall be in place to ensure that waste water does not mix with the drinking water at the transfer station.
  6. There shall be sufficient space at the transfer station for transport vehicles to enter and exit safely.
  7. Transport vehicles shall enter and exit the transfer station via lawful truck routes.
  8. There shall be adequate ingress and egress at the transfer station to accommodate emergency vehicles. There shall be adequate space at the transfer station to accommodate emergency vehicles.
  9. There shall be adequate ingress and egress at the transfer station to facilitate the complete inspection of the transfer station. There shall be adequate access provided to all areas of the transfer station to facilitate the complete inspection of the transfer station.
  10. All fill material transferred into and out of the transfer station shall be weighed or measured by volume. Records shall be maintained of such weights or measurements for a period of three years and included in the operational records required by subsection (p) of this section.
  11. Indoor and outdoor areas of the transfer station shall be illuminated during its hours of operation. Such illumination shall not create a nuisance.
  12. A transfer station shall be operated and maintained in a safe and sanitary manner so as to avoid any nuisance or condition hazardous to public health or safety.
  13. All equipment in use at the transfer station shall be maintained in proper working order. Equipment maintenance shall be scheduled and provided on a regular basis. Records of such maintenance shall be included in the operational records required by subsection (p) of this section.
  14. Transfer stations shall be kept free of vectors, including, but not limited to rodents, insects and other pests, and of any condition conducive to vectors. Written confirmation of at least weekly engagement of a certified exterminator shall be available at all times, and shall be included in the operational records required by subsection (p) of this section.
  15. Operational records for the transfer station including, but not limited to, all asset liability and capital and proprietary accounts, operating expenses, administrative expenses, tax returns and equipment expenses shall be maintained for a period of not less than three years. Such records shall also include a clear and legible daily log of the quantity of solid waste received and removed, specifying the point of origin and destination of the solid waste transported daily, as well as the quantity and type of material which has been brought to the transfer station for separation and/or processing. The daily log shall also include the names and addresses of the owner and/or operator of transport vehicles entering or exiting the transfer station. The daily log shall also include the weight or volume of each designated recyclable material separated by the transfer station. Such records shall be maintained on the premises and be readily available for inspection by representatives of the Department. The permittee shall submit to the Department a copy of any report required to be filed with the New York State Department of Environmental Conservation pursuant to 6 NYCRR Part 360. Any such report shall be submitted to the Department at the same time it is submitted to the New York State Department of Environmental Conservation. In addition, the permittee shall submit to the Department quarterly reports that contain the following information, calculated by weight or volume on a monthly basis: the total amount of solid waste received; the origin of the solid waste received; the destination of the solid waste removed, including a listing, by type of material, of any material recovered for recycling, reuse or sale for reuse. Quarterly reports shall be submitted on forms prescribed by or acceptable to the Department. The report for the quarter ending on March 31 shall be due on April 30; the report for the quarter ending on June 30 shall be due on July 30; the report for the quarter ending September 30 shall be due on October 30; and the report for the quarter ending December 31 shall be due on January 30.
  16. Operators of transfer stations that receive materials that are required to be recycled, reused or sold for reuse pursuant to § 16-306 of the Administrative Code of the City of New York and rules promulgated pursuant thereto, shall recycle, reuse or sell for reuse or cause to be recycled, reused or sold for reuse such materials and shall comply with such provisions of the collection rules of the Department, including as of September 30, 1993, 16 RCNY § 1-10(g), as are applicable to such transfer stations.
  17. The presence at a transfer station of any material other than fill material is prohibited.
  18. The transfer station shall not emit odors, including odors of deodorizing materials, so as to violate the performance standards of the Zoning Resolution of the City of New York or the applicable provisions of the Air Pollution Control Code of the Administrative Code of the City of New York or to create a public nuisance.
  19. Fill material shall be received, processed and stored only in the areas specifically designated in the site plan submitted pursuant to paragraph (1) of subsection (b) of 16 RCNY § 4-07. Fill material shall not be permitted to spill beyond areas in which it is permitted by this subchapter and by the site plan and engineering report submitted to the Department of Environmental Conservation pursuant to 6 NYCRR Part 360. Fill material that spills beyond the areas in which it is permitted shall be removed immediately.
  20. The permittee shall be allowed to receive at the transfer station only the specific types of fill material set forth within the permit.
  21. The permittee shall not be allowed to receive, process or store fill material in excess of the maximum allowable volume of fill material set forth within the permit.
  22. Transfer stations shall not be allowed to maintain fill material above the following heights:

   (1) if all receipt, processing and storage of fill material is conducted within a completely enclosed structure at a transfer station, then the maximum pile height of fill material shall be unlimited, except as otherwise provided by state and local law.

   (2) if any receipt, processing or storage of fill material is conducted at an unenclosed area of a transfer station located more than three hunderd (300) feet from a residential zone, then the maximum pile height of fill material shall be forty (40) feet.

   (3) if any receipt, processing or storage of fill material is conducted in an unenclosed area of a transfer station located three hunderd (300) feet or less from a residential zone, then the maximum pile height of fill material shall be eight (8) feet.

      (x) The total volume of fill material shall not exceed the allowable volume as stated in the permit issued pursuant to 16 RCNY § 4-07. The allowable volume of any transfer station shall be calculated by the Department and shall be based on the storage capacity (estimated in total cubic yardage) of the transfer station. In no event shall such allowable volume exceed that granted by the New York State Department of Environmental Conservation.

  1. Opaque fencing shall surround the perimeter of the unenclosed areas of the transfer station. The fencing must be equal to or greater than the following minimum heights: (1) if any receipt, processing or storage of fill material is conducted in an unenclosed area of a transfer station located more than three hundred (300) feet from a residential zone, then the minimum fence height shall be ten (10) feet; and

   (2) if any receipt, processing or storage of fill material is conducted in an unenclosed area of a transfer station located three hundred (300) feet or less from a residential zone, then the minimum fence height shall be fifteen (15) feet.

  1. Equipment used in the operation of the transfer station shall be contained within the property line, and under no circumstances shall such equipment be stored on city streets, or public highways as defined in § 134 of the New York State Vehicle and Traffic Law.

(aa) All drainage systems shall be kept clean, unclogged and functioning and shall be maintained to prevent leachate and wash water from accumulating or flowing onto city streets, or public highways as defined in § 134 of the New York State Vehicle and Traffic Law.

(bb) (1) Noise levels generated by operation of and at the transfer station, including the sound of transport vehicles entering or exiting the facility shall be controlled to prevent sound levels beyond the transfer station property line from exceeding the following Leq decibel (A) weighted energy equivalent ambient sound levels:

Impacted Zones Time of Day  
7 a.m. - 10 p.m. 10 p.m. - 7 a.m.  
R1 - R3 62 decibels 52 decibels
All other residential, commercial, or manufac turing zones 67 decibels 57 decibels

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   (2) If the existing ambient sound level, excluding any contributions from the transfer station, exceeds these limits, the operation of the transfer station shall not cause the Leq sound level to be increased;

   (3) Leq is the equivalent steady-state sound level which contains the same acoustic energy as the time varying sound level during any one-hour period;

   (4) The (A) weighted sound level shall be measured with the slow metering response characteristic of a sound level meter which complies with standards established by the American National Standards Institute specifications for sound level measurement; and

   (5) Mufflers are required on all internal combustion-powered equipment used at the transfer station, and sound levels for such equipment must not exceed 80dB(A) at a distance of fifty feet from the operating equipment; provided that the decibel level beyond the property line of the transer station shall not exceed the decibel levels set forth above.

   (6) Notwithstanding paragraphs (1) through (5) of this subsection, noise generated by back-up warning signals required by the United States Occupational Safety and Health Administration shall not be included in determining whether noise levels comply with this subsection.

  1. A sign, no smaller than four feet by four feet, shall be posted at all entrances to the putrescible solid waste transfer station and shall conspicuously indicate the putrescible solid waste transfer station’s hours of operation, the types of waste it accepts and does not accept, the expiration date of its permits to operate pursuant to § 16-130 of the Administrative Code and 6 NYCRR Part 360, and the Department of Sanitation’s complaint telephone number.

(dd) Doors and gates allowing vehicles to enter or leave the transfer station, including any structure at such station, shall be kept closed except when vehicles are entering or leaving;

(ee) No litter or solid waste shall be allowed to accumulate on the streets or other areas abutting the transfer station.

(ff) Where a transfer station is fully or partially enclosed, exhaust air shall be vented through air filters, dust collectors, and/or other equipment which removes particulate matter and malodorous by-products.

(gg) Gasoline or diesel fuel shall not be used within a fully or partially enclosed transfer station to power any equipment unless means are provided to safely vent exhaust gases.

(hh) No transport vehicle required to be licensed or permitted pursuant to Title twenty of the Administrative Code of the City of New York shall deposit any material at or remove any material from a transfer station unless such transport vehicle is appropriately licensed or permitted.

    1. Entrance into or exit from a transfer station by a transport vehicle shall be permitted only under the supervision of an attendant, and

   (2) The loading or unloading of any transport vehicle shall be continuously supervised by an attendant. The attendant shall not permit the unlawful deposit or removal of any material.

(jj) There shall be no burning of materials at a transfer station.

(kk) The transfer station shall employ effective dust control measures to ensure that dust generation is suppressed at all times.

(ll) No solid waste, construction and demolition debris, fill material, dust or other material shall be tracked from the transfer station site onto a city street, or public highway as defined in section 134 of the New York State Vehicle and Traffic Law.

  1. Within one hundred eighty days of the effective date of the rule that added this sentence, all means of vehicular access into and out of the transfer station shall be surfaced with a material such as asphalt, concrete, 3/4 inch or larger gravel or wood planking, that shall prevent dust generation and prevent the tracking of material from inside the transfer station site onto city streets, or public highways as defined in section 134 of the New York State Vehicle and Traffic Law. Such surfacing shall extend the width of the entrance and exit and at least 20 feet into the transfer station site so that all trucks exiting must drive over this surfaced area before driving onto city streets, or public highways as defined in section 134 of the New York State Vehicle and Traffic Law.

(nn) Within one hundred eighty days of the effective date of the rule that added this sentence, a motor vehicle tire cleaning procedure shall be adopted that shall prevent the tracking of solid waste, dust or other material from the transfer station site onto a city street, or public highway as defined in section 134 of the New York State Vehicle and Traffic Law.

(oo) No stationary equipment at the transfer station that operates outdoors shall cause or permit the emission of an air contaminant of:

   (1) i) A density that appears as dark or darker than number two on the standard smoke chart, or 40% opacity, or of an opacity that obscures vision to a degree equal to or greater than smoke of number two density on the standard smoke chart, or 40% opacity; or

      (ii) A density that appears as dark or darker than number one on the standard smoke chart, or 20% opacity, but less than number two on said chart, or 40% opacity, or of an opacity that obscures vision to a degree equal to or greater than smoke of number one density on the standard smoke chart, or 20% opacity, but less than number two on said chart, or 40% opacity, if such an emission continues for longer than two minutes in the aggregate in any sixty minute period.

   (2) The density or opacity of an air contaminant emitted from stationary equipment that operates outdoors shall be measured at the point of its emission, except that when the point of emission cannot be readily observed, it may be measured at an observable point on the plume nearest the point of emission.

(pp) No stationary equipment or nonroad motor vehicle at the transfer station that operates outdoors shall cause or permit the emission of a visible air contaminant past the transfer station property boundary.

(qq) No nonroad motor vehicle at the transfer station that operates outdoors shall cause or permit the emission of a visible air contaminant while the vehicle is stationary for longer than ten consecutive seconds.

(rr) All stationary equipment and nonroad motor vehicles at the transfer station shall be maintained properly and shall be inspected annually. All stationary equipment and nonroad motor vehicles at the transfer station that operate outdoors shall be inspected annually while in operation by an observer certified in the U.S. EPA Method 9 set forth in Title 40 Code of Federal Regulations Part 60, Appendix A-4 and trained in the U.S. EPA Method 22 set forth in Title 40 Code of Federal Regulations Part 60, Appendix A-7, to ensure the equipment is operating properly to minimize air contaminant emissions, taking into account the model year and design capabilities of the engine. A written record of the inspection and any subsequent corrective measures performed to minimize air contaminant emissions shall be filed with the Department as part of the annual permit renewal application, and shall be included in the operational records required by subsection (p) of 16 RCNY § 4-06.

(ss) The transfer station, its equipment and nonroad motor vehicles shall be subject to inspection at all times during its hours of operation. Interference with Department personnel performing any function or duty is prohibited.

(tt) The Commissioner may grant exemptions from provisions of this section, other than subsections (kk) through (rr) of this section, if he or she determines, after completion of any applicable environmental review, that granting such exemptions would not have a significant adverse effect on the environment, provided that granting such exemptions is not otherwise inconsistent with law. The duration of any such exemption shall not exceed the applicable permit term. granting such exemptions is not otherwise inconsistent with law. The duration of any such exemptions shall not exceed the applicable permit term.

§ 4-09 Severability.

The provisions of this subchapter shall be severable and if any phrase, clause, sentence, paragraph, subsection or section of this subchapter, or the applicability thereof to any person or circumstance, shall be held invalid, the remainder of this subchapter and the application thereof shall not be affected thereby.

Subchapter B: Putrescible Solid Waste Transfer Stations

§ 4-11 Definitions.

When used in this subchapter:

Air contaminant. “Air contaminant” shall mean any particulate matter or any gas or any combination thereof in the open air, other than uncombined water or air.

Diesel engine. “Diesel engine” shall mean an engine that operates on or is capable of operating on diesel fuel.

Equipment. “Equipment” shall mean all implements used in the operation of the putrescible solid waste transfer station, including but not limited to motor-driven machinery.

Gasoline engine. “Gasoline engine” shall mean an engine that operates on or is capable of operating on gasoline fuel.

Intermodal solid waste container facility. “Intermodal solid waste container facility” shall mean a facility or premises served by rail or vessel at which intermodal containers are transferred from transport vehicle to transport vehicle for the purpose of consolidating intermodal containers for shipment by rail or vessel to an authorized disposal or treatment facility, where the contents of each container remain in their closed containers during the transfer between transport vehicles, and storage remains incidental to transport at the location where the containers are consolidated, and that is required to register with the Department of Sanitation pursuant to § 16-130 and § 16-131 of the Administrative Code of the City of New York and Subchapter D of this Chapter.

Non-putrescible solid waste. “Non-putrescible solid waste” shall mean solid waste, whether or not contained in receptacles, that does not contain organic matter having the tendency to decompose with the formation of malodorous by-products, including but not limited to dirt, earth, plaster, concrete, rock, rubble, slag, ashes, waste timber, lumber, plexiglass, fiberglass, ceramic tiles, asphalt, sheetrock, tar paper, tree stumps, wood, window frames, metal, steel, glass, plastic pipes and tubes, rubber hoses and tubes, electric wires and cables, paper and cardboard.

Nonroad motor vehicle. “Nonroad motor vehicle” shall mean equipment that is propelled by a diesel engine or gasoline engine in or upon which a person or material may be transported on the ground and that is used or is located at a transfer station. A nonroad motor vehicle shall include, but not be limited to, front end loaders, backhoes and bulldozers and shall not include cars, trucks or locomotives.

Opacity. “Opacity” shall mean the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.

Particulate matter. “Particulate matter” shall mean any liquid, other than water, or any solid that is or tends to be capable of becoming windblown or being suspended in air.

Person. “Person” shall mean any individual, corporation, partnership, association, firm, trust, estate or any other legal entity whatsoever.

Putrescible solid waste. “Putrescible solid waste” shall mean solid waste containing organic matter having the tendency to decompose with the formation of malodorous by-products.

Putrescible solid waste transfer station. “Putrescible solid waste transfer station” shall mean any structure, building or other premises, whether improved or unimproved, at which any amount of putrescible solid waste is received for the purpose of subsequent transfer to another location, regardless of whether such putrescible solid waste is mixed with non-putrescible solid waste or is subject to any processing or reduction in volume at such structure, building or premises. Facilities permitted or exempt pursuant to 6 NYCRR Subparts 360-3 and 360-5 or their successors and intermodal solid waste container facilities are not putrescible solid waste transfer stations.

Solid waste. “Solid waste” shall mean all putrescible and non-putrescible materials or substances, other than those materials or substances described in paragraph (2) of this definition, that are discarded or rejected, including but not limited to, garbage, refuse, waste collected by any person required to be licensed or permitted pursuant to Chapter one of Title sixteen-A of the Administrative Code of the City of New York, rubbish, tires, ashes, contained gaseous material, incinerator residue, construction and demolition debris, discarded automobiles and offal. Such term shall include recyclable materials, as defined in subsection (i) of § 16-303 of Title sixteen of the Administrative Code of the City of New York.

   (1) A material is discarded or rejected if it is:

      (i) spent, useless, worthless or in excess to the owners at the time of such discard or rejection;

      (ii) disposed of;

      (iii) burned or incinerated, including material burned as a fuel for the purpose of recovering useable energy; or

      (iv) accumulated, stored or physically, chemically or biologically treated (other than burned or incinerated) instead of or before being disposed of.

   (2) The following are not solid waste for the purpose of this section:

      (i) domestic sewage;

      (ii) any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly owned treatment works for treatment, except any material that is introduced into such system in order to avoid the provisions of this Rule, 24 RCNY Health Code Article 157, Title sixteen of the Administrative Code of the City of New York, or of state regulations promulgated to regulate solid waste management facilities; (iii) industrial wastewater discharges that are actual point source discharges subject to permits under Article seventeen of the Environmental Conservation Law; provided that industrial wastewaters while they are being collected, stored or treated before discharge and sludges that are generated by industrial wastewater treatment are solid wastes;

      (iv) irrigation return flows;

      (v) radioactive materials that are source, special nuclear, or by-product material under the Federal Atomic Energy Act of 1954, as amended, 42 U.S.C. §§ 2011 et seq.;

      (vi) materials subject to in-situ mining techniques which are not removed from the ground as part of the extraction process;

      (vii) hazardous waste as defined in § 27-0901 of the Environmental Conservation Law, including material containing hazardous waste; and

      (viii) regulated medical waste as defined in Title fifteen of Article twenty-seven of the New York State Environmental Conservation Law, in Title thirteen of Article thirteen of the New York State Public Health Law or in § 16-120.1 of the Administrative Code of the City of New York or any rules promulgated pursuant to such provisions of law.

Standard smoke chart. “Standard smoke chart” shall mean the Ringelmann chart, as published by the United States bureau of mines, photographically reduced to 1/18th in size for use in the field.

Stationary equipment. “Stationary equipment” shall mean equipment powered by a diesel engine or gasoline engine that will remain stationary during use and that is used or is located at a transfer station. Stationary equipment shall include, but not be limited to, cranes, excavators, crushers, screeners, chippers and shredders.

Transport vehicle. “Transport vehicle” shall mean any motor vehicle, rail car, vessel, or other means of transportation used to deliver solid waste into, or remove solid waste from, a putrescible solid waste transfer station.

U.S. EPA Method 9. “U.S. EPA Method 9” shall mean the United States Environmental Protection Agency method, codified at Title 40 of Federal Regulations Part 60, Appendix A-4, for use by a certified observer to visually determine the opacity of air contaminant emissions from stationary sources.

U.S. EPA Method 22. “U.S. EPA Method 22” shall mean the United States Environmental Protection Agency method, codified at Title 40 Code of Federal Regulations Part 60, Appendix A-7, for use by a trained and knowledgeable observer to visually determine the presence of and amount of time that visible air contaminant emissions occur.

§ 4-12 Compliance with State and Local Law.

Every person who owns, operates, maintains or otherwise controls a putrescible solid waste transfer station regulated by this Rule shall comply fully with the New York State Environmental Conservation Law and rules promulgated thereunder including, but not limited to, Title six of the New York Code, Rules and Regulations (NYCRR) Part 360, and all conditions stated in any permit issued thereunder, Title sixteen of the Administrative Code of the City of New York, Chapters one and two of Title twenty-four of the Administrative Code of the City of New York (Air Pollution and Noise Control), Subchapter three of Chapter one of Title twenty-six and Chapter one of title twenty-seven of the Administrative Code of the City of New York (Building Code), the Zoning Resolution of the City of New York (including, but not limited to, applicable performance standards), and all other applicable local and state laws and rules, including those regarding general transportation and vehicular transport routes.

§ 4-13 Sites and Plans.

(a) All materials submitted to the New York State Department of Environmental Conservation in connection with an application for a putrescible solid waste transfer station permit, pursuant to Title six of the NYCRR Part 360, or any currently applicable rule relating to transfer stations, including but not limited to an application for an initial permit to construct and operate, or an application to modify or renew a permit, shall be submitted to the Department of Sanitation if a permit or application is required pursuant to 16 RCNY § 4-14. Materials submitted to the Department of Sanitation shall include, but not be limited to: the regional plan or map, site plan, and engineering report submitted to the New York State Department of Environmental Conservation. The site plan shall be supplemented by materials indicating the putrescible solid waste transfer station's tax block and lot number, property boundaries, including a metes and bounds description of the property consistent with the deed submitted pursuant to 16 RCNY § 4-14, zoning, borough, and locations of fences, gates, entrances and exits, and parking spaces and truck spaces where vehicles my wait prior to their deposit or removal of solid waste. The engineering report shall be supplemented by materials indicating the location and pathways of all floor drains, including pipes and holding tanks for waste water, and any materials necessary to demonstrate compliance with the performance standards of the applicable section(s) of the Zoning Resolution of the City of New York.
  1. In addition, applications for permits and renewals required pursuant to this subchapter shall include:

   (1) Identification of the specified areas within a putrescible solid waste transfer station for all activities relating to the receipt, tipping, sorting, processing, compaction and storage of solid waste.

   (2) A proposed plan specifying all lawful routes for all transport vehicles transporting solid waste into and out of the putrescible solid waste transfer station which shall include:

      (i) a map describing not less than one square mile of the area surrounding the proposed putrescible solid waste transfer station, clearly marking the routes where transport vehicles will be transporting solid waste into and out of the putrescible solid waste transfer station, and connecting roadways permitted to be used by transporting trucks; and

      (ii) the estimated number and type of transport vehicles to be used, and the daily, weekly and monthly number of vehicle arrivals and departures at the putrescible solid waste transfer station.

   (3) A blueprint or drawing, submitted and certified by a professional engineer, describing ventilation equipment, including equipment location, capacity, manufacturer and date of installation, provided that current permit holders shall submit such blueprint or drawing within thirty days of the effective date of this Rule.

  1. All site plans submitted pursuant to this section shall meet all design requirements specified in 16 RCNY § 4-16.
  2. The Department my request any additional information that is reasonably necessary to ensure that the putrescible solid waste transfer station complies with these Rules.

§ 4-14 Permits.

(a)  No person shall operate a putrescible solid waste transfer station without a permit issued by the Commissioner of Sanitation. No permit is required, however, for a putrescible solid waste transfer station operated by the Department. Review of any application for a Department of Sanitation putrescible solid waste transfer station permit may be suspended or terminated if the putrescible solid waste transfer station applicant is found to be operating any facility required to be permitted pursuant to § 16-130 of the Administrative Code of the City of New York without a permit therefor or in violation of any such permit. The term of a putrescible solid waste transfer station permit shall not exceed one year. The annual fee for such permit shall be thirteen thousand dollars ($13,000).
  1. A permit to operate a putrescible solid waste transfer station shall not be issued by the Commissioner unless the applicant has submitted the materials required by 16 RCNY § 4-13, has conformed to the design and equipment requirements contained in 16 RCNY § 4-16 and has submitted to the Department the following:

   (1) A certified copy of a Certificate of Occupancy or, where applicable, a temporary Certificate of Occupancy, from the Department of Buildings of the City of New York, indicating the applicable Use Group pursuant to the Zoning Resolution of the City of New York and, if applicable, a copy of a written variance for the zoning lot from the Board of Standards and Appeals or any successor agency; and/or a copy of a certification or authorization of the Department of Small Business Services of the city of New York;

   (2) A certification from a title insurance corporation, as such corporation is defined in § 6401 of the Insurance Law, or from a duly authorized agent thereof, establishing the ownership of the property upon which the putrescible solid waste transfer station is sited or proposed to be sited;

   (3) Documentary evidence as may be appropriate to show that all penalties, including those of the Environmental Control Board, imposed upon the applicant, the property owner, and any other person in control of or having an interest in the putrescible solid waste transfer station operation, for violations of 24 RCNY Health Code Article 157, or Title sixteen, Title seventeen, Chapter one of Title sixteen-A, Chapter one of Title twenty-six and Title twenty-seven of the Administrative Code of the City of New York, or rules promulgated thereunder, that relate to the ownership or operation of a putrescible solid waste transfer station, non-putrescible solid waste transfer station, dump or fill material operation, have been paid or otherwise satisfied;

   (4) Proof of workers’ compensation coverage, or that the applicant is exempt from Workers’ Compensation Law § 57, and proof of disability benefits coverage, or that the applicant is exempt from Workers’ Compensation Law § 220, Subdivision 8 (disability benefits law);

   (5) A written and notarized acknowledgement by the applicant and, if different from the applicant, the fee owner of the real property, that the applicant and/or fee owner may be held primarily liable for the removal of all solid waste and any other material from the putrescible solid waste transfer station;

   (6) A certified copy of the deed, as recorded in the office of the City Register or, in Richmond County, the County Clerk, setting forth a metes and bounds description of the property, and, if applicable, a copy of the lease or sublease or a certified copy of the lease or sublease if such lease or sublease is recorded, for the premises at which the putrescible solid waste transfer station is proposed to be located. The Permittee shall notify the Commissioner within ten business days if the ownership of the property has changed or any other conveyance of title has taken place. Any new acknowledgements required pursuant to paragraph (5) of this subsection shall be provided simultaneously; (7) A copy of all permits or other authorizations to construct or operate required under local and state laws and regulations, including the New York State Environmental Conservation Law and Title six of the NYCRR or its successor, or currently applicable regulations relating to transfer stations;

   (8) A surety bond or an irrevocable letter of credit in a sum to be determined by the Commissioner of Sanitation. This sum shall not exceed the estimated cost to the Department of the removal of all solid waste and material defined in paragraph (2) of the definition of “solid waste” in 16 RCNY § 4-11 from the putrescible solid waste transfer station in the event that such removal becomes necessary and the permittee fails to remove such solid waste and material. A bond shall be executed by the applicant and a surety authorized to conduct business within the State of New York and approved by the Commissioner and, in the case of an irrevocable letter of credit, such letter of credit shall be issued by a financial institution authorized to conduct business within the State of New York. Such bond or letter of credit shall name the Department as obligee. The face amount of the bond or letter of credit shall be based on the size of the transfer station and the volume and nature of the material to be removed. The Commissioner of Sanitation may from time to time review the adequacy of such surety bond or letter of credit and thereafter require an applicant or permittee to obtain an increase in the amount of the bond or irrevocable letter of credit not to exceed the estimated cost of the removal of such solid waste and material. The Commissioner may authorize an applicant to provide other security, including cash, if the Commissioner finds that compliance with the bond or letter of credit requirement is not reasonably possible and the public interest would be served by such authorization. A surety bond issued pursuant to this subparagraph shall not expire until six months have elapsed after the revocation, surrender, expiration or other termination of the permit;

   (9) A written plan for the control of noise levels, as specified in 16 RCNY § 4-17;

   (10) A written plan for the control of vibrations, to ensure compliance with the applicable performance standards of the Zoning Resolution of the City of New York;

   (11) A written plan by a professional engineer for the control of odors. The plan shall list all the odor-neutralizing agents that are used or will be used and the method of application;

   (12) The names, addresses, and dates of operation of any solid waste management facility or related businesses, currently or previously owned or operated by the applicant, or any principal of the applicant, such as private carting companies and non-putrescible solid waste transfer stations, whether or not located in New York city;

   (13) The applicant shall provide his/her/its business address and phone number. If the applicant is a corporation, the application must

      (i) state the names and home and business addresses of the principals of the corporation;

      (ii) contain the signature of a corporate officer;

      (iii) have the corporate seal impressed thereon; and

      (iv) include a copy of the New York State Corporation Filing Receipt. If the applicant is a partnership, the application must

      (i) state the names and home and business addresses of all partners;

      (ii) include a copy of the partnership papers, certified by the County Clerk. If the applicant is required to file a certificate pursuant to § 130 of the General Business Law, a certified copy of such certificate shall be submitted to the Department. The applicant shall also submit the names and addresses of all persons or entities, other than a financial institution licensed to do business in the State of New York, to which the applicant is indebted in an amount equal to or greater than three thousand dollars ($3,000). The Permittee shall have the continuing duty to inform the Department of Sanitation of any changes in the principals of the business entity owning or operating the putrescible solid waste transfer station. For purposes of this subparagraph, “principal” includes, but is not limited to, any director, officer (for example, president, vice-president, secretary, treasurer, board chairman, chief executive officer) or partner of a business entity, and shall include any shareholder (including another business entity) who owns ten percent or more of any class of issued company stock;

   (14) Written confirmation of accessibility to an alternative site holding a permit under this Rule or 24 RCNY Health Code Article 157 and capable of receiving and processing putrescible solid waste as required by subsection (d) of 16 RCNY § 4-17. Such confirmation shall be signed by the operator of the alternative site and shall be updated or reconfirmed as necessary.

