Section 16-201
§ 16-201 Facility assignment. a. The commissioner is authorized and
empowered to promulgate regulations and procedures for the management on
a city-wide basis of all solid waste generated or disposed of within the
city and to supervise and regulate the transportation and disposition of
all solid waste generated or disposed of within the city pursuant to the
standards established herein, provided that no regulation shall abridge,
impair or restrict any bona fide firm contracts for the purchase or
delivery of solid waste for resource recovery entered into between
private parties prior to the date at which final notice of regulations
is filed with th city clerk, and that any such regulations are
accompanied by a justification of such regulations that demonstrates
either:
(1) That regulating privately collected solid waste or a portion of
such waste, whether by waste origin, destination, type or by any other
reasonable basis will, in the opinion of the commissioner, help
facilitate the construction, expansion, rehabilitation or operation, by
or for the city, of a solid waste recovery and management facility, or
will help the city discharge its responsibilites with respect to the
management, including trasportation and disposition, on a city-wide
basis, of all solid waste generated or disposed of within the city, or
(2) That a declaration of imminent peril to the public health has been
authorized by the board of health and such situation can be addressed or
prevented by regulating the disposal of privately collected waste.
b. The commissioner may assign to persons who collect or dispose of
solid waste a solid waste recovery and management facility or facilities
at which such persons shall deliver such waste. The commissioner may
assign days and hours when such persons shall use such facilities, and
may limit or prohibit collection truck traffic on particular streets or
limit such traffic to certain hours of the day.
c. The commissioner shall weigh as one critical consideration in his
ultimate determination of specific site assignments for disposal, the
minimization of solid waste disposal vehicle traffic and transportation
cost on city streets and roadways.
d. The commissioner shall further consider the following objectives in
determining facility assignments:
(1) meeting the daily operating capacity requirements of each resource
recovery facility and minimizing overloading of facilities:
(2) extending the useful life of existing municipal landfills;
(3) ensuring the economic viability of resource recovery facilities
processing waste generated within the city;
(4) ensuring that unacceptable wastes do not enter facilities;
(5) meeting any contractual obligations required under any resolution
or resolutions authorizing the issuance of bonds for solid waste
recovery and management facilities, or entered into pursuant to chapter
five hundred sixty of the laws of nineteen hundred eighty;
(6) achieving uniform deliveries and minimizing congestion and dumping
delays at facilities.
e. The commissioner shall exercise due diligence in notifying each
person assigned to a facility of a scheduled closing of such facility by
certified mail at least seventy-two hours prior to such closing. Such
notification shall include the expected duration of the closing and
assignments to alternative facilities and days and times of such
assignments.
f. The commissioner shall exercise due diligence in notifying persons
assigned to a facility of an emergency closing of a facility or any
emergency during which facilities are not available. Unless the
commissioner provides alternative facilities persons assigned to a
closed or unavialable facility may arrange alternative means of disposal
during the closing or unavailability of such facilities.
Section 16-202
§ 16-202 Waste acceptability. a. The commissioner shall promulgate a
list of facilities and solid wastes accepted and not accepted at each
such facility.
b. Solid wastes not acceptable at certain or all facilities may
include, but need not be limited to, the following:
(1) solid wastes that may adversely affect the health or safety of
facility employees or damage facility equipment:
(2) wastes designated as hazardous wastes pursuant to the federal
resource conservation and recovery act of 1976, as amended, and
regulations promulgated pursuant thereto and titles seven and nine of
article twenty-seven of the New York environmental conservation law and
regulations promulgated pursuant thereto;
(3) wastes designated as hazardous air pollutants pursuant to section
one hundred twelve of the federal clean air act, as amended, and
regulations promulgated pursuant to such act;
(4) sewage sludge or containerized or free liquids;
(5) bulk wastes of a size or dimension too cumbersome for the
efficient burning at incinerators or resource recovery facilities;
(6) any or all classes of regulated medical waste or other medical
waste as defined in section 16-120.1 provided that such list be
consistent with such section.
