Section 16-101
§ 16-101 Definitions. When used in this title the following terms
shall have the following meanings:
(1) "Department" shall mean the department of sanitation.
(2) "Commissioner" shall mean the commissioner of sanitation.
(3) "Street" includes street, avenue, road, alley, lane, highway,
boulevard, concourse, driveway, culvert and crosswalk, and every class
of road, square and place, and all parkways and through vehicular park
drives except a road within any park or a wharf, pier, bulkhead, or slip
by law committed to the custody, and control of the department of ports
and terminals.
Section 16-102
§ 16-102 Secretary. The commissioner shall appoint and at pleasure may
remove a secretary of the department.
Section 16-103
§ 16-103 Uniformed forces. The commissioner, from time to time, shall
prescribe distinctive uniforms, badges and insignia to be worn and
displayed by members of the uniformed force and prescribe and enforce
penalties for the failure of any member of such force to wear and
exhibit the same while engaged in the performance of his or her duties.
Section 16-104
§ 16-104 Records. All transactions of the commissioner and all
documents and records in the possession of the department shall be
matters of public record and open to public inspection, except such
documents and records as shall be prepared by or for counsel for use in
actions or proceedings to which the city or commissioner is a party.
Section 16-105
§ 16-105 Drivers or sweepers; temporary employment of. Any person
registered or eligible to appointment as a driver, or as a sweeper, may
be employed temporarily at any time as an extra driver or sweeper to
replace a driver or sweeper who is suspended or temporarily absent from
duty for any cause. The driver or sweeper whose place is so filled shall
not receive any compensation for the time during which he or she is so
absent from duty or his or her place is so filled, unless such absence
results from injury or illness caused by service in the department.
Section 16-106
§ 16-106 Removal and suspension of employees. a. The commissioner, in
his or her discretion, shall have power to punish any member of the
uniformed force who has been guilty of:
1. any legal or criminal offense,
2. neglect of duty,
3. violation of rules,
4. neglect or disobedience of orders,
5. incapacity,
6. absence without leave,
7. conduct injurious to the public peace or welfare,
8. immoral conduct, or
9. any breach of discipline,
by forfeiting or withholding pay for a specified time, not exceeding
thirty days; by suspension, without pay during such suspension, for a
period not exceeding thirty days; or by dismissal from the force. The
commissioner may withhold pay, salary or compensation from any member or
members of the force for absence for any cause without leave.
b. All pay deducted or forfeited under the provisions of this section
shall be retained by the commissioner of finance to the credit of the
department, and shall be applicable, in the discretion of the
commissioner, to any of the purposes of such department as if originally
appropriated therefor.
c. A member of the department shall be dismissed only after he or she
has been informed of the cause of the proposed dismissal and has been
allowed an opportunity of making an explanation.
d. In the event of the dismissal of any member of the force, he or she
shall have the right to a review of the action of the commissioner or
his or her deputy by certiorari or other appropriate remedy. Upon being
successful in such proceeding, he or she shall be entitled to be
re-instated and to receive full pay during the time of his or her
suspension or dismissal from office.
e. When and as soon as a member of the uniformed force has been fined,
suspended or dismissed, the true cause for such fine, suspension or
dismissal shall be entered in writing in a book to be kept for that
purpose by the commissioner.
Section 16-107
§ 16-107 Leaves of absence. a. A leave of absence to any member of the
uniformed force shall not exceed twenty days in any one year, in
addition to any vacation period, except upon condition that such member
shall waive or release not less than one-half of all salary, pay or
compensation and claim thereto, or any part thereof, during such
absence.
b. Absence without leave of any member of the uniformed force for five
consecutive days shall be deemed and held to be a resignation, and at
the expiration of such period the member so absent shall cease to be a
member of such force and may be dismissed therefrom without notice.
Section 16-108
§ 16-108 Salary during absence from duty by injury or sickness. Each
person employed in the sanitation service classification of the
classified civil service shall be paid full pay or compensation during
absence from duty caused by injury or sickness, except as otherwise
provided by law, and subject to such rules and regulations as may be
adopted by the commissioner.
Section 16-108.1
§ 16-108.1 Receipt of line of duty pay.
a. A member of the uniformed force of the department of sanitation
shall be entitled pursuant to this section to the full amount of his or
her regular salary for the period of any incapacity due to illness or
injury incurred in the performance and discharge of duty as a member of
the uniformed force, as determined by the department.
b. Nothing in this section shall be construed to affect the rights,
powers and duties of the commissioner pursuant to any other provision of
law, including, but not limited to, the right to discipline a member of
the uniformed force by termination, reduction of salary, or any other
appropriate measure; the power to terminate an appointee who has not
completed his or her probationary term; and the power to apply for
ordinary or accident disability retirement for a member of the uniformed
force.
c. Nothing in this section shall be construed to require payment of
salary to a member of the uniformed force who has been terminated,
retired, suspended or otherwise separated from service by reason of
death, retirement or any other cause.
d. A decision as to eligibility for benefits pursuant to this section
shall not be binding on the medical board or the board of trustees of
any pension fund in the determination of eligibility for an accident
disability or accidental death benefit.
e. As used in this section the term "incapacity" shall mean the
inability to perform full, limited, or light duty.
Section 16-109
§ 16-109 Sanitation service; absence from duty because of injury or
illness incurred prior to April eighteenth, nineteen hundred sixty-two.
Each person employed in the sanitation service classification of the
classified civil service on October tenth, nineteen hundred sixty-two
who, prior to April eighteenth, nineteen hundred sixty-two, incurred an
injury or illness, and who was or is absent from duty in such employment
on or after April eighteenth, nineteen hundred sixty-two, as a result of
such injury or illness incurred prior to such date, shall be entitled to
receive as pay or salary during such absence or absences, an amount
equal to the difference between (a) the total of all payments and awards
to such employee under the workers' compensation law by reason of such
injury or illness, exclusive of the death benefit provided for in
section sixteen of the workers' compensation law; and (b) the amount
which such employee would have received in full pay or compensation for
absences from such duty on or after April eighteenth, nineteen hundred
sixty-two because of such injury or illness if section 16-108 of this
title, as qualified by the rules and regulations adopted by the
commissioner pursuant to such section, were applicable thereto; provided
that the amount to which such employee would have been entitled if such
section were applicable is greater than the total specified in item (a)
hereof. The commissioner, with the approval of the mayor, may adopt
rules and regulations in accordance with the procedure prescribed in
section eleven hundred five of the charter, setting forth the manner in
which the amounts required to be paid under this section shall be
payable. Such rules and regulations may also provide that the amount
required to be paid under this section for any period during which such
employee was absent, or any part of such amount, may be paid to an
employee in a lump sum or weekly installments or a combination of both
prior to the date upon which the total specified in item (a) is known or
determined, on condition that such employee execute an agreement, in a
form approved by the corporation counsel, consenting to reimburse the
city for any overpayment to him or her resulting from such prior
payment, either at the time the amounts specified in item (a) hereunder
are received by such employee or by salary deductions to be authorized
by such employee in such agreement. Such rules and regulations may
contain such other provisions as may be necessary to carry out the
purposes of this section.
Section 16-110
§ 16-110 Recommendations for amendment of health code. The
commissioner, from time to time, shall propose to the board of health
such additions to or amendments of the health code as in his or her
opinion will promote sanitary control in the city and conduce to the
security of the comfort, life and health of its inhabitants. The
commissioner shall set forth fully the reasons for the proposed changes.
Section 16-111
§ 16-111 Division of streets into districts; allotment of sweepers.
The commissioner shall divide the city into a suitable number of
districts, each of which shall be under the charge of a district
superintendent or supervisory officer who shall be directly responsible
to the commissioner for the cleanliness of his or her district. Each of
such districts shall be subdivided by such commissioner into sections in
charge of foremen or subordinate supervisory officers responsible to
such district superintendent or supervisory officer, as well as to the
commissioner, for the cleanliness of his or her section.
Section 16-111.1
§ 16-111.1 Reductions in street cleaning. a. For purposes of this
section, "qualifying district" shall mean a sanitation district, or any
portion of such district, where each side of the street is scheduled to
receive department street cleaning on more than one day each week, and
where such sanitation district achieves a cleanliness acceptability
rating under the mayor's office of operations scorecard program that is
equal to or greater than an average score of ninety percent for the two
consecutive fiscal years prior to a community board's request pursuant
to subdivision b of this section.
b. Upon written request by the community board for the community
district within which a qualifying district is located, the department
shall reduce the weekly scheduled frequency of street cleaning by one
day for such qualifying district. Prior to making its written request,
any such community board shall to the extent practical notify major
utilities and communications providers servicing the qualifying district
that provide services to 500,000 or more households citywide and that
have given such community board appropriate contact information. Failure
to notify such utilities and communications providers shall not
invalidate any such written request. In making its determination, the
community board shall consider the impact of such a request on such
utilities and communications providers' ability to install, repair and
maintain critical infrastructure in such district.
c. Notwithstanding the provisions of subdivisions a and b of this
section, such reduction in frequency shall not apply to metered streets
or those portions of a qualifying district that receive department
street cleaning between the hours of midnight and 6:00 a.m.
d. In qualifying districts where, pursuant to subdivision b of this
section, the department has reduced street cleaning or a community board
has requested such a reduction, the department shall have the option to
resume or maintain the original street cleaning schedule if the
sanitation district receives an average score of less than ninety
percent under the mayor's office of operations scorecard program for any
period of three consecutive months, or if the average score for such
sanitation district falls below ninety percent over a period of two
consecutive fiscal years.
Section 16-112
§ 16-112 Flushing or washing streets; water. Whenever the commissioner
of environmental protection shall determine that there is a sufficient
supply of water for the purpose, such commissioner may permit the
commissioner to use as much water as may be necessary for the flushing
or washing of the public streets.
Section 16-113
§ 16-113 Removal of night soil and offal. The department is hereby
charged with the duty of causing the removal of dead animals, night soil
and offal from the thickly populated districts daily, and as often as
may be necessary elsewhere, and of keeping the city clean from all
matter of nuisance of a similar kind.
Section 16-114
§ 16-114 Rates for collection and disposal. The commissioner may
charge for the collection and disposal of ashes, street sweepings,
garbage, refuse, rubbish, dead animals, night soil and offal, and all
wastes, including trade waste from business, industrial, manufacturing,
or other establishments conducted for profit, at rates established by
the council by local law, upon recommendation of the commissioner, and
on such terms and conditions as the commissioner shall prescribe and
subject to rules of the department governing such collection and
disposal.
Section 16-114.1
§ 16-114.1 Rates for collection and disposal of solid waste from home
occupations, medical offices/group medical centers, and other
residential offices. a. As used in this section:
1. The term "home occupation" shall mean 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;
2. The term "medical office/group medical center" shall mean 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;
3. The term "other residential office" shall mean 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; and
4. The term "designated recyclable materials" shall be as defined in
rules of the commissioner adopted pursuant to section 16-305 of this
code.
b. The commissioner is authorized to collect the following annual fees
for the collection and disposal of solid waste generated by home
occupations, medical offices/group medical centers, and other
residential offices, located within buildings which receive department
collection and disposal service:
Average Total Number of Annual Collection
20 Gallon Bags Generated and Disposal Fee
Per Week, Including
Designated Recyclable
Materials
Not more than 5 $303.00
6-10 $563.00
11-15 $823.00
16-20 $1,083.00
Section 16-115
§ 16-115 Sale of ashes by commissioner. Ashes collected by the
department may be sold by the commissioner at rates fixed by the board
of estimate.