  1. Any permit issued to a putrescible solid waste transfer station by the Commissioner of the New York City Department of Health pursuant to 24 RCNY Health Code Article 157 prior to the effective date of this Rule shall remain in full force and effect on and after such date, unless suspended or revoked by the Commissioner of Health prior to such date, and shall, on and after the effective date of this subchapter, be deemed to constitute a permit issued by the Department of Sanitation, provided that the holder of such permit files an application for a new permit with the Sanitation Commissioner within thirty days after the effective date of this subchapter. On and after the effective date of this subchapter, the Sanitation Commissioner may suspend or revoke such permit pursuant to law, issue a new permit or deny the application for a new permit. If the holder of such permit fails to file an application for a new permit with the Sanitation Commissioner within thirty days after the effective date of this subchapter, such permit issued by the Health Commissioner shall be null and void and be of no further effect. The fee for any putrescible solid waste transfer station permit issued by the Sanitation Commissioner pursuant to § 16-130 of the Administrative Code of the City of New York to a person who holds a permit issued by the Health Commissioner pursuant to 24 RCNY Health Code Article 157 shall be reduced by an amount which is equal to the permit fee paid to the Department of Health prorated to the unexpired portion of the license term.
  2. Any initial application for a putrescible solid waste transfer station permit or renewal thereof shall include all documentation required pursuant to this section in one single package, regardless of whether any required documentation has previously been submitted to the Department of Sanitation. This package shall constitute the putrescible solid waste transfer station permit application. If the application is incomplete, the application shall be returned to the applicant and the application shall be deemed withdrawn.

§ 4-15 Suspension or Revocation.

(a)  Notwithstanding any provisions of the permit to the contrary, the Department of Sanitation specifically reserves the right to suspend such permit temporarily or to revoke it permanently after notice and hearing as provided in this section when the Commissioner or his/her designee has found that the holder of such permit (the "permittee") has violated the terms of this Chapter or of the applicable sections of the Administrative Code or the Environmental Conservation Law or has violated any other applicable permit condition, law or rule.
    1.  Notice shall be given to the permittee within a reasonable time prior to the hearing may, as provided in Chapter 10 of this Title, in the discretion of the Commissioner, be held before a hearing officer designated by the Commissioner or before an administrative law judge employed by the Office of Administrative Trials and Hearings (OATH). Such notice shall include:

      (i) the date, time and place of the hearing;

      (ii) the legal authority and jurisdiction under which the hearing is to be held, including reference to the particular sections of the laws and/or rules involved;

      (iii) a plain statement of the matters to be adjudicated, including reference to the particular sections of the permit conditions, laws and/or rules involved; and

      (iv) a statement advising the permittee of the option of an alternative dispute resolution proceeding (“ADP”) pursuant to subdivision (c) of this section, except where the Commissioner has determined, pursuant to paragraph (4) of such subdivision, that such option shall be unavailable.

   (2) Any recommended decision, final decision, determination or order issued pursuant to this section shall be communicated in writing to the permittee, or stated in the record if the permittee is present, and shall include findings of fact, conclusions of law and penalties to be assessed, if any. A copy of the final decision, determination or order shall be delivered or mailed promptly to the permittee.

   (3) If the Commissioner finds in the final decision, determination or order that the permittee has violated any applicable permit condition, law or rule, the permit may be suspended or revoked. A decision to suspend or revoke may also include a direction to the permittee to take such remedial action as may be necessary to cure such violation.

   (4) Where a permit issued pursuant to this subchapter is suspended pursuant to this section, the permittee shall demonstrate that the putrescible solid waste transfer station has been brought into compliance with the applicable permit conditions, laws or rules before the suspension may be lifted.

  1. The Commissioner or his/her designee may advise the permittee of the option of an ADP, once proper notice has been given, in lieu of the formal administrative proceeding established in subdivision (b) of this section.

   (1) An ADP shall consist of a meeting between the permittee and the Commissioner’s representative, wherein the permittee may offer a refutation, explanation, excuse or justification relative to the alleged violation. An ADP shall be informal and non-adversarial. However, the permittee shall be permitted to have representation at the ADP.

   (2) The Commissioner’s representative shall be empowered to make all final findings and determinations in an ADP. The penalty to be assessed, if any, may include a suspension of the permit and/or a direction to the permittee to take any remedial action necessary to cure a violation.

   (3) By voluntarily choosing an ADP, the permittee shall be deemed to have waived the right to the formal administrative proceeding set forth in subdivision (b) of this section, unless the permittee, within two business days of delivery of the final determination by the Commissioner’s representative, notifies the Commissioner in writing that he or she elected to pursue an administrative proceeding pursuant to subdivision b of this section.

   (4) The Commissioner may in his or her discretion determine that an ADP shall be unavailable to a permittee where the alleged violation creates a condition that may be hazardous to the public health or safety. In determining the availability of an ADP, the Commissioner shall consider:

      (i) the quantity of solid waste, or of material listed in paragraph (2) of the definition of “solid waste” set forth in 16 RCNY § 4-11, that may create a condition hazardous to the public health or safety;

      (ii) the types of solid waste, or of material listed in such paragraph, that may create such a condition; and/or

      (iii) the risk of harm to the public or the environment. In addition, the Commissioner may in his or her discretion determine that an ADP shall be unavailable to a permittee where the permittee has been found on two or more occasions to have committed a violation of any applicable permit condition, law or rule in any formal administrative proceeding or in any informal proceeding (with respect to which the permittee has waived its right to a formal administrative proceeding) provided for by this section, where such violations were committed within twelve months preceding the date of the alleged violation.

§ 4-16 Design Requirements and Equipment.

(a)  The area provided for the receipt of solid waste at the putrescible solid waste transfer station, pursuant to subparagraph (1) of subsection (b) of 16 RCNY § 4-13, shall conform to the area specified in the initial permit or renewal application. The area for all activities relating to the receipt, tipping, sorting, processing, compaction and storage of solid waste shall be wholly within a fully enclosed structure. In addition, the entire floor area shall be constructed of concrete, asphalt or any impervious material and shall be equipped with adequate drainage structures as required pursuant to subsection (e) of this section. The portion of such floor used for unloading and loading purposes shall be clearly marked.
  1. Ventilation, Dust and Odor Control.

   (1) Ventilation shall be provided in such structures in adequate capacity and proper location for ensuring compliance with 24 RCNY Health Code § 135.07 and all applicable laws and rules, including the Zoning Resolution of the City of New York. Exhaust air shall be vented through air filters and/or dust collectors and other equipment necessary to remove particulate matter and malodorous by-products. Gasoline or diesel fuel shall not be used within the enclosed structure to power any equipment unless means are provided to safely vent the exhaust gases. All filters and equipment shall be maintained in proper working order.

   (2) Transfer station ventilation equipment shall be capable of maintaining negative air pressure, including during periods when the transfer station doors are open, that is sufficient to prevent the escape of malodorous air from the transfer station. Such ventilation equipment shall be capable of maintaining a minimum of six air changes per hour (“ach”). Transfer station ventilation equipment shall be capable of maintaining greater than six air changes per hour if necessary to maintain negative air pressure.

   (3) Odor control equipment shall automatically neutralize odors in exhaust air as it is ventilated from the enclosed building. The odor control equipment shall include a permanent hard-piped high-pressure system, suspended above the facility’s tipping floor with rings of mist nozzles strategically aimed at fans and exhaust vents. The odor-neutralizing agent shall be applied as a mist in the vicinity of exhaust points from the building. A scented masking agent is not an odor-neutralizing agent.

   (4) Notwithstanding paragraphs (2) and (3) of this subsection, the commissioner may authorize the use of alternative ventilation, dust and odor control equipment upon a showing that such equipment is no less effective than the measures set forth in paragraphs (2) and (3) of this subsection in controlling odors from the transfer station to meet all applicable standards.

   (5) Within one hundred eighty days of the effective date of the rule that added this sentence, an automatic water-misting system to suppress dust generation within the transfer station shall be installed and fully operational. At a minimum, such system shall be capable of pumping water through piping to high-pressure mist nozzles that will atomize the water and produce a fine mist that will automatically be dispersed at timed intervals sufficient to suppress dust generation.

   (6) Within ninety days of the effective date of the rule that added this sentence, the transfer station shall submit to the Department detailed plans for implementation of the requirements of paragraphs (1) through (5) of this subsection, certified by a licensed architect or professional engineer. Within one hundred eighty days of the effective date of the rule that added this sentence, the transfer station shall have contracted with a company to purchase all necessary equipment and supplies and install the ventilation, dust and odor control equipment. Within one year of the effective date of the rule that added this sentence, the required ventilation, dust and odor control equipment shall be installed and fully operational.

   (7) Documentation verifying compliance with paragraphs (1) through (5) of this subsection, including as-built drawings of the ventilation, dust and odor control equipment and the type of the odor-neutralizing agent to be used, and a letter of completion issued by the New York City Department of Buildings, shall be filed with the Department within ninety days of installation completion and as part of the annual transfer station permit renewal application.

  1. Sufficient equipment and personnel shall be provided for receipt, tipping, sorting, processing, compaction and storage of solid waste at the putrescible solid waste transfer station. Sufficient standby equipment shall be provided to ensure that no solid waste storage problem or public nuisance or condition hazardous to public health or safety is created during scheduled or unscheduled equipment maintenance, or equipment breakdown. All transfer station debris storage, processing, handling and tipping areas shall include appropriate fire detection and protection equipment.
  2. Sufficient equipment shall be provided to handle the solid waste in a safe and sanitary manner.
  3. A system for the sanitary disposal of sewage and waste water shall be installed in a putrescible solid waste transfer station in accordance with the provisions of 24 RCNY Health Code Articles 143 and 145 and all applicable laws and rules governing the discharge of waste and waste water, including those enforced by the New York City Department of Environmental Protection and the New York State Department of Environmental Conservation. Drinking water shall be provided in accordance with the provisions of 24 RCNY Health Code Article 141. Putrescible solid waste transfer stations shall also be in compliance with applicable provisions of 24 RCNY Health Code Article 135 (pertaining to commercial premises). All putrescible solid waste transfer stations shall make provisions for cross connection control to ensure that waste water does not mix with the drinking water supply.
  4. Pest control measures shall be specified and shall be adopted in the design of a putrescible solid waste transfer station pursuant to 24 RCNY Health Code Article 151.
  5. All solid waste transferred into and out of the putrescible solid waste transfer station shall be weighed, and measured by volume. Records shall be maintained of such weights and measurements for a period of three years and included in operational records required by subsection (f) of 16 RCNY § 4-17.
  6. Indoor and outdoor areas of the transfer station shall be illuminated in order to provide for the safe operation of the transfer station. Such illumination shall not create a nuisance.
  7. Noise levels generated in the operation of a putrescible solid waste transfer station shall not exceed the standards in 16 RCNY § 4-17. The sound of vehicles entering or leaving the putrescible solid waste transfer station shall be included, except that back-up warning signals required by the United States Occupational Safety and Health Administration shall not be included.
  8. The Commissioner may grant a variance from one or more provisions of this section, other than subsection (a) of this section, if he or she determines, after completion of any applicable environmental review, that granting such variance would not have a significant adverse effect on the environment, provided that granting such variance is not otherwise inconsistent with law.

§ 4-17 Operation and Maintenance of Putrescible Solid Waste Transfer Stations.

(a) (1)  No putrescible solid waste transfer station shall be operated unless it has obtained a permit pursuant to 16 RCNY § 4-14, and is in compliance with the terms thereof, this section, and any other applicable law, rule or regulation.

   (2) A putrescible solid waste transfer station shall be operated and maintained in a safe and sanitary manner so as to avoid any nuisance or condition hazardous to public health or safety.

   (3) The putrescible solid waste transfer station shall be operated and maintained in a manner consistent with the site plan submitted to the Department.

   (4) The putrescible solid waste transfer station shall be operated and maintained in a manner consistent with the engineer’s report submitted to the Department.

  1. The Permittee shall prohibit any transport vehicle required to be licensed or permitted pursuant to Title twenty of the Administrative Code from depositing solid waste at or removing solid waste from the putrescible solid waste transfer station, unless such transport vehicle is appropriately licensed or permitted. Entrance into or exit from a putrescible solid waste transfer station by a transport vehicle shall be permitted only when an attendant is on duty. The loading or unloading of any transport vehicle shall be continuously supervised by an attendant to avoid unauthorized deposit or removal of solid waste and injury to persons in such station.
  2. The Permittee shall regularly schedule and provide maintenance of equipment. Records of such maintenance shall be included in operational records required by subsection (f) of this section.
  3. In the event that the putrescible solid waste transfer station is unable, for any reason, to receive solid waste or process solid waste previously received, an alternative site, designated pursuant to subparagraph (14) of subsection (b) of 16 RCNY § 4-14, shall be used to receive and process such solid waste. The Permittee shall notify the Department immediately of its use of an alternative site.
  4. Putrescible solid waste transfer stations shall be kept free of vectors, including, but not limited to, rodents, insects and other pests and of any condition conducive to vectors. Written confirmation of at least weekly engagement of a certified exterminator shall be available at all times, and shall be included in operational records required by subsection (f) of this section.
    1. The Permittee shall maintain operational records including, but not limited to, all asset liability and capital and proprietary accounts, operating expenses, administrative expenses, tax returns and equipment expenses. Such records shall also include a clear and legible daily log of the quantity of solid waste received and removed, specifying the point of origin and destination of the solid waste transported daily, as well as the quantity and type of material which has been brought to the putrescible solid waste transfer station for separation and/or processing. The daily log shall also include the names and addresses of the owner and/or operator of transport vehicles entering or exiting the transfer station. Such records shall be maintained on the premises and be readily available for inspection by representatives of the Department. An annual report shall be provided to the Department with any application for renewal of any permit required under these Rules. This report shall contain the daily weight and volume of solid waste received, according to type, daily point of origin of the solid waste, daily destination of the solid waste, daily weight and volume and type of material recovered, any changes in operation that have occurred during the previous year, and all other information specified to be included by this subchapter, including that required by subsections (c) and (e) of this section, and paragraph ii of this subsection. The Permittee shall submit to the Department a copy of any annual or quarterly report required to be filed with the New York State Department of Environmental Conservation pursuant to 6 NYCRR Part 360.

   (2) A permittee that is authorized by the New York state department of environmental conservation to receive source separated organic waste and that receives such waste in accordance with subdivision d of section 16-306.1 of the administrative code and rules promulgated pursuant thereto, and that is not authorized to process organic waste at its own facility, shall deliver such organic waste or have such organic waste delivered directly to an organic waste processing facility, excluding waste that cannot be processed at an organic waste processing facility. Unless the permittee is authorized to process organic waste at its own facility, the permittee shall enter into a written agreement with an organics processing facility, or other transfer facility, at which organic waste will be received. A copy of such written agreement shall be available to the Department for inspection upon request. Operators of putrescible solid waste transfer stations that receive organic waste shall maintain the separation of organic waste before its transfer to another location. A permittee that receives source separated organic waste shall include in the quarterly reports submitted to the Department pursuant to paragraph (i) of this subsection the following information, calculated on a monthly basis by weight or volume: the total amount of organic waste received; the origin of such organic waste; and the destination facility of the organic waste removed, together with the name of the owner of such facility and his or her business contact information. Such quarterly reports shall be submitted on forms prescribed by or acceptable to the Department. The report for the quarter ending on March 31 shall be due on April 30; the report for the quarter ending on June 30 shall be due on July 30; the report for the quarter ending September 30 shall be due on October 30; and the report for the quarter ending December 31 shall be due on January 30.

  1. The presence at a putrescible solid waste transfer station of solid waste containing asbestos or of material defined in paragraph (2) of the definition of “solid waste” set forth in 16 RCNY § 4-11 is prohibited.
  2. All putrescible solid waste received at a putrescible solid waste transfer station, including putrescible solid waste which has been baled or loaded into transport vehicles, shall be removed within forty-eight hours of its receipt. Only non-putrescible solid waste, and putrescible solid waste which has been baled or loaded into a transport vehicle, may be stored off the tipping area of a putrescible solid waste transfer station.
  3. The tipping area of all putrescible solid waste transfer stations shall be free of solid waste for a thirty-minute period each day during its hours of operation and shall have been thoroughly cleaned, swept, washed and deodorized immediately prior to such period. The Permittee may choose such period and such period shall be set forth in the permit as a permit condition.
  4. Odors shall not be emitted so as to violate the performance standards of the Zoning Resolution of the City of New York or the applicable provisions of the Air Pollution Control Code of the Administrative Code of the City of New York or to create a public nuisance. Odor control measures required in subsection (b) of 16 RCNY § 4-16 shall be fully operational and shall effectively neutralize odor.
  5. Solid waste shall be received, processed, compacted and stored only in the areas specifically designated pursuant to subparagraph (1) of subsection (b) of 16 RCNY § 4-13. Solid waste shall not be permitted to spill beyond areas in which it is permitted by this Rule and by the site plan and engineering report submitted to the Department of Environmental Conservation pursuant to 6 NYCRR Part 360. Any solid waste which spills beyond the areas in which it is permitted shall be removed immediately.
  6. Equipment used in the operation of the putrescible solid waste transfer station shall be contained within the property line, and under no circumstances shall such equipment be stored on city streets, or public highways as defined in § 134 of the New York State Vehicle and Traffic Law.
  7. All drainage systems, including but not limited to trench drains in the floor drain system, and grit and grease traps, shall be kept clean, unclogged and functioning. In no case shall any leachate or wash water be permitted to accumulate on the floor or flow onto city streets, or public highways as defined in § 134 of the New York State Vehicle and Traffic Law.
  8. Noise levels generated by operation of and at the putrescible solid waste transfer station must be controlled to prevent sound levels beyond the putrescible solid waste transfer station property line from exceeding the following Leq decibel (A) weighted energy equivalent ambient sound levels:
Impacted Zones Time of Day  
7 a.m. - 10 p.m. 10 p.m. - 7 a.m.  
R1 - R3 62 decibels 52 decibels
All other residential, commercial, or manufac turing zones 67 decibels 57 decibels

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   (1) If the existing ambient sound level, excluding any contributions from the putrescible solid waste transfer station, exceeds these limits, the operation of the putrescible solid waste transfer station must not cause the Leq sound level to be increased;

   (2) Leq is the equivalent steady-state sound level which contains the same acoustic energy as the time varying sound level during any one-hour period exceeded no more than ten percent of the time;

   (3) The (A) weighted sound level shall be measured with the slow metering response characteristic of a sound level meter which complies with standards established by the American National Standards Institute specifications for sound level measurement; and

   (4) Mufflers are required on all internal combustion-powered equipment used at the putrescible solid waste transfer station, and sound levels for such equipment must not exceed 80dB(A) at a distance of fifty feet from the operating equipment; provided that the decibel level beyond the property line of the putrescible solid waste transfer station shall not exceed the decibel levels set forth above.

  1. A sign, no smaller than four feet by four feet, shall be posted at all entrances to the putrescible solid waste transfer station and shall conspicuously indicate the putrescible solid waste transfer station’s hours of operation, the types of waste it accepts and does not accept, the expiration date of its permits to operate pursuant to § 16-130 of the Administrative Code and 6 NYCRR Part 360, and the Department of Sanitation’s complaint telephone number.
  2. Doors allowing vehicles to enter or leave the putrescible solid waste transfer station, including any structure at such station, shall be kept closed except when vehicles are entering or leaving;
  3. The Permittee shall prevent litter or solid waste from accumulating on the streets or other areas abutting the putrescible solid waste transfer station.
  4. The total volume of solid waste, including solid waste that has been processed, at a transfer station shall not exceed the allowable volume as stated in the permit issued pursuant to 16 RCNY § 4-14. The allowable volume at any transfer station shall be calculated by the Department and shall be based on the storage capacity (estimated in total cubic yardage) of the transfer station. In no event shall such allowable volume exceed that granted by the New York State Department of Environmental Conservation.
  5. The transfer station shall employ effective dust control measures to ensure that dust generation is suppressed at all times.
  6. No solid waste, construction and demolition debris, fill material, dust or other material shall be tracked from the transfer station site onto a city street, or public highway as defined in § 134 of the New York State Vehicle and Traffic Law.
  7. Within one hundred eighty days of the effective date of the rule that added this sentence, a motor vehicle tire cleaning procedure shall be adopted that shall prevent the tracking of solid waste, dust or other material from the transfer station site onto a city street, or public highway as defined in § 134 of the New York State Vehicle and Traffic Law.
  8. No stationary equipment at the transfer station that operates outdoors shall cause or permit the emission of an air contaminant of:

   (1) i) A density that appears as dark or darker than number two on the standard smoke chart, or 40% opacity, or of an opacity that obscures vision to a degree equal to or greater than smoke of number two density on the standard smoke chart, or 40% opacity; or

      (ii) A density that appears as dark or darker than number one on the standard smoke chart, or 20% opacity, but less than number two on said chart, or 40% opacity, or of an opacity that obscures vision to a degree equal to or greater than smoke of number one density on the standard smoke chart, or 20% opacity, but less than number two on said chart, or 40% opacity, if such an emission continues for longer than two minutes in the aggregate in any sixty minute period.

   (2) The density or opacity of an air contaminant emitted from stationary equipment that operates outdoors shall be measured at the point of its emission, except that when the point of emission cannot be readily observed, it may be measured at an observable point on the plume nearest the point of emission.

  1. No stationary equipment or nonroad motor vehicle at the transfer station that operates outdoors shall cause or permit the emission of a visible air contaminant past the transfer station property boundary.
  2. No nonroad motor vehicle at the transfer station that operates outdoors shall cause or permit the emission of a visible air contaminant while the vehicle is stationary for longer than ten consecutive seconds.
  3. All stationary equipment and nonroad motor vehicles at the transfer station shall be maintained properly and shall be inspected annually. All stationary equipment and nonroad motor vehicles at the transfer station that operate outdoors shall be inspected annually while in operation by an observer certified in the U.S. EPA Method 9 set forth in Title 40 Code of Federal Regulations Part 60, Appendix A-4 and trained in the U.S. EPA Method 22 set forth in Title 40 Code of Federal Regulations Part 60, Appendix A-7, to ensure the equipment is operating properly to minimize air contaminant emissions, taking into account the model year and design capabilities of the engine. A written record of the inspection and any subsequent corrective measures performed to minimize air contaminant emissions shall be filed with the Department as part of the annual permit renewal application, and shall be included in the operational records required by subsection (f) of 16 RCNY § 4-17.
  4. The transfer station, its equipment and nonroad motor vehicles shall be subject to inspection at all times during its hours of operation. Interference with Department personnel performing any function or duty is prohibited.

(aa) Any putrescible solid waste transfer station permit issued pursuant to this subchapter shall be conditioned upon compliance with any rules regarding the siting and hours of operation of putrescible solid waste transfer stations set forth in subchapter C of this chapter.

(bb) The Commissioner may grant a variance from one or more provisions of this section, other than subsections (m), (j) and (s) through (y) of this section, if he or she determines, after completion of any applicable environmental review, that granting such variance would not have a significant adverse effect on the environment, provided that granting such variance is not otherwise inconsistent with law.

§ 4-18 Severability.

The provisions of this subchapter shall be severable and if any phrase, clause, sentence, paragraph, subsection or section of this subchapter, or the applicability thereof to any person or circumstance, shall be held invalid, the remainder of this subchapter and the application thereof shall not be affected thereby.

Subchapter C: Siting, Hours of Operation, Engineering Reports and Transportation Plans For Solid Waste Transfer Stations

§ 4-31 Definitions.

When used in this subchapter:

Administrative Code. “Administrative Code” shall mean the Administrative Code of the City of New York.

Commissioner. “Commissioner” shall mean the Commissioner of Sanitation or his/her representative.

Department. “Department” shall mean the Department of Sanitation.

Hospital. “Hospital” shall mean a facility or institution engaged in providing medical or medical and surgical services primarily to in-patients by or under the supervision of a physician on a twenty-four hour basis with provisions for admission or treatment of persons in need of emergency care and with an organized medical staff and nursing service, including facilities providing services relating to particular diseases, injuries, conditions or deformities. This term shall not include a public health center, diagnostic center, treatment center, out-patient lodge, dispensary and laboratory or central service facility serving more than one institution.

Intermodal solid waste container facility. “Intermodal solid waste container facility” shall mean a facility or premises served by rail or vessel at which intermodal containers are transferred from transport vehicle to transport vehicle for the purpose of consolidating intermodal containers for shipment by rail or vessel to an authorized disposal or treatment facility, where the contents of each container remain in their closed containers during the transfer between transport vehicles, and storage remains incidental to transport at the location where the containers are consolidated, and that is required to register with the Department of Sanitation pursuant to §§ 16-130 and 16-131 of the Administrative Code of the City of New York and subchapter D of Chapter 4 of the Title 16 of the Rules of the City of New York.