Section 16-203
§ 16-203 Charges. a. The rates for use of facilities provided by or
for the department shall be fixed by the board of estimate upon the
recommendation of the commissioner, who shall require persons assigned
to such facilities to pay such rates.
b. The rates shall be sufficient, when added to other waste disposal
and resource recovery revenues and to the value to the department of its
proportionate use of all facilities comprising the solid waste
management system of the city, as determined by the commissioner, to
provide for all expenses of transportation, land acquisition,
construction, equipment, operations including enforcement,
administrative and insurance costs, maintenance, expansion, replacement,
financing and reasonable reserves therefore and any other costs that may
be required for the financing or completion of facilities, equipment or
land to be used for furnishing solid waste management services. The
commissioner may from time to time recommend and the board of estimate
may prescribe changes in rates, provided that such changes shall be
based on changes in the cost of furnishing solid waste management
services.
c. The rate for each facility may be fixed so as to vary according to
volume, location of facility assignment, or weight, type, character or
difficulty of storing, processing or disposing of the solid waste, or
other factors relating to economic efficiency or allocation of resources
and may not discriminate between classes of users. The commissioner
shall state the basis for establishing such varying rates in the
commissioner's recommendations to the board of estimate.
d. The commissioner shall notify by mail all persons assigned to use
facilities of the first meeting of the board of estimate at which any
resolution fixing or changing such rates is scheduled to be considered.
Such notice shall be mailed at least thirty days prior to such board of
estimate meeting and shall include the proposed rates or rate changes.
Failure to provide such notice shall not affect the validity of such
rates.
e. The commissioner may collect charges in such manner as he
determines shall minimize burdens and costs of the department, provided
that the commissioner shall also consider burdens and costs of persons
assigned to facilities.
Section 16-204
§ 16-204 Recordkeeping and filing requirements. Each person assigned
to a facility or facilities shall submit to the commissioner an annual
report on such date as the commissioner shall determine, in a form
established by the commissioner, which provides information required by
the commissioner to plan, develop, maintain and operate facilities and
provide waste management services. Such information shall include but
not be limited to daily solid waste volumes and general composition or
character of wastes by each vehicle route to and from facilities.
Section 16-205
§ 16-205 Variances. a. There shall be in the department a solid waste
management board consisting of the commissioner, the commissioner of
consumer affairs and the executive director of the office for economic
development, all of whom shall serve on the board without compensation
and all of whom shall have the power to exercise or delegate any of
their functions, powers and duties as members of the board. Such board
may grant variances from a regulation or modify assignments or rates of
the commissioner involving the transportation, storage, processing or
disposal of solid waste when such board finds that such regulation or
order would impose unreasonable economic hardship. The specific terms of
any variance granted shall be determined by such board on a case by case
basis. Any person seeking a variance shall do so by filing with such
board a petition for variance in a form prescribed by such board. Such
forms shall document the need for a variance.
b. Exemptions from formal variance request procedures may be made for
day-to-day operational hardships such as equipment failure. The
commissioner may grant temporary facility and time assignment variances
to persons who report such hardships to the commissioner. Proof of
hardship must be submitted to the commissioner within the time frame set
by the commissioner. Subsequent exemptions may be withheld for failing
to submit proof of hardship for any prior request.
Section 16-206
§ 16-206 Enforcement proceedings. a. The commissioner shall issue a
notice of violation returnable to the environmental control board to any
person violating a provision of this chapter or any regulation
promulgated by the commissioner pursuant to this chapter.
b. The environmental control board shall impose penalties as provided
in subdivisions c and d.
c. Each violation, whether committed on the same or a subsequent date,
shall be deemed a separate violation and be punishable by a penalty.
SCHEDULE OF PENALTIES FOR SPECIFIC VIOLATIONS
Failure to submit accurate and
timely annual report pursuant to
section 16-204 up to $1,000.00
Use of restricted streets or use
of streets during restricted time
periods as established pursuant
to section 16-201 up to $100.00
Delivery of waste to an unauthorized
facility in violation of assignments
made pursuant to section 16-201 up to $300.00
Delivery to a specific facility of
waste classified as unacceptable for
that facility in violation of
regulations promulgated pursuant to
section 16-202 up to $300.00
Delivery to a specific facility of
waste classified as unacceptable
which may have an adverse effect
on the health and safety of facility
employees or which may damage
equipment in violation of regulations
promulgated pursuant to section 16-202 up to $10,000.00
Delivery of waste classified as
hazardous in violation of regulations
promulgated pursuant to section 16-202 up to $10,000.00
Delivery of waste classified as
regulated medical waste or other
medical waste in violation of
regulations promulgated pursuant
to section 16-202 up to $10,000.00
d. Violations not listed in subdivision c may be punishable as
determined by the environmental control board by a penalty not to exceed
ten thousand dollars.
e. Any person violating a provision of this chapter or any regulation
promulgated by the commissioner pursuant to this chapter shall also be
liable for any costs or expenses that may be incurred by the city as a
result of such violation.