Section 16-116
§ 16-116 Removal of commercial waste; posting of sign, registration
number. a. Every owner, lessee or person in control of a commercial
establishment shall provide for the removal of waste by a business
licensed by the New York city trade waste commission as required by
subdivision a of section 16-505 of this code or register and obtain a
registration number from the New York city trade waste commission as
required by subdivision b of section 16-505 of this code to remove its
own waste except as provided in subdivision c of this section, however
nothing contained herein shall preclude the commissioner from providing
for the removal of waste from any commercial establishment pursuant to
the authority vested in the commissioner by section seven hundred
fifty-three of the charter; provided, further, that every owner, lessee
or person in control of a commercial establishment that is located in a
special trade waste removal district designated by the New York city
trade waste commission pursuant to section 16-523 of this code, except
for an owner, lessee or person in control of a commercial establishment
who has registered with the New York city trade waste commission as
required by subdivision b of section 16-505 of this code and except as
otherwise provided by subdivision g of section 16-523 of this code,
shall provide for the removal of waste by a licensee with whom such
commission has entered into an agreement pursuant to subdivision b of
such section.
b. Every owner, lessee or person in control of a commercial
establishment shall post a sign which states clearly and legibly the
trade or business name, address, telephone number and the day and time
of the pickup of the trade waste removal business presently serving the
establishment, or if the commercial establishment removes its own waste,
a registration number issued by the New York city trade waste commission
shall be posted. Such sign or registration number shall be prominently
displayed by affixing it to a window near the principal entrance to the
commercial establishment so as to be easily visible from outside the
building. If this is not possible, such sign or permit shall be
prominently displayed inside the commercial establishment near the
principal entrance to the premises.
c. This section shall not apply to (i) unimproved or vacant property
or premises generating infrequent waste or insignificant amounts of
waste; and (ii) home occupations, medical offices/group medical centers,
and other residential offices, which receive department collection and
disposal service pursuant to section 16-114.1 of this code. The
commissioner shall have the authority to determine what constitutes
infrequent waste or insignificant amounts of waste in specific cases.
d. (i) Except as provided in paragraph (ii) of this subdivision,
violation of any of the provisions of this section or any rules
promulgated pursuant thereto shall be punishable by a civil penalty of
not less than fifty nor more than one hundred dollars. Any notice of
violation, appearance ticket or summons issued for a violation of this
section shall be returnable before the environmental control board which
shall impose the penalty herein provided.
(ii) A commercial establishment required by subdivision b of section
16-505 of this code to register with the New York city trade waste
commission shall be subject to a penalty for the violation of such
subdivision or any rule pertaining thereto as provided in subdivision c
of section 16-515 of this code. Such penalty may be recoverable in the
manner provided therein or may be returnable in a civil action brought
in the name of the commissioner before the environmental control board
which shall impose a penalty not be exceed one thousand dollars.
Section 16-117
§ 16-117 Rules and regulations governing conveyance of rubbish, waste
or offensive material through the streets. The commissioner shall have
power to adopt rules and regulations:
1. Controlling persons and their servants, agents and employees and
the vehicles of each engaged in removing, disposing of, conveying or
transporting upon the streets, public places or bridges, or over the
ferries in the city, manure, swill, ashes, street sweepings, bones,
garbage, night soil, offal, fat, hides, hoofs or entrails, or other
refuse parts of slaughtered animals, refuse, rubbish, bodies of dead
animals, or any other offensive or noxious material, paper stock, or
trade waste;
2. Rules and regulations adopted by the commissioner pursuant to this
section shall be submitted to the board of estimate and, when approved
by such board, shall be filed with the city clerk and published in like
manner as prescribed by section eleven hundred five of the charter and
shall be enforced in the same manner and to the same extent as local
laws.
Section 16-117.1
§ 16-117.1 Transport, storage and disposal of waste containing
asbestos. (a) No person shall transport, store or dispose of waste
containing asbestos or cause or permit any person to transport, store or
dispose of such waste, except as in accordance with the provisions of
this section.
(b) Waste containing asbestos shall not be presented for transport,
storage or disposal unless at the site of generation such waste is:
(1) wet down in a manner sufficient to prevent all visible emissions
of asbestos dust into the air;
(2) sealed while wet in leak-tight containers which shall bear either:
(i) a warning label which states:
"CAUTION Contains Asbestos--Avoid Opening or Breaking Container
Breathing Asbestos is Hazardous to Your Health", or
(ii) such other warning label as may be authorized by federal law or
regulation; and
(3) quantitatively documented on a form approved by the commissioner,
expressed by either volume, weight or container (bag);
(4) kept separate from any other waste.
(c) Waste which contains asbestos shall not be stored unless prior
authorization, in such form and manner as the commissioner may prescribe
by regulation, is received from the department.
(d) Whenever waste containing asbestos is stored prior to disposal
such waste shall be inspected not less than once in every twenty-four
hour period so as to ensure that there are no visible emissions of
asbestos dust into the air. If such inspection reveals visible emissions
of asbestos dust into the air, the waste shall be wet down and
repackaged by placing the existing container into a leak-tight container
so as to prevent any further emissions into the air.
e. (1) Waste containing asbestos shall be disposed of in the City only
at sites approved by the commissioner;
(2) in cases of asbestos disposed of in City approved disposal sites,
the Department of Sanitation shall indicate on the appropriate form, the
quantity of asbestos received, expressed either by volume, weight or
container (bag). A copy of this form shall be forwarded to the
Department of Environmental Protection.
(f) The commissioner shall have the authority to adopt rules and
regulations to effectuate the purposes of this section.
(g) (1) Any violation of this section or of any rule or regulation
adopted pursuant to this section shall constitute an offense punishable
by a fine of not less than five hundred dollars and not more than
twenty-five thousand dollars, or by imprisonment not to exceed one year,
or by both such fine and imprisonment.
(2) In addition to any other criminal or civil penalty authorized by
law, any violation of this section or any rule or regulation adopted
pursuant to this section shall be punishable by a civil penalty of not
less than five hundred dollars and not more than twenty-five thousand
dollars. Such penalty may be recovered in a civil action brought in the
name of the commissioner or in a proceeding before the environmental
control board.
Section 16-118
§ 16-118 Littering prohibited. 1. No person shall litter, sweep, throw
or cast, or direct, suffer or permit any servant, agent, employee, or
other person under his or her control, to litter, sweep, throw or cast
any ashes, garbage, paper, dust or other rubbish and refuse of any kind
whatsoever, in or upon any street or public place, vacant lot, air
shaft, areaway, backyard court or alley.
2. (a) Every owner, lessee, tenant, occupant or person in charge of
any building or premises shall keep and cause to be kept the sidewalk,
flagging and curbstone abutting said building or premises free from
obstruction and nuisances of every kind, and shall keep said sidewalks,
flagging, curbstones, and air shafts, areaways, backyards, courts and
alleys free from garbage, refuse, rubbish, litter, debris and other
offensive material. Such persons shall also remove garbage, refuse,
rubbish, litter, debris and other offensive material between the
curbstone abutting the building or premises and the roadway area
extending one and one-half feet from the curbstone into the street on
which the building or premises front. Such persons shall not, however,
be responsible for cleaning the garbage, refuse, rubbish, litter, debris
and other offensive material which accumulates at catch basins located
within the one and one-half foot distance from the curbstone into the
street.
(b) Every owner, lessee, tenant or person in charge of any vacant lot
shall keep and cause to be kept the sidewalk, flagging and curbstone
abutting said vacant lot free from obstruction and nuisances of every
kind, and shall keep said sidewalks, flagging and curbstones free from
garbage, refuse, rubbish, litter, debris and other offensive material.
Every owner, lessee, tenant or person in charge of any vacant lot shall
keep and cause to be kept said vacant lot free from garbage, refuse,
rubbish, litter, debris and other offensive material. Such persons shall
also remove garbage, refuse, rubbish, litter, debris and other offensive
material between the curbstone abutting the vacant lot and the roadway
area extending one and one-half feet from the curbstone into the street
on which the vacant lot fronts. Such persons shall not, however, be
responsible for cleaning the garbage, refuse, rubbish, litter, debris
and other offensive material which accumulates at catch basins located
within the one and one-half foot distance from the curbstone into the
street.
3. No lime, ashes, coal, dry sand, hair, waste paper, feathers, or
other substance that is in a similar manner liable to be blown by the
wind, shall be sieved, agitated, or exposed, nor shall any mat, carpet,
or cloth be shaken or beaten, nor shall any cloth, yarn, garment,
material or substance be scoured or cleaned, nor shall any rags, damaged
merchandise, barrels, boxes, or broken bales of merchandise or goods be
placed, kept, or exposed in any place where they or particles therefrom
will pass into any street or public place, or into any occupied
premises, nor shall any usual or any reasonable precautions be omitted
by any person to prevent fragments or any substances from falling to the
detriment or peril of life or health, or dust or light material flying
into any street, place, or building, from any building or erection,
while the same is being altered, repaired or demolished, or otherwise.
In demolishing any building or part thereof, the material to be removed
shall be properly wet in order to lay dust incident to its removal.
4. No one, being the owner, or in charge or in control of any vehicle,
or of any receptacle, shall litter, drop or spill, or permit to be
littered, dropped or spilled any dirt, sand, gravel, clay, loam, stone
or building rubbish, hay, straw, oats, sawdust, shavings or other light
materials of any sort, or manufacturing, trade or household waste,
refuse, rubbish of any sort, or ashes, manure, garbage, or other organic
refuse or other offensive matter, in or upon any street or public place.
5. No person shall throw, cast or distribute, or cause or permit to be
thrown, cast or distributed, any handbill, circular, card, booklet,
placard or other advertising matter whatsoever, in or upon any street or
public place, or in a front yard or courtyard, or on any stoop, or in
the vestibule of any hall in any building, or in a letter box therein;
provided that nothing herein contained shall be deemed to prohibit or
otherwise regulate the delivery of any such matter by the United States
postal service, or prohibit the distribution of sample copies of
newspapers regularly sold by the copy or by annual subscription. This
section is not intended to prevent the lawful distribution of anything
other than commercial and business advertising matter.
6. No swill, brine, offensive animal matter, noxious liquid, or other
filthy matter of any kind, shall be allowed by any person to fall upon
or run into any street, or public place, or be taken to or put therein.
7. No person shall prevent, or otherwise interfere with, the sweeping
or cleaning of any street, the removal of snow or ice from any street or
the collection or removal of any solid waste or recyclable material from
any street, by any employee of the department.
8. The violation of any provision of this section shall constitute an
offense punishable by a fine of not less than fifty dollars nor more
than two hundred fifty dollars, or by imprisonment not to exceed ten
days, or both.
9. Any person violating the provisions of this section shall be liable
for a civil penalty of not less than fifty dollars nor more than two
hundred fifty dollars, except that for a second violation of subdivision
one, three, four, or six of this section within any twelve-month period,
such person shall be liable for a civil penalty of not less than two
hundred fifty dollars nor more than three hundred fifty dollars and for
a third or subsequent violation of subdivision one, three, four or six
of this section within any twelve-month period such person shall be
liable for a civil penalty of not less than three hundred fifty dollars
nor more than four hundred fifty dollars.