Lawfully operating. “Lawfully operating” shall mean operating pursuant to written authorization by the Department of Sanitation, including, but not limited to, a putrescible or non-putrescible solid waste transfer station permit, temporary permit or conditional permit, a consent order, or a compliance agreement.

M1 district. “M1 district” shall mean any manufacturing district designated as M1 in the Zoning Resolution.

M2 district. “M2 district” shall mean any manufacturing district designated as M2 in the Zoning Resolution.

M3 district. “M3 district” shall mean any manufacturing district designated as M3 in the Zoning Resolution.

Non-putrescible solid waste transfer station. “Non-putrescible solid waste transfer station” shall mean any solid waste management facility required to obtain a permit from the Department of Sanitation pursuant to §§ 16-130 and 16-131 of the Administrative Code of the City of New York and subchapter A of chapter 4 of title 16 of the Rules of the City of New York. Such term shall include construction and demolition debris and fill material transfer stations.

Public park. “Public park” shall mean any publicly-owned park, playground, beach, parkway, or roadway within the jurisdiction and control of the Commissioner of Parks and Recreation of the City of New York, except for Bronx River Parkway lands abutting an active railroad line and Park strips or malls in a street the roadways of which are not within the jurisdiction and control of the Commissioner of Parks and Recreation, or any publicly-owned park or beach within the jurisdiction and control of the federal or New York State government.

Putrescible solid waste transfer station. “Putrescible solid waste transfer station” shall mean any solid waste management facility required to obtain a permit from the Department of Sanitation pursuant to §§ 16-130 and 16-131 of the Administrative Code of the City of New York and subchapter B of 16 RCNY Chapter 4.

Residential district. “Residential district” shall mean a residence district, as such term is defined in the Zoning Resolution but shall not include land used as a cemetery.

School. “School” shall mean:

   (a) an institution providing full-time day instruction and a course of study that meets the requirements of §§ 3204, 3205, and 3210 of the New York State Education Law; or

   (b) a nursery school or kindergarten:

      (1) whose annual session does not exceed the school session for full-time day schools prescribed in § 3204 of the New York State Education Law; and

      (2) which is operated by the Board of Education, any established religious organization as part of an elementary school, or under a permit issued pursuant to 24 RCNY Health Code § 47.05.

Site boundary. “Site boundary” shall mean the property boundaries of a transfer station as identified in the site plan filed with the Department.

Transfer Station. “Transfer Station” shall mean any Putrescible solid waste transfer station or Non-putrescible solid waste transfer station.

Zoning Resolution. “Zoning Resolution” shall mean the Zoning Resolution of the City of New York.

§ 4-32 Siting Requirements.

(a)  General provisions.

   (1) All transfer stations and intermodal solid waste container facilities shall be sited in accordance with the applicable provisions of the Zoning Resolution or as authorized by a variance granted by the New York City Board of Standards and Appeals.

   (2) All buffer distance requirements specified in subdivision (b) of this section shall be measured from the boundary of the residential district, the property lines of a hospital, public park, school, or the site boundaries of another solid waste transfer station, to the site boundary of the transfer station, or if the building within which the dumping, loading, processing and storage of solid waste takes place is set back at least one hundred fifty feet from the site boundary, from the building.

   (3) In addition to complying with the provisions of this subchapter, every person who owns, operates, maintains or otherwise controls a non-putrescible solid waste transfer station or a putrescible solid waste transfer station shall comply with the provisions in subchapters A and B of this chapter, as applicable.

   (4) In addition to complying with the provisions of paragraph (1) of this subdivision, every person who owns, operates, maintains or otherwise controls an intermodal solid waste container facility shall comply with the provisions of subchapter D of this chapter, as applicable.

  1. In addition to complying with the siting restrictions contained in paragraph (1) of subdivision (a) of this section, all solid waste transfer stations shall comply with the following siting restrictions:

   (1) Any transfer station located in a community district that contains less than four percent of the total number of existing, lawfully operating transfer stations, as calculated by the Department, shall be subject to the following siting restrictions:

      (i) Any new transfer station shall be located at a site that is entirely within an M1, M2 and/or M3 district, provided that such new transfer station shall not be located in an M1 district if the M1 districts in such community district cumulatively contain three or more lawfully operating transfer stations.

      (ii) Any new transfer station shall be at least 400 feet from a residential district, hospital, public park or school.

      (iii) In addition to the above restrictions, no new transfer station shall be located less than 400 feet from another transfer station. This restriction shall not apply to a new transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.

      (iv) Any new transfer station shall provide space to accommodate truck queuing on site.

      (v) Any transfer station that is lawfully operating may expand its site boundary, subject to Department review and approval, provided that such site expansion complies with the buffer distance requirements for a residential district, hospital, public park or school as set forth in subparagraph (ii) of this paragraph.

      (vi) Any transfer station that is lawfully operating may increase its lawful daily permitted throughput capacity, subject to Department review and approval, provided that it is located at least 400 feet from a residential district, hospital, public park or school. This restriction shall not apply to a transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.

   (2) Any transfer station located in a community district that contains from four to less than eight percent of the total number of existing, lawfully operating transfer stations, as calculated by the Department, shall be subject to the following siting restrictions:

      (i) Any new transfer station shall be located at a site that is entirely within an M1, M2 and/or M3 district, provided that such new transfer station shall not be located in an M1 district if the M1 districts in such community district cumulatively contain three or more lawfully operating transfer stations.

      (ii) Any new transfer station shall be at least 500 feet from a residential district, hospital, public park or school.

      (iii) In addition to the above restrictions, no new transfer station shall be located less than 400 feet from another transfer station. This restriction shall not apply to a new transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.

      (iv) Any new transfer station shall provide space to accommodate truck queuing on site.

      (v) Any transfer station that is lawfully operating may expand its site boundary, subject to Department review and approval, provided that such site expansion complies with the buffer distance requirements for a residential district, hospital, public park or school as set forth in subparagraph (ii) of this paragraph.

      (vi) Any transfer station that is lawfully operating may increase its lawful daily permitted throughput capacity, subject to Department review and approval, provided that it is located at least 500 feet from a residential district, hospital, public park or school. This restriction shall not apply to a transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.

   (3) Any transfer station located in a community district that contains from eight to less than twelve percent of the total number of existing, lawfully operating transfer stations, as calculated by the Department, shall be subject to the following siting restrictions:

      (i) No new transfer stations shall be allowed in an M1 district.

      (ii) Any new transfer station shall be located at a site that is entirely within an M2 and/or M3 district and shall be at least 600 feet from a residential district, hospital, public park or school.

      (iii) In addition to the above restrictions, no new transfer station shall be located less than 400 feet from another transfer station. This restriction shall not apply to a new transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.

      (iv) Any new transfer station shall provide space to accommodate truck queuing on site.

      (v) Any transfer station that is lawfully operating may expand its site boundary, subject to Department review and approval, provided that such site expansion complies with the buffer distance requirements for a residential district, hospital, public park or school as set forth in subparagraph (ii) of this paragraph.

      (vi) Any transfer station that is lawfully operating may increase its lawful daily permitted throughput capacity, subject to Department review and approval, provided that it is located at least 500 feet from a residential district, hospital, public park or school. This restriction shall not apply to a transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.

   (4) Any transfer station located in a community district that contains from twelve to less than sixteen percent of the total number of existing, lawfully operating transfer stations, as calculated by the Department, shall be subject to the following siting restrictions:

      (i) The Department shall not authorize the operation of a new transfer station unless: (A)  the applicant obtains a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a transfer station within the same community district at a rate of one ton for every new ton of capacity and such reduction (offset) is of the same type of solid waste (putrescible for putrescible, construction and demolition debris for construction and demolition debris, or fill material for fill material); or (B) the application is for a new putrescible or construction and demolition debris transfer station located at or adjacent to a rail yard, rail spur, industrial track or vessel facility where at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel, and the applicant obtains a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a putrescible or construction and demolition debris transfer station within the same community district at a rate of one ton for every new ton of capacity.

      (ii) No new transfer stations shall be allowed in an M1 district.

      (iii) Any new transfer station shall be located at a site that is entirely within an M2 and/or M3 district and shall be at least 600 feet from a residential district, hospital, public park or school.

      (iv) In addition to the above restrictions, no new transfer station shall be located less than 400 feet from another transfer station. This restriction shall not apply to a new transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.

      (v) Any new transfer station shall be entirely enclosed.

      (vi) Any new transfer station shall provide space to accommodate truck queuing on site.

      (vii) Any transfer station that is lawfully operating may expand its site boundary, subject to Department review and approval, provided that such site expansion complies with the buffer distance requirements for a residential district, hospital, public park or school as set forth in subparagraph (iii) of this paragraph.

      (viii) Any transfer station that is lawfully operating and is located at least 500 feet from a residential district, hospital, public park or school may increase its lawful daily permitted throughput capacity if the owner/operator obtains a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a transfer station located in the same community district at a rate of one ton for every new ton of capacity, and such reduction is of the same type of solid waste (putrescible for putrescible, construction and demolition debris for construction and demolition debris, or fill material for fill material).

      (ix) Any putrescible or construction and demolition debris transfer station that is lawfully operating at or adjacent to a rail yard, rail spur, industrial track or vessel facility where at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel, may increase its lawful daily permitted throughput capacity provided that the owner/operator obtains a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a putrescible or construction and demolition debris transfer station within the same community district at a rate of one ton for every new ton of capacity.

   (5) Any transfer station located in a community district that contains sixteen percent or more of the total number of existing, lawfully operating transfer stations, as calculated by the Department, shall be subject to the following siting restrictions:

      (i) The Department shall not authorize the operation of a new transfer station unless: (A)  the applicant obtains a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a transfer station within the same community district at a rate of one ton for every new ton of capacity and such reduction (offset) is of the same type of solid waste (putrescible for putrescible, construction and demolition debris for construction and demolition debris, or fill material for fill material); or (B) the application is for a new putrescible or construction and demolition debris transfer station located at or adjacent to a rail yard, rail spur, industrial track or vessel facility where at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel, and the applicant obtains a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a putrescible or construction and demolition debris transfer station within the same community district at a rate of one ton for every new ton of capacity.

      (ii) No new transfer stations shall be allowed in an M1 district.

      (iii) Any new transfer station shall be located at a site that is entirely within an M2 and/or M3 district and shall be at least 700 feet from a residential district, hospital, public park or school.

      (iv) In addition to the above restrictions, no new transfer station shall be located less than 400 feet from another transfer station. This restriction shall not apply to a new transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.

      (v) Any new transfer station shall be entirely enclosed.

      (vi) Any new transfer station shall provide space to accommodate truck queuing on site.

      (vii) Any transfer station that is lawfully operating may expand its site boundary, subject to Department review and approval, provided that such site expansion complies with the buffer distance requirements for a residential district, hospital, public park or school as set forth in subparagraph (iii) of this paragraph.

      (viii) Any transfer station that is lawfully operating and is located at least 500 feet from a residential district, hospital, public park or school may increase its lawful daily permitted throughput capacity if the owner/operator obtains a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a transfer station located in the same community district at a rate of one ton for every new ton of capacity, and such reduction is of the same type of solid waste (putrescible for putrescible, construction and demolition debris for construction and demolition debris, or fill material for fill material).

      (ix) Any putrescible or construction and demolition debris transfer station that is lawfully operating at or adjacent to a rail yard, rail spur, industrial track or vessel facility where at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel, may increase its lawful daily permitted throughput capacity provided that the owner/operator obtains a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a putrescible or construction and demolition debris transfer station within the same community district at a rate of one ton for every new ton of capacity.

  1. For purposes of this section, a new transfer station shall mean a transfer station that is not lawfully operating on the effective date of this section.
  2. For purposes of the percentage calculations required by subdivision (b) of this section, the following shall apply:

   (1) transfer stations lawfully operating at the same location with one or more written authorizations by the Department to operate a non-putrescible and/or putrescible solid wate transfer station shall be counted as one transfer station;

   (2) the Department’s marine transfer stations, when operational and handling solid waste for ultimate disposal, shall be included in the number used for the percentage calculations;

   (3) the Department shall update the above percentage calculations continuously as new permits are issued; and

   (4) such percentage calculations shall be published in the City Record and on the Department’s website on or about the first day of January and on or about the first day of July of every calendar year, and shall be in the following format that corresponds with the rules set forth in subdivision (b) of this section:

Percentage of Existing, Lawfully Operating Transfer Stations in NYC Community Districts Buffer Distance to Residential Districts, Hospitals, Public Parks and Schools Buffer Distance Between Transfer Stations(A) Additional Requirements Zoning Requirements
16% or more   700 feet 400 feet
  1. Facility enclosed;(ii) Queuing area on site;(iii) Offsets required(B), (C), (D), (E)
M2 and/or M3 districts only
From 12 to less than 16%   600 feet 400 feet
  1. Facility enclosed;(ii) Queuing area on site;(iii) Offsets required(B), (C), (D), (E)
M2 and/or M3 districts only
From 8 to less than 12%   600 feet 400 feet Queuing area on site(F) M2 and/or M3districts only
From 4 to less than 8%   500 feet 400 feet Queuing area on site(F) M1, M2 and/or M3 allowed(F)
Less than 4%   400 feet 400 feet Queuing area on site(G) M1, M2 and/or M3 allowed(H)

~

      (A) This restriction shall not apply to a new transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.

      (B) Any new transfer stations operating a truck-to-truck facility must obtain a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a transfer station within the same community district at a rate of one ton for every new ton of capacity. Such reduction must be of the same type of solid waste (putrescible for putrescible, construction and demolition debris for construction and demolition debris, or fill material for fill material).

      (C) Any application for a new putrescible or construction and demolition debris transfer stations located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, and where at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel, must obtain a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a putrescible or construction and demolition debris transfer station within the same community district at a rate of one ton for every new ton of capacity.

      (D) Any transfer station that is lawfully operating that is located at least 500 feet from a residential district, hospital, public park or school may increase its lawful daily permitted throughput capacity only if such owner/operator obtains a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a transfer station located in the same community district at a rate of one ton for every new ton of capacity. Such reduction must be of the same type of solid waste (putrescible for putrescible, construction and demolition debris for construction and demolition debris, or fill material for fill material).

      (E) Any putrescible or construction and demolition debris transfer station that is lawfully operating at or adjacent to a rail yard, rail spur, industrial track or vessel facility where at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel, may increase its lawful daily permitted throughput capacity provided that the owner/operator obtains a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a putrescible or construction and demolition debris transfer station within the same community district at a rate of one ton for every new ton of capacity.

      (F) Any transfer station that is lawfully operating may increase its lawful daily permitted throughput capacity, subject to Department review and approval, provided that it is located at least 500 feet from a residential district, hospital, public park or school. This restriction shall not apply to a transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.

      (G) Any transfer station that is lawfully operating may increase its lawful daily permitted throughput capacity, subject to Department review and approval, provided that it is located at least 400 feet from a residential district, hospital, public park or school. This restriction shall not apply to a transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.

      (H) Any new transfer station shall not be located in an M1 district if the M1 districts in such community district cumulatively contain three or more lawfully operating transfer stations.

§ 4-33 Hours of Operation.

(a)  Non-putrescible solid waste transfer stations located in an M1 district may not receive solid waste between 7 p.m. and 6 a.m.
  1. Putrescible solid waste transfer stations located in an M1 district may operate 24 hours per day, but may not receive solid waste between 4 a.m. and noon on Sundays.
  2. The Department may restrict the hours of operation for any transfer station, including further restricting the hours of operation for a transfer station covered by subdivision (a) or (b) of this section, as a condition of such transfer station receiving a permit pursuant to §§ 16-130 and 16-131 of the Administrative Code.

§ 4-34 Engineering Reports, Transportation Plans and Periodic Reviews of the City’s Overall Waste Disposal Needs.

(a)  All transfer stations shall submit with each permit application a certified engineering report acceptable to the Department demonstrating that the transfer station complies with the applicable performance standards of the Zoning Resolution and the applicable provisions of the New York City Health Code.
  1. All transfer stations shall submit with each permit application truck transportation plans that specify the routes that truck transport vehicles will use when transporting solid waste or other material out of the facility for final disposal, reuse, or recycling. After reviewing the transportation plans, the Department may require as a permit condition that a transfer station establish a system to require such trucks exiting the transfer station to use specific transport routes.
  2. The Department shall conduct periodic reviews of transfer station capacity, in the context of the City’s overall waste disposal needs, with the objective of minimizing the concentration or impacts of transfer stations, particularly in those communities with the largest number of transfer stations.

§ 4-35 Variances.

(a)  Unless otherwise precluded by law, the Department may grant a variance from one or more of the specific provisions of 16 RCNY §§ 4-32 and 4-33 in accordance with the provisions of this section. The Department shall be precluded from granting a variance that would authorize the operation of a solid waste transfer station at a site where such use is not authorized by the Zoning Resolution or by a variance granted by the Board of Standards and Appeals. In addition, the Department shall be precluded from granting a variance from the provisions of 16 RCNY § 4-34 and, for the siting of a new transfer station, from granting a variance from the applicable buffer distance requirements from a residential district, hospital, public park or school as set forth in 16 RCNY § 4-32.
  1. An applicant for a variance shall file a written application with the Department on a form prescribed by the Department. Every application for a variance shall identify the specific provision or provisions of this subchapter from which a variance is sought.
  2. The applicant shall promptly forward a copy of the application for a variance to:

   (1) the Community Board of the community district in which the transfer station is located or is proposed to be located;

   (2) the City Council Member in whose district the transfer station is located or is proposed to be located; and

   (3) the Borough President of the borough in which the transfer station is located or is proposed to be located.

  1. Except as otherwise provided in subdivision (a) of this section, the Department may grant a variance to an existing, lawfully operating transfer station from one or more of the specific provisions of 16 RCNY §§ 4-32 and 4-33 only upon a determination that a proposed action requiring a variance will, when taken as a whole, result in an overall environmental benefit. An action requiring a variance may produce an overall environmental benefit if, in conjunction with the variance request, the applicant also proposes and agrees to implement measures that are more protective of the environment and exceed regulatory requirements for existing transfer stations. Such environmentally protective measures could include, but are not limited to, enclosing a non-putrescible or fill material transfer station; obtaining a reduction in the lawful daily permitted throughput capacity at a transfer station located in the same community district of an equal or greater amount; making provisions for queuing all trucks on site; and/or utilizing new technology to reduce air emissions from off-road vehicles or stationary sources used at a transfer station. In assessing the nature of the environmental benefit required for a variance, the Department will take into account unique topographic conditions that may exist in or around the transfer station that limit the potential environmental impacts of the facility.
  2. Except as otherwise provided in subdivision (a) of this section, the Department may grant a variance for a new transfer station only from the applicable buffer distance requirements from another transfer station and only if (1) the new transfer station is located in an M2 and/or M3 district; (2) the new transfer station proposes and agrees to implement measures that are protective of the environment and exceed regulatory requirements for new transfer stations. Such environmentally protective measures could include, but are not limited to, enclosing a non-putrescible or fill material transfer station if not otherwise lawfully required; obtaining a reduction in the lawful daily permitted throughput capacity at a transfer station located in the same community district of an equal or greater amount if not otherwise lawfully required; and/or utilizing new technology to reduce air emissions from off-road vehicles or stationary sources used at a transfer station; and (3) the action for which the variance is required will not result in any significant adverse environmental impact.

§ 4-36 Interim Siting Restrictions for New or Expanded Construction and Demolition Debris Transfer Stations.

(a)  Notwithstanding the provisions of 16 RCNY § 4-05, no new permit or authorization to operate shall be issued by the Department during the period from March twenty-first, two thousand three through October twentieth, two thousand four, for a construction and demolition debris transfer station, as defined in 16 RCNY § 4-01, that was not lawfully operating on March twenty-first, two thousand three, nor may any construction and demolition debris transfer station be authorized during such period to increase its lawful permitted capacity.
  1. Notwithstanding subdivision (a) of this section, the Department may issue to a construction and demolition debris transfer station that was lawfully operating on March twenty-first, two thousand three a permit to convert some or all of its lawful permitted capacity to putrescible solid waste.
  2. Notwithstanding subdivision (a) of this section, the Department may authorize the operation of a new intermodal solid waste container facility that handles construction and demolition debris, provided that (1) such new facility is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, (2) the construction and demolition debris at such facility is in closed, leak-proof containers at all times, including during receipt, storage and removal, (3) the containers are acceptable to the Department and maintained in a safe, nuisance-free manner, and (4) the containers are removed by rail or vessel.
  3. This section shall expire on the twentieth day of October, two thousand four, provided that if permanent siting rules promulgated pursuant to subdivision (b) of § 16-131 of the administrative code of the city of New York take effect before such date, then this section shall expire on the date such permanent siting rules take effect.

§ 4-37 Interim Siting Restrictions for New or Expanded Fill Material Transfer Stations.

(a)  Notwithstanding the provisions of 16 RCNY § 4-07, no new permit or authorization to operate shall be issued by the Department during the period from March twenty-first, two thousand three through October twentieth, two thousand four, for a fill material transfer station, as defined in 16 RCNY § 4-01, that was not lawfully operating on March twenty-first, two thousand three, nor may any fill material transfer station be authorized during such period to increase its lawful permitted capacity.
  1. This section shall expire on the twentieth day of October, two thousand four, provided that if permanent siting rules promulgated pursuant to subdivision (b) of § 16-131 of the administrative code of the city of New York take effect before such date, then this section shall expire on the date such permanent siting rules take effect.

§ 4-38 Interim Siting Restrictions for New or Expanded Putrescible Solid Waste Transfer Stations.

(a)  Notwithstanding the provisions of 16 RCNY § 4-14, no new permit or authorization to operate shall be issued by the Department during the period from March twenty-first, two thousand three through October twentieth, two thousand four, for a putrescible solid waste transfer station, as defined in 16 RCNY § 4-11, that was not lawfully operating on March twenty-first, two thousand three.
    1. During the period from March twenty-first, two thousand three through October twentieth, two thousand four, the Department may authorize a putrescible solid waste transfer station that is not located in either Brooklyn Community District 1 or Bronx Community District 2 and that was lawfully operating on March twenty-first, two thousand three, to increase its lawful permitted capacity.

   (2) Notwithstanding the provisions of 16 RCNY § 4-14, during the period from March twenty-first, two thousand three through October twentieth, two thousand four, the Department shall not authorize the owner/operator of a putrescible solid waste transfer station that is located in either Brooklyn Community District 1 or Bronx Communiuty District 2 to increase its lawful permitted capacity, provided that the Department may authorize the owner/operator of any such transfer station that was lawfully operating on March twenty-first, two thousand three to increase its lawful permitted capacity where such owner/operator reduces or obtains a reduction in the lawful permitted capacity at another putrescible or non-putrescible solid waste transfer station within the same community district by an equal or greater amount.

  1. Notwithstanding subdivisions (a) and (b) of this section, the Department may (1) authorize the operation of a new intermodal solid waste container facility that handles putrescible solid waste, provided that (i) such new facility is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, (ii) the putrescible solid waste at such facility is in closed, leak-proof containers at all times, including during receipt, storage and removal, (iii) the containers are acceptable to the Department and maintained in a safe, nuisance-free manner, and (iv) the containers are removed by rail or vessel; or (2) issue a new permit to a putrescible solid waste transfer station that receives putrescible solid waste, provided that (i) such new transfer station is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, and (ii) the putrescible solid waste received is subsequently transported from the transfer station by rail or vessel.
  2. During the period from March twenty-first, two thousand three through October twentieth, two thousand four, each putrescible solid waste transfer station that is located in either Brooklyn Community District 1 or Bronx Community District 2 that is permitted to operate under subdivision (c)(2) of this section, shall be required to reduce or obtain a reduction in the lawful permitted capacity at another putrescible or non-putrescible solid waste transfer station within the same community district by an equal or greater amount.
  3. This section shall expire on the twentieth day of October, two thousand four, provided that if permanent siting rules promulgated pursuant to subdivision (b) of § 16-131 of the administrative code of the city of New York take effect before such date, then this section shall expire on the date such permanent siting rules take effect.

Subchapter D: Intermodal Solid Waste Container Facilities

§ 4-39 Definitions.

When used in this subchapter:

Commissioner. “Commissioner” shall mean Commissioner of Sanitation or his or her representative.

Construction and demolition debris. “Construction and demolition debris” shall mean non-putrescible solid waste resulting from any excavation, or any construction, demolition, alteration, repair, or renovation of any structure, building or premises.

Equipment. “Equipment” shall mean all implements used in the operation of the intermodal solid waste container facility, including but not limited to motor-driven machinery.

Intermodal container. “Intermodal container” shall mean a container meeting the specification requirements of 16 RCNY § 4-43 that is used for the transport of solid waste to or from an intermodal solid waste container facility.

Intermodal solid waste container facility. “Intermodal solid waste container facility” shall mean a facility or premises served by rail or vessel at which intermodal containers are transferred from transport vehicle to transport vehicle for the purpose of consolidating intermodal containers for shipment by rail or vessel to an authorized disposal or treatment facility, where the contents of each container remain in their closed containers during the transfer between transport vehicles, and storage remains incidental to transport at the location where the containers are consolidated.

Non-putrescible solid waste. “Non-putrescible solid waste” shall mean solid waste that does not contain organic matter having the tendency to decompose with the formation of malodorous by-products, including but not limited to dirt, earth, plaster, concrete, rock, rubble, slag, ashes, waste timber, lumber, plexiglass, fiberglass, ceramic tiles, asphalt, sheetrock, tar paper, tree stumps, wood, window frames, metal, steel, glass, plastic pipes and tubes, rubber hoses and tubes, electric wires and cables, paper and cardboard.

Person. “Person” shall mean any individual, corporation, partnership, association, firm, trust, estate or any oher legal entity whatsoever.

Putrescible solid waste. “Putrescible solid waste” shall mean solid waste containing organic matter having the tendency to decompose with the formation of malodorous by-products.

Solid waste. “Solid waste” shall mean all putrescible and non-putrescible materials or substances, other than those materials or substances described in subdivision (b) of this definition, that are discarded or rejected, including but not limited to, garbage, refuse, waste collected by any person required to be licensed or permitted pursuant to subchapter eighteen of chapter 2 of Title 20 of the Administrative Code of the City of New York, rubbish, tires, ashes, contained gaseous material, incinerator residue, construction and demolition debris, discarded automobiles and offal. Such term shall include recyclable materials, as defined in § 16-303 of Title 16 of the Administrative Code of the City of New York.

   (a) A material is discarded or rejected if it is:

      (1) spent, useless, worthless or in excess to the owners at the time of such discard or rejection;

      (2) disposed of;

      (3) burned or incinerated, including material burned as a fuel for the purpose of recovering usable energy; or

      (4) accumulated, stored or physically, chemically or biologically treated (other than burned or incinerated) instead of or before being disposed of.