Section 16-207
§ 16-207 Regulations. a. The commissioner, upon the recommendation of
the solid waste management board and upon the approval of the board of
estimate, may exempt that portion of privately collected solid waste
from all or some provisions of any regulations for such period of time
as is necessary and appropriate up to forty years, if the regulation of
that solid waste will materially and adversely interfere with the
development, financing or operation of any resource recovery facility
owned or operated or being developed privately. Any person seeking an
exemption shall do so by filing with the solid waste management board a
petition for exemption in a form prescribed by such board. Such form
shall document the need for an exemption. The effective date of any
exemptions granted may be withheld until a bona fide, firm, long-term
contract has been executed for delivery of such solid waste to a safe
and reliable facility and copy of such contract has been received by the
solid waste management board.
b. In the event that any resource recovery facility owned or operated
privately fails to adequately process or dispose of solid waste and such
facility does not provide for alternate storage, processing or disposal,
the privately collected solid waste exempted from regulation and not
disposed by the facility may be made suject to any regulation for which
it had been exempted.
c. (1) Nothing herein shall be construed to prohibit or limit private
collectors from extracting from the waste they collect materials that
have value to such collectors for the purposes of recycling, reuse or
resale.
(2) Any regulations promulgated shall not limit the amount or type of
solid waste utilized by any person for the purposes of composting,
materials recovery from solid waste, or operation of a recycling center.
d. Such regulations shall make reasonable accommodation to permit
persons to deliver solid waste to recycling facilities or permitted
transfer facilities for the sole purpose of materials reclamation or
volume reduction, provided, however, that nothing contained herein shall
materially impair the authority of the commissioner to enforce the
regulation of the residual solid waste resulting from such reclamation
or volume reduction activities in accordance with this chapter.
Section 16-208
§ 16-208 Publication of regulations. Notwithstanding any inconsistent
provisions of section eleven hundred five of the charter, the
regulations promulgated pursuant to this chapter shall be promulgated
pursuant to the procedures set forth in this section. The commission
shall:
a. publish notice of the proposed regulations in at least two
newspapers of general circulation, the city record, and at least one
industry journal:
b. allow a sixty day period to receive comments on such proposed
regulations and an additional ten days to review such comments before
publishing a final notice of such regulations:
c. at least one hundred eighty days prior to the effective date of
such regulations, submit to the city clerk final notice of such
regulations, together with a set of the comments filed pursuant to this
section, findings related to material substantive elements in such
comments, and a justification for the necessity of such regulations; and
d. amend such regulations pursuant to section eleven hundred five of
the charter.
Section 16-209
§ 16-209 Definitions. As used in this title: a. "Solid waste" means
all materials or substances discarded or rejected as being spent,
useless, or worthless, including but not limited to garbage, refuse,
industrial and commercial waste, sludges from air or water pollution
control facilities or water supply treatment facilities, rubbish, ashes,
contained gaseous material, incinerator residue, demolition and
construction debris and offal, but not including sewage and other highly
diluted water-carried materials or substances and those in gaseous
forms.
b. "Solid waste recovery and management facility" or "facility" means
any facility, plant, works, system, building, structure, improvement,
machinery, equipment, fixture or other real or personal property which
is to be used, occupied or 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 recycling centers,
transfer stations, baling facilities, rail haul or barge haul
facilities, processing systems, resource recovery facilities or other
facilities for reducing solid waste volume, sanitary landfills, plants
and facilities for compacting, composting or pyrolization of solid
wastes, incinerators, and other solid waste disposal, reduction or
conversion facilities. For the purpose of this title, solid waste
recovery and management facilities include solid waste recovery and
management projects as defined in subdivision two of section 51-0903 of
the environmental conservation law.
c. "Person" means any governmental body, except the city of New York,
public corporation or authority, private corporation, partnership or
individual engaged in the business of removing, disposing of, conveying
or transporting upon the streets, public places or bridges, or over the
ferries in the city of solid waste.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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