10. In the instance where the notice of violation, appearance ticket
or summons is issued for breach of the provisions of this section and
sets forth thereon civil penalties only, such process shall be
returnable to the environmental control board, which shall have the
power to impose the civil penalties hereinabove provided in subdivision
nine of this section.
11. In the event that a violator fails to answer such notice of
violation, appearance ticket or summons within the time provided
therefor by the rules and regulations of the environmental control
board, he or she shall become liable for additional penalties. The
additional penalties shall not exceed four hundred fifty dollars for
each violation.
Section 16-118.1
§ 16-118.1 Citywide Routing System. a. The department shall implement
a citywide routing system for residential premises for the enforcement
of subdivision two of section 16-118 of this code, as such subdivision
relates to the cleaning of sidewalks, flagging, curbstones, airshafts,
backyards, courts, alleys and roadway areas by owners, lessees, tenants,
occupants or persons in charge of any such premises, and for commercial
premises for the enforcement of such subdivision as such subdivision
relates to cleaning of sidewalks, flagging, curbstones and roadway areas
by owners, lessees, tenants, occupants or persons in charge of such
premises. The citywide enforcement routing system shall limit the
issuance of notices of violation, appearance tickets or summonses within
any sub-district of a local service delivery district to predetermined
periods of a total of no more than two hours each day, provided that
each such predetermined period shall be one hour. The department shall
establish a citywide schedule of periods for issuing notices of
violation, appearance tickets or summonses for commercial premises in
each district and shall give written notice to the owners, lessees,
tenants, occupants or persons in charge of such premises in each
district of the periods for the district in which their premises are
located by the use of flyers, community meetings or such other
techniques as the commissioner reasonably determines to be useful. The
two one-hour predetermined periods for issuing notices of violation,
appearance tickets or summonses for residential premises shall be from
8:00 a.m. until 9:00 a.m. and from 6:00 p.m. until 7:00 p.m.
b. Notwithstanding the provisions of subdivision a of this section,
the commissioner may provide an additional predetermined period of one
hour per day during which notices of violation, appearance tickets or
summonses may by issued in any sub-district within a local service
delivery district upon the commissioner's determination that the total
of two hours otherwise permitted by this section is not sufficient to
maintain the sidewalks, flagging, curbstones and roadways in such
sub-districts in an adequately clean condition. Such determination shall
be based upon a finding that there has been a decline in the average
street cleanliness ratings compiled by the mayor's office of operations
for such district for the most recent three-month period as compared to
the average street cleanliness ratings compiled by the mayor's office of
operations for the same three-month period in fiscal year nineteen
hundred ninety. Notice of any increase in the number of hours during
which notices of violation, appearance tickets or summonses can be
issued or of any change in such hours shall be given by letter to the
community board, the owners, lessees, tenants, occupants or persons in
charge of any premises in the affected sub-districts within a local
service delivery district and every council member representing the
local service delivery district no less than forty-five days prior to
the implementation of such increase or change. Any additional notice may
be given by use of letters, flyers, community meetings or such other
techniques as the commissioner reasonably determines to be useful.
Written notice to a council member shall be sent to the council member's
district office.
c. For the purpose of this section, the following terms shall have the
following meanings: (i) "local service delivery district" means a local
service delivery district as described in chapter sixty-nine of the
charter of the city of New York; (ii) "sub-district" means a section
within a local service delivery district as described in chapter
sixty-nine of the charter of the city of New York; and (iii) "commercial
premises" means any premises abutting the sidewalk at which goods or
services are sold directly to consumers or other businesses, and may, in
appropriate instances to be determined by the commissioner, also include
any other class of real property that is used for the conduct of any
business, trade or profession; and (iv) "residential premises" means
those portions of premises used predominantly for residential purposes,
other than hotels, that abut the sidewalk and do not constitute
commercial premises.
d. Within fifteen months after the effective date of this section, the
commissioner shall submit to the mayor and the council a report on the
results of the citywide enforcement routing system for the twelve month
period commencing on the first day of the first full month after the
effective date of this section.
Section 16-119
§ 16-119 Dumping prohibited. a. It shall be unlawful for any person,
his or her agent, employee or any person under his or her control to
suffer or permit any dirt, sand, gravel, clay, loam, stone, rocks,
rubble, building rubbish, sawdust, shavings or trade or household waste,
refuse, ashes, manure, garbage, rubbish or debris of any sort or any
other organic or inorganic material or thing or other offensive matter
being transported in a dump truck or other vehicle to be dumped,
deposited or otherwise disposed of in or upon any street, lot, park,
public place, wharf, pier, dock, bulkhead, slip, navigable waterway or
other area whether publicly or privately owned.
b. Any person who violates the provisions of this section shall be
liable to arrest and upon conviction thereof shall be deemed guilty of a
misdemeanor and shall be punished by a fine of not less than one
thousand five hundred dollars nor more than ten thousand dollars or by
imprisonment not to exceed ninety days or by both such fine and
imprisonment.
c. (1) Any person who violates the provisions of subdivision a of this
section shall also be liable for a civil penalty of not less than one
thousand five hundred dollars nor more than ten thousand dollars for the
first offense, and not less than five thousand dollars nor more than
twenty thousand dollars for each subsequent offense. In addition, every
owner of a dump truck or other vehicle shall be liable for a civil
penalty of not less than one thousand five hundred dollars nor more than
ten thousand dollars for the first offense and not less than five
thousand dollars nor more than twenty thousand dollars for each
subsequent offense of unlawful dumping described in subdivision a of
this section by any person using or operating the same, in the business
of such owner or otherwise, with the permission, express or implied, of
such owner.
(2) Any owner, owner-operator or operator who is found in violation of
this section in a proceeding before the environmental control board and
who shall fail to pay the civil penalty imposed by such environmental
control board shall be subject to the suspension of his or her driver's
license, privilege to operate or vehicle registration or renewal thereof
imposed pursuant to section twelve hundred twenty-a of the vehicle and
traffic law, in addition to any other civil and criminal fines and
penalties set forth in this section.
(3) As used in this subdivision, the terms "owner", "owner-operator"
and "operator" shall have the meaning set forth in subdivision one of
section twelve hundred twenty-a of the vehicle and traffic law.
(4) The provisions of this section may also be enforced by the
commissioner of small business services and the commissioner of
environmental protection with respect to wharfs, piers, docks, bulkheads
and slips located on waterfront property, and navigable waterways.
d. In the instance where the notice of violation, appearance ticket or
summons is issued for a breach of the provisions of subdivision a of
this section and sets forth thereon civil penalties only, such process
shall be returnable to the environmental control board, which board
shall have the power to impose the civil penalties hereinabove provided
in subdivision c of this section, provided further, that,
notwithstanding any other provision of law, the environmental control
board shall have such powers and duties as are set forth under section
twelve hundred twenty-a of the vehicle and traffic law.
e. (1) Any dump truck or other vehicle that has been used or is being
used to violate the provisions of this section shall be impounded by the
department and shall not be released until either all removal charges
and storage fees and the applicable fine have been paid or a bond has
been posted in an amount satisfactory to the commissioner or as
otherwise provided in paragraph (2) of this subdivision. The
commissioner shall have the power to establish regulations concerning
the impoundment and release of vehicles and the payment of removal
charges and storage fees for such vehicles, including the amounts and
rate thereof.
(2) In addition to any other penalties provided in this section, the
interest of an owner as defined in subdivision c of this section in any
vehicle impounded pursuant to paragraph (1) of this subdivision shall be
subject to forfeiture upon notice and judicial determination thereof if
such owner (i) has been convicted of or found liable for a violation of
this section in a civil or criminal proceeding or in a proceeding before
the environmental control board three or more times, all of which
violations were committed within an eighteen month period or (ii) has
been convicted of or found liable for a violation of this section in a
civil or criminal proceeding or in a proceeding before the environmental
control board if the material unlawfully dumped is a material identified
as a hazardous waste or an acute hazardous waste in regulations
promulgated pursuant to section 27-0903 of the environmental
conservation law.
(3) Except as hereinafter provided, the city agency having custody of
a vehicle, after judicial determination of forfeiture, shall no sooner
than thirty days after such determination upon a notice of at least five
days, sell such forfeited vehicle at public sale. Any person, other than
an owner whose interest is forfeited pursuant to this section, who
establishes a right of ownership in a vehicle, including a part
ownership or security interest, shall be entitled to delivery of the
vehicle if such person:
(i) redeems the ownership interest which was subject to forfeiture by
payment to the city of the value thereof; and
(ii) pays the reasonable expenses of the safekeeping of the vehicle
between the time of seizure and such redemption; and
(iii) asserts a claim within thirty days after judicial determination
of forfeiture.
Notwithstanding the foregoing provisions establishment of a claim
shall not entitle such person to delivery of the vehicle if the city
establishes that the unlawful dumping for which the vehicle was seized
was expressly or impliedly permitted by such person.
f. Rewards. (1) Where a notice of violation, appearance ticket or
summons is issued for a violation of subdivision a of this section based
upon a sworn statement by one or more individuals and where the
commissioner determines, in the exercise of his or her discretion, that
such sworn statement, either alone or in conjunction with testimony at a
civil or criminal proceeding or in a proceeding before the environmental
control board, results in the conviction of or the imposition of a civil
penalty upon any person for a violation of subdivision a of this
section, the commissioner shall offer as a reward to such individual or
individuals an amount that, in the aggregate, is equal to:
(i) fifty percent of any fine or civil penalty collected; or
(ii) five hundred dollars when a conviction is obtained, but no fine
or civil penalty is imposed.
(2) Where a notice of violation, appearance ticket or summons is
issued for a violation of subdivision a of this section based upon
information furnished by an individual or individuals and where the
commissioner determines, in the exercise of his or her discretion, that
such information, in conjunction with enforcement activity conducted by
the department or another governmental entity, results in the conviction
of or the imposition of a civil penalty upon any person for a violation
of subdivision a of this section, the commissioner shall offer as a
reward to such individual or individuals an amount that, in the
aggregate, is:
(i) up to fifty percent of any fine or civil penalty collected; or
(ii) up to five hundred dollars when a conviction is obtained, but no
fine or civil penalty is imposed.
In determining the amount of the reward, the commissioner shall
consider factors that include, but are not limited to: (a) the quantity
and type of the material dumped, deposited or otherwise disposed of; (b)
the specificity of the information provided, including, but not limited
to, the license plate number, make or model or other description of the
dump truck or other vehicle alleged to have been used and the location,
date or time of the alleged violation; (c) whether the information
provided by the individual or individuals identified one or more
violations of subdivision a of this section; and (d) whether the
department has knowledge that violations of subdivision a of this
section have previously occurred at that location.
(3) No peace officer, employee of the department or of the
environmental control board, or employee of any governmental entity
that, in conjunction with the department, conducts enforcement activity
relating to a violation of subdivision a of this section shall be
entitled to obtain the benefit of any such reward or obtain the benefit
of such reward when acting in the discharge of his or her official
duties.
g. In addition to the foregoing penalties the offender shall be
required to clear and clean the area upon which the offender dumped
unlawfully within ten days after conviction thereof. In the event the
offender fails to clear and clean the area within such time such
clearing and cleaning may be done by the department or under the
direction of the department by a private contractor and the cost of same
shall be billed to the offender. In the event that the department has
cleaned or cleared the area, or has caused the area to be cleaned or
cleared by a private contractor prior to the offender's conviction, the
offender shall be responsible for the cost of such clearing and or
cleaning. Payment by such offender when required by this subdivision
shall be made within ten days of demand by the department.
h. The commissioner shall post a sign in any area where the
commissioner deems appropriate because of instances of illegal dumping.