   (b) The following are not solid waste for the purpose of this section:

      (1) domestic sewage;

      (2) any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly owned treatment works for treatment, except any material that is introduced into such system in order to avoid the provisions of this subchapter, 24 RCNY Health Code Article 157, Title 16 of the Administrative Code of the City of New York, or of State regulations promulgated to regulate solid waste management facilities;

      (3) industrial wastewater discharges that are actual point source discharges subject to permits under article seventeen of the environmental conservation law; provided that industrial wastewaters while they are being collected, stored or treated before discharge and sludges that are generated by industrial wastewater treatment are solid wastes;

      (4) irrigation return flows;

      (5) radioactive materials that are source, special nuclear, or by-product material under the federal Atomic Energy Act of 1954, as amended, 42 U.S.C. §§ 2011 et seq.;

      (6) materials subject to in-situ mining techniques that are not removed from the ground as part of the extraction process;

      (7) hazardous waste as defined in § 27-0901 of the Environmental Conservation Law, including material containing hazardous waste; and

      (8) regulated medical waste as defined in Title 15 of Article 27 of the New York State Environmental Conservation Law, in Title 13 of Article 13 of the New York State Public Health Law or in § 16-120.1 of the Administrative Code of the City of New York or any rules promulgated pursuant to such provisions of law.

Transport vehicle. “Transport vehicle” shall mean any motor vehicle, rail car, vessel, or other means of transportation used to deliver intermodal containers into, or to remove intermodal containers from, an intermodal solid waste container facility.

Vessel. “Vessel” shall mean any barge, ship, boat, or other floating craft used for transportation in or on a waterway.

§ 4-40 Compliance with Federal, State and Local Laws.

Every person who owns, operates, maintains or otherwise controls an intermodal solid waste container facility regulated by this subchapter shall comply fully with all applicable federal, state and local laws, rules and regulations.

§ 4-41 Registration Required.

(a)  No person other than the Department of Sanitation may conduct, operate or use any pier or part thereof, or any piece or parcel of land or land under water within the City of New York as an intermodal solid waste container facility, unless, in addition to any other permit or authorization required by law, such person obtains a registration from the Commissioner as required by this subchapter.
  1. Registration of an intermodal solid waste container facility is a ministerial action for purposes of the State Environmental Quality Review Act, Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617, and the City Environmental Quality Review procedures.

§ 4-42 Registration for Intermodal Solid Waste Container Facilities.

An application for the registration of an intermodal solid waste container facility shall include:

  1. A site plan, including the name of the facility, with block and lot numbers, street address, zoning district, borough, property boundaries, including a metes and bounds description of the property, proof of ownership or other authorization to use the property, location of fences, gates, entrances and exits, parking spaces and area where transport vehicles may wait prior to delivery or removal of intermodal containers; and the location and dimensions of each area where intermodal containers shall be received and stored prior to transfer to a transport vehicle;
  2. A copy of all permits or other authorizations to construct or operate required under federal, state or local laws, rules or regulations;
  3. A description of proposed intermodal solid waste container facility operations, including descriptions of storage area, transfer operations, site improvements, type of solid waste accepted, type of containers accepted, and period of time intermodal containers would be stored on site;
  4. A map describing not less than one square mile of the area surrounding the proposed facility, clearly marking the lawful truck routes where transport vehicles may transport intermodal containers to and from the facility, and connecting roadways permitted to be used by transport vehicles, as certified by a registered architect or licensed professional engineer;
  5. The estimated number and type of transport vehicles to be used to deliver intermodal containers into, or to remove intermodal containers from, the facility, including an estimate of the daily, weekly and monthly arrivals and departures;
  6. A certification from a title insurance corporation, as such corporation is defined in § 6401 of the Insurance Law, or from a duly authorized agent thereof, establishing the ownership of the property upon which the intermodal solid waste container facility is sited or proposed to be sited;
  7. The registrant’s business address and telephone number;
  8. An estimate of both the average and the maximum number and volume of intermodal containers to be located at the facility at one time; and
  9. A signed and notarized affidavit acknowledging the registrant’s liability to the City for the removal, if necessary for public health and safety reasons, of intermodal containers from the intermodal solid waste container facility.
  10. The annual fee to cover the cost of inspection for a registration issued pursuant to this subchapter shall be seven thousand dollars ($7,000).

§ 4-43 Intermodal Container Specification Requirements.

(a)  For purposes of this section, "container" shall mean an intermodal container.
  1. All transportation of solid waste to and from intermodal solid waste container facilities shall be in containers meeting the specification requirements set forth in subdivision (c) of this section.
  2. Each container shall meet the following specification requirements: (1) each container shall be designed, constructed, loaded, secured and maintained so as (i) to prevent the escape of wastes or liquids; and (ii) to prevent the loss or spillage of wastes or liquids in the event of an accident; (2) each container shall be completely enclosed, rigid, and constructed of nonpermeable material, provided that rigid top-loaded intermodal containers containing construction and demolition debris and no putrescible waste may be enclosed with a non-rigid cover acceptable to the Commissioner; and (3) each container shall meet all applicable U.S. Department of Transportation specifications and generally accepted industry standards.

§ 4-44 Operation and Maintenance.

(a)  For purposes of this section, "facility" shall mean an intermodal solid waste container facility.
  1. The facility shall be located at or adjacent to a rail yard, rail spur, industrial track or vessel facility.
  2. The handling of intermodal containers shall be conducted in a safe and sanitary manner so as to avoid any nuisance or other condition that could pose a danger to public health or safety.
  3. The facility shall handle intermodal containers in a manner consistent with the site plan and operating information submitted with the registration.
  4. There shall be sufficient space at the facility for transport vehicles to enter and exit safely.
  5. Trucks shall enter and exit the facility via lawful truck routes.
  6. All solid waste received at the facility for transport must be in intermodal containers at all times, including during receipt, storage and removal.
  7. All intermodal containers must meet the specification requirements set forth in 16 RCNY § 4-43.
    1. The facility, to the extent practicable, shall keep the following records for each intermodal container received and transported out of the facility:

      (i) description of the solid waste in the intermodal container;

      (ii) volume of the solid waste contained in the intermodal container;

      (iii) the name of the solid waste management facility where the solid waste was loaded into the intermodal container; and

      (iv) the destination of the intermodal container after it leaves the facility.

   (2) Such records shall be maintained for a period of not less than three years and be readily available for inspection by a representative from the Department of Sanitation.

  1. All intermodal containers containing putrescible solid waste shall be removed within seventy-two hours of receipt.
  2. All intermodal containers must be removed from the facility by rail or vessel.
  3. Equipment used in the handling of intermodal containers shall be contained within the property line, and under no circumstances shall such equipment be stored on city streets.
  4. No transport vehicle required to be licensed or permitted pursuant to title twenty of the Administrative Code of the City of New York shall deliver an intermodal container to a facility unless such transport vehicle is appropriately licensed or permitted.
  5. The Commissioner may waive one or more requirements of this section if he or she reasonably determines that such waiver would not be inconsistent with the purposes of this subchapter, and provided that such waiver is not otherwise contrary to law.

§ 4-45 Suspension and Revocation.

The Department of Sanitation specifically reserves the right, to the extent that it is not inconsistent with applicable federal, state or local laws, rules or regulations, to suspend such registration temporarily or to revoke it permanently after adequate notice, when the Commissioner or his/her designee has found that the holder of such registration has violated the terms of this subchapter.

§ 4-46 Severability.

The provisions of this subchapter shall be severable and if any phrase, clause, sentence, paragraph, subdivision or section of this subchapter, or the applicability thereof to any person or circumstance, shall be held invalid, the remainder of this subchapter and the application thereof shall not be affected thereby.

Subchapter E: Recycling Processing Facilities

§ 4-51 Definitions.

As used in this subchapter, the following terms have the following meanings:

Commissioner. The term “Commissioner” means the commissioner of sanitation.

Department. The term “Department” means the department of sanitation.

Department-marked item. The term “Department-marked item” means any refrigerant-containing item that: (i) has written upon it a Department service identification number that has been provided to the property owner by a 311 or Department representative, or (ii) has affixed upon it an official decal or sticker indicating that such item is designated for future servicing of refrigerant removal by the Department, or (iii) has affixed upon it an official decal or sticker indicating that such item has already been serviced for refrigerant removal by the Department.

ECB. The term “ECB” means the environmental control board.

Ferrous. The term “ferrous” means metals and alloys that contain iron, such as mild steel, carbon steel, stainless steel, cast iron, and wrought iron.

Non-ferrous. The term “non-ferrous” means metals and alloys that do not contain iron, such as aluminum, brass, copper, nickel, tin, lead, zinc, and precious metals including gold and silver.

Not-for-profit corporation. The term “not-for-profit corporation” means a not-for-profit corporation as defined in subparagraph five or subparagraph seven of subdivision a of section 102 of the New York state not-for-profit corporation law.

Organic Waste. The term “organic waste” shall have the same meaning as set forth in § 16-303 of the Administrative Code of the city of New York, except that organic waste shall not include food that is donated to a third party, food that is sold to farmers for feedstock, and meat by-products that are sold to a rendering company.

Person. The term “person” means any individual, corporation, partnership, association, firm, trust, estate or any other legal entity whatsoever.

Recyclable material. The term “recyclable material” means material that may be separated, collected, processed, marketed and returned to the economy in the form of raw materials or products, including but not limited to, ferrous or non-ferrous metal, glass, paper, cardboard, rigid plastic, food waste, tires and yard waste.

Recycling processing facility. The term “recycling processing facility” means a facility that is registered or permitted by the New York state department of environmental conservation and/or the Department where recyclable materials, other than organic waste, are delivered separately from solid waste or where source-separated recyclable materials, other than organic waste, are processed for the purpose of reuse or sale. This term also includes scrap metal processors licensed by the department of consumer affairs.

Refrigerant. The term “refrigerant” means any substance consisting in whole or in part of a class I or class II ozone-depleting substance, which is used for heat transfer purposes and provides a cooling effect, including, but not limited to, chlorofluorocarbons, hydro-chlorofluorocarbons, or any other substitute substance as may be defined by the United States environmental protection agency. A class I or class II ozone-depleting substance shall be those substances as defined by the United States environmental protection agency in section 602 of the United States clean air act. A substitute substance shall be any environmental protection agency approved replacement for a class I or II ozone-depleting substance in a refrigeration or air-conditioning end-use.

Refrigerant-containing item. The term “refrigerant-containing item” means any recyclable material that uses a refrigerant that must be removed prior to disposal, including, but not limited to, any air conditioner, refrigerator, water cooler, or freezer.

Scrap metal. The term “scrap metal” means ferrous or non-ferrous metal that is used for the production of raw material for remelting purposes for steel mills, foundries, smelters, refiners, and similar users.

Scrap metal processor. The term “scrap metal processor” means an establishment that purchases, sells, accepts, stores or processes scrap metal destined for recycling, but shall not include a redemption center, dealer or distributor as defined in section 27-1003 of the New York state environmental conservation law, or an electronic waste collection site, electronic waste consolidation facility or electronic waste recycling facility as defined in section 27-2601 of the New York state environmental conservation law.

§ 4-52 Registration of Recycling Processing Facilities.

(a) No person shall operate a recycling processing facility within the city of New York, unless, in addition to any other permit or authorization required by law, such person obtains a registration from the Commissioner as required by this subchapter.
  1. Within 90 days of the effective date of this rule, any recycling processing facility that is currently in operation must register with the Department using a form prescribed by the Department.
  2. Any recycling processing facility that commences operations after the effective date of this rule must register with the Department using a form prescribed by the Department no less than 30 days prior to operating such recycling processing facility.
  3. Registration forms may be obtained from the Department’s website or by written request to:

   New York City Department of Sanitation   125 Worth Street, Room 723   New York, New York 10013   Attn: Recycling Processing Facility Registration

  1. A registration must include, at a minimum:

   (1) The business name, business address and telephone number of the recycling processing facility. A post office box is not an acceptable address;

   (2) The names of the principals and/or officers, on-site managers, and a contact person to whom all official Department correspondence may be sent regarding the recycling processing facility;

   (3) Copies of all registrations, permits, licenses or other authorizations to operate required under federal, state, or local laws, rules or regulations; and

   (4) The days and hours of operation of such recycling processing facility.

    1. A registration issued to a recycling processing facility shall not be transferrable or assignable to any other party. In the event there is a change in ownership or a sale of the recycling processing facility, the new owner of the facility must register the recycling processing facility within 30 days of such purchase.

   (2) A recycling processing facility that terminates its business must notify the Department immediately of the date of cessation of its operations.

   (3) A recycling processing facility must advise the Department within 30 days of any changes to the information submitted pursuant to subdivision (e) of this section.

  1. This section will not apply to a redemption center, dealer or distributor as defined in section 27-1003 of the environmental conservation law, or to any person that, using a motor vehicle, collects recyclable containers in bulk and is required to be registered pursuant to chapter 4-D of title 16 of the administrative code of the city of New York.
  2. Registration of a recycling processing facility is an official act of a ministerial nature, involving no exercise of discretion for purposes of the state environmental quality review act, codified as article 8 of the environmental conservation law and part 617 of title 6 of the New York codes, rules, and regulations and the rules of procedure for city environmental quality review codified as 62 RCNY Chapter 5.

§ 4-53 Posting of Registration.

Any recycling processing facility must conspicuously post the registration issued by the Commissioner at the place of business.

§ 4-54 Receipt and Handling of Recyclable Material.

(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.
  1. No recycling processing facility shall store recyclable materials in such a manner that they become a nuisance or a sanitary or environmental problem.

§ 4-55 Receipt of a Department-Marked Item.

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.

§ 4-56 Receipt of Refrigerant-Containing Item.

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.

§ 4-57 Quarterly reporting requirements.

(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.
  1. 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.

  1. 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.
  2. 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.
  3. 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.
  4. The first such report shall be due on May 1, 2017 for the quarterly reporting period from January 1, 2017 through March 31, 2017.

§ 4-58 Compliance with Federal, State and Local Laws.

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.

§ 4-59 Enforcement and Compliance.

(a) The Department reserves the right to conduct lawful inspections during business hours to ensure compliance with this subchapter.
  1. 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.
  2. 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.
  3. 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.
  4. 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.

Chapter 5: Specifications For Trucks and Vehicles Conveying Rubbish Through the Streets and the Impoundment of Vehicles

§ 5-01 Definitions.

When used in these Rules and Regulations and in any and all orders and directions issued under these Rules and Regulations, each of the following words, terms, or phrases shall have the sense or meaning prescribed by its definition:

Active customer. “Active customer” means an applicant who is in the process of establishing an APS account, or a permittee or licensee who has maintained an APS account in good standing with the department during the previous twelve months and has used such account to dispose of material at a department facility at least once within the preceding twelve month period.

Applicant. “Applicant” means a person requesting a permit or license required by § 20-332 of the Administrative Code.

Ashes. “Ashes” means cinders, coal and every other such substance which is left unconsumed by fire in stoves, furnaces, ranges, firepots, fireplaces, and other such places.

Automated payment system account or APS account. “Automated payment system account” or “APS account” means an account established by an applicant, permittee or licensee with the department in accordance with the procedures established in 16 RCNY § 2-06, wherein monies are deposited by such applicant, permittee or licensee to allow such person to dispose of materials at a department facility.

Commissioner. “Commissioner” means Commissioner of Sanitation.

Commissioner’s representative. “Commissioner’s representative” means any officer or employee of the Department designated by the Commissioner to act in the premises from time to time who, as well as the Commissioner may act directly or through assistants designated by him limited to the particular duties entrusted to them.

Department, DS or D.S. “Department, DS or D.S.” means Department of Sanitation.

DS registered capacity. “DS registered capacity” means the volume in cubic yards assigned to the vehicle body of each permit or license vehicle.

Facility. “Facility” means any solid waste management facility owned or operated by the department.

Garbage. “Garbage” means every accumulation of both animal and vegetable matter that attends the preparation, decay, and dealing in, or storage of meat, fish, fowl, birds or vegetables, except swill.

Material. “Material” means in the generic sense, those materials defined in these Rules and Regulations or listed in § 20-332, Administrative Code, i.e., ashes or garbage, etc.; and, as the context indicates, a particular material of those defined or listed.

Operator. “Operator” means the person operating a permit or license vehicle who may also at times load or assist in loading it; and also all persons loading or dumping or emptying a permit or license vehicle.

Permit or license. “Permit or license” means the permission in writing of the Commissioner of Consumer Affairs required to be obtained under § 20-332 of the Administrative Code and which applies only to vehicle it describes and is not transferable to any other person or to any other vehicle.

Permit or license document. “Permit or license document” means the official writing issued by the Commissioner of Consumer Affairs evidencing the granting of a permit or license.

Permittee or licensee. “Permittee or licensee” means each person holding a permit or license issued by the Commissioner of Consumer Affairs under § 20-332, Administrative Code.

Person. “Person” means every and any individual, corporation, firm, joint stock association, unincorporated association, or partnership and each partner of a partnership.

Rubbish. “Rubbish” means solid waste material, accumulating or resulting from the use or occupancy of building or premises, such as paper, straw, excelsior, rags, bottles, old clothes, old shoes, tin cans, and other materials of a similar character; and waste material, other than ashes or garbage, which attends use or decay and accumulation from the occupancy of buildings or premises.

Swill. “Swill” means every accumulation of either or both animal or vegetable matter, liquid to any extent so that any of it runs when stirred or emptied in any manner from any container or receptacle (even though the accumulation may include also other materials whether herein defined or not or parts of other materials) that attends the preparation, decay and dealing in, or storage of meat, fish, fowls, birds or vegetables or fruit.

UNL VEH WT. “UNL VEH WT” means unladen vehicle weight.

Vehicle. “Vehicle” means the particular vehicle described in a license or permit, being the vehicle for which the permit or license was issued.

Water level.

   (1) For open top box type vehicle bodies, “Water level” shall be the plane, parallel to a horizontal surface upon which the vehicle stands, passing through the lowest in height of the upper permanent edges of any of the sides or ends of the vehicle body, except that for Class 6 open top tank type vehicle bodies transporting swill water level shall be a plane four inches lower than that set under the foregoing.

   (2) For permanently totally enclosed type vehicle bodies of Class 6 transporting swill “water level” shall be the plane, parallel to a horizontal surface upon which the vehicle stands, passing through a point four inches below the loading door sill lowest in height, except that if the vehicle body has been permanently totally enclosed by placing a superstructure upon an otherwise open top tank type body, water level shall be determined as defined above under paragraph (1) for Class 6 vehicle bodies.

§ 5-02 Rules of General Applicability.

The following provisions apply to all applicants and permittees or licensees, excepting only when otherwise indicated:

  1. Each applicant who is an active customer shall produce each vehicle for which a permit or license is requested for inspection and/or measurement and/or weighing at a time and place to be named by the Commissioner’s representative. Failure of an applicant to produce any vehicle at the time and place fixed by the Commissioner’s representative shall be deemed an abandonment of the application for permit or license for the vehicle or vehicles not produced at the time fixed, unless and until the vehicle or vehicles are produced at such subsequent time as the Commissioner’s representative shall fix and no application will be advanced by the Department for issuance of permit or license until the vehicle or vehicles have been produced for the above purposes at the time and place fixed by the Commissioner’s representative.
  2. After issuance of a permit or license, each permittee or licensee who is an active customer shall produce each vehicle for re-inspection and/or re-measurement and/or re-weighing at a place and time designated by the Commissioner’s representative. Any vehicle that is not produced by such permittee or licensee for re-inspection and/or re-measurement and/or re-weighing shall not be allowed to dispose of materials at any facility.
  3. When upon re-inspection and/or re-measurement and/or re-weighing a vehicle that is owned by a permittee or licensee who is an active customer is found then by the Commissioner’s representative not to be in compliance with these Rules and Regulations the permit or license for such vehicles may be suspended until remedial action by the permittee or licensee places the vehicle again in full compliance with these Rules and Regulations, or the Commissioner’s representative may fix a time within which the permittee or licensee may place the vehicle in compliance with these Regulations. In the latter case, the permittee or licensee shall produce the vehicle for re-inspection and/or re-measurement and/or re-weighing at the expiration of the time allowed at the place designated by the Commissioner’s representative. If the permit or license was suspended pending compliance, the permittee or licensee shall notify the Commissioner’s representative when he deems the vehicle in compliance with these Rules and Regulations and thereupon the permittee or licensee shall produce the vehicle at the time and place designated by the Commissioner’s representative for re-inspection and/or re-measurement and/or re-weighing. During any such time that a permit or license for a vehicle is suspended, such vehicle shall not be allowed to dispose of material at any facility.
  4. All vehicle wheels shall be equipped with pneumatic tires, but this provision shall not apply to Class 3 vehicles.
  5. Each vehicle of all classes shall have the name and business address of the permittee or licensee lettered legibly in letters and figures not less than eight inches in height on each side of the vehicle body or upon each door of the vehicle cab at all times.
  6. Each vehicle (except Class 3) shall have painted upon each side of the vehicle body well forward, in letters and figures not less than two inches in height, the following:

   UNL VEH WT    DS REG CAP    POUNDS    CU YDS

  1. Each Class 3 vehicle shall be supplied at all times with a neatly lettered sign not less than 18 inches square bearing these legends arranged in three lines as follows:

   UNL VEH WT    NOT TO EXCEED    TOTAL CU YDS    POUNDS    CONTAINERS

which sign shall be displayed as required by 16 RCNY § 5-07(q).

  1. All legends painted on the sides of the vehicle body shall be so placed to be visible at all times and not obscured by lowered hinged sideboards, or tarpaulin covers secured in place down the sides.
  2. Each operator of a vehicle shall have in his possession at all times the Department of Consumer Affairs permit or license document, State Motor Vehicle Registration Certificate for the vehicle, and chauffeur’s license.

§ 5-03 Recording of Prepayment with Special Stamping Plate.

Permittees or licensees desiring to use Department of Sanitation disposal points in accordance with rules and regulations applicable to such use will be supplied for each permit or license vehicle an addressograph stamping plate for use in connection with recording of prepayments for reception and disposal upon a cubic yard basis and, when the Department has in operation at certain of these points scales to record net weights of loads for payment purposes, a different plate for use in such scales.

§ 5-04 Weighing of Vehicle.

If an applicant desires to use Department disposal facilities at which material will be received only on a weight basis, he shall pay the cost or fees for weighing the vehicle in the presence of the Commissioner’s representatives whenever the Commissioner determines that Department scales are not available for this purpose.

§ 5-05 Standards for Measuring Vehicle Capacity.

Cubic capacity of vehicle bodies and/or containers shall be determined by measurement by the Commissioner’s representative, or in some cases such as standard totally enclosed bodies or standard containers the manufacturer’s rated capacity may be accepted and adopted, but the Commissioner reserves the right to measure and calculate the cubic capacity of every body and container. Calculations shall be made to the hundredth of a cubic yard. When the calculated capacity contains a fraction not exceeding fifty one-hundredths (50/100) of a cubic yard, capacity shall be fixed at the whole number of cubic yards less the fraction. (When the fraction exceeds fifty one-hundredths of a cubic yard, capacity shall be fixed at the next higher whole number of cubic yards.) Calculations shall be made to the hundredth of a cubic yard. (When the fraction exceeds fifty one-hundredths of a cubic yard, capacity shall be fixed at the next higher whole number of cubic yards.) Class 4 and Class 5 vehicles however, will not be measured and therefore will not have cubic capacity determined and assigned.

§ 5-06 Classification of Vehicle Bodies.

To preserve and protect and promote public health and prevent the soiling and littering of the streets, the following classifications of vehicle bodies by the types of materials carried therein are made as the bases for prescribing, describing, and specifying the vehicle body of each class required to achieve the basic objectives of public health and clean, unlittered streets, to wit:

Class 1: Transportation of garbage or rubbish or garbage and rubbish;

Class 2: Transportation of ashes or manure;

Class 3: Transportation of materials (other than manure and those comprehended in Class 4, 5 or 6) originated and produced solely in the business operations of the owner of the vehicle;

Class 4: Transportation of dead animals, non-edible fats, bones, grease, offal, entrails, hoofs, and other refuse parts of animals, raw hides or uncured skins;

Class 5: Transportation of night soil, contents of cesspools, septic tanks, sinks, privies or vaults, and of other noxious or contaminated or polluted liquids;

Class 6: Transportation of swill.

  1. Class 1 – Vehicle body specifications.

   (1) Bodies of vehicles of Class 1 licensee shall be:

      (i) totally permanently enclosed,

      (ii) of welded steel construction,

      (iii) rear dumping,

      (iv) loaded only from and through the rear end or the top of the totally permanently enclosed body (except as permitted by subparagraph (viii) below),

      (v) so constructed that once garbage or rubbish or garbage and rubbish has been loaded none of such may be re-worked, sorted, handled, or removed from the body other than by dumping the load or partial load,

      (vi) without any bulkhead or similar construction between the body and the vehicle cab,

      (vii) without any provision whatsoever upon body or cab or other portions of the vehicle to provide for or permit the loading and carrying of any material otherwise than within the totally permanently enclosed vehicle body,

      (viii) except that vehicle bodies may have side doors at the forward end of the body not larger than 36 inches by 36 inches for loading bulky materials which cannot be loaded through the rear or top loading openings,

      (ix) constructed without doors or openings other than as permitted under subparagraphs (iv) and (viii) above, and

      (x) having all loading openings of the vehicle body supplied with adequate doors or covers tightly fitted against rubber or other suitable gaskets and provided with latches or clamps to keep all doors and covers tightly closed when not in use for loading, leakproof, spillproof and dustproof.

   (2) If a loading hopper is provided to load garbage or rubbish or garbage and rubbish through the top of the totally permanently enclosed body, such hopper and the mechanism and controls by which it is operated to deposit its contents within the totally enclosed body shall be so constructed, maintained, and operated to prevent any of the contents of such a loading hopper from being discharged in any manner, to any extent, at any time, other than into and within the totally permanently enclosed body.

   (3) The body, cab and motor or engine hood of vehicles of Class 1 licensees may be painted any color other than white, beige or any shade thereof which resembles the color of collection vehicles owned or operated by the department.

  1. Class 2 – Vehicle body specifications: Bodies of vehicles of Class 2 licensees shall be either:

   (1) totally enclosed, or

   (2) box type open top with both sides and forward end built up solidly to the full water level loading height,

   (3) constructed either of wood or steel or partly of wood and partly of steel,

   (4) excepting that the forward end of a box type open top body may extend upward above the height of the two sides but only for a sufficient height to protect the cab, and

   (5) provided, however, that whether the vehicle body be totally enclosed or box type open top, each shall be without any provision whatsoever upon the body or cab or other portions of the vehicle to provide for or permit the loading and carrying of any material otherwise than within the totally enclosed body or within the box type open body up to the height of the permanent sides or hinged or stake (removable) sideboards and tailgate; and

   (6) provided further, however, that the tailgate of every box type open top vehicle body shall be always of a height of not less than that of the two long sides including in the height of the sides the height of hinged side boards, if any and of stake (removable) sideboards while in use; and

   (7) provided further, however, that each box type open top vehicle body shall be provided at all times with a heavy tarpaulin cover permanently attached at the front end of the vehicle body, long enough and wide enough to completely cover the vehicle body when fully loaded and extended three-quarters of the way down each side and the rear end or tailgate, having heavy rope or leather or canvas ties at not more than two foot intervals along the bottom of each of the three sides and along the parts of the front end not permanently attached to the vehicle body, and the vehicle body shall have suitable attachments to which to secure the ties of the tarpaulin cover.

  1. Class 3 – Vehicle body specifications: Bodies of vehicles of Class 3 permittees may be either:

   (1) panel type closed, or

   (2) box type open top, or

   (3) platform, or

   (4) stake, or

   (5) rack types,

   (6) provided:

      (i) no material shall be carried on a platform or stake or rack vehicle body excepting when and while it is contained entirely in and within metal or wood or corrugated containers;

      (ii) garbage or rubbish or garbage and rubbish shall be carried in any type vehicle body only when and while all such is contained entirely in and within metal containers; (iii) only materials originated and produced in the business operations of the permittee shall be transported at any time in the vehicles of Class 3 permittees;

      (iv) when containers of materials are carried and transported upon or in box type open top or platform or stake or rack type bodies each and every container shall be tightly covered at all times to prevent any spillage or overflow, or such type body shall be provided at all times with a heavy tarpaulin cover permanently attached at the front end of the vehicle body, long enough and wide enough to completely cover the vehicle body when fully loaded and extend three-quarters of the way down each side and the rear end or tailgate of open top box type or long enough and wide enough to entirely cover the load on platform, stake, or rack types and be fastened to the sides and rear of the platform of any of these latter three types, having heavy rope or leather or canvas ties at not more than two foot intervals along the bottom of each of the three sides and along the parts of the front end not permanently attached to the vehicle body, and the vehicle body shall have suitable attachments to which to secure the ties of the tarpaulin cover; and

      (v) provided further, however, ashes, manure, swill, fats, bones, grease, or uncured hides, or night soil, contents of sinks, privies, vaults, or cesspools, or liquids shall not be carried or transported in the vehicles of Class 3 permittees at any time.

  1. Class 4 – Vehicle body specifications: Bodies of vehicles of Class 4 licensees shall be either:

   (1) totally permanently enclosed of welded steel construction, or

   (2) totally permanently enclosed of wood construction,

   (3) supplied with doors for loading or unloading fitted tightly against rubber or other suitable gaskets and supplied with adequate clamps or latches to keep each door tightly closed at all times when not open for actual loading,

   (4) with body floor constructed to prevent any leakage from materials loaded, handled or thrown upon the floor, and if sump pit be provided, it shall be so constructed and maintained as to prevent leakage or spillage to the streets and to be readily emptied, cleaned and sterilized, provided, however

   (5) that grease shall be carried only within the body and only in metal containers with individual tight fitting metal covers or in built-in leak proof covered metal containers or bins, both types of containers so constructed and maintained as to be readily emptied and thoroughly cleaned and sterilized,

   (6) provided further, however, that Class 4 licensees may use a platform type vehicle body of steel construction upon which are set and carried welded steel containers supplied with either metal covers fitting tightly against rubber or other suitable gaskets with latches or similar locking devices so constructed and maintained to keep the covers tight when container is not being loaded or a heavy tarpaulin cover long enough and wide enough to completely cover the fully loaded containers, tarpaulin to extend down each of the four sides of containers at least one foot, having heavy rope or leather or canvas ties at not more than eight-inch intervals along the lower edges of the cover, and each container having suitable attachments to secure the ties of the tarpaulin cover,

   (7) provided further, however, that Class 4 licensees may use only for chute loading from slaughter houses a box type open top body, having a heavy tarpaulin cover long enough and wide enough to completely cover the top of the vehicle body when fully loaded and extend at least one foot down each side and front and rear end or tailgate, having heavy rope or leather or canvas ties at not more than two-foot intervals along the bottom edges and the body having suitable attachments to secure the ties of the tarpaulin cover,

   (8) provided further, however, that large dead animals may be carried in a box type open top body, having a heavy tarpaulin cover long enough and wide enough to completely cover the vehicle body when fully loaded and extend at least one foot down each side and front and rear end or tailgate, having heavy rope or leather or canvas ties at not more than two-foot intervals along the bottom edges and the body having suitable attachments to secure the ties of the tarpaulin cover,

   (9) provided further, however, that small dead animals shall be carried only entirely within the vehicle body of one of the enclosed types described above in paragraphs (1), (2), (3) and (4) of this subdivision (d),

   (10) and provided further, however, that each and every vehicle body of each Class 4 licensee, in addition to all of the above requirements and descriptions shall be so constructed and maintained at all times so that all materials carried may be readily removed and the entire interior or platform cleaned and sterilized and so as to prevent at all times while on the streets any and all leakage or spillage from or of the material carried.

  1. Class 5 – Vehicle body specifications: Bodies of vehicles of Class 5 licensees shall be either:

   (1) (i) totally enclosed tank type of welded steel construction,

      (ii) having a loading opening in the top and discharge opening in the bottom of the tank,

      (iii) each opening supplied with a welded steel cover or closure with rubber or other suitable gasket making a seal to prevent all spillage or overflow while on the streets,

      (iv) each cover or closure having an opening within it to take the loading or discharge hose,

      (v) each such opening or closure having rubber or other suitable gasket fitted tightly for the full circumference of each hose opening and against each hose to firmly grasp and hold each hose tightly in place when in use,

      (vi) each hose opening provided with cover fitting tightly against the gasket to seal entirely each hose opening when not in use; or

   (2) (i) platform, rack stake, or steel dump trucks upon which is suitably mounted a welded steel tank,

      (ii) having a loading opening in the top and discharge opening at the lower rear,

      (iii) the tank so mounted on the truck body to prevent soiling of the truck body or of the streets,

      (iv) each loading and discharge opening supplied with a welded steel cover or closure tightly fitted against rubber or other suitable gasket making a seal to prevent all spillage or overflow while on the streets,

      (v) each cover or closure having an opening within it to take the loading or discharge hose,

      (vi) each such opening having rubber or other suitable gasket fitted tightly for the full circumference of each hose opening and against each hose to firmly grasp and hold each hose tightly in place when in use,

      (vii) each hose opening provided with cover fitting tightly against the gasket to seal entirely each hose opening when not in use; Provided, however, either type [;(1) or (2) above]; may have in lieu of the covers prescribed for loading and discharge openings suitable valves for these openings which while permitting the insertion of attachment of loading or discharge hose shall be so constructed, maintained, and operated as to make both openings and hose connections tight and leak proof at all times.

  1. Class 6 – Vehicle body specifications. Bodies of vehicles of Class 6 licensees shall be:

   (1) totally permanently enclosed of one of the types prescribed and described,

   (2) each type of welded steel construction,

   (3) entirely leak proof,

   (4) if of the type loaded through the top without using a loading hopper first filled at the lower rear:

      (i) all sides and ends including the rear shall be built up solidly to the full water level height of the box body,

      (ii) loading openings placed in any arrangements or positions as desired, but only in the superstructure of the body above water level of the box body, the door or covers of all openings to be fitted tightly against rubber or other suitable gaskets and having latches or clamps to lock them securely at all times except during loading,

      (iii) the superstructure so constructed above the box body that when the loading openings in it are closed, the superstructure shall entirely enclose and cover the vehicle body above water level,

   (5) if of the type loaded through the top using a loading hopper first fill at the lower rear, such hopper and the mechanism and controls by which it is operated to deposit its contents within the totally enclosed body shall be so constructed, maintained, and operated to prevent any of the contents of such a loading hopper from being discharged in any manner, to any extent, at any time, other than into and within the totally permanently enclosed body,

   (6) if of a type loaded through the sides of the totally enclosed body, the lower level or sill of the side loading door or opening shall be above water level of the entire body,

   (7) if provided with any tailgate or other opening for discharge or unloading, the tailgate or other closure of such discharge or unloading opening shall be fitted tightly against rubber or other suitable gaskets and have not less than four approved type locking devices, manually operated, all to hold the tailgate or other closure fast to the body and keep the discharge or unloading opening water tight and entirely leak proof at all times while the vehicle is on the streets.

§ 5-07 Operations.

(a) Every vehicle shall be maintained, operated, and used at all times only in full compliance with all applicable provisions of law, Federal, State, and local of the Sanitary Code and with all applicable rules and regulations and orders of all authorities, Federal, State and City having jurisdiction in the premises.
  1. Every vehicle shall be loaded at all times in such a manner and by such methods as to prevent the release or discharge of dust and to prevent spilling of materials upon sidewalks or roadways of streets and every operator of a vehicle shall remove immediately from sidewalks or roadways of streets all material spilled, littered, or thrown thereon in loading operations or in the handling and return of receptacles or while traveling.
  2. Materials loaded into vehicles shall be dumped or unloaded and disposed of only at points where disposal of the particular material may be made lawfully.
  3. The open top box type body of vehicle and containers on or in platform or panel type body vehicles shall be filled or loaded only to the limit of the cubic capacity assigned each and in no case above water level of box body or container; and no more than the number of containers called for by the permit or license shall be transported on or in the body of a vehicle transporting materials in containers.
  4. Operators of all types of vehicles shall exercise care at all times to prevent the making of unnecessary or avoidable noise in their operations.
  5. Each open top box type vehicle body shall be loaded only from front to rear and the partial load kept securely and fully covered at all times.
  6. Materials loaded in or upon vehicles shall not be re-worked, re-sorted, picked over, or rehandled while vehicle is on the streets and material shall not be transferred nor re-loaded from a vehicle while on the streets to or into any other vehicle, except that operators of Class 4 vehicles of the totally enclosed walk-in door type may sort materials only within and inside the body, during which periods the door or doors may be kept open. Operators of every class of vehicle shall not work, sort, pick over, or re-handle any materials after removal from the inside of premises served and before loading into vehicle body.
  7. Material shall not be carried at any time upon any vehicle other than solely within the vehicle body or solely within containers on or in the vehicle body when the permit or license applied for and issued is to carry materials in containers.
  8. After materials are dumped for disposal the vehicle body, whatever the type, and each container used, if the permit or license calls for containers,shall be emptied thoroughly and cleared of all loose materials.
  9. Each permittee or licensee shall clean and wash each vehicle and each container thoroughly inside and outside frequently so that each shall present a good appearance and be maintained free of dirt and offensive odors at all times.
  10. Ashes may be transported in Class 1 vehicles, but loads containing ashes will not be accepted for disposal at Department Destructors (incinerators). Except for ashes, Class 1 licensees shall not transport any materials specifically listed in any of the other five classes.
  11. Class 2, Class 4, Class 5, and Class 6 licensees shall each transport only the materials listed for the class for which a license was applied for and issued and no other materials.
  12. Class 3 permittees shall transport only materials originated and produced solely in the business operation of the permittee for which permit was issued and no other materials.
  13. If and when the Department has installed and in use scales at its disposal points and appropriate provision has been made for payment for reception and disposal of materials on a weight basis, the Commissioner reserves the right to require permittees and licensees desiring to use Department disposal points which must be used on a weight basis to pay the costs or fees for weighing each vehicle in the presence of the Commissioner’s representative when the Commissioner determines that Department scales are not available for this purpose.
  14. Bodies of dead animals shall not be dissected outside of the premises from which removed, in the loading process, nor in the vehicle.
  15. All loading hoppers, doors, covers, or other closures of loading openings of all vehicles shall be kept closed and secured at all times excepting during actual loading through the particular opening.
  16. The two plates supplied for each vehicle by the Department of Consumer Affairs shall be kept securely affixed at the lower forward end of the body of the vehicle, one on each side of body, so placed to be visible at all times immediately above the required painted legend as to unladen vehicle weight and cubic capacity. The foregoing shall not apply to Class 3 vehicles nor to platform bodies of Class 4 and Class 5 vehicles. Class 3 vehicles shall affix the plates to sign required by 16 RCNY § 5-02(g) below the legend required by that section. Class 4 and Class 5 vehicles may display the plates either on the chassis or on the cab in a position and manner to make each readily visible.
  17. Each operator of a Class 3 vehicle shall display attached to the vehicle body the sign required by 16 RCNY § 5-02(g) at all times when the vehicle is transporting materials for which the permit was issued.
  18. Class 6 vehicle bodies shall not be loaded and shall not attempt to carry any material at any time above water level.

§ 5-08 Impoundment of Trucks or Vehicles.

(a)  Definitions.

   Commissioner. “Commissioner” shall mean the Commissioner of Sanitation or his authorized representative, the Chief Clerk of the Department.

   Department. “Department” shall mean the Department of Sanitation.

   ECB. “ECB” shall mean the Environmental Control Board of the City of New York.

   Operator. “Operator” shall mean the person operating the vehicle at the time of the dumping in violation of § 16-119 of the Administrative Code of the City of New York.

   Owner. “Owner” shall mean “owner” as defined in Section one hundred twenty-eight and in Subdivision three of Section three hundred eighty-eight of the Vehicle and Traffic Law.

   Person. “Person” shall mean any natural person, firm, copartnership, association or corporation.

  1. Redemption Procedure:

   (1) Upon impoundment of any vehicle by the Department, the Commissioner shall notify the owner of such vehicle by certified mail that such vehicle is being held by the Commissioner. Such notification shall contain a brief description of the vehicle, the office at which an application to redeem the vehicle may be made, and a statement as to the applicable charges, fees, and penalties due.

   (2) Except as specifically provided otherwise by law, whenever the Department impounds any vehicle, such vehicle shall not be released until the vehicle owner has complied with the following:

      (i) submitted proof to the Commissioner, including but not limited to the registration for such vehicle issued by the appropriate agency, establishing to the Commissioner’s satisfaction his or her identity as owner of the vehicle;

      (ii) paid the prevailing removal charge and storage charge as specified in the notification set forth in paragraph (1) of this subdivision for each day or fraction thereof of the impoundment of such vehicle. The storage charge shall be fifteen dollars ($15.00) for each of the first two days, and ten dollars ($10.00) for each additional day thereafter;

      (iii) where the vehicle is impounded pursuant to § 16-119(e) of the Administrative Code, paid a fee of two hundred dollars, or posted a bond or letter of credit in such amount, as payment or partial payment of cleaning costs for the illegally dumped material. If the Department estimates that its cleaning costs will be more than two hundred dollars, the Department may require as a condition of releasing the vehicle that such estimated costs be paid, or that a bond or letter of credit in the amount of such estimated costs be posted, as a condition of releasing the vehicle, provided the owner of the vehicle is notified of the estimated cleaning costs and the basis for such costs in the notification set forth in paragraph (1) of this subdivision. If the Department incurs no cleaning costs, or its actual costs are less than the amount collected by the Department pursuant to this subparagraph, the Department shall reimburse the owner and/or operator any amount collected in excess of the Department’s actual costs. If the Department’s actual cleaning costs are more than the amount paid pursuant to this subparagraph, the owner and/or operator shall be liable for such additional costs as provided for in § 16-119(e) of the Administrative Code. Such cleaning costs shall be determined by the total of the following charges: (A) hourly wages paid to those employees of the Department, including supervisory personnel, for the time actually expended in cleaning, and removing and disposing of the illegally dumped material from the property; (B) costs for the disposal of the illegally dumped material actually removed from the property by Department employees and that is delivered to and received at a Department disposal facility, or another facility that accepts solid waste for the purpose of subsequent transfer to another location for disposal, including the cost incurred by the Department to export the illegally dumped material for disposal out of the City at the time such material was removed from the property, as such cost is fixed contractually between the Department and a vendor providing export services to the Department; and (C) vehicle and equipment charge for any Department vehicle and equipment used to clean and remove the illegally dumped material determined by the fair market rental value of a comparable vehicle or equipment.

      (iv) exhibited proof to the Commissioner that the ECB proceedings against the owner and operator, if the operator does not also own the vehicle, have been disposed of and that applicable penalties, if any, have been paid, or that a bond in the amount of Seven Thousand Five Hundred Dollars ($7,500) has been deposited with the ECB as security for the payment of any penalty prior to the final disposition of the ECB proceedings.

      (v) Notwithstanding the provisions of this paragraph, the Commissioner may, in his or her discretion, waive requirements for payment of the removal charge, storage fee and/or cleaning costs prior to release of the vehicle where such vehicle is owned by a rental or leasing company and no violation was issued to such company or, if a violation was issued, the company has submitted proof that the violation was disposed of in the company’s favor.

   (3) Upon compliance with all of the provisions of paragraph (2) of this subdivision, the Commissioner shall issue a redemption form authorizing the person in whose name it has been issued to redeem his or her vehicle.

   (4) Procedure for Refund of Charges and Fees. In the event that any underlying notices of violation issued to the owner or operator leading to the impoundment of the vehicle are dismissed by the ECB, then such owner shall be entitled to a refund of any fees paid to the Department or any agent of the Department under these rules upon written demand to the Department or agent of the Department, setting forth the amount claimed, the dates upon which such amounts were paid and furnishing a copy of the ECB decision, provided however, that in the event that the owner has been found not liable for the underlying violation leading to the impoundment of the vehicle but the operator has been found liable for such violation, the owner shall not be entitled to a refund of such fees.

   (5) Failure to Redeem Impounded Vehicles. Any vehicle (other than a vehicle for which a forfeiture proceeding has been commenced pursuant to paragraph (2) of subdivision (e) of § 16-119 or paragraph (4) of subdivision (d) of § 16-464 of the Administrative Code) which is not redeemed and removed from City property pursuant to paragraphs (1), (2) and (3) of this subdivision within 10 days following the making of a request by the Commissioner’s representative to remove it shall be deemed to be an abandoned vehicle pursuant to § 1224 of the Vehicle and Traffic Law and shall be disposed of by the Commissioner pursuant to such Law. Such request shall be sent by certified or registered mail, return receipt requested, to the registered owner of the vehicle, at the address contained on the registration of such vehicle.

Chapter 6: Vacant Lots

§ 6-01 Definitions.

Commissioner. “Commissioner” shall mean the Commissioner of Sanitation of the City of New York.

Construction and demolition waste. “Construction and demolition waste” shall mean materials such as the non-putrescible waste products resulting from building demolition, construction, alteration and excavation, including but not limited to dirt, earth, plaster, concrete, rock, rubble, slag, ashes and waste timber and lumber.

Debris and litter. “Debris and litter” shall mean:

  1. any large items of solid waste including but not limited to such items as appliances, furniture, vehicles, auto parts;
  2. construction and demolition waste; and
  3. garbage and refuse.

Garbage and refuse. “Garbage and refuse” shall mean swill and every accumulation of both animal and vegetable matter, liquid or otherwise, that attends the preparation, decay, and dealing in, or storage of meat, fish, fowls, birds or vegetables.

Nuisance. “Nuisance” shall mean anything which is injurious to human health or offensive to the senses; interferes with the comfortable and proper enjoyment of life or property; and affects a community, neighborhood or any considerable number of persons.

Owner. “Owner” shall mean any person, firm, partnership, or corporation in whom the legal title to the property subject to these Rules and Regulations is vested.

Property. “Property” shall mean real property upon which a vacant lot or lots is situated.

§ 6-02 Owner Responsibilities and Liabilities.

Every owner of property shall take whatever action may be necessary to maintain such property in a clean and sanitary condition and free from the accumulation of debris and litter as would constitute a nuisance. In the event that such owner fails to maintain such property in such condition, the Commissioner shall notify such owner in writing of his failure to comply with these rules and regulations. Such notification shall be sent by registered mail to the owner’s address as shown by the records of the Bureau of Collection of the Department of Finance. The notice shall advise the owner that, in the event the owner fails to clean the property within seven days of the date of his notice, the Department may enter upon his property, clean or abate the nuisance and charge him for the cost of such services. Such costs shall be determined by the total of the following charges: a) hourly wages paid to those employees of the Department, including supervisory personnel, for the time actually expended in cleaning, and removing and disposing of the debris and litter from the lot; b) costs for the disposal of debris and litter actually removed from the property by Department employees and which is delivered to and received at a Department disposal facility, or another facility which accepts solid waste for the purpose of subsequent transfer to another location for disposal, including the cost incurred by the Department to export the debris and litter for disposal out of the City at the time such material was removed from the property as such dollar amount is fixed contractually between the Department and a vendor providing export services to the Department; and c) equipment charge for any Department vehicle and equipment used to clean and remove such debris and litter determined by the fair market rental value of comparable vehicle or equipment; and an administrative cost equivalent to ten per cent of the above three charges. The Commissioner may determine that such work may be provided by contract when necessary.

§ 6-03 Commissioner’s Powers.

Nothing contained herein shall be deemed to prevent the Commissioner from acting on any request by the Commissioner of Health made pursuant to § 17-147 of the Administrative Code of the City of New York.

Chapter 7: Enforcement of Certain Matters Within the Jurisdiction of the Environmental Control Board

§ 7-01 Service of Notice of Violations.

Service of a notice of violation of any provisions of the Charter or Administrative Code, the enforcement of which is the responsibility of the Commissioner of Sanitation shall be made in the same manner as is prescribed for service of process by Article three of the Civil Practice Law and Rules or Article three of the Business Corporation Law; or by affixing such notice in a conspicuous place to the premises the occupancy of which caused such violation, provided that such notice may only be affixed where a reasonable attempt has been made to deliver such notice to a person in such premises upon whom service may be made as provided for by Article three of the Civil Practice Law and Rules or Article three of the Business Corporation Law. When a copy has been so affixed, a copy shall be mailed to the person at the address of such premises and if the person designated in the notice of violation is the owner or agent of the building with respect to which such violation was issued and the identity of and an address for such person is contained in any of the files specified in subdivisions (a), (b) and (c) below, a copy of the notice shall also be mailed:

  1. to the person registered with the Department of Housing Preservation and Development as the owner or agent of the building, at the address filed with such Department in compliance with Article 2 of Subchapter 4 of Chapter 2 of Title 27 of the Administrative Code; or
  2. to the person designated as owner or agent of the building or designated to receive real property tax or water bills for the building, at the address for such person contained in one of the files compiled by the Department of Finance for the purpose of the assessment or collection of real property taxes and water charges or in the file compiled by the Department of Finance from real property transfer forms filed with the City Register upon the sale or transfer of real property; or
  3. to the person described as owner or agent of the building, at the address for such person contained in the files of the Department of Sanitation compiled and maintained for the purpose of the enforcement of the provisions of the Charter and Administrative Code over which the Environmental Control Board has jurisdiction.

§ 7-02 Proof of Service.

Proof of such service shall be filed with the Environmental Control Board within twenty days; service shall be completed within ten days after such filing.

Chapter 8: Transport, Storage and Disposal of Asbestos Waste

§ 8-01 Purpose and Intent.

These Rules and Regulations are intended to protect the lives and well-being of the inhabitants of this City against the grave and pervasive danger posed by inhalation of airborne asbestos. Medical studies have established that there is no known safe level of exposure to asbestos and that several life threatening diseases can result from such exposure. They include:

  1. asbestosis, a noncancerous scarring of the lung tissues which can lead to cardiac failure and death;
  2. lung cancer; and
  3. mesothelioma, a rare cancer of the lining of the chest and abdomen. In construing and enforcing the provisions of these Rules and Regulations, it shall be no defense that a person charged with a duty herein who failed to fulfill that duty lacked any of the culpable mental states enumerated in the Penal Law, Section 15.05. The responsibilities herein created are ones of strict liability.

§ 8-02 Definitions.

Asbestos. “Asbestos” means any hydrated mineral silicate separable into commercially usable fibers, including but not limited to the asbestiform varieties of chrysotile, amosite, crocidolite, anthophyllite-asbestos, actinoliteasbestos and tramolite-asbestos, or any combination thereof.

Cause or permit. “Cause or permit” means to contract, agree, authorize, allow or otherwise arrange, either directly or indirectly, with another person.

Commissioner. “Commissioner” means the Commissioner of the New York City Department of Sanitation or his authorized delegate.

Department. “Department” means the New York City Department of Sanitation.

Disposal. “Disposal” means the dumping, depositing, spilling or placing of waste containing asbestos onto or into any land or water so that such waste containing asbestos may enter the environment or be emitted into the air or discharged into any waters including groundwaters. It includes the abandonment of waste containing asbestos at the site of generation or elsewhere.

Friable. “Friable” means material which hand or other mechanical pressure can crumble, pulverize or reduce to powder when dry.

Leak-tight container. “Leak-tight container” means any portable device in which waste containing asbestos is stored, transported, disposed of or otherwise handled which does not permit the escape of visible emissions of asbestos dust into the air. A leak-tight container must bear the following warning:

CAUTION Contains Asbestos Avoid Opening or Breaking Container

Breathing Asbestos is Hazardous to Your Health or another warning label authorized by federal law or regulation. A leak-tight container must be sufficiently durable in nature to withstand penetration of its contents by piercing, chemical disintegration, or otherwise, during its expected use, which may include storage, transport and disposal. For a plastic bag to be deemed a leak-tight container, the plastic must be six mil or thicker, and the bag must be sealed securely with tape or knotted tightly into itself.

Person. “Person” means an individual, trust, estate, firm, joint stock company, corporation (including a government corporation), partnership, association, municipality, commission, political subdivision of a municipality, department or bureau of a municipal government, any intercounty body, or any other legal entity.

Present for disposal. “Present for disposal” means to transport or cause to transport waste containing asbestos to a site for disposal.

Present for storage at the site of generation. “Present for storage at the site of generation” means to complete production of waste containing asbestos. Production is deemed to be completed as to the waste containing asbestos produced, when sufficient waste containing asbestos to fill a single leak-tight container of the type being used at a particular site of generation has been produced, at the end of each work shift, or once each working day, whichever occurs soonest.

Present for storage away from the site of generation. “Present for storage away from the site of generation” means to complete transport of waste containing asbestos from one holding place to another. It refers to the time of arrival at the latter holding place.

Present for transport. “Present for transport” means to move waste containing asbestos away from the site of generation or other storage place out to a street or into a vehicle or a vehicular container and does not end until transport commences.

Site of generation. “Site of generation” means the building, facility or premises at which waste containing asbestos was produced.

Storage. “Storage” means the holding of waste containing asbestos for a temporary period at the site of generation or at another stationary place including a non-moving vehicle or vehicular container at the end of which the waste containing asbestos is moved elsewhere. It commences immediately after presentation for storage.

Transport. “Transport” means the movement of waste containing asbestos by air, rail, ground or water.

Visible emissions of asbestos dust into the air. “Visible emissions of asbestos dust into the air” mean any emissions containing particles of asbestos that are visually detectable without the aid of instruments. This does not include condensed uncombined water vapor.

Waste. “Waste” means any material which has served its original intended use and is customarily discarded, is a manufacturing byproduct and is customarily discarded, or has actually been discarded.

Waste containing asbestos and waste which contains asbestos. “Waste containing asbestos” and “waste which contains asbestos” means any waste which has been produced as a result of any industrial or commercial activity, as long as the material of which such waste is composed is not less than 1% friable asbestos by weight, such as, but not limited to, boilers, pipes, soundproofing, thermal insulation, fireproofing, floor, ceiling or roofing tiles, plaster, beams, girders, walls, ceilings, brake linings, and disposable clothing, equipment and supplies used during the process of removing asbestos.