Such sign shall state the penalties for illegal dumping and the reward
provisions therein.
Section 16-120
§ 16-120 Receptacles for the removal of waste material. a. The owner,
lessee, agent, occupant or other person who manages or controls a
building or dwelling shall provide and maintain in accordance with this
section separate receptacles for the deposit of incinerator residue and
ashes; refuse, and liquid waste. The receptacles shall be provided for
the exclusive use of each building or dwelling and shall be of
sufficient size and number to contain the wastes accumulated in such
building or dwelling during a period of seventy-two hours. The
receptacles shall be made of metal or other material of a grade and type
acceptable to the department, the department of health and mental
hygiene and the department of housing preservation and development.
Receptacles used for liquid waste shall be constructed so as to hold
their contents without leakage. Metal containers shall be provided with
tight fitting metal covers.
b. Ashes and incinerators residue, refuse and liquid wastes shall be
separated and placed into separate receptacles. No receptacle when
filled shall weigh more than one hundred pounds.
c. Incinerator, residue, ashes, refuse and liquid waste shall be
stored in the building or dwelling or at the rear of the building or
dwelling as may be required by the department of health and mental
hygiene or the department of housing preservation and development until
time for removal and kept in tightly covered metal receptacles or
containers made of other materials of a type and grade acceptable to the
department, department of health and mental hygiene, and the department
of housing preservation and development. After the contents have been
removed by the department or other collection agency any receptacles
remaining shall be removed from the front of the building or dwelling
before 9:00 p.m. on the day of collection, or if such collection occurs
after 4:00 p.m., then before 9:00 a.m. on the day following collection.
The receptacles shall at all times be kept covered or closed and kept in
a manner satisfactory to the department, the department of health and
mental hygiene, and in the case of residential premises, the department
of housing preservation and development. No receptacles, refuse,
incinerator residue or ashes, or liquid waste shall be kept so as to
create a nuisance. Yard sweepings, hedge cuttings, grass, leaves, earth,
stone or bricks shall not be mixed with household wastes.
d. Newspapers, wrapping paper or other light refuse or rubbish which
is likely to be blown or scattered about the streets shall be securely
bundled, tied or packed before being placed for collection. Such
material shall be kept and placed for collection in the same manner as
the receptacles.
e. No person shall deposit household or commercial refuse or liquid
wastes in a public litter basket placed on the streets by the department
or any other person. There shall be a rebuttable presumption that the
person whose name, or other identifying information, appears on any
household or commercial refuse or liquid wastes deposited in such public
litter basket violated this subdivision.
f. Any person violating the provisions of this section, except
subdivision e, shall be liable for a civil penalty of not less than
twenty-five nor more than one hundred dollars for the first violation,
not less than one hundred dollars nor more than two hundred dollars for
a second violation within any twelve-month period, and not less than two
hundred dollars nor more than three hundred dollars for a third or
subsequent violation with any twelve-month period. Any person violating
the provisions of subdivision e of this section shall be liable for a
civil penalty of not less than one hundred dollars nor more than three
hundred dollars for the first violation, not less than two hundred fifty
dollars nor more than three hundred fifty dollars for a second violation
within any twelve-month period, and not less than three hundred fifty
dollars nor more than four hundred dollars for a third or subsequent
violation within any twelve month period.
g. In the instance where a notice of violation is issued for breach of
the provisions of this section such process shall be returnable to the
environmental control board, which shall have the power to impose the
civil penalties provided in subdivision f of this section.
h. In the event that a person fails to answer such notice of violation
within the time provided therefor by the environmental control board,
that person shall become liable for additional penalties. The additional
penalties shall not exceed three hundred dollars for each violation.
i. Nothing herein contained shall be construed to supersede,
substitute for or abrogate the provisions of article one hundred
fifty-three of the health code or article five of subchapter two of
chapter two of title twenty-seven of the code.
Section 16-120.1
§ 16-120.1 Storage, treatment, transportation and disposal of
regulated medical waste, other medical waste and regulated household
waste. a. It shall be unlawful for any person to store, treat, transport
or dispose of or to cause to be stored, treated, transported or disposed
of any regulated medical waste or other medical waste except in the
manner prescribed in the public health law, the environmental
conservation law, or any rules or regulations promulgated pursuant
thereto and the New York city health code and any regulations of the
city department of health and the city department of sanitation. In
addition it shall be unlawful for any person to dispose of or to cause
to be disposed of any regulated medical waste within the solid waste
disposal system of the city, provided that the department may accept at
its incinerators classes of regulated medical waste that were accepted
at such incinerators as of June twenty-first, nineteen hundred
eighty-nine if it has obtained all necessary authorizations required by
law to incinerate such classes of regulated medical waste. In addition
it shall be unlawful to dispose of or to cause to be disposed of any
laboratory waste or surgical waste as defined in this section, or
classes of regulated medical waste that were accepted at department
incinerators as of June twenty-first, nineteen hundred eighty-nine,
whether or not such laboratory waste, surgical waste or other classes of
regulated medical waste have been autoclaved or subjected to a similar
decontamination technique other than incineration, in the landfills of
the city.
b. For purposes of this section, the following terms shall have the
following meanings:
1. Regulated medical waste means any waste that is generated in the
diagnosis, treatment or immunization of human beings or animals, in
research pertaining thereto, or in the production or testing of
biologicals, when listed as follows, provided, however, that regulated
medical waste shall not include any hazardous waste identified or listed
pursuant to section 27-0903 of the environmental conservation law or any
household waste as defined in regulations promulgated under such
section:
i. cultures and stocks of infectious agents and associated
biologicals, including cultures from medical and pathological
laboratories, cultures and stocks of infectious agents from research and
industrial laboratories, wastes from the production of biologicals,
discarded live and attenuated vaccines, and culture dishes and devices
used to transfer, inoculate, and mix cultures;
ii. human pathological wastes, including tissues, organs, body parts
and body fluids that are removed during surgery or autopsy or other
medical procedures, and specimens of body fluids and their containers;
iii. waste human blood and products of blood, including serum, plasma,
and other blood components and their containers;
iv. sharps that have been used in animal or human patient care or in
medical, research, or industrial laboratories, including hypodermic
needles, syringes, pasteur pipettes, broken glassware and scalpel
blades, blood vials, test tubes, needles with attached tubing, and such
unused sharps that have been discarded;
v. contaminated animal carcasses, body parts, and bedding of animals
that were known to have been exposed to infectious agents during
research, production of biologicals, or testing of pharmaceuticals;
vi. wastes from surgery or autopsy that were in contact with
infectious agents, including soiled dressings, sponges, drapes, lavage
tubes, drainage sets, underpads, and surgical gloves;
vii. laboratory wastes from medical, pathological, pharmaceutical, or
other research, commercial, or industrial laboratories that were in
contact with infectious agents, including slides and cover slips,
disposable gloves, laboratory coats and aprons;
viii. dialysis wastes that were in contact with the blood of patients
undergoing hemodialysis or renal dialysis, including contaminated
disposable equipment and supplies such as tubing, filters, disposable
sheets, towels, gloves, aprons and laboratory coats;
ix. biological waste and discarded materials contaminated with blood,
excretion, exudates or secretion from human beings or animals who are
isolated to protect others from highly communicable diseases;
x. any other waste material designated by the administrator of the
United States environmental protection agency as a regulated medical
waste under the provisions of the medical waste tracking act of 1988, 42
U.S.C. § 6992 et seq., and the regulations promulgated pursuant thereto;
and
xi. any other waste material included in the list of regulated medical
wastes established in regulations promulgated by the state commissioner
of environmental conservation pursuant to section 27-1502 of the
environmental conservation law.
For purposes of this paragraph, "infectious agents" shall be limited
to those organisms that cause disease or an adverse health impact to
humans.
2. Laboratory waste means all matter 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.
3. Other medical waste means laboratory waste and surgical waste as
defined in paragraphs two and six of this subdivision.
4. 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 purposes of this
paragraph.
5. 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.
6. Surgical waste means all materials discarded from surgical
procedures and includes, but is not limited to, disposable gowns, shoe
covers, masks, headcovers, gloves and sponges.
c. No solid waste of any person required to be licensed by the city or
state to provide health, medical, pharmaceutical or laboratory services
shall be collected or received by the department for disposal unless
such person has executed a certification that to the best of his or her
knowledge or belief such waste does not contain any material for which
such disposal is unlawful.
d. The commissioner in conjunction with the commissioner of health and
mental hygiene shall promulgate and implement regulations, consistent
with the laws of this state, governing the safe disposal of regulated
household waste. Any violation of such regulations shall be punishable
only by a civil penalty of not less than fifty dollars nor more than two
hundred fifty dollars.
e. 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 environmental conservation pursuant to paragraph d of
subdivision one of section 27-1510 of the environmental conservation law
or paragraph (d) of subdivision two of section 1389-bb of the public
health law. Such reports shall be filed with the commissioner within
fifteen days of submission to the commissioner of environmental
conservation.
f. Any person who generates regulated medical waste or other medical
waste shall file with the department a "solid waste removal plan." Such
plan shall include at a minimum:
1. the name, address and telephone number of the person or facility
generating such waste;
2. the name, address, telephone number and permit number(s) of the
transporter of such waste;
3. the name, address and telephone number of the disposal site(s) for
such waste;
4. an estimate of the quantity of such waste produced and disposed of
monthly; and
5. any other information required by regulation of the commissioner of
the commissioner of health and mental hygiene.
An amended plan shall be filed within fifteen days of the time when
any information in a plan that is filed with the department changes, or
when the commissioner or the commissioner of health requires by
regulation additional information.
g. The commissioner of sanitation or health and mental hygiene or an
authorized agent of such commissioner may enter upon public or private
property for the purpose of conducting inspections or investigations
necessary for the exercise of the powers or the performance of the
duties of such commissioners pursuant to this section, including the
inspection of documents or records relating to the storage, treatment,
transportation or disposal of regulated medical waste or other medical
waste required to be maintained by local, state or federal law, provided
that such commissioner or agent may not inspect records containing
medical information privileged under the laws of this state without all
authorizations required by such laws, and that such commissioner or
agent shall make reasonable efforts not to interfere with patient care
activities. Such entry may be made without a warrant during regular and
usual business hours upon property used for nonresidential purposes,
including but not limited to the provision of health, medical,
pharmaceutical or laboratory services, provided that such use is related
to the generation, storage or disposal of regulated medical waste, or at
other times upon such property in response to any immediate threat to
the health or safety of one or more individuals, or of the public, that
arises from the generation, storage or disposal of regulated medical
waste upon such property. Warrantless inspection or investigation
pursuant to this subdivision shall extend only to: (i) waste storage
areas; (ii) documents or records relating to storage, treatment,
transportation or disposal of regulated medical waste, including
documents or records required to be maintained by local, state or
federal law; (iii) bags and containers for the disposal of regulated
medical waste; (iv) documents or records identifying the number and
origin of specimens of human tissues, organs and fluids that constitute
regulated medical waste, other than records containing medical
information privileged under the laws of this state; and (v) any other
inspection or investigation necessary to respond to an immediate threat
to the health or safety of one or more individuals, or of the public,
arising from generation, storage or disposal of regulated medical waste
upon such property. Refusal to permit entry pursuant to this
subdivision, where the commissioner of sanitation or health and mental
hygiene or an authorized agent of such commissioner has obtained a
warrant for such entry or is authorized by this subdivision to inspect
or investigate without a warrant, shall be a misdemeanor punishable by
not more than thirty days imprisonment, or by a fine of not more than
one hundred dollars or both.
h. 1. In addition to any other enforcement procedures authorized by
law, the commissioner, with the written approval of the commissioner of
health and mental hygiene, shall be authorized to order in writing that
premises on which activity in violation of this section is occurring be
closed if the commissioner finds that continuing activity on such
premises would result in generation, storage or disposal of regulated
medical waste or other medical waste in a manner posing an imminent
threat to the public health or safety, provided that no facility
licensed, permitted or certificated pursuant to article twenty-eight of
the public health law or part thereof or facility providing inpatient
services or part thereof may be closed pursuant to this subdivision.