Wet down. “Wet down” means to saturate waste containing asbestos with water which has been treated, in accordance with the directions of the manufacturer, with a wetting agent.

Wetting agent. “Wetting agent” means a surfactant which, when added to water, will enhance its qualities of penetration and adhesion. It should be 50% polyoxyethylene ester and 50% polyoxyethylene ether, or the equivalent and must not be a hazardous waste as defined in applicable federal and state regulations.

§ 8-03 Presenting for Storage.

No person shall present for storage waste containing asbestos or cause or permit any person to present for storage waste containing asbestos, except in accordance with the provisions of this section.

  1. Any person presenting for storage waste containing asbestos or causing or permitting any person to present for storage waste containing asbestos at the site of generation shall at the time of such presentation:

   (1) wet down such waste containing asbestos in a manner sufficient to prevent all visible emissions of asbestos dust into the air;

   (2) seal or cause to seal while wet such waste containing asbestos in a leak-tight container;

   (3) keep or cause to keep such waste containing asbestos separate from any other waste.

  1. Any person presenting for storage waste containing asbestos or causing or permitting any person to present for storage waste containing asbestos away from the site of generation, shall at the time of such presentation:

   (1) ensure or cause to ensure that such waste containing asbestos has been wet down in a manner sufficient to prevent all visible emissions of asbestos dust into the air and has been sealed while wet in a leak-tight container;

   (2) examine or cause the examination of the leak-tight container holding such waste containing asbestos so as to ensure that there are no visible emissions of asbestos dust into the air or breaks in the container. The examination shall be conducted in a manner reasonably calculated to minimize disturbance of and damage to the leak-tight container. If such examination reveals visible emissions of asbestos dust into the air or breaks in the container, the person presenting for storage the waste containing asbestos or causing or permitting to present for storage the waste containing asbestos shall immediately wet down or cause to wet down the waste containing asbestos and shall immediately thereafter repackage or cause to repackage the waste containing asbestos and the defective container into a leak-tight container so as to prevent further emissions of asbestos dust into the air. Such wetting down and repackaging shall be conducted in a place and manner which minimize potential exposure of the public to asbestos;

   (3) keep or cause to keep the waste containing asbestos separate from any other waste.

§ 8-04 Storage Procedures.

No person shall store waste containing asbestos or cause or permit any person to store waste containing asbestos except in accordance with the provisions of this section.

  1. Any person storing waste containing asbestos or causing or permitting any person to store waste containing asbestos shall:

   (1) ensure or cause to ensure that such waste containing asbestos has been wet down in a manner sufficient to prevent all visible emissions of asbestos dust into the air and has been sealed while wet in a leak-tight container;

   (2) examine or cause the examination of the leak-tight container holding such waste containing asbestos not less than once in every 24 hour period (including non-work periods), so as to ensure that there are no visible emissions of asbestos dust into the air or breaks in the container. The examination shall be conducted in a manner reasonably calculated to minimize disturbance of and damage to the leak-tight container. If such examination reveals visible emissions of asbestos dust into the air or a break in the container, or if such emissions or breaks occur at any other time during storage, the person storing waste containing asbestos or causing or permitting such storage shall immediately wet down or cause to wet down the waste containing asbestos and shall immediately thereafter repackage or cause to repackage the defective container into a leak-tight container so as to prevent further emissions of asbestos dust into the air. Such wetting down and repackaging shall be conducted in a place and manner which minimize potential exposure of the public to asbestos;

   (3) maintain or cause to maintain a supply of spare leak-tight containers adequate to repackage any which may break during storage at each storage location;

   (4) maintain or cause to maintain at each storage location an adequate supply or access thereto of water treated with a wetting agent to wet down the waste containing asbestos in any leak-tight container which may break during storage;

   (5) keep or cause to keep such waste containing asbestos separate from any other waste;

   (6) where the leak-tight container used to store waste containing asbestos is breakable, such as a plastic bag, keep or cause to keep that container within an enclosed, locked area, so as to guard against random acts of entry.

  1. No person shall store or cause or permit any person to store waste containing asbestos in a quantity greater than or equal to 50 cubic yards without authorization from the Department. At least two weeks prior to the commencement of such storage, the person planning such storage or planning to cause or permit such storage shall file or cause to file a written request for authorization of such storage with the Department using as a model the form obtainable from the Department at the address set forth thereon by certified or registered mail. If the Department does not respond within two weeks to the written request for authorization then such storage is deemed authorized. Authorization does not derogate from the duty to fully comply with the provisions of this Section. Authorization from the Department, when otherwise required in this Section, is needed as to each storage location.

   (1) Any person storing or causing or permitting any person to store waste containing asbestos in a quantity greater than or equal to 50 cubic yards shall:

      (i) keep or cause to keep at the storage site a record of each examination required by 16 RCNY § 8-04(a)(2), made contemporaneously with each such examination and signed by the individual who performed each such examination;

      (ii) make available or cause this record to be made available to the Commissioner at his request; and

      (iii) maintain or cause to maintain this record for at least one year after the waste containing asbestos has been disposed.

   (2) If the work giving rise to the storage of 50 cubic yards or more of waste containing asbestos is of a sudden and emergency nature which precludes making a written request for authorization at least two weeks prior to the commencement of such work because compliance with such requirement would threaten the public health and safety due to the delay it would engender, then the person storing or causing or permitting the storage of the waste containing asbestos produced as a result of such work shall file a written request for authorization of such storage as early as possible, using as a model the form obtainable from the Department, at the address set forth thereon, by certified or registered mail.

   (3) If storage of 50 cubic yards or more of waste containing asbestos commenced before the effective date of these Rules and Regulations, then a written request for authorization shall be filed by the person storing or causing or permitting such storage, using as a model the form obtainable from the agency at the address set forth thereon by certified or registered mail no later than one month after the effective date of these Rules and Regulations.

§ 8-05 Presenting for Transport.

No person shall present for transport waste containing asbestos or cause or permit any person to present for transport waste containing asbestos except in accordance with the provisions of this section. Any person presenting for transport waste containing asbestos or causing or permitting any person to present for transport waste containing asbestos shall at the time of such presentation:

  1. ensure or cause to ensure that such waste containing asbestos has been wet down in a manner sufficient to prevent all visible emissions of asbestos dust into the air and has been sealed while wet in a leak-tight container;
  2. examine or cause the examination of the leak-tight container holding such waste containing asbestos so as to ensure that there are no visible emissions of asbestos dust into the air or breaks in the container. The examination shall be conducted in a manner reasonably calculated to minimize disturbance of and damage to the leak-tight container. If such examination reveals visible emissions of asbestos dust into the air or breaks in the container the person presenting for transport the waste containing asbestos or causing or permitting to present for transport the waste containing asbestos shall immediately wet down or cause to wet down the waste containing asbestos and shall immediately thereafter repackage or cause to repackage the waste containing asbestos and the defective container into a leak-tight container so as to prevent further emissions of asbestos dust into the air. Such wetting down and repackaging shall be conducted in a place and manner which minimize potential exposure of the public to asbestos;
  3. keep or cause to keep the waste containing asbestos separate from any other waste; (d) ensure or cause to ensure that the person transporting the waste containing asbestos holds:

   (1) a valid permit issued pursuant to Section 27-0305 of the Environmental Conservation Law of the State of New York, unless the transporter is exempted or excepted pursuant to Section 27-0305; and

   (2) a valid permit or license issued pursuant to §§ 20-332 et seq. of the Administrative Code of the City of New York.

§ 8-06 Transport Procedures.

No person shall transport waste containing asbestos or cause or permit any person to transport waste containing asbestos except in accordance with the provisions of this section. Any person transporting or causing or permitting transport of waste containing asbestos shall:

  1. ensure or cause to ensure that such waste containing asbestos has been wet down in a manner sufficient to prevent all visible emissions of asbestos dust into the air and has been sealed while wet in a leak-tight container;
  2. examine or cause the examination of the leak-tight container holding such waste containing asbestos not less than once in every 24 hour period (including non-work periods), so as to ensure that there are no visible emissions of asbestos dust into the air or breaks in the container. The examination shall be conducted in a manner reasonably calculated to minimize disturbance of and damage to the leak-tight container. If such examination reveals visible emissions of asbestos dust into the air or breaks in the container, or if such emissions or breaks occur at any other time during transport, the person transporting waste containing asbestos or causing or permitting the transport of waste containing asbestos shall immediately wet down or cause to wet down the waste containing asbestos and shall immediately thereafter repackage or cause to repackage the waste containing asbestos and the defective container into a leak-tight container so as to prevent further emissions of asbestos dust into the air. Such wetting down and repackaging shall be conducted in a place and manner which minimize potential exposure of the public to asbestos;
  3. carry or cause to carry a supply of spare leak-tight containers adequate to repackage any which may break during transport on each vehicle used to transport waste containing asbestos;
  4. carry or cause to carry an adequate supply of water treated with a wetting agent to wet down the waste containing asbestos in any leak-tight container which may break during transport on each vehicle used to transport waste containing asbestos;
  5. keep or cause to keep such waste containing asbestos separate from any other waste;
  6. tightly enclose or cause to tightly enclose that portion of the vehicle holding the waste containing asbestos so as to protect it from inclement weather;
  7. hold a valid permit issued pursuant to Section 27-0305 of the Environmental Conservation Law of the State of New York, unless he is exempted or excepted pursuant to Section 27-0305;
  8. hold a valid permit issued pursuant to §§ 20-332 et seq. of the Administrative Code of the City of New York.

§ 8-07 Presenting for Disposal.

No person shall present for disposal waste containing asbestos or cause or permit any person to present for disposal waste containing asbestos except in accordance with the provisions of this section. Any person presenting for disposal or causing or permitting any person to present for disposal waste containing asbestos shall:

  1. do so only at a site approved by the Commissioner for this purpose;
  2. comply with or cause the compliance with all requirements of applicable Department operations orders issued pursuant to § 16-131 of the Administrative Code of the City of New York;
  3. ensure or cause to ensure that such waste containing asbestos has been wet down sufficiently to prevent all visible emissions of asbestos dust into the air and has been sealed while wet in a leak-tight container;
  4. examine or cause the examination of the leak-tight container holding such waste containing asbestos so as to ensure that there are no visible emissions of asbestos dust into the air or breaks in the container. The examination shall be conducted in a manner reasonably calculated to minimize disturbance of and damage to the leak-tight container. If such examination reveals visible emissions of asbestos dust into the air or breaks in the container the person presenting for disposal the waste containing asbestos or causing or permitting to present for disposal the waste containing asbestos shall immediately wet down or cause to wet down the waste containing asbestos and shall immediately thereafter repackage or cause to repackage the waste containing asbestos and the defective container into a leak-tight container so as to prevent further emissions of asbestos dust into the air. Such wetting down and repackaging shall be conducted in a place and manner which minimize potential exposure of the public to asbestos and which are acceptable to the Commissioner;
  5. keep or cause to keep the waste containing asbestos separate from any other waste.

§ 8-08 Asbestos Abandonment Prohibited.

No person shall abandon waste containing asbestos or cause or permit any person to abandon waste containing asbestos under any circumstances whatsoever.

§ 8-09 Applicability of Other Laws and Inconsistency with Them.

These Rules and Regulations do not derogate from any other duties or responsibilities existing under Federal, State or City laws. To the extent they are inconsistent, Federal and State laws shall be controlling.

§ 8-10 Severability.

If any portion of these Rules and Regulations are lawfully determined to be invalid, such determination shall not affect the validity of the remaining portions.

Chapter 9: Tripartite General Orders

Subchapter A: Tripartite General Order No. 1: Approval of Specifications For Paper Bags Used For Containing Uncompacted Refuse and Incinerator Residue; Approval of Specifications For Plastic Bags Used For Containing Uncompacted Refuse; and Approval of Specifications For Containers Used For Containing Compacted Refuse

§ 9-01 Statement of Policy and Intent.

To improve the environment and to improve refuse containment and collection operations, the use of paper bags for containing uncompacted refuse and incinerator residue should be permitted; the use of plastic bags for containing uncompacted refuse should be permitted and the use of containers for containing compacted refuse should be permitted. Accordingly pursuant to Local Law 11 of the Laws of 1971 and to 24 RCNY Health Code § 13-1.11, the Department of Sanitation and the Department of Housing Preservation and Development, and the Department of Health hereby approve the specifications set forth in 16 RCNY § 9-02 for paper bags for containing uncompacted refuse and incinerator residue; hereby approve the specifications set forth in 16 RCNY § 9-03 for plastic bags for containing uncompacted refuse; and hereby approve the specifications set forth in 16 RCNY § 9-04 for containers for containing compacted refuse.

§ 9-02 Specifications for Paper Bags Used for Containing Uncompacted Refuse and Incinerator Residue.

(a) Substance: Paper bags shall be fabricated from wet-strength* kraft paper, wholly extensible or wholly non-extensible or equivalent.
  1. Strength: The non-extensible paper used to construct single-ply or multi-ply bags must have a nominal basis weight of 100 pounds per 500 sheets, each 24 inches by 36 inches, and a minimum basis weight of 95 pounds per 500 sheets, each 24 inches by 36 inches. The extensible or equivalent paper used to construct single-ply or multi-ply bags must have a nominal basis weight of 90 pounds per 500 sheets, each 24 inches by 36 inches, and a minimum basis weight of 85.5 pounds per 500 sheets, each 24 inches by 36 inches. Minimum tensile energy absorptions for dry and wet extensible or equivalent paper used in single and multi-ply bags are set forth in Table I

Table I Minimum Tensile Energy Absorption – Extensible

  Dry Wet
Cross Direction of Paper (Single-ply or Multi-ply) 9.3 ft.lb./sq. ft. 2.7 ft. lb./sq. ft.
Cross Direction Plus Machine Directionof Paper (Single-ply or Multi-ply) 30.8 ft. lb./sq. ft. Not specified

~

Table II Minimum Tensile Breaking Strengths – Non-Extensible

  Dry Wet
Cross Direction of Paper (Single-ply or Multi-ply) 34.0 lbs./in. width 9.0 lbs./in. width
Cross Direction Plus Machine Directionof Paper (Single-ply or Multi-ply) 95.0 lbs./in. width Not specified

~

The method of testing for nominal and minimum basis weight shall be the Tappi Standard Method T-410 which shall be conducted in accordance with Section 4 of Federal Specification UU-S-48-E. Tensile breaking strength and tensile energy absorption tests shall be performed according to Tappi Standard Methods T-404, T-456, and T-494. Wet tensile breaking strength and tensile energy absorption are to be determined by using one inch width specimens that have been immersed in water for two hours at 73 degrees Fahrenheit 3.5 degrees Fahrenheit.

  1. Adhesives: Any Adhesive used for seams and closures must meet the water resistant requirements for Federal Specification UU-S-48-E.
  2. Any tape used on sewn ends of bags shall be 2 1/8 inches wide (1/8 inch minus tolerance unlimited plus tolerance) and shall be made from kraft paper having a nominal basis weight of not less than 70 pounds per 500 sheets each 24 inches by 36 inches.
  3. Thread: The strength of any stitching on the ends of sewn bags shall be not less than that of 12/5 cotton needle and 12/4 cotton looper thread or equivalent.
  4. Capacity: The usable capacity of bags shall not exceed four cubic feet. Measurement of capacity will be determined by the application of the following formula, applying the prescribed measurements of the unfilled bag.

   Cubic Foot Capacity =[T-0.4 (F+G)] [(F+G)]               5425

Where:   T = Inside Tube Tube Length of Bag (in inches)

F = Inside Face Width of Bag (in inches)

G = Inside Gusset Width of Bag (in inches)

No restrictions are made on bag dimensions provided that they do not deviate from the prescribed dimensions by more than the following tolerances:

Width: ±3/16 inch

Bottom: ±3/16 inch

Length: ±1/4 inch

  1. Labelling: On and after January 1, 1971, but prior to April 1, 1971, all bag packaging shall be labeled with an approved logo imprinted or pasted onto the principal panel of all such packaging. On or after April 1, 1971, each bag and all bag packaging shall be labeled with an approved logo marked and imprinted visibly, respectively, along the center of the face of such bag and on the principal display panel of all bag packaging. Such logo shall not be less than one square inch in size. Display of such logo on bags and all bag packaging shall be deemed the manufacturer’s certification that such bags and all bags contained in such packages conform to these specifications and testing pro- cedures. Each bag and all bag packaging 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 bag manufacture. Each bag and retail package of bags shall be prominently marked with the words,”NOT LAWFUL FOR COMPACTED WASTE IN NEW YORK CITY”, in block letters not less than 1/4 inch high.

§ 9-03 Specifications for Plastic Bags Used for Containing Uncompacted Refuse.

(a) Substance: The film from which plastic bags are constructed shall be manufactured from polyethylene or ethylene copolymer resin.
  1. Film Strength: The film used to fabricate plastic bags shall have a dart impact strength at folds and seals not less than 40 grams per 1.0 mil when tested in accordance with ASTM D-1709, Method A.
  2. Film Thickness: The gauge of the film used to fabricate plastic bags shall have an average of no less than 1.5 mils with a point-to-point variation not exceeding 20 percent.
  3. Film Flammability: The film used to construct plastic bags shall be capable of incineration under normal municipal incinerator practices.
  4. Bag Dimensions: From inside or seals, plastic bags shall have a minimum inside circumference of 40 inches and a minimum inside length of 22 inches and a maximum inside circumference of 60 1/2 inches and a maximum length of 37 1/2 inches.
  5. Heat Seal Strength: Any heat seal shall withstand a ten-minute tensile loading of 1 lb./inch of seal without failure in accordance with ASTM F-88-68.*
  6. Slip Coefficient: Plastic bags shall be readily opened by hand and shall have a slip coefficient between 0.1 and 0.25 when tested in accordance with ASTM D-1894.
  7. Closures: Each package of plastic bags shall contain a number of tie closures (at least five inches in length) equal to the number of bags.
  8. Drop Resistance: Plastic bags shall be capable of withstanding a drop of five feet onto smooth concrete when filled with a material having weight density of twenty pounds, per cubic foot, and when securely closed with a twist tie and when tested in accordance with the National Sanitation Foundation test method.**
  9. Labeling: On and after January 1, 1971, but prior to April 1, 1971, all bag packaging shall be labeled with an approved logo imprinted or pasted onto the principal panel of all such packaging. On or after April 1, 1971, each bag and all bag packaging shall be labeled with an approved logo marked and imprinted visibly, respectively, along the center of the face of such bag and on the principal display panel of all bag packaging. Such logo shall not be less than one square inch in size. Display of such logo on bags and all bag packaging shall be deemed the manufacturer’s certification that such bags and all bags contained in such packages conform to these specifications and testing procedures. Each bag and all bag packaging 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 bag manufacture. Each bag and retail package of bags shall be prominently marked with the words, “NOT LAWFUL FOR COMPACTED WASTE IN NEW YORK CITY”, in block letters not less than 1/4 inch high.
  10. Plastic bags larger than the sizes specified in subdivision (e) above shall have an average of no less than 3.0 mils gauge with a point-to-point variation not exceeding 20 percent and shall not exceed an inside circumference of 66 inches and an inside length of 48 inches. The bags exclusive of packaging and ties shall have a minimum weight of 210 pounds per 1,000 bags.
  11. Bag opacity: Plastic refuse bags shall be of high opacity with a minimum reading of 65% as determined by a hazemeter or recording spectrophotometer when tested in accordance with ASTM D-1003.

§ 9-04 Specifications for Containers Used for Containing Compacted Refuse.

(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.
  1. 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 distributer 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 than 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 16 RCNY § 9-04(b).

  1. 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 16 RCNY § 9-04(b).
  2. Containers shall be free of jagged or sharp edges.
  3. Containers shall be of high opacity and not transparent.
  4. Labelling: 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% of the area on which it is marked. But not 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 16 RCNY § 9-04(b). 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 16 RCNY § 9-02 or 16 RCNY § 9-03 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 16 RCNY § 9-04 of the said Tripartite General Order No. 1 shall be as illustrated in Box B on the next page.
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§ 9-05 Requirements for Employment of Bags and Containers Meeting Specifications Set Out in 16 RCNY §§ 9-02, 9-03 and 9-04.

(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.

  1. Containers which meet the specifications approved under this order: shall not contain compacted refuse bound with non-combustible ties.
  2. 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 16 RCNY § 9-04(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 16 RCNY § 9-04(f) as are necessary to determine if a violation of any of the provisions of this order has occurred.

§ 9-06 Amendment and Repeal.

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 City Charter of the City of New York.

Subchapter B: Tripartite General Order No. 2: Approval of Specifications For Waste Containerization Systems

§ 9-11 Purpose and Scope.

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.

§ 9-12 Specifications for Waste Containerization Systems.

(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.
  1. 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.
  2. 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.
  3. Containers shall be compatible in all respects, including without limitation dimensions and loading mechanisms, with the collection vehicles which service them.
  4. 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.
  5. 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.

  1. 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 over swinging;

   (3) be reinforced to prevent bending and warping; and

   (4) completely seal the containers to prevent rodents, insects and other pests from entering.

  1. 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.
  2. 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.

§ 9-13 Amendment or Repeal.

This order may be amended or repealed only upon joint order of the Department of Health, the Department of Housing Preservation and Development and the Department of Sanitation pursuant to § 1043 of the New York City Charter.

Chapter 10: Adjudications

§ 10-01 Conduct of Department of Sanitation Adjudicatory Proceedings.

All adjudications which the Department of Sanitation is authorized by law to conduct may be conducted by a department employee designated by the Commissioner, or the New York City Office of Administrative Trials and Hearings (OATH), as determined by the Commissioner.

§ 10-02 Adjudication Procedures.

Adjudications conducted either by OATH or by the Commissioner’s designee shall be conducted in conformance with the rules and procedures of OATH.

§ 10-03 Findings of Fact and Determinations.

After a hearing has been conducted by OATH or the Commissioner’s designee, the Administrative Law Judges of OATH or the Commissioner’s designee shall make written proposed findings of fact and shall recommend decisions to the Commissioner of the Department who, in the Commissioner’s sole discretion, shall make the final determi- nations.

Chapter 11: Generator Filing Requirements For New York State Department of Environmental Conservation Annual Or Additional Reports and Department of Sanitation Solid Waste Removal Plans Or Amended Plans

§ 11-01 Definitions.

Commissioner. “Commissioner” means the Commissioner of the Department or his/her representative.

Department. “Department” means the Department of Sanitation.

Laboratory waste. “Laboratory waste” means all matter, other than regulated medical waste, that is discarded from clinical, pathological or research laboratory areas at which activities are required to be conducted or supervised by persons licensed by the city or state to provide health, medical, pharmaceutical, or laboratory services.

Other medical waste. “Other medical waste” means laboratory and surgical waste as defined in this section.

Person. “Person” means any individual, partnership, company, corporation, association, firm, organization, or any other group of individuals, or any officer or employee or agent thereof, provided that person shall not mean any individual who generates regulated household waste, and provided further that where a person authorized by law to transport regulated medical waste transports waste pursuant to an agreement with a generator of regulated medical waste or other medical waste, such person shall not be considered an agent of such generator for the purposes of these Rules.

Regulated medical waste. “Regulated medical waste” shall have the meaning set forth in Title 15 of Article 27 of the New York State Environmental Conservation Law, in Title 13 of Article 13 of the New York State Public Health Law, or in § 16-120.1 of the Administrative Code of the City of New York or any rules and regulations promulgated pursuant to such provisions of law.

Solid waste. “Solid waste” means all putrescible and non-putrescible materials or substances, except as described in paragraph (2) of this subsection, that are discarded or rejected including, but not limited to garbage, refuse, waste collected by any business entity required to be licensed or permitted pursuant to Subchapter eighteen of Chapter two of Title twenty of the Administrative Code of the City of New York, rubbish, fires, ashes, contained gaseous material, incinerator residue, discarded automobiles and offal. Such term shall include recyclable materials, as defined in Subdivision (i) of § 16-303 of Chapter one of Title sixteen.

  1. A material is discarded or rejected if it is:

   (i) spent, useless, worthless or in excess to the owners at the time of such discard or rejection;

   (ii) disposed of;

   (iii) burned or incinerated, including material being burned as a fuel for the purpose of recovering useable energy; or

   (iv) accumulated, stored or physically, chemically or biologically treated (other than burned or incinerated) instead of or before being disposed of.

  1. The following are not solid waste for the purpose of this subsection:

   (i) domestic sewage;

   (ii) any mixture of domestic sewage and other waste that passes through a sewer system to a publicly owned treatment works for treatment, except any material that is introduced into such system in order to avoid the provisions of the Title 16 of the Administrative Code of the City of New York, or of state regulations promulgated to regulate solid waste management facilities;

   (iii) industrial wastewater discharges that are actual point source discharges subject to permits under Article 17 of the New York State Environmental Conservation Law; provided that industrial wastewaters while they are being collected, stored or treated before discharge and sludges that are generated by industrial wastewater treatment are solid waste;

   (iv) irrigation return flows;

   (v) radioactive materials that are source, special nuclear, or by-product material under the Federal Atomic Energy Act of 1954, as amended, 42 U.S.C. §§ 2011 et seq.;

   (vi) materials subject to in-situ mining techniques which are not removed from the ground as part of the extraction process;

   (vii) hazardous waste as defined in § 27-0901 of the New York State Environmental Conservation Law, including material containing hazardous waste; and

   (viii) regulated medical waste as defined in title 15 of Article 27 of the New York State Environmental Conservation Law, in Title 13 of Article 13 of the New York State Public Health Law, or in § 16-120.1 of the Administrative Code of the City of New York or any rules and regulations promulgated pursuant to such provisions of law.

Surgical waste. “Surgical waste” means all materials, other than regulated medical waste, discarded from surgical procedures and includes, but is not limited to, disposable gowns, shoe covers, masks, headcovers, gloves and sponges.

§ 11-02 Filing Requirements for Department of Environmental Conservation Annual Report and Department of Sanitation Solid Waste Removal Plans.

(a) Department of Environmental Conservation Annual Report.

   (1) Any person who generates any quantity of regulated medical waste shall file with the Commissioner a copy of any annual reports or additional reports required to be submitted by such person to the Commissioner of the New York State Department of Environmental Conservation (DEC) pursuant to Paragraph d of Subdivision one of § 27-1510 of the Environmental Conservation Law or Paragraph (d) of Subdivision two of Section 1389-bb of the Public Health Law within fifteen days of submission of such reports to the DEC Commissioner.

   (2) The copy of any annual reports and additional reports shall be mailed to:       New York City Department of Sanitation       Bureau of Legal Affairs      Environmental Unit       44 Beaver Street      New York, New York 10004

The filing of any annual reports and additional reports as required by these Rules shall become effective upon receipt of such mailing by the Department.

  1. Solid waste removal plan and amendments.

   (1) Any person who generates regulated medical waste or solid waste shall file with the Department a solid waste removal plan on an annual basis on or by sixty days after the effective date of this Rule or by January 10, 1991, whichever is later, and on or by January 10 of each subsequent calendar year, provided, however, that any person who generates less than fifty pounds (50 lbs.) per month of regulated medical waste shall file such solid waste removal plan on or by January 10, 1990 only and shall amend such plan, where applicable, in accordance with paragraph two of this subsection. Such plan shall be submitted only on a form prescribed by the Department. The submission of a form other than such prescribed form shall not constitute an acceptable filing of the solid waste removal plan. Such plan shall include at a minimum:

      (i) Regulated medical waste and solid waste information:

         (A) the address at which regulated medical waste or solid waste is generated;

         (B) the name, address, if different from subparagraph (A), and telephone number of the person or facility generating regulated medical waste or solid waste;

         (C) the name, title and telephone number of the person-in-charge of the generator facility;

         (D) a description of the type of generator (e.g., hospital, laboratory, veterinary clinic, private clinic);

         (E) a description of the regulated medical waste (e.g., isolation waste, sharps, dialysis waste) generated by the person or facility;

         (F) a description of the solid waste (e.g., other medical waste, office paper, cardboard, metal, plastic, newspaper, wood, food) generated by the person or facility;

         (G) an estimate of the quantity of regulated medical waste generated monthly or received from outside sources monthly;

         (H) an estimate of the quantity of solid waste generated monthly or received from outside sources monthly;

         (I) a description of the method(s) of on-site treatment, if any, undergone by the regulated medical waste;

         (J) the signed and dated certification of the individual completing the form.

      (ii) Regulated medical waste transporter information:

         (A) the name(s), address(es), telephone number(s) of the regulated medical waste transporter and the number of the permit(s) issued pursuant to § 27-1511 of the New York State Environmental Conservation Law held by the transporter of regulated medical waste;

         (B) the name(s), address(es) and telephone number(s) of the disposal site.

      (iii) Solid waste transporter information:

         (A) the name(s), address(es), telephone number(s) of the transporter, and number(s) of the permit(s) issued pursuant to § 20-332 of the Administrative Code of the City of New York held by the transporter of solid waste.

         (B) the name(s), address(es), and telephone number(s) of the disposal site, if known.

   (2) Amended solid waste removal plan. If any of the information contained in the solid waste removal plan completed and submitted as required by these Rules on or by sixty days after the effective date of this Rule or by January 10, 1991, whichever is later, and on or by January 10 of each subsequent calendar year, or any such plan completed and submitted by any person who generates less than fifty pounds (50 lbs.) per month of regulated medical waste on or by January 10, 1991 only, changes during the course of the plan year, or the Commissioner or the Commissioner of the New York City Department of Health requires by rule additional information, the person or facility generating regulated medical waste or solid waste shall file with the New York City Department of Sanitation an amended Solid Waste Removal Plan within fifteen (15) days of such change or such requirement.

   (3) Any completed solid waste removal plan, and, where applicable, any amended solid waste removal plan, shall be mailed to:       New York City Department of Sanitation       Bureau of Legal Affairs       Environmental Unit       44 Beaver Street       New York, New York 10004

The filing of any initial solid waste removal plan and solid waste removal plan amendments as required by these Rules and Regulations shall become effective upon receipt of such mailing by the Department.

   (4) All solid waste removal plans and any amendments thereto required by these Rules to be submitted and completed by any generator of regulated medical waste or solid waste, shall be maintained by such generator for a period of three years from the date of submission of such plans and any amendments thereto for the purposes of being made available for inspection by the Department as authorized by Subdivision g of § 16-120.1 of the Administrative Code of the City of New York.

  1. Failure to file a copy of any annual or additional reports pursuant to subsection a of this section or failure to file a solid waste removal plan or amended plan pursuant to subsection b of this section shall be punishable only by a civil penalty of not less than $50.00 nor more than $250.00 if such annual or additional report or plan or amended plan is filed within thirty days of the filing deadlines set forth in such subsections. In the case where such report or additional report, or any such plan or amended plan is not filed within thirty days of the filing deadlines set forth in subsections a and b of this section, applicable criminal and civil penalties set forth in subdivision i of § 16-120.1 of the Administrative Code of the City of New York shall apply. Civil penalties shall be recoverable in a civil action brought in the name of the Commissioner or in a proceeding before the Environmental Control Board.

Chapter 12: Disposition of Forfeited Vehicles

§ 12-01 Definitions.

Commissioner. “Commissioner” shall mean the Commissioner of Sanitation of the City of New York, or his or her designee.

Department. “Department” shall mean the Department of Sanitation of the City of New York.

Claim. “Claim” shall mean an application submitted to the Department for the delivery of a vehicle pursuant to § 16-119(e) of the Administrative Code of the City of New York (“§ 16-119”) and these Rules.

Claimant. “Claimant” shall mean any person who submits a claim pursuant to these Rules.

Forfeited Vehicle. “Forfeited Vehicle” shall mean any vehicle as to which a judgment of forfeiture pursuant to § 16-119 has been entered by a court of competent jurisdiction.

Ownership Interest. “Ownership Interest” shall mean any legal interest, including a security interest, in any personal property.

Person. “Person” shall mean a natural person, or an organization.

Security Interest. “Security Interest” shall mean an interest as provided for in § 1-201 of the New York Uniform Commercial Code.

Vehicle. “Vehicle” shall mean every device in, upon, or by which any person or property is or may be transported or drawn.

§ 12-02 Request for Information from Department of Motor Vehicles.

Upon notification by the Office of the Corporation Counsel of the City of New York that a judgment has been entered providing for the forfeiture of a vehicle pursuant to § 16-119, the Department shall request from the New York State Department of Motor Vehicles (“DMV”), the names and addresses of all persons possessing an ownership or security interest in the forfeited vehicle.

§ 12-03 Notice of Anticipated Sale.

(a) Upon receipt of such information, the Department shall promptly give notice to each person identified by DMV as possessing a security interest in the forfeited vehicle that such vehicle has been judicially declared forfeit, and consequently that such vehicle is subject to sale by the Department. Such Notice of Anticipated Sale shall set forth or annex documentation indicating the following:

   (1) The caption, court and index number of the action in which the judgment of forfeiture was entered;

   (2) A description of the forfeited vehicle;

   (3) A list of all persons identified by DMV as possessing an ownership or security interest in the forfeited vehicle;

   (4) A statement advising such person of his or her right to submit a claim for the delivery of the forfeited vehicle subject to the provisions of § 16-119 and these Rules and of his or her right to request a hearing on such claim, and that such claim and any request for a hearing must be submitted to the Department within forty-five (45) days of the date of mailing of the Notice of Anticipated Sale;

   (5) A conspicuous warning that failure to timely act to protect their interest may result in the loss of the ownership interest in the forfeited vehicle;

   (6) The date of mailing of the Notice of Anticipated Sale.

  1. The Department shall not be required to send such Notice of Anticipated Sale to any person whose rights were adjudicated forfeited in the action or proceeding in which the judgment of forfeiture was entered, or to any person not identified by DMV as possessing an ownership or security interest in the vehicle.

§ 12-04 Submission of Claims.

(a) Any person with an ownership interest in a forfeited vehicle must submit a claim to the Department in accordance with this section to preserve such interest. Failure to submit a claim, or failure to submit a claim within the time allowed for such claims, shall constitute an abandonment of the vehicle and any ownership interest which such person may have in the forfeited vehicle.
  1. A claim for the delivery of a forfeited vehicle must be received by the Office of General Counsel of the Department no later than forty-five (45) days after the date of mailing of the Notice of Anticipated Sale.
  2. Each claim must include:

   (1) A completed financial disclosure statement in a form prescribed by the Department, which shall identify and document the claimant’s ownership interest in the vehicle; the ownership interest in the vehicle of the party found guilty of or liable for illegal dumping; and the relationship between the claimant and such party.

   (2) A sworn statement indicating whether the claimant, or its officials, employees, agents, or representatives or predecessors in interest, permitted or had knowledge of the use of the forfeited vehicle for illegal dumping;

   (3) A sworn statement indicating whether the claimant, or its officials, employees, agents, or representatives, have ever been convicted of or found liable for illegal dumping.

   (4) A statement indicating whether the claimant requests or waives a hearing on the claim.

  1. The Department may require that a claimant submit further information or documentation. The claimant shall respond to such requests within thirty (30) days of the date of mailing of the request.
  2. All statements submitted by a claimant shall be duly sworn and notarized.
  3. Failure or refusal to timely submit any required information or documentation shall cause the claim to be deemed abandoned and withdrawn.

§ 12-05 Multiple Claims for a Forfeited Vehicle.

If there is more than one claimant for a forfeited vehicle, all claims shall be consolidated and considered together.

§ 12-06 Hearings.

(a) The Department retains jurisdiction to conduct hearings pursuant to § 16-119 and these Rules. The Commissioner may, in his or her discretion, refer matters to the New York City Office of Administrative Trials and Hearings for hearing and recommended decision.
  1. A request for a hearing shall be made at the time a claim is filed, in accordance with subdivision (d)(3)(iv) of these provisions.
  2. If a hearing is requested by a claimant, all claims for the forfeited vehicle shall be referred to a hearing officer, and a hearing scheduled for a date not earlier than ten (10) days thereafter.
  3. The hearing shall be conducted in accordance with the provisions of the New York City Administrative Procedure Act, Section 1046(c) of the New York City Charter.

§ 12-07 Determination of Claim.

(a) If no claimant for a forfeited vehicle requests a hearing, the claim(s) shall be decided by the Commissioner on the basis of the written submissions. The Commissioner shall render a final decision determining each claim for a forfeited vehicle.
  1. If a hearing is conducted, the hearing officer shall forward to the Commissioner a recommended decision setting forth recommended findings of fact and a recommendation as to each claim. The Commissioner shall issue a final decision determining each claim.
  2. Determinations of claim(s) for forfeited vehicles shall set forth:

   (1) the value of the ownership interest which was adjudicated forfeited (“Forfeited Ownership Interest”); and

   (2) the name(s) of the claimant(s), if any, who are entitled to redeem the forfeited vehicle.

  1. Except as otherwise provided by and subject to the requirements of 16 RCNY § 12-08, a claimant shall be entitled to redeem the forfeited vehicle if the Commissioner finds that the evidence establishes that the claimant did not expressly or implicitly permit the use of the forfeited vehicle for the acts constituting the illegal dumping in violation of § 16-119. In making such determination, the following factors, among other things, may be considered:

   (1) Whether the claimant knew or should have known that the person whose interest in the vehicle was forfeited had previously been convicted of or found liable for illegal dumping; and

   (2) What actions were taken by the claimant to ensure that the vehicle was not used for illegal dumping.

  1. A copy of the Commissioner’s final decision shall be sent to each claimant, together with a notice that the Department will deliver the forfeited vehicle to the claimant(s) who are entitled to redeem the vehicle and who redeem the vehicle in accordance with 16 RCNY § 12-08, or the Department will dispose of the forfeited vehicles in accordance with 16 RCNY § 12-09.

§ 12-08 Redemption of Vehicle.

(a) If the Commissioner determines that a single claimant for a forfeited vehicle is entitled to redeem the forfeited vehicle, the Department shall serve, with the Commissioner's final decision, a Notice of Right To Redeem Forfeited Vehicle.
  1. The Notice of Right To Redeem Forfeited Vehicle shall advise such claimant that he or she may redeem the forfeited vehicle within thirty (30) days of the date of mailing of such Notice, but no earlier than seven (7) days from such date.
  2. Such claimant may redeem the forfeited vehicle by tendering a certified check or teller’s check for the total of:

   (1) the amount of the Forfeited Ownership Interest; and

   (2) the amount of the reasonable expenses of the safekeeping of the vehicle between the time the vehicle was impounded and the date of redemption.

  1. Should the Commissioner determine that more than one claimant has a valid ownership or security interest in the vehicle, the Commissioner shall not deliver the vehicle to any such claimant, unless all such claimants tender to the Department a stipulation

   (1) designating a claimant who shall redeem and take delivery of the forfeited vehicle, and

   (2) holding the City of New York, its agencies and officials harmless from any claim of misdelivery of the forfeited vehicle. If no such stipulation and release is tendered, an interpleader action, in which such claimants can adjudicate their right to take delivery of the forfeited vehicle, shall be promptly commenced on behalf of the Department in a court of competent jurisdiction.

§ 12-09 Disposal of Forfeited Vehicle.

(a) If no claim is received by the Department within the time for submission of such claim set forth in § 1204(b), the Department shall dispose of the forfeited vehicles pursuant to § 16-119 and in accordance with the procedures set forth in this section.
  1. If a claim is received by the Department for a forfeited vehicle, the Department shall maintain custody of such vehicle pending the determination of the claim.
  2. If no timely claim for a forfeited vehicle is received by the Department, or if all claim(s) are denied by the Commissioner, or if the vehicle is not redeemed in accordance with 16 RCNY § 12-08, the Department shall give notice of the public sale of the forfeited vehicle by placing an advertisement in a newspaper of general circulation not less than twenty (20) days before the deadline for submission of bids. Such advertisement shall notify the public of:

   (1) the opportunity to submit sealed competitive bids for the purchase of the forfeited vehicle;

   (2) the date by which such bids must be submitted;

   (3) the date, time and location of the public proceeding at which the bids shall be opened.

  1. Any person whose ownership interest in the forfeited vehicle was adjudicated forfeited, or whose claim for delivery of the vehicle was denied, and any officials, employees, agents, representatives, or successors in interest of such person, shall be ineligible to bid for the vehicle, and any such bid shall be rejected.
  2. All timely bids received by the Department shall be opened at a public proceeding. Bidders need not be present at such proceeding. Notice of the winning bid shall be promptly mailed to the winning bidder.
  3. If a tie between two or more bidders occurs, the tied bidders shall submit a new sealed bid within ten (10) days of the date of mailing of the notice of the tied bid. If a tie occurs after the second round of bidding, the winning bid shall be selected among the tied bidders by lottery.
  4. The Commissioner shall reject as inadequate any bid that is not equal to or greater than the N.A.P.A. (“Blue Book”) valuation, or other reasonable estimation approved by the Commissioner of the forfeited vehicle being offered for sale.
  5. If the Commissioner determines that no adequate bids have been timely submitted, the forfeited vehicle shall be retained by the Department for Department use or disposal.
  6. Failure by the winning bidder to tender payment in full within thirty (30) days from the date of mailing of the winning bid shall result in the rejection of the bid. The next highest adequate bid shall then be deemed the winning bid.

§ 12-10 Service of Required Notices.

All notices required by these Rules shall be sent by certified, return receipt mail and regular mail to the address of the person provided by DMV, the claimant, or the bidder, as applicable. Service shall be deemed complete upon mailing.

Chapter 13: Cessation of Operation and Removal and Sealing of Refuse Burning Equipment

§ 13-01 Cessation of Operation and Removal and Sealing of Refuse Burning Equipment.

(a) Prohibition.

   (1) Pursuant to Local Law 39 of 1989, effective June 28, 1993, all owners of refuse burning equipment shall cease the operation of and remove and seal such refuse burning equipment.

   (2) Compliance with prohibition. All such owners shall comply with the prohibition set forth in subdivision (a)(1) by either removal of all auxiliary burners and sealing of all doors to refuse burning equipment, or by conversion of the charging chute for such refuse burning equipment to a refuse chute in accordance with all applicable Department of Buildings laws and rules. For the purposes of this paragraph “sealing” means the removal of incinerator grates and compliance with Subdivision (e) of 1 RCNY § 24-01 of the Rules of Department of Buildings of the City of New York governing fireproofing.

   (3) Unless otherwise required by law, no owner of refuse burning equipment shall be required to install a refuse compacting system upon the cessation of operation and the removal and sealing of such refuse burning equipment.

  1. Request for change in Department of Sanitation collection service.

   (1) If, as a result of the cessation of operation and removal and sealing of refuse burning equipment, the owner of a residential building which contains such equipment and currently receives Department of Sanitation collection service determines that a change from its existing form of collection service (e.g., curbside or containerized collection) is necessary, he/she shall notify the Department of Sanitation in writing no later than June 28, 1993. Such notice shall be addressed to the New York City Department of Sanitation, Office of Collection and Containerization, 125 Worth Street, Room 821A, New York, New York 10013, and shall provide:

      (i) The type of collection service the building is presently receiving (i.e., curbside or containerized). Curbside collection service means placing garbage receptacles at the curb which are then manually serviced by Department of Sanitation personnel. Containerized collection service means placing garbage bags/refuse into a container(s) in an area accessible to a Department of Sanitation mechanized collection vehicle. The owner of the building currently receiving Department of Sanitation collection service shall state whether he/she requests:

         (A) continuation of containerized collection service or eligibility to receive containerized service; or

         (B) continuation of curbside collection service, all requests are subject to Department of Sanitation approval based on availability of collection equipment, facilities, necessary support resources and operational feasibility; and

      (ii) Proof of legal authorization and occupancy for building. The owner of a building currently receiving Department of Sanitation collection shall submit a copy of the certificate of occupancy for such building, or, if such building is not legally required to operate pursuant to a certificate of occupancy, a notarized statement from the building owner stating the number of stories the building contains and the number of families authorized by law to occupy the building.

   (2) Upon the Department of Sanitation’s receipt of the information set forth in subdivision (1) of this section, a Department of Sanitation representative shall visit the subject residential building and determine whether the request for change in collection service should be granted.

   (3) Owners of commercial incinerators which cease to operate and are removed and sealed are required by law to arrange with their private carter for collection of the solid waste which they generate.

  1. Department of Buildings requiremeents for renovation and alteration of refuse and/or chute rooms.

   (1) If an owner of a building containing refuse burning equipment subject to cessation of operation and removal and sealing pursuant to Local Law 39 of 1989, renovates or alters the refuse and/or chute room, by, a method which includes, but is not limited to, the installation of a refuse chute or compactor, such owner shall comply with §§ 27-836, 27-837 and/or 27-875 of the Administrative Code of the City of New York and Department of Buildings Rules governing the construction and maintenance of refuse chutes and refuse rooms.

   (2) Such owner shall obtain authorization from the borough office of the Department of Buildings in which his/her building is located in the form of the alteration application/permit, as required by Articles four, nine, ten and twelve of Subchapter one of Chapter one of Article twenty-seven of the Administrative Code of the City of New York.

   (3) Such owner shall mail a copy of the approved alteration application/permit and a notarized statement that the owner has complied with all applicable rules and laws of the Department of Buildings to: Department of Environmental Protection, Records Control Unit, 59-17 Junction Boulevard, Elmhurst, New York 11373-5107.

  1. Department of Environmental Protection requirements for notice of cessation and removal and sealing of refuse burning equipment. All owners of a building containing refuse burning equipment subject to cessation of operation and removal and sealing pursuant to Local Law 39 of 1989 shall notify the Department of Environmental Protection in writing of such cessation and removal and sealing in accordance with subdivision (f) of § 24-122 of the Administrative Code of the City of New York, and mail such notice to: John Penn, Department of Environmental Protection, Records Control Unit, 59-17 Junction Boulevard, Elmhurst, New York 11373-5107.

Chapter 14: Street Events

§ 14-01 Street Cleaning and the Collection and Disposal of Refuse and Recyclable Materials at Street Events.

(a)  Purpose. In accordance with the rules adopted by the Community Assistance Unit of the Office of the Mayor (Chapter 1 of Title 50 of the Rules of the City of New York), acting through its Street Activity Permit Office, governing the procedure for the submission and review of applications for street activity permits, enacted pursuant to Mayoral Executive Order No. 14 as issued July 31, 1990, superseding a resolution of the Board of Estimate, Cal. No. 47 as adopted July 17, 1980, these rules are established for the purposes of: (1) setting forth the responsibilities of street event sponsors or their representatives and vendors to ensure the sanitation clean-up of street event areas and the collection and proper disposal of refuse and recyclable materials generated during street events, and (2) establishing fees for the cleaning and/or collection and proper disposal of refuse and recyclable materials provided by the department.
  1. Applicability. These rules shall apply to all sponsors of street events who are required to apply for and obtain a street activity permit, and to all vendors participating in street events as specifically provided in subdivision (c) of this section. For the purposes of this chapter, “street event” means any street fair, block party or festival on a public street(s) where such activity may interfere with or obstruct the normal use by vehicular traffic of such street(s). For purposes of this chapter, sponsor shall include any person or entity which provides, organizes or manages a street event, or any representative of such person or entity.
  2. General responsibilities. The responsibilities of sponsors of street events, and vendors participating in street events, are as follows:

   (1) at least three weeks prior to the street event, every sponsor or his or her representative shall meet with the local sanitation district officer to determine the sanitation needs of the event and shall indicate whether the sponsor will organize a volunteer crew, hire a private sanitation crew, or retain the department to provide the cleaning and/or collection and proper disposal of refuse and recyclable materials during and at the conclusion of the street event;

   (2) where food and/or beverage services are sold or offered for sale at the street event, the sponsor or his or her representative shall place at least two receptacles alongside one another behind any barricades placed at each intersection throughout the event area. One receptacle shall be for the public to discard non-recyclable refuse and the other receptacle shall be for the public to discard designated recyclable materials. The department will provide each sponsor with a sufficient number of public refuse receptacles as determined by the department based on availability. The sponsor or his or her representative shall ensure that such refuse receptacles are used only for the purpose of enabling the public to discard refuse. The sponsor or his or her representative shall be responsible for providing his or her own recycling receptacles. All recycling receptacles shall contain retrofitted lids and be labeled legibly in letters not less than three inches in height and in a color contrasting with the color of the receptacle. All recycling receptacles shall be lined with a translucent blue plastic recycling bag having a minimum capacity of 13 gallons and a maximum capacity of 55 gallons, and shall display a label indicating the type of recyclable materials to be deposited therein. The sponsor or his or her representative shall regularly monitor all refuse and recycling receptacles throughout the street event area in order to prevent spillage of refuse and recyclable materials into the street and, to the extent practicable, shall remove any refuse that has been deposited into recycling containers as detected by the sponsor.

   (3) notwithstanding any other provision of law or rule, all sponsors or their representatives must arrange for the collection and recycling of certain recyclable materials generated at street events. Vendors shall source separate the following recyclable materials from all other refuse generated by them, and place such recyclable materials into blue plastic recycling bags having a minimum capacity of 13 gallons and a maximum capacity of 55 gallons:

      (i) (a) metal cans, glass bottles and jars, plastic bottles and jugs, lightly-soiled aluminum foil and aluminum foil products, and

         (b) any other material designated by the Department for street events.

      (ii) In addition to the requirement set forth above, vendors shall flatten all corrugated cardboard generated by them during the event and tie such cardboard with rope or twine in bundles not to exceed eighteen inches in height;

   (4) except as provided for in paragraph nine of this subdivision, sponsors or their representatives and vendors shall bag or bundle separately and securely tie all accumulated refuse and recyclable materials at the end of each night. If the sponsor or his or her representative arranges with the department to provide collection service, the sponsor or his or her representative, or vendor shall place all bagged and/or bundled refuse and recyclable materials at the predetermined location designated by the local sanitation district officer for collection by the department. If the sponsor or his or her representative arranges with a private cleaning crew or organizes a volunteer crew to provide collection service, the sponsor or his or her representative shall be responsible for the storage, collection and disposal of all bagged and/or bundled refuse and recyclable materials;

   (5) sponsors or their representatives and vendors shall ensure that all vending stands are situated back against the curbside and are placed with three feet of unobstructed space between the vending stands, and vending stands located across from one another shall be placed not less than twelve feet apart, including any overhangs. Sponsors or their representatives and vendors shall affix skirts to the lower portion of all vending stands to prevent the accumulation of refuse under the vending stands;

   (6) sponsors or their representatives and vendors shall ensure that no vending stands are placed less than ten feet from any street corner nor shall any vending stands be placed over any curbside catch basin;

   (7) areas around and under the vending stands shall be cleaned at the end of each night;

   (8) food vendors shall not empty any cooking grease into the street or into any curbside catch basin; and

   (9) at the conclusion of the event, sponsors or their representatives and vendors shall ensure that all vending stands are promptly dismantled and the street and sidewalk areas surrounding the vending stand are broom-swept clean and cleared of any litter or other accumulated debris.

§ 14-02 Financial Security Requirements.

(a)  Prior to the final approval of a street activity permit by the Street Activity Permit Office of the Mayor's Community Assistance Unit, every sponsor shall furnish either a cash deposit to the Department, or shall enter into a guaranty agreement in lieu of deposit with the Department by signing a form provided by the Department, wherein the sponsor shall agree to clean and maintain all streets throughout the event area and arrange for the collection and proper disposal of refuse and recyclable materials.

   (1) Cash deposit requirement. A sponsor shall be required to furnish to the Department a cash deposit if:

      (i) the sponsor retains the Department to provide the cleaning and/or collection and proper disposal of refuse and recyclable materials during the event, or

      (ii) the sponsor has not previously held a street event in the city and two of the following conditions exist:

         (A) more than five hundred people are expected to attend the street event;

         (B) the street event will last more than one day;

         (C) the event will span more than one block;

         (D) the event will offer food and/or beverages for sale, or

      (iii) in the opinion of the Department, the sponsor failed to adequately clean an area used by the sponsor for any street event held in the city during any previous year(s).

  1. The sponsor shall remit to the Department a cashier’s check or certified check for the required deposit, as determined by the Department in accordance with 16 RCNY § 14-03, payable to the “Department of Sanitation Special Events Fund.” Such deposit check shall display the name of the sponsor and the application/permit number of the event. The sponsor shall mail the deposit check to:    Deputy Commissioner for Administration    Department of Sanitation    125 Worth Street – Room 702    New York, NY 10013

Failure to make the required deposit payment to the Department within the specified time period shall result in the denial of the sponsor’s application for a street permit.

  1. Guaranty agreement in lieu of deposit. If, in the opinion of the Department, the sponsor adequately cleaned an area in the city during any street event previously sponsored by him or her, or the sponsor does not intend to retain the Department to provide cleaning and collection services, the sponsor shall sign a guaranty agreement in lieu of deposit in a form provided by the Department. Such agreement shall provide that the sponsor will clean and maintain the street event area in a litter-free condition during and at the close of the street event, provide for the collection and proper disposal of refuse and recyclable materials, and reimburse the Department for all costs associated with the cleaning and/or collection and proper disposal of refuse and recyclable materials if, at anytime during the street event or upon its conclusion, the Department had to provide either or both of these services to the street event area as a result of the sponsor’s failure to provide same. Sponsors shall forward the guaranty agreement in lieu of deposit to:    Special Events Office    Department of Sanitation    125 Worth Street – Room 807   New York, New York 10013

§ 14-03 Costs for Department Street Cleaning and/or Collection and Disposal of Refuse and Recyclable Materials.