Such premises may be opened at any time by any person otherwise lawfully
entitled to enter such premises in response to an immediate threat to
the health or safety of one or more individuals, or of the public. For
the purpose of this subdivision, the determination whether an imminent
threat to the public health or safety exists shall be based on factors
that include but are not limited to: (i) the quantity of regulated
medical waste, the generation, storage or disposal of which is in
violation of this section; (ii) the types of such regulated medical
waste; and (iii) the risk of harm to the public or the environment.
2. Issuance of an order pursuant to this subdivision may occur prior
to a hearing and determination whether a violation of the provisions of
this section has occurred and whether there exists an imminent threat to
the public health or safety, or during such hearing, or up to two
business days after the conclusion of such hearing, provided that: (i)
where such issuance occurs prior to such hearing and determination, such
hearing shall be held within two business days of such issuance and such
determination shall be rendered within twenty-four hours of the
conclusion of such hearing; (ii) where such issuance occurs during such
hearing, such determination shall be rendered within twenty-four hours
of the conclusion of such hearing; and (iii) where such issuance occurs
after the conclusion of such hearing but prior to such determination,
such determination shall be made within twenty-four hours of such
issuance. Any order issued pursuant to this subdivision may continue in
effect after a finding of violation and imminent threat until the
commission permits such premises to be opened pursuant to paragraph five
of this subdivision.
3. Orders of the commissioner issued pursuant to this subdivision
shall be posted at the premises on which the activity in violation of
this subdivision has occurred.
4. Immediately upon the posting of an order issued pursuant to this
subdivision, officers and employees of the department and officers of
the New York city police department shall be authorized to act upon and
enforce such order.
5. Where premises have been closed by order of the commissioner issued
pursuant to this subdivision, the owner or lessee of such premises, or
the authorized agent thereof, may at any time submit to the
commissioner: (i) a written affirmation that such owner or lessee is in
compliance with the provisions of this section and will maintain such
compliance; and (ii) where such premises are used in the generation of
waste for transport of which a legally authorized regulated medical
waste transporter is required by law, proof of legal authorization to
transport such waste or proof of agreement with a legally authorized
regulated medical waste transporter to have such waste transported, or
proof that such waste is lawfully treated on such premises so as not to
require such authorization or agreement. Upon receipt of such
affirmation and proof, the commissioner shall within one business day
either permit such premises to be opened or issue a written
determination that such owner or lessee is not in compliance with or has
not instituted procedures sufficient to remain in compliance with the
provisions of this section, or that such proof of legal authorization or
agreement is insufficient.
6. It shall be a misdemeanor for any person or other individual to
open or cause to be opened any premises closed in accordance with an
order of the commissioner, except in response to an immediate threat to
the health or safety of one or more individuals, or of the public.
i. 1. For the purpose of this subdivision, the following terms shall
have the following meanings:
i. "Abandonment" means the intentional relinquishment or forsaking of
all possession or control of any substance.
ii. "Disposal" means the discharge, deposit, injection, dumping,
spilling, leaking or placing of any substance so that such substance or
any related constituent thereof may enter the environment, or the
abandonment of any substance.
iii. "Environment" means any water, water vapor, any land including
land surface or subsurface, air, fish, wildlife, biota and all other
natural resources.
iv. "Intentionally, knowingly, recklessly and criminal negligence"
shall have the same meanings as defined in section 15.05 of the penal
law.
2. i. Any person who violates any provisions of this section other
than subdivision d shall be guilty of a violation and, upon conviction
thereof, shall be punished by a fine not to exceed five thousand dollars
per day of violation, or by imprisonment for a term of not more than
fifteen days, or by both such fine and imprisonment.
ii. Any person who intentionally, knowingly or recklessly violates any
provisions of this section other than subdivision d shall be guilty of a
misdemeanor, and upon conviction thereof, shall for a first conviction
be punished by a fine not to exceed fifteen thousand dollars per day of
violation or by imprisonment for a term of not more than ninety days, or
both such fine and imprisonment. If the conviction is for an offense
committed after a first conviction of such person under this
subparagraph, within the preceding five years, punishment shall be by a
fine not to exceed fifty thousand dollars per day of violation, or by
imprisonment for not more than one year or by both such fine and
imprisonment.
3. Any person who with criminal negligence engages in conduct in
violation of this section other than subdivision d which causes the
release to the environment of regulated medical waste shall be guilty of
a misdemeanor punishable by a fine of not more than fifteen thousand
dollars or by imprisonment for not more than ninety days or by both such
fine and imprisonment.
4. Any person who recklessly or knowingly engages in conduct in
violation of this section other than subdivision d which causes the
release to the environment of regulated medical waste shall be guilty of
a misdemeanor punishable by a fine of nor more than fifty thousand
dollars or by imprisonment for not more than one year or both such fine
and imprisonment.
5. In addition to any other penalties provided under paragraph one of
this subdivision or any other provisions of law, any violation of the
provisions of this section other than subdivision d shall be punishable
by a civil penalty of not less than twenty-five hundred dollars nor more
than ten thousand dollars for the first violation, not less than five
thousand dollars nor more than ten thousand dollars for the second
violation and ten thousand dollars for the third and any subsequent
violation. Civil penalties shall be recovered in a civil action brought
in the name of the commissioner or in a proceeding before the
environmental control board. For the purposes of this paragraph, each
bag or container of solid waste with a capacity of not larger than one
cubic yard shall constitute a separate violation of this section.
6. Notwithstanding paragraphs one, two, three, four and five of this
subdivision, failure to file an annual or additional report pursuant to
subdivision e of this section or failure to file a solid waste removal
plan or an amended plan pursuant to subdivision f of this section shall
be punishable only by a civil penalty of not less than fifty dollars nor
more than two hundred fifty dollars if such report or plan is filed
within thirty days of the filing deadlines set forth in such
subdivisions.
7. Any affirmative defense available under title forty-four of article
twenty-seven of the environmental conservation law shall be available in
any prosecution or proceeding pursuant to this section that alleges a
violation of title fifteen of article twenty-seven of the environmental
conservation law or any rules or regulations promulgated pursuant
thereto.
j. The commissioner shall promulgate and implement regulations
providing that where an individual furnishes information that, in the
opinion of the commissioner, results in a conviction or the imposition
of a fine or civil penalty for a violation of any provision of this
section, the commissioner shall offer as a reward to said individual,
out of unexpended appropriations therefor:
i. fifty percent of any fine or penalty collected; or
ii. five hundred dollars when a prison sentence but no fine or civil
penalty is imposed.
k. The commissioner 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 this section has been served pending a hearing on
and finding as to liability for the violation. Such hearing shall be
held within two business days after such suspension and a finding as to
liability for the violation shall be made within twenty-four hours of
the conclusion of such hearing. If a violation has been found, the
commissioner shall continue such suspension for, in the case of a first
occurrence, not less than one week, in the case of a second occurrence,
committed within an eighteen month period, not less than one month and,
in the case of a third and each subsequent occurrence, committed within
an eighteen month period, not less than three months. In calculating
such eighteen month period any period of suspension shall be excluded.
For purposes of this subdivision any solid waste introduced into the
solid waste disposal system of the city under one certification executed
pursuant to subdivision c of this section shall constitute an
occurrence.
l. In addition to the department, the department of health and mental
hygiene shall enforce the provisions of this section, other than
subdivisions h, j, and k of this section. This section shall not be
construed to restrict in any manner the regulatory or enforcement
authority conferred upon any agency of the city by any other provision
of state or local law.
Section 16-121
§ 16-121 Obstructing tracks. a. It shall be unlawful for any person to
throw, place or pile, or assist others in throwing, placing or piling
any snow, ice or other impediment or obstruction to the running of cars
upon the tracks of any railroad company, or in the space between the
rails thereof or in the space between the tracks and a line distant
three feet outside of such rails or any ashes, garbage, paper, dust,
wood, metal or other rubbish, refuse, junk or other offensive material
whatsoever on any part of any railroad right of way.
b. Violations. Any person who shall violate any provision of this
section, upon conviction thereof, shall be punished by a fine of not
less than one hundred dollars nor more than five hundred dollars or
imprisonment for ninety days or both.
Section 16-122.
§ 16-122. Vehicles and other movable property. a. Legislative intent.
The need for this legislation is indicated by the ever increasing number
of abandoned cars in the city of New York. The purpose of this section
is to punish those persons who abandon and/or remove component parts of
motor vehicles in public streets. It is not the intent to prohibit or
preclude any person in lawful possession of a vehicle from making lawful
repairs or removing any component part for the purpose of making such
lawful repairs to a motor vehicle on a public street.
b. It shall be unlawful for any person, such person's agent or
employee to leave, or to suffer or permit to be left, any box, barrel,
bale of merchandise or other movable property whether or not owned by
such person, upon any marginal or public street or any public place, or
to erect or cause to be erected thereon any shed, building or other
obstruction.
c. It shall be unlawful for any person, such person's agent or
employee to leave, or suffer or permit to be left, any motor vehicle,
not otherwise lawfully parked, whether or not owned by such person, in
any marginal or public street, or any public place. The owner or driver
of a disabled vehicle shall be allowed a reasonable time, not exceeding
three hours, in which to remove said vehicle.
d. Any person convicted of a violation of the provisions of
subdivision b or c of this section shall be punished by a fine of not
less than fifty dollars nor more than two hundred fifty dollars,
imprisonment for not more than ten days, or both.
e. It shall be unlawful for any person, such person's agent or
employee, to abandon, or to suffer or permit to be abandoned any motor
vehicle, whether or not owned by such person, in any marginal or public
street, or any public place.
f. It shall be unlawful for any person to dismantle, or to remove any
component part of any motor vehicle in any marginal or public street or
any public area.
g. Any person convicted of a violation of the provisions of
subdivision e or f of this section shall be punished by a fine of not
less than one hundred dollars, or imprisonment for not more than one
year.
h. Any person violating the provisions of subdivision b or c of this
section shall be liable and responsible for a civil penalty of not less
than twenty-five dollars nor more than one hundred dollars.
i. In the instance where the notice of violation, appearance ticket or
summons is issued for breach of the provisions of this section and sets
forth thereon civil penalties only, such process shall be returnable to
the environmental control board, which shall have the power to impose
the civil penalties hereinabove provided in subdivision h of this
section.
j. In the event that a violator fails to answer such notice of
violation, appearance ticket or summons within the time provided
therefor by the rules and regulations of the environmental control
board, he or she shall become liable for additional penalties. The
additional penalties shall not exceed fifty dollars for each violation.
Section 16-123
§ 16-123 Removal of snow, ice and dirt from sidewalks; property
owners' duties. a. Every owner, lessee, tenant, occupant, or other
person, having charge of any building or lot of ground in the city,
abutting upon any street where the sidewalk is paved, shall, within four
hours after the snow ceases to fall, or after the deposit of any dirt or
other material upon such sidewalk, remove the snow or ice, dirt, or
other material from the sidewalk and gutter, the time between nine post
meridian and seven ante meridian not being included in the above period
of four hours. Such removal shall be made before the removal of snow or
ice from the roadway by the commissioner or subject to the regulations
of such commissioner. In the boroughs of Queens and Staten Island, any
owner, lessee, tenant or occupant or other person who has charge of any
ground abutting upon any paved street or public place, for a linear
distance of five hundred feet or more, shall be considered to have
complied with this section, if such person shall have begun to remove
the snow or ice from the sidewalk and gutter before the expiration of
such four hours and shall continue and complete such removal within a
reasonable time.
b. In case the snow and ice on the sidewalk shall be frozen so hard
that it cannot be removed without injury to the pavement, the owner,
lessee, tenant, occupant or other person having charge of any building
or lot of ground as aforesaid, may, within the time specified in the
preceding subdivision, cause the sidewalk abutting on such premises to
be strewed with ashes, sand, sawdust, or some similar suitable material,
and shall, as soon thereafter as the weather shall permit, thoroughly
clean such sidewalks.
c. Any person violating any provision of, or regulation adopted
pursuant to, subdivisions a and b of this section shall be punished by a
fine of not less than ten dollars nor more than one hundred fifty
dollars, imprisonment for not more than ten days, or both.
d. Whenever any owner, lessee, tenant, occupant, or other person
having charge of any building or lot of ground, abutting upon any street
or public place where the sidewalk is paved, shall fail to comply with
the provisions of this section, the commissioner may cause such removal
to be made.
e. The expense of such removal as to each particular lot of ground
shall be ascertained and certified by the commissioner to the
comptroller, who shall pay the same in the same manner as the expense of
removing snow from the streets is paid. Upon the payment of such
expense, the comptroller shall deliver a certificate thereof to the
council and the amount of such expense shall be added to and made to
form a part of the annual taxes of the next ensuing fiscal year against
such property, and the same shall be collected in and with and as part
of the annual taxes for such fiscal year. The corporation counsel is
directed and may sue for and recover the amount of such expense.
f. This section shall not be regarded as interfering with the owner of
any lots throwing into the roadway of the streets any snow or ice which
may be removed from the sidewalk or gutter directly in front of such
lot.
g. The term "lot" as used in this section shall include a space not to
exceed twenty-five feet in width fronting the street upon which the
violation is charged to have been permitted, committed or omitted.
h. Any person violating the provisions of subdivisions (a) or (b) of
this section shall be liable and responsible for a civil penalty of not
less than ten dollars nor more than one hundred fifty dollars for the
first violation, except that for a second violation of subdivision (a)
or (b) within any twelve-month period such person shall be liable for a
civil penalty of not less than one hundred fifty dollars nor more than
two hundred fifty dollars and for a third or subsequent violation of
subdivision (a) or (b) within any twelve-month period such person shall
be liable for a civil penalty of not less than two hundred fifty dollars
nor more than three hundred fifty dollars.
i. In the instance where the notice of violation, appearance ticket or
summons is issued for breach of the provisions of this section and sets
forth thereon civil penalties only, such process shall be returnable to
the environmental control board, which shall have the power to impose
the civil penalties hereinabove provided in subdivision h of this
section.
j. In the event that a violator fails to answer such notice of
violation, appearance ticket or summons within the time provided
therefor by the rules and regulations of the environmental control
board, he or she shall become liable for additional penalties. The
additional penalties shall not exceed three hundred fifty dollars for
each violation.
Section 16-124
§ 16-124 Removal of snow and ice from the streets. The commissioner,
immediately after every snowfall or the formation of ice on the streets,
shall forthwith cause the removal of the same, and shall keep all
streets clean and free from obstruction.
Section 16-124.1
§ 16-124.1 Borough-based snow plowing and removal plans. a. The
following terms shall have the following meanings for purposes of this
section:
(1) The term "bus shelter" shall mean a location that has a cover or
ceiling and is intended to be used as a shelter for individuals waiting
to board a New York city transit authority vehicle, and shall include
three feet on any open side of such shelter and to the curb on all
portions of the sidewalk covered under this provision.
(2) The term "bus stop" shall mean a location that is not a bus
shelter, designated by signage for New York city transit authority
vehicles to pick up or discharge passengers, which location includes
five feet of the sidewalk and the gutter immediately adjacent to the
curb for the portion of such curb.
(3) The term "curb cut" shall have the same meaning as defined in
section 27-480 of the code.
(4) The term "pedestrian median" shall mean a direct path between curb
cuts on a median strip dividing a roadway or, where no curb cuts exist
on such a median strip, the portion of the median strip designed to be
traversed by pedestrians in order to cross the roadway that such median
strip divides.
(5) The term "primary street" shall mean a street that is determined
by the department to be of the first priority for purposes of snow
plowing and/or removal.
(6) The term "snow event" shall mean any snowfall equal to or in
excess of six inches within a period of twenty-four hours in any of the
five boroughs based on the department of sanitation's measurements.
b. Beginning on November fifteenth, 2011, and on every November
fifteenth thereafter, the commissioner shall submit to the council and
make available to the public on the city's website a snow plowing and
removal plan for each borough that shall include, but not be limited to,
the following:
(1) The address of each department garage and other department
facility within the borough identified by district or section and the
number of uniformed department employees assigned to each such garage or
facility for purposes of addressing snow conditions;
(2) An inventory by district of department-owned snow management
equipment and resources and a city-wide inventory of other city-owned
snow management equipment and resources that could, if available, be
used during a snow event, as determined by city officials and the
agency, office, agencies or offices responsible for the deployment of
such city-owned snow management equipment and resources;
(3) (i) Definitions of each of the priority designation categories,
including criteria for making such designations and any changes to the
previous year's priority designation category and the reasons for such
changes; and (ii) a link to a website on which a map of each community
district with the priority designation categories for each street in
such district is viewable;
(4) How the department plans to address the following types of tasks
during a snow event: (i) plowing and/or removal of snow and ice from
streets within each borough; (ii) plowing and/or removal of snow and ice
from curb cuts and pedestrian medians at intersections on primary
streets; (iii) plowing and/or removal of snow and ice from crosswalks,
sidewalks adjacent to parks and bus stops; and (iv) dispersal of salt,
sand or other material applied to roads in icy or snowy conditions; and
(5) The commissioner shall designate and identify the following: (i)
the borough chief or chiefs who will be responsible for the
implementation of the applicable borough-specific snow plan; (ii)
department personnel who will report to the office of emergency
management on a city-wide basis during snow events and who will be
directly responsible for communicating with such office and the
department; and (iii) personnel from the department's customer service
and government relations offices who will communicate on a
borough-by-borough basis with council members, community boards and the
borough presidents in order to provide, receive and respond to
information from such elected officials and community boards regarding
snow event conditions.
c. Beginning on October first, two thousand eleven, and every October
first thereafter, the commissioner shall submit a draft snow plowing and
removal plan for each borough for comment to the council members,
community boards and borough president from that borough. Amendments to
the draft plan shall be included in the final snow plowing and removal
plan for each borough to be issued no later than November fifteenth of
each year pursuant to this section.
Section 16-125
§ 16-125 Dumping snow and ice from piers. The commissioner may cause
or authorize snow and ice to be dumped into the waters of the port of
New York, between the piers near the inshore ends.
Section 16-126
§ 16-126 Snow removal; employees and equipment. a. In case of a
snowfall or other emergency, the commissioner may employ and hire
temporarily as many persons, vehicles, machinery and equipment as shall
be rendered necessary by such emergency, forthwith reporting, in the
case of a snowfall, the number of such persons, vehicles, machinery and
equipment and in the case of any other emergency such action with the
full particulars thereof to the mayor, but in the case of a snowfall no
such person, vehicles, machinery or equipment shall be so hired or
employed for a longer period than seven days and in the case of any
other emergency for a longer period than three days.
b. All such employees shall be employed directly by the department and
not through contractors or other persons, unless the commissioner shall
determine that this requirement must for proper action in a particular
instance be dispensed with.
c. The services of any person employed, and of vehicles, machinery and
equipment hired pursuant to this section, shall be paid for in full and
directly by the department, at such times as may be prescribed by the
commissioner.
d. In all emergency work performed by laborers in the removal of snow
where workers are engaged by the hour or day by a contractor employed
for the purpose, such work shall be paid for directly to those
individuals employed on it, in the currency of the United States and not
by check or ticket. Every contractor engaged in the removal of snow
shall be required to stipulate with the commissioner or others empowered
to enter into contracts for that purpose, as the case may be, to observe
the provisions of this subdivision, a violation of which shall be deemed
to abrogate any such contract.
Section 16-127
§ 16-127 Earth, rocks and rubbish. a. In all cases where the sidewalk
or roadway of a street shall be incumbered or obstructed by the caving
in or falling off of any earth, rocks or rubbish, or anything whatever,
from any lot adjoining such sidewalk or roadway, the owner or occupant
of such lot, or the agent of such owner or occupant, shall cause such
earth, rocks, rubbish or other thing to be removed and cleaned from such
sidewalk or roadway, within three days after a written or printed notice
shall have been served by the commissioner or a duly designated
representative, on such owner, personally, or shall have been left at
the place of residence of such owner in this city; or, if such owner
does not reside in the city, and such notice shall not be personally
served, then within twenty days after such notice to be sent by mail,
addressed to such owner at his or her place of residence, or, when such
residence is unknown to such commissioner, within twenty days after such
notice shall have been posted in a conspicuous place on such premises.
b. If the owner, occupant or agent fails to comply with such notice,
within the time specified in this section, after notice thereof, the
commissioner shall cause the same to be removed at the expense of the
owner, occupant or agent, and such expense shall be sued for and
recovered in the name of the city.
c. The corporation counsel shall cause a statement of such cost and
expense, together with the description of the premises, to be filed in
the office of the register or county clerk of the appropriate county.
d. Any person convicted of a violation of any of the provisions of
this section shall be punished by a fine of not less than fifty dollars
nor more than two hundred fifty dollars, imprisonment for not more than
ten days, or both.
e. Any person violating the provisions of this section shall be liable
and responsible for a civil penalty of not less than twenty-five dollars
nor more than one hundred dollars.
f. In the instance where the notice of violation, appearance ticket or
summons is issued for a breach of the provisions of this section and
sets forth thereon civil penalties only, such process shall be
returnable to the environmental control board, which shall have the
power to impose the civil penalties hereinabove provided in subdivision
e of this section.
g. In the event that a violator fails to answer such notice of
violation, appearance ticket or summons within the time provided
therefor by the rules and regulations of the environmental control
board, such violator shall become liable for additional penalties. The
additional penalties shall not exceed fifty dollars for each violation.