(a)  Cleaning and collection services provided by the department. Where the sponsor has arranged with the Department to provide both cleaning and collection services during and at the conclusion of the street event, the Department shall charge the sponsor for its cleaning and collection costs based on the number of personnel deployed and the type and amount of equipment used. All rates for sanitation workers who are assigned to the street event area shall be at a minimum of eight hours, computed at double time salary rate, except when a street event occurs on a holiday that falls between Monday through Saturday for which such rate shall be computed at time and one-half. All rates for supervisors and/or district superintendents who are assigned to the street event area shall be at a minimum of eight hours, computed at a time and one-half salary rate, except when a street event occurs on a Sunday for which such rate shall be computed at double time.
  1. Cleaning and collection services provided by a private or volunteer sanitation crew. Where the sponsor retains a private sanitation crew or organizes a volunteer sanitation crew to provide cleaning and collection service during and at the conclusion of the street event but has failed to have the street event area cleaned and/or have all bagged and/or bundled refuse and recyclable materials removed from the street event area, the Department shall charge the sponsor for costs incurred by the Department to clean the street event area and collect all bagged and/or bundled refuse and recyclable materials. All rates for sanitation workers who are assigned to the street event area shall be at a minimum of eight hours, computed at double time salary rate, except when a street event occurs on a holiday that falls between Monday through Saturday for which such rate shall be computed at time and one-half. All rates for supervisors and/or district superintendents who are assigned to the street event area shall be at a minimum of eight hours, computed at a time and one-half salary rate, except when a street event occurs on a Sunday for which such rate shall be computed at double time.
  2. Cleaning service provided by a private or volunteer sanitation crew; collection service provided by department. Where the sponsor retains a private sanitation crew or organizes a volunteer sanitation crew to provide street cleaning service but retains the Department to provide collection service during and at the conclusion of the event, the Department will:

   (1) not charge the sponsor for the collection of bagged and/or bundled refuse and recyclable materials if there are Department personnel assigned to regular tasks within the immediate area of the street event and Department personnel are able to complete their regular tasks within the same working shift;

   (2) charge the sponsor for the collection of bagged and/or bundled refuse and recyclable materials based on the number of hours required to provide collection service at a salary rate of double time in accordance with the number of personnel deployed to the area, together with costs for the type and amount of equipment used by the Department, if:

      (i) there are no Department personnel assigned to regular tasks within the immediate area of the street event; or

      (ii) Department personnel who are diverted to the area to collect all bagged and/or bundled refuse and recyclable materials are prevented from completing their regularly assigned tasks within the same working shift.

   (3) For purposes of this subdivision, “regular task” means a task including, but not limited to, a regular collection route within the immediate area, basket collection, motorized litter patrol, or mechanical broom sweeping.

  1. Notwithstanding the provisions of subdivisions (a), (b), and (c) of this section, the sponsor may deliver its bagged recyclable materials to a designated Department location or facility, or arrange to have all bagged and/or bundled recyclable materials removed by a private recycler or licensed private carter, provided that the sponsor notifies the Chief of Cleaning Operations of the Street Events Office, not less than one week in advance of the street event, that the sponsor will provide for the removal of all bagged and/or bundled recyclable materials generated during the street event.
  2. In addition to cleaning and collection costs, the Department shall charge the sponsor for the cost of the proper disposal of refuse and recyclable materials. For purposes of this chapter, the cost of the proper disposal of refuse and recyclable material means the costs incurred by the Department for the removal of debris and litter actually removed from the street event site by Department employees and which is delivered to and received at a department disposal facility, or another facility which accepts solid waste for the purpose of subsequent transfer to another location for proper disposal, including the cost incurred by the Department to export the debris and litter for disposal out of the City at the time such material was removed from the street event site as such dollar amount is fixed contractually between the Department and a vendor providing export services to the Department.

§ 14-04 Inspection of the Street Event Area.

At least one week prior to the street event, the sponsor or his or her representative and the local sanitation district officer shall designate a pre-determined time to inspect the streets at the end of each night of the street event to determine whether the streets are clean and whether all refuse and recyclable materials have been separately bagged and securely tied or bundled. Following each nightly inspection, the Department will furnish to the sponsor or the sponsor’s representative a form that states the condition of the area, as determined by the Department official, which shall be final and binding. If at anytime during the street event or upon the conclusion of such event the sponsor or a representative is unavailable to inspect the area with the Department official, the determination made by the Department official nonetheless shall be final and binding.

§ 14-05 Reimbursement by Sponsor for the Cleaning and/or Collection and Disposal of Refuse and Recyclable Materials Provided by the Department.

(a)  If during and at the conclusion of the street event the local sanitation district officer determines that the sponsor has cleaned the street event area in an acceptable manner and has removed all bagged and/or bundled refuse and recyclable materials from such area, the Department shall return to the sponsor his or her full deposit no later than eight weeks following the conclusion of the street event.
  1. If at any time during or at the conclusion of the street event the Department provided the cleaning and/or collection and proper disposal of refuse and recyclable materials to the street event area because the sponsor failed to perform same, or if the sponsor had retained the Department to provide the cleaning and/or collection and proper disposal of refuse and recyclable materials during and at the conclusion of the street event, the Department shall deduct the costs of its services from the sponsor’s deposit and will return any outstanding balance to the sponsor. In the event the Department’s total costs exceed the deposit payment, the sponsor shall remit the balance due within seven (7) days of billing by the Department. The Department shall promptly report to the Street Activity Permit Office of the Mayor’s Community Assistance Unit the name of any sponsor, and his or her organization, who has failed to reimburse the Department. Failure to reimburse the Department will result in the denial by the Department of any application for a street permit in the future.

§ 14-06 Notice of Cancellation; Return of Deposit.

(a)  A sponsor who has arranged with the Department to provide the cleaning and/or collection and proper disposal of refuse and recyclable material at the street event and who must cancel a request for such services must notify the Department's Cleaning Operations Office by 12:00 p.m., Monday through Friday, at least seventy-two hours in advance of any such cancellation. If the day by which the Department must receive advance notice of cancellation falls on a Saturday, Sunday or holiday, sponsors must notify the Cleaning Operations Office by 12:00 p.m. on the last business day preceding the Saturday, Sunday or holiday.
  1. Failure to make a timely request for cancellation shall result in a forfeiture of deposit monies held by the Department, less an amount equal to unused equipment costs as determined by the Department. In the event a street event is cancelled due to inclement weather or any other event beyond a sponsor’s control less than 72 hours before the event was scheduled to begin, the Department shall be entitled to retain the sponsor’s deposit less an amount equal to unused equipment costs as determined by the Department.

§ 14-07 Enforcement.

(a) In addition to or as an alternative to penalties prescribed in any other provisions of law or rule, any person who violates any of the provisions of subdivision c of 16 RCNY § 14-01 shall be liable for a civil penalty of not less than fifty dollars nor more than one hundred dollars.
  1. The civil penalties prescribed in paragraph one of this subdivision shall be recoverable in a civil action brought in the name of the Commissioner or in a proceeding returnable before the Environmental Control Board.

Chapter 15: Residential Enforcement Routing

§ 15-01 Designation of Enforcement Routing Hours for Residential Buildings.

(a)  Purpose. The purpose of this chapter is to designate two (2) one-hour periods each day when the Department will conduct citywide enforcement routing for residential premises pursuant to § 16-118.1 of the Administrative Code of the City of New York.
  1. Definition. For purposes of this chapter, “citywide enforcement routing for residential premises” means enforcement by authorized Department representatives of subdivision two of § 16-118 of the Administrative Code of the City of New York, as such subdivision relates to cleaning of sidewalks, flagging, curbstones and roadway areas by owners, lessees, tenants, occupants or persons in charge of residential premises.
  2. Hours of Residential Enforcement Routing. The Department establishes the periods from 8:00 A.M. to 9:00 A.M. and from 6:00 P.M. to 7:00 P.M. as the two (2) one-hour periods during which time the Department will conduct citywide enforcement routing for residential premises.

§ 15-02 Applicability.

This chapter shall apply only to residential premises and shall not apply to commercial premises. The schedule for citywide enforcement routing for commercial premises in effect as of the effective date of this chapter shall continue in effect until such time as such schedule is changed by the Department in accordance with § 16-118.1 of the Administrative Code of the City of New York.

Chapter 16: Advertisements On Private Property

§ 16-01 Definitions.

When used in this subchapter:

Advertisement. “Advertisement” shall mean any paper, card, flyer, pamphlet, handbill, circular, or other written material advertising one or more businesses or soliciting business, which does not contain more than a de minimis amount of news, in that it does not contain any editorial content or information other than material concerning (a) the business or businesses, or (b) services or products offered by the business or businesses. If one or more documents are packaged together (for example, using a plastic bag or wrapper, rubber band, clip or similar device), each document shall be analyzed separately to determine whether it constitutes an “advertisement” under this definition.

Commissioner. “Commissioner” shall mean Commissioner of Sanitation or his or her representative.

Multiple dwelling. “Multiple dwelling” shall have the same meaning as defined in section four of the New York state multiple dwelling law, except that it shall not include a “three family dwelling” as defined in this section.

Person. “Person” shall mean any individual, corporation, partnership, association, firm, trust, estate or any other legal entity whatsoever.

Three family dwelling. “Three family dwelling” shall mean a multiple family dwelling that is owner-occupied and is designed for and occupied exclusively by no more than three families. A three family residence that does not satisfy the requirements of this definition shall be considered a “multiple dwelling” for the purposes of this chapter.

Two family dwelling. “Two family dwelling” shall mean a multiple family dwelling that is designed for and occupied exclusively by no more than two families.

Unsolicited advertisement. “Unsolicited advertisement” shall mean an advertisement placed on private property without being subscribed for, ordered by, or otherwise requested by the owner or a resident at the property.

§ 16-02 Issuance of Notice of Violation; Submission of Property Owner Complaint Form for One, Two or Three Family Dwellings.

(a)  This section shall apply to one, two or three family dwellings. For the purposes of the section "unauthorized placement of an unsolicited advertisement" shall mean placement of one or more unsolicited advertisements on private property where the property-owner has posted, or caused to be posted, in a conspicuous location a sign which is not less than five inches by seven inches in size and which states in legible letters at least one inch in size: "Do Not Place Unsolicited Advertising Materials On This Property".
  1. The department may issue a notice of violation to any person it determines to be responsible for the unauthorized placement of an unsolicited advertisement at a one, two or three family dwelling based upon the submission of a property owner complaint form to the department by the owner of a one, two or three family dwelling. The property owner must complete the complaint form and, as set forth in the complaint form, certify that the information is truthful and accurate, and acknowledge that false statements in the complaint form are punishable under section 210.45 of the New York State Penal Law. The property owner must submit the signed and completed complaint form together with the unsolicited advertisement. If one or more advertisements are bundled and tied together by a rubber band, string, or otherwise, or are bundled and placed inside any outer wrapper, all of the materials must be submitted together with the complaint form.
  2. The owner of a one, two or three family dwelling may obtain a property owner complaint form through the department of sanitation website or by calling the city of New York 3-1-1 action center.
  3. The owner of a one, two or three family dwelling shall mail his or her signed complaint form together with the unsolicited advertisement to: Director of Enforcement c/o Lawn Litter, New York City Department of Sanitation, 1824 Shore Parkway, Brooklyn, New York 11214.
  4. The owner of a one, two or three family dwelling, who has submitted a property owner complaint form resulting in the department’s issuance of a notice of violation, may be called upon to appear at an adjudicatory hearing by the environmental control board for the city of New York for the purpose of testifying in such adjudicatory matter. If the environmental control board determines that the appearance of the property owner is necessary, such property owner shall be contacted so that a date and time for the property owner’s appearance can be arranged.

§ 16-03 Issuance of Notice of Violation; Submission of Property Owner Complaint Form for Multiple Dwellings.

(a)  This section shall apply to multiple dwellings. For the purposes of this section, "unauthorized placement of an unsolicited advertisement at a multiple dwelling" shall mean either of the following:

   (1) one or more unsolicited advertisements are placed on private property at a multiple dwelling where:

      (i) at least one unit owner or lessee of each separate dwelling unit within the building or on the property has agreed to prohibit unsolicited advertisements; and

      (ii) the property-owner has posted or caused to be posted in a conspicuous location a sign which is not less than 5 inches by 7 inches in size and which states in legible letters at least one inch in size: “Do Not Place Unsolicited Advertising Materials On This Property”; or

   (2) one or more unsolicited advertisements are placed on private property at a multiple dwelling in a location other than that specified on a sign at the multiple dwelling, or the number of unsolicited advertisements exceeds the number specified on the sign, where:

      (i) the property-owner has posted or caused to be posted in a conspicuous location a sign which is not less than 5 inches by 7 inches in size and which states in legible letters at least one inch in size i) the number of unsolicited advertisements that may be left on the property and/or ii) a particular location or appropriate receptacle where the unsolicited advertisements may be placed; and

      (ii) if a number of permitted unsolicited advertisements is specified on the sign, the number represents at a minimum every separate dwelling unit in the building where the unit owners or lessees have not consented to prohibit unsolicited advertisements.

  1. The department may issue a notice of violation to any person it determines to be responsible for the unauthorized placement of an unsolicited advertisement at a multiple dwelling based upon the submission of a property owner complaint form to the department by the owner of a multiple dwelling, or the owner’s designated agent. The property owner must complete the complaint form and, as set forth in the complaint form, certify that the information is truthful and accurate, and acknowledge that false statements in the complaint form are punishable under section 210.45 of the New York State Penal Law. The property owner must submit the signed and completed complaint form together with the unsolicited advertisement. If one or more advertisements are bundled and tied together by a rubber band, string, or otherwise, or are bundled and placed inside any outer wrapper, all of the materials must be submitted together with the complaint form.
  2. The owner of a multiple dwelling, or his or her designated agent, who has submitted a property owner complaint form resulting in the department’s issuance of a notice of violation, may be called upon to furnish to the environmental control board for the city of New York a list of all current occupants of each apartment or unit within the multiple dwelling at the time the violation occurred, indicating whether the occupants residing therein at the time of such alleged violation consented to prohibiting the placement of unsolicited advertisements within such multiple dwelling, and how this information was obtained.
  3. The owner of any multiple dwelling, or his or her designated agent, may obtain a property owner complaint form through the department of sanitation website or by calling the city of New York 3-1-1 action center.
  4. The owner, or his or her designated agent, of any multiple dwelling shall mail his or her signed complaint form together with the unsolicited advertisement to: Director of Enforcement c/o Lawn Litter, New York City Department of Sanitation, 1824 Shore Parkway, Brooklyn, New York 11214.
  5. The owner of a multiple dwelling, or his or her designated agent, who has submitted a property owner complaint form resulting in the department’s issuance of a notice of violation, may be called upon to appear at an adjudicatory hearing by the environmental control board for the city of New York for the purpose of testifying in such adjudicatory matter. If the environmental control board determines that the appearance of the property owner or designated agent is necessary, such property owner or designated agent shall be contacted so that a date and time for the property owner or designated agent’s appearance can be arranged.

§ 16-04 Enforcement Agent Authority.

Nothing in this chapter shall be construed to preclude an enforcement agent from issuing a notice of violation based on his or her own observations, or in any other way to limit the authority of any enforcement agent.

Chapter 17: Recovery of Refrigerants

§ 17-01 Definitions.

When used in this chapter:

“Appliance” means any device that contains refrigerants and can be used for household purposes including, but not limited to, room air conditioners, portable air conditioners, dehumidifiers, refrigerators, refrigerator-freezers, water coolers, or freezers.

“Appliance type” means any of the following categories of appliances: air conditioners, dehumidifiers, refrigerators, water coolers, or freezers.

“Brand owner” means a person or entity whose brand name appears on an appliance sold, offered for sale or distributed in the city.

“Manufacturer” means a person or entity who manufactures or has manufactured an appliance sold, offered for sale or distributed in the city.

“Orphaned product” means an appliance for which no brand owner or manufacturer exists.

“Recover” or “recovery” means to remove refrigerants from an appliance in such a way that the refrigerants are not released into the atmosphere pursuant to subpart F of part 82 of title 40 of the code of federal regulations.

“Refrigerants” means any substances consisting in whole or in part of a class I or class II ozone-depleting substance, which are used for heat transfer purposes and provide a cooling effect, including, but not limited, to chlorofluorocarbons, hydro-chlorofluorocarbons, or any other substitute substance as may be defined by the United States environmental protection agency. A class I or class II ozone-depleting substance shall be those substances as defined by the United States environmental protection agency in section 602 of the United States clean air act. A “substitute substance” shall be any environmental protection agency approved replacement for a class I or II ozone-depleting substance in a refrigeration or air-conditioning end-use. Refrigerants shall not include (1) any substance that the administrator for the United States environmental protection agency has determined can be safely vented, released or disposed of pursuant to 42 U.S.C. § 7671g(c)(2) or (2) one or more of the following substances used alone or in combination with other compounds: CFC-11, CFC-12, CFC-113, CFC-114 or CFC-115.

“Residential generator” means any person, entity, agency, or institution in the city of New York that receives solid waste or recycling collection service from the department.

“Responsible party” means (1) a brand owner or (2) a manufacturer.

“Room air conditioner” means any electrical appliance that has a compressor, a condenser, an evaporator and a fan to cool and dehumidify the surrounding air and that is capable in ordinary usage of being mounted in a window or through a wall.

“Serviced by the department” means the recovery of refrigerants by the department from appliances that are set out for department collection in the city of New York and in compliance with applicable federal, state and local regulations.

§ 17-02 Responsibility for Recovery.

(a) On or after July first, two thousand fourteen, responsible parties shall be responsible for the lawful recovery of refrigerants from their appliances that are disposed of by residential generators.
  1. A responsible party may elect to (i) establish its own refrigerant recovery program, (ii) participate with other responsible parties in a refrigerant recovery program or (iii) have its appliances serviced by the department under the department’s refrigerant recovery program. No program established pursuant to paragraph (i) or (ii) of this subdivision may include curbside collection of appliances. All such programs must comply with applicable federal, state and local regulations regarding the lawful recovery of refrigerants.

§ 17-03 Registration Requirements.

(a) By July first, two thousand fourteen, responsible parties must register with the department on a form provided by the department. Such form may be obtained from the department's website or by written request to:

   Bureau of Recycling and Sustainability    ATTN: Refrigerant Recovery Program    New York City Department of Sanitation   44 Beaver Street, 6th Floor    New York, NY 10004

  1. Such registration shall include:

   (1) the name and billing address of the responsible party;

   (2) a statement indicating whether the responsible party has elected to (i) establish its own refrigerant recovery program, (ii) participate with other responsible parties in a refrigerant recovery program, or (iii) have its appliances serviced by the department in the refrigerant recovery program provided pursuant to subdivision a of section 16-482 of the Administrative Code of the City of New York;

   (3) a list of all brand names currently owned by and/or licensed to the responsible party. If a manufacturer licenses the right to market and sell all models of an appliance type from the brand owner, it shall list all such appliance type(s) by brand;

   (4) If a responsible party has elected to establish or participate in a refrigerant recovery program pursuant to paragraph one or two of subdivision b of section 16-481 of the Administrative Code of the City of New York, the registration shall also include:

      (i) the name, title and contact information of the person designated by the responsible party as the liaison for its refrigerant recovery program;

      (ii) a toll-free telephone number and/or the address of a website where residential generators may obtain information regarding the responsible party’s refrigerant recovery program; and

      (iii) a brief description of the responsible party’s refrigerant recovery program.

§ 17-04 Departmental Refrigerant Recovery Program.

(a) The department shall provide a refrigerant recovery program for appliances set out for department collection by residential generators. The department shall charge the responsible party a fee of fifteen dollars for each of their appliances serviced by the department.
  1. The department shall bill responsible parties biannually for their appliances that are serviced by the department. The department shall provide a responsible party with a statement indicating how many of its appliances were serviced by the department. The department shall also provide the responsible party with information indicating the number of the responsible party’s appliances the department serviced by type, the district where the appliances were serviced, the date on which the appliances were serviced, and the serial or model numbers of the appliances serviced by the department. Payment of any fees not challenged in good faith pursuant to paragraph (1) of subdivision (c) of this section shall be due no later than sixty days, plus an additional five days for bills that are mailed for delivery by the United State Postal Service, after the date the department issued the bill. Such date will be included in the bill. The department shall first seek to bill the brand owner and then the manufacturer. However, if a manufacturer that licenses the right to market and sell all models of an appliance type from a brand owner (1) registers with the department as a responsible party, (2) lists any such appliance type on its registration form pursuant to paragraph (3) of subdivision (b) of 16 RCNY § 17-03 and (3) provides the department a billing address within the United States, the department shall first seek to bill the manufacturer/licensee. If the manufacturer/licensee fails to timely pay a bill pursuant to this paragraph, the department may bill the brand owner. If the department determines that an appliance is an orphaned product or the department does not record a serial or model number for the appliance serviced, then no responsible party shall be billed.
    1. No later than sixty days, plus an additional five days for bills that are mailed for delivery by the United States Postal Service, after a biannual bill is issued by the department, a responsible party may submit a challenge in good faith to fees contained in a biannual bill by sending a letter setting forth the specific reasons why the responsible party believes the fees are inaccurate or without legal basis and any necessary documentation or evidence to substantiate the challenge to:

      Deputy Commissioner for Legal Affairs       New York City Department of Sanitation       125 Worth Street, Room 710       New York, NY 10013

   (2) The department shall issue an initial response to any timely challenge submitted by a responsible party within sixty days of receipt. Such initial written response may be, but need not be, the Deputy Commissioner for Legal Affairs’ final determination. If the department does not respond within sixty days, then the responsible party shall not be obligated to pay the disputed fees. The department shall issue a final determination when, in its discretion, it has determined the merit of the challenge. The department shall notify the responsible party of such final determination and shall make any necessary adjustments or corrections to the bill. Any remaining payments shall be due within thirty days after the date of issuance of such final determination.

  1. The department shall provide a list on its website of all responsible parties that elect to (i) establish refrigerant recovery programs, or (ii) participate with other responsible parties in refrigerant recovery programs. Such list shall include a toll-free telephone number and/or a link to the address of a website where residential generators may obtain information regarding the responsible parties’ refrigerant recovery program, if such telephone number or website address has been provided to the department as required by 16 RCNY § 17-03. If the department is aware of any appliance take-back program serving city residents that is sponsored by a utility company, it shall provide on such list a link to the address of the website for such utility-sponsored program.

§ 17-05 Annual Reporting.

(a) By July first, two thousand fifteen and annually thereafter, a responsible party who elects to (i) establish its own refrigerant recovery program or (ii) participate with other responsible parties in a refrigerant recovery program shall submit to the department an annual report on a form provided by the department. Such form may be obtained from the department's website or by written request to:

   Bureau of Recycling and Sustainability    ATTN: Refrigerant Recovery Program    New York City Department of Sanitation    44 Beaver Street, 6th Floor    New York, NY 10004

  1. A responsible party’s annual report shall include:

   (1) a brief description of the responsible party’s refrigerant recovery program and any changes thereto;

   (2) a listing of the responsible party’s current brand names;

   (3) the number of appliances by appliance type and the total tonnage of appliances by appliance type serviced under the responsible party’s refrigerant recovery program; and

   (4) the volume of refrigerants by refrigerant type recovered under the responsible party’s refrigerant recovery program.

§ 17-06 Enforcement.

(a) It shall be a violation of this section for a responsible party to fail to submit a registration or annual report required by this chapter. Any such violation shall be punishable by a fine of two hundred fifty dollars per violation.
  1. It shall be a violation of this section for a responsible party or its agent to remove refrigerants from appliances that are serviced pursuant to a responsible party’s refrigerant recovery program in a manner that does not comply with subpart F of part 82 of title 40 of the code of federal regulations. Any such violation shall be punishable by a fine of five hundred dollars per violation.
  2. It shall be a violation for any responsible party or its agent to dispose of an appliance as solid waste in the city unless arrangements have been made for the lawful recovery of refrigerants. Any such violation shall be punishable by a fine of five hundred dollars per violation.
  3. The civil penalties prescribed in this subdivision shall be recoverable in a civil action brought in the name of the Commissioner or in a proceeding returnable before the Environmental Control Board.

Chapter 18: Publicly Accessible Collection Bins

§ 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.
  1. 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

  1. 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).

  1. 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.
  1. 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

  1. 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.
  1. 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.
  1. 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.
  1. 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.
  2. 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.
  3. 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.
  4. 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.

Chapter 19: Penalty Schedule

§ 19-101 Definitions.

Default penalty. “Default penalty” shall mean the penalty imposed by the Office of Administrative Trials and Hearings acting pursuant to Section 1049-a of the Charter of the City of New York in accordance with subparagraph (d) of paragraph one of subdivision d of Section 1049-a of such Charter.

§ 19-102 General.

(a) Unless otherwise indicated, all citations are to the New York City Administrative Code.
  1. Sections marked with an asterisk (*) indicate that a repeat violation is:

   (1) a violation by the same respondent of the same section of law; and

   (2) a violation that occurred within 12 months of the dates of 12 or more violations issued to the same respondent; and

   (3) a violation that occurred at the same place of occurrence as the previous 12 violations.

  1. Sections marked with two asterisks (**) indicate that a second or third violation is:

   (1) a violation by the same respondent of the same section of law as the previous violation(s); and

   (2) a violation that occurred within 12 months of the date of the last violation issued to the same respondent.

§ 19-103 Sanitation Penalty Schedule.

Chapter 20: Commercial Waste Zones

Subchapter A: General

§ 20-02 Commercial waste zones.

  1. The geographic area of the city of New York shall be divided into 20 commercial waste zones as follows:

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Lower Manhattan Community district 101
Manhattan Southwest Community district 102
Manhattan Southeast Community districts 103, 106
Midtown South The geographic area of community district 105 south of 37th Street
Midtown North The geographic area of community district 105 north of 37th Street
Manhattan West Community districts 104, 107, and commercial establishments located on Central Park West
Manhattan Northeast Community district 108, excluding Roosevelt Island, community district 111, and Central Park (Joint Interest Area 64), excluding commercial establishments located on Central Park West
Upper Manhattan Community districts 109, 110, 112
Bronx West Community districts 201, 203, 204, 205, 206, 207, 208, Van Cortlandt Park (Joint Interest Area 26), and Bronx Park (Joint Interest Area 27)
Bronx East Community districts 202, 209, 210, 211, 212, and Pelham Bay Park (Joint Interest Area 28)
Brooklyn North Community districts 301, 303, 304
Brooklyn West Community districts 302, 306, 307
Brooklyn East Community districts 305, 308, 309, 316, 317, 318, Prospect Park (Joint Interest Area 55), and Brooklyn Gateway National Recreation Area (Joint Interest Area 56)
Brooklyn Southwest Community districts 310, 311, 312
Brooklyn South Community districts 313, 314, 315
Queens West Community districts 401, 402, and Roosevelt Island
Queens Central Community districts 403, 404, 405, 406, LaGuardia Airport (Joint Interest Area 80), and Forest Park (Joint Interest Area 82)
Queens Northeast Community districts 407, 408, 411, and Flushing Meadows-Corona Park (Joint Interest Area 81)
Queens Southeast Community districts 409, 410, 412, 413, 414, JFK International Airport (Joint Interest Area 83), and Queens Gateway National Recreation Area (Joint Interest Area 84)
Staten Island Community districts 501, 502, 503, and Staten Island Gateway National Recreation Area (Joint Interest Area 95)

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