Section 16-128
§ 16-128 Removal of incumbrances from streets. a. The commissioner
shall remove, or cause to be removed, any vehicle, box, barrel, bale of
merchandise or other movable property or article or thing whatsoever
found upon any street, in accordance with regulations adopted by the
board of estimate.
b. The board of estimate shall set forth, in such regulations, the
procedures to be followed by the commissioner relating to:
1. the leasing of yards for storage of property removed under the
authority of this section;
2. notification to the owner of the property removed, if such owner is
ascertainable, that the property is being held by the commissioner;
3. redemption, by the owner, of the property removed;
4. reimbursement, by the owner, of the expenses of removal incurred by
the commissioner;
5. the sale, by the commissioner, of the property held by him or her;
6. the keeping of records and accounts, the transmission of such
records to the comptroller, and the transmission of funds collected to
the commissioner of finance; and
7. such other regulations as the board of estimate may deem necessary
to carry out the provisions of this section.
c. Such regulations shall not become effective until adopted by the
board of estimate and filed, by the secretary of such board, with the
city clerk, pursuant to section eleven hundred five of the charter.
Section 16-129
§ 16-129 Rates for the use of department disposal facilities. The
commissioner may require any person desiring to use some or all of the
incinerators or other plants under his or her control to set apart for
his or her use, for the disposal of manure, swill, ashes, street
sweepings, bones, garbage, night soil, offal, fats, hides, hoofs or
other refuse parts of slaughtered animals, refuse, rubbish, bodies of
dead animals or any other offensive or noxious material, paper stock, or
trade waste, to pay for the disposal of the same at rates established by
the council by local law, upon recommendation of the commissioner, and
on such terms and conditions as such commissioner shall prescribe and
subject to rules governing the use of such incinerators or other plants,
except as otherwise provided by section 16-203. The commissioner may
make, adopt and promulgate rules to effectuate the purposes of this
section.
Section 16-129.1
§ 16-129.1 Rate for the use of department compost facilities. The
commissioner is authorized to collect a fee of ten dollars per cubic
yard for the disposal of yard waste at department compost facilities.
For purposes of this section, the term "yard waste" shall mean 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 inches in diameter
and eight feet in length shall be considered yard waste; and the term
"compost facilities" shall mean facilities operated by the department
and used for the aerobic and thermophilic decomposition of organic
constituents of solid waste to produce a stable, humus-like material.
Section 16-130
§ 16-130 Permit for operators of dumps, non-putrescible solid waste
transfer stations, putrescible solid waste transfer stations and fill
material operations. a. As used in this section: 1. The term "solid
waste" shall mean all putrescible and non-putrescible materials or
substances, other than those materials or substances described in
subparagraph (b) of this paragraph, that are discarded or rejected,
including but not limited to garbage, refuse, waste collected by any
person required to be licensed or registered pursuant to chapter 1 of
title 16-A of this code, 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 this title.
(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 useable 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 title 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 section 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 section 16-120.1 of the code, or any rules or regulations
promulgated pursuant to such provisions of law.
2. The term "putrescible solid waste" shall mean solid waste
containing organic matter having the tendency to decompose with the
formation of malodorous by-products;
3. The term "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;
4. The term "dump" shall mean any structure, building or other
premises, whether improved or unimproved, at which solid waste is
received for the purpose of final disposal, unless such waste is
received for a fill material operation;
5. The term "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;
6. The term "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;
7. The term "fill material" shall mean only clean material consisting
of earth, ashes, dirt, concrete, asphalt millings, 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; and
8. The term "fill material operation" shall mean the grading,
levelling, surcharging, compacting or final disposition of fill material
for the purpose of land alteration or improvement, including but not
limited to change of the existing property grade, filling of lands below
established grades or of lands under water to established grades, and
filling of lands which requires approval by any city or state agency.
b. It shall be unlawful for any person or public agency other than the
department to conduct, operate or use any pier or part thereof, or any
piece or parcel of land or land under water within the city as a dump or
as a non-putrescible solid waste transfer station or putrescible solid
waste transfer station, or for a fill material operation without having
first obtained for each pier or part thereof, or for each piece or
parcel of land or of land under water, in addition to any other permit
required by law, a permit from the commissioner and, where required by
any law or rule, the prior written approval of the commissioner of ports
and trade. The commissioner may establish by rule one or more classes of
permits pursuant to this section and section 16-131 of this chapter.
c. Nothing contained in this section or in section 16-131 of this
chapter shall be construed to allow the grading, levelling, surcharging,
compacting or final disposition of any material other than fill material
for the purpose of land alteration or improvement.
Section 16-131
§ 16-131 Rules for the operation of dumps, non-putrescible solid waste
transfer stations, putrescible solid waste transfer stations and fill
material operations; permits and fees. a. The commissioner shall have
power to adopt rules:
1. controlling and providing for supervision over the conduct,
operation, and use by persons or public agencies of all piers or lands
or lands under water used as dumps, non-putrescible solid waste transfer
stations or putrescible solid waste transfer stations, or for fill
material operations;
2. requiring applicants and permittees to disclose to the department
information determined by the commissioner to be necessary for the
department to fulfill its duties under this title. Such information may
include but need not be limited to financial statements, and any annual
or quarterly report required to be filed with the state department of
environmental conservation pursuant to regulations promulgated by such
department to regulate solid waste management facilities;
3. requiring permittees to maintain records determined by the
commissioner to be necessary for the department to fulfill its duties
under this chapter and to protect the public health and safety. Such
records shall include, without limitation, a log of the names of
prospective customers denied the use of such dump, transfer station, or
fill material operation.
b. The commissioner shall, pursuant to subdivision a of this section,
adopt rules:
1. establishing, in consultation with the commissioners of health and
environmental protection, requirements appropriate for protection of
public health and the environment concerning siting of dumps,
non-putrescible solid waste transfer stations, putrescible solid waste
transfer stations and/or fill material operations in relation to other
such facilities, residential premises and/or other premises for which
such requirements may be appropriate. Requirements established pursuant
to this paragraph shall be in addition to other applicable siting
requirements;
2. limiting the hours of operation of premises required to be
permitted pursuant to section 16-130 of this chapter;
3. prescribing the use of deodorants, and other odor control measures
as may be needed, at putrescible solid waste transfer stations and,
where appropriate, at other facilities required to be permitted pursuant
to such section;
4. prescribing the use of ventilation systems in fully enclosed
structures on premises required to be permitted pursuant to this
section; and
5. requiring that all activities relating to the processing, tipping,
sorting, storage and compaction of solid waste at putrescible solid
waste transfer stations, and, in the commissioner's discretion, at other
premises required to be permitted pursuant to this section, be conducted
within a fully enclosed structure. If the commissioner determines that
such activities would not adversely affect a residential area if not
conducted within a fully enclosed structure, then the commissioner may
grant an exemption from such requirement, provided that no exemption may
be granted in contravention of regulations promulgated by the state
department of environmental conservation to regulate solid waste
management facilities or other applicable law. Any person who, on the
effective date of this local law, holds a permit for, and conducts such
activities on, premises where no fully enclosed structure exists, and
who shall be required to conduct such activities within a fully enclosed
structure, may be granted a reasonable time, to be determined by the
commissioner, to construct such structure.
c. The commissioner shall issue permits to such persons or public
agencies engaged in use of piers or lands or lands under water within
the city as dumps, non-putrescible solid waste transfer stations or
putrescible solid waste transfer stations. The commissioner shall
collect an annual fee of seven thousand dollars for each permit for any
such pier or part thereof, or for each piece or parcel of land or land
under water used as a dump or as a non-putrescible solid waste transfer
station, and an annual fee of thirteen thousand dollars for each permit
for any such pier or part thereof, or for each piece or parcel of land
or land under water used as a putrescible solid waste transfer station.
The commissioner shall collect an annual registration fee of seven
thousand dollars for an intermodal solid waste container facility. The
commissioner may by rule provide for suspension or revocation of any
permit or registration issued pursuant to this subdivision for cause or
violation of the orders or rules of the commissioner.
d. The commissioner shall issue permits every six months to persons or
public agencies engaged in use of piers or lands or lands under water
for fill material operations. The commissioner shall collect a fee every
six months of twelve hundred fifty dollars for each permit for any such
pier or part thereof, or for each piece or parcel of land or land under
water where the anticipated or actual aggregate amount of fill material
for grading, levelling, surcharging, compacting or final dispostion
during such six-month period is equal to or greater than one thousand
cubic yards, and a fee of six hundred twenty-five dollars for each
permit for any such pier or part thereof, or for each piece or parcel of
land or land under water where the anticipated or actual aggregate
amount of fill material for grading, levelling, surcharging, compacting
or final disposition during such six-month period is less than one
thousand cubic years, provided that no fee shall be charged for the
first six-month permit issued in a calendar year for any pier or part
thereof, or for each piece or parcel of land or land under water where
the anticipated or actual aggregate amount of fill material for grading,
levelling, surcharging, compacting or final disposition during such
six-month period is less than three hundred cubic yards. The
commissioner may by regulation provide for suspension or revocation of
any permit issued pursuant to this paragraph for cause or violation of
the orders or rules or regulations of the commissioner. Notwithstanding
any other provision of this section or of section 16-130 of this
chapter, no permit or fee shall be required of an owner or occupant of
residential property engaged in a fill material operation on such
property where the anticipated or actual aggregate amount of fill
material for grading, levelling, surcharging, compacting or final
disposition during a six-month period is less than three hundred cubic
yards.
e. Rules adopted by the commissioner pursuant to this section shall
become effective only after filing and publication as prescribed by
chapter forty-five of the charter. In addition, notwithstanding such
chapter, prior to adoption by the commissioner of a final rule pursuant
to subdivision e of section one thousand forty-three of the charter, and
after consideration of relevant comments presented pursuant to
subdivision d of such section, the commissioner shall submit to the
council the draft text of the final rule proposed to be published in the
City Record; the council shall have thirty days to comment upon such
text. The final rule may include revisions in response to comment from
members of the council and shall not be published in the City Record
before the thirty-first day after such submission, unless the speaker of
the council authorizes earlier publication.
f. As used in this section:
1. the terms "dump," "non-putrescible solid waste transfer station,"
"putrescible solid waste transfer station," "fill material" and "fill
material operation" shall have the meanings ascribed in section 16-130
of this chapter; and
2. the term "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.
Section 16-131.1
§ 16-131.1 Issuance, renewal, suspension and revocation of permits.
The commissioner shall be responsible for the issuance, renewal,
suspension and revocation of permits required by section 16-130 of this
chapter. An application for such a permit shall also be presented by the
department to the New York city trade waste commission for review by
such commission. The commissioner shall consider the recommendations of
such commission in making a determination pursuant to this section.
a. The commissioner, consistent with article twenty-three-A of the
correction law, may refuse to issue or renew a permit required by
section 16-130 of this chapter, or may, after notice and the opportunity
to be heard, suspend or revoke such a permit when the applicant for such
permit or such permittee has been denied a license required by section
16-505 of this code to operate a business for the collection, removal or
disposal of trade waste or has had such a license revoked for the reason
that such applicant or licensee has been found to lack good character,
honesty and integrity by the trade waste commission pursuant to the
provisions of title 16-A of this code.
b. The commissioner, consistent with article twenty-three-A of the
correction law, may refuse to issue to an applicant a permit required by
section 16-130 of this chapter and may, after due notice and hearing, in
addition to any other penalties provided by law, refuse to renew,
suspend or revoke such permit upon the occurrence of any of the
following conditions:
1. the applicant or permittee has been convicted of a crime which in
the judgment of the commissioner has a direct relationship to his or her
fitness or ability to perform any of the activities for which a permit
is required under section 16-130 of this chapter; or
2. the applicant or permittee has been found by a court or an
administrative agency of competent jurisdiction to have violated:
(A) any provision of section 16-117.1, 16-119, 16-120.1, 16-130,
16-131, 16-131.2, 16-131.3 or 16-131.5 of this chapter; or
(B) any provision of article one hundred fifty-seven of the New York
city health code; or
(C) any other law or rule related to the conduct, operation or use of
a dump, non-putrescible solid waste transfer station, putrescible solid
waste transfer station or fill material operation; or
(D) any federal or state law prohibiting unfair trade practices or
conduct in restraint of competition, including but not limited to the
Sherman Anti-Trust Act (15 U.S.C. §1, §2), the Clayton Act (15 U.S.C. §
18), the Robinson Patman Act (15 U.S.C. §12 et seq.), the Federal Trade
Commission Act (15 U.S.C. §45 et seq.), and sections 340 et seq. of the
general business law or an equivalent offense under the laws of any
other jurisdiction; or
3. the commissioner has determined, after consideration of the results
of an investigation conducted pursuant to this section, that the
applicant or permittee has operated the business for which a permit is
required by section 16-130 of this chapter in a manner inconsistent with
the provisions of the federal or state laws prohibiting unfair trade
practices or conduct in restraint of competition set forth in
subparagraph (D) of paragraph two of this subdivision; or
4. the applicant or permittee has violated or failed to comply with
any of the conditions for issuance of such permit as provided in this
chapter or any of the rules promulgated hereunder.
c. Where the commissioner or the New York city trade waste commission
has reasonable cause to believe that a permittee or an applicant for a
permit required by section 16-130 of this code may lack good character,
honesty and integrity, such applicant or permittee shall, in addition to
providing the information required by the rules promulgated pursuant to
paragraph two of subdivision a of section 16-131 of this code, also
comply with the fingerprinting and disclosure requirements set forth in
subdivision b of section 16-508 of this code and pay the fee for the
investigation thereof set forth in the rules of the New York city trade
waste commission. The commissioner may, after consideration of the
results of such investigation, refuse for the reasons set forth in
section 16-509 of this code to issue a permit required by section 16-130
of this chapter and, after notice and opportunity to be heard, may
revoke or suspend any such permit upon a finding that the applicant or
the permittee lacks good character, honesty and integrity.
d. For the purposes of this section, "applicant" or "permittee" shall
mean the business of the applicant or permittee and any principal
thereof, as the term "principal" is defined in section 16-501 of this
code.
e. The New York city trade waste commission or the department of
investigation may, at the request of the commissioner, assist the
commissioner in any investigation conducted pursuant to this section.
Section 16-131.2
§ 16-131.2 Additional powers of the commissioner. In addition to any
other enforcement procedures authorized by law, the commissioner shall
have the powers described in this section.
a. The commissioner may order any person violating section 16-130 or
16-131 of this chapter or article one hundred fifty-seven of the New
York city health code to discontinue such violation immediately.
b. 1. If the commissioner finds that premises for which a permit is
required pursuant to section 16-130 of this chapter are being used
either without such permit or in a manner which poses an imminent threat
to the public health or safety, then the commissioner may order in
writing that (a) such premises be sealed, secured and closed and/or (b)
that equipment, vehicles or other personal property used on such
premises be removed or sealed and secured. Upon the effective date of
such order, no person shall have access to such premises and/or use such
equipment except as authorized by the commissioner. Upon such effective
date, authorized officers and employees of the department, the
department of health and mental hygiene and the New York city police
department shall act upon and enforce such order. The finding whether an
imminent threat to the public health or safety exists shall be based on
factors that include but are not limited to: (i) the quantity of solid
waste, or of material listed in subparagraph (b) of paragraph one of
subdivision a of section 16-130 of this chapter, that may pose a threat;
(ii) the types of solid waste, or of such material listed in such
subparagraph, that may pose a threat; and/or (iii) the risk of harm to
the public or the environment. For the purpose of this paragraph:
"sealed, secured and closed" or "sealed and secured" shall mean the use
of any means available to render the premises or any part thereof,
and/or any equipment, vehicles or other personal property contained
therein, inaccessible or inoperable, including but not limited to the
use of a padlock or cinder blocks.
2. Any equipment, vehicles or other personal property removed pursuant
to an order issued under paragraph one of this subdivision may be stored
in a garage, pound or other place of safety, and the owner or other
person lawfully entitled to the possession of such equipment, vehicles
or other personal property may be charged with the reasonable costs for
removal and storage, payable prior to the release of such equipment,
vehicles or other personal property. Equipment, vehicles or other
personal property not reclaimed by such owner or other person within
ninety days of the notification to such owner or other person that such
order has been rescinded shall be deemed abandoned and may be disposed
of by the department at a public auction, provided that vehicles deemed
abandoned shall be disposed of in a manner consistent with section
twelve hundred twenty-four of the vehicle and traffic law and that
timely notice of any public auction shall be provided to any record
holder of a security interest at the address for such holder set forth
in any instrument recorded in the city of New York.
3. Any order to seal, secure and close premises pursuant to paragraph
one of this subdivision, or to remove or seal and secure equipment,
vehicles or other personal property issued pursuant to such paragraph,
shall contain notice of the right to request a hearing within thirty
days of delivery of such order and posting of such order pursuant to the
first sentence of paragraph four of this subdivision. If a hearing is
requested within such thirty day period, the order shall be effective as
set forth in the determination of the commissioner. If no hearing is
requested within such thirty day period the order shall be effective on
the thirtieth day after such delivery and posting pursuant to such
sentence. A hearing held pursuant to this paragraph shall be conducted
by the department. The hearing officer shall submit recommended findings
of fact and a recommended decision to the commissioner, who shall make
the final findings of fact and the final determination. Notwithstanding
the foregoing provisions of this paragraph, if such order is based upon
a finding by the commissioner of an imminent threat to the public health
or safety, such order may provide that it shall be effective immediately
upon posting pursuant to the first sentence of paragraph four of this
subdivision; in such case a hearing shall be held within three business
days of a request for such hearing and a determination shall be rendered
within four business days of the conclusion of such hearing.
4. Orders of the commissioner issued pursuant to this subdivision
shall be served by delivery of the order to the permittee, owner or
other person of suitable age and discretion in actual or apparent
control of the premises, equipment, vehicles or other personal property,
and shall be posted at the premises that have been sealed, secured and
closed, or on or in the vicinity of the equipment, vehicles or other
personal property that has been sealed and secured, or on the premises
from which equipment, vehicles or other personal property has been
removed. The commissioner shall ensure that notice is delivered and
posted pursuant to this paragraph, and in addition shall ensure that
such order is mailed to the permittee at the residence or business
address for such permittee set forth in the records of the department,
to the record owner of such premises, and any record mortgagee of such
premises, at the address set forth in the recorded instrument and to the
person designated as owner or agent of the premises or designated to
receive real property tax or water bills for the premises 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, to the owner
of such vehicles at the address for such owner set forth in the
registration record maintained by the department of motor vehicles
pursuant to section four hundred one of the vehicle and traffic law or
for vehicles not registered in New York state, such equivalent record in
the state of registration, and to any record holder of a security
interest in equipment, vehicles or other personal property at the
address for such holder set forth in any instrument recorded in the city
of New York, and at the address for such holder set forth in any
certificate of title issued by the department of motor vehicles pursuant
to title ten of the vehicle and traffic law. In addition, such order
shall be mailed to the owner of equipment or personal property, other
than vehicles, at any address for such owner provided by the permittee
or the person to whom such order is delivered pursuant to the first
sentence of this paragraph.
5. Where premises have been sealed, secured and closed or equipment,
vehicles, or other personal property has been sealed and secured or
removed by order of the commissioner issued pursuant to paragraph one of
this subdivision, the permittee, owner or other person lawfully entitled
to the possession of the premises or equipment, vehicles or other
personal property, may at any time provide to the commissioner
assurances that the conditions which caused the issuance of such order
have been corrected and will not reoccur and any necessary permit will
be obtained. Upon receipt of such assurances, the commissioner shall
within two business days either issue a written determination that such
conditions have not been corrected, or are likely to reoccur, or, if
such assurances are satisfactory, rescind such order; provided that no
equipment, vehicles or other personal property shall be released after
such rescission unless costs for removal and storage owed pursuant to
paragraph two of this subdivision have been paid.
6. (a) No person shall remove or cause to be removed the seal from, or
otherwise enter without the commissioner's authorization, any premises
sealed by order of the commissioner issued pursuant to paragraph one of
this subdivision.
(b) No person shall remove or cause to be removed the seal from, or
otherwise tamper with or use, any equipment, vehicles or other personal
property sealed by order of the commissioner issued pursuant to
paragraph one of this subdivision.
(c) Any person who violates this paragraph shall upon conviction be
guilty of a misdmeanor and be punished by a fine not to exceed
twenty-five thousand dollars, or by imprisonment for a term of not more
than one year, or by both such fine and imprisonment.
Section 16-131.3
§ 16-131.3 Removal or abatement of public nuisance. a. 1. Whenever the
commissioner finds that there exists, on premises required to be
permitted pursuant to section 16-130 of this chapter, a condition
hazardous to public health or safety, the commissioner may declare such
premises to be a public nuisance and order the permittee and/or owner to
remove or abate such public nuisance as such order shall specify. It
shall be the duty of such permittee and/or owner upon whom such an order
has been served to remove or abate such public nuisance in the manner
and in the time provided by such order.
2. For the purpose of this subdivision, the finding whether a
condition hazardous to the public health or safety exists shall be based
on factors that include but are not limited to: (i) the quantity of
solid waste, or of material listed in subparagraph (b) of paragraph one
of subdivision a of section 16-130 of this chapter, that may create a
condition hazardous to the public health or safety; (ii) the types of
solid waste, or of such material listed in such subparagraph, that may
create such a condition; and/or (iii) the risk of harm to the public or
the environment.
b. 1. An order of the commissioner issued pursuant to subdivision a of
this section shall specify the work to be performed and shall fix a
reasonable time for compliance which shall not be less than thirty days
from the date of service of such order, or twenty days after the
commissioner's determination pursuant to paragraph four of this
subdivision, whichever is later. Such order shall contain a statement
that upon the failure of the permittee and/or owner of such premises to
comply with the commissioner's order within the stated time, the
department may perform the work specified in the order or the department
may apply for a court order directing such permittee and/or owner to
comply with the commissioner's order or directing the department to
perform the work specified in the commissioner's order. Such statement
shall also indicate that if any of the work specified in the
commissioner's order is performed by or on behalf of the department, the
expense incurred in performing such work shall be a debt recoverable
from such permittee and/or owner and a lien on the premises, including
the land and buildings, with respect to which such order was issued.
2. Service of such order shall be made upon such permittee and/or
owner by personal service or by certified mail addressed to the last
known address of such permittee and/or owner or in any manner provided
for service of process by article three of the civil practice law and
rules. The commissioner may serve a copy of such order on any mortgagee
or lienor of record in the same manner.
3. A copy of such order shall be filed with the office of the register
in the county in which the premises with respect to which such order was
issued are situated, provided, that in the county of Richmond, such copy
shall be filed with the county clerk.
4. Within fifteen days after service of such order upon the permittee
and/or owner, such permittee and/or owner or a mortgagee or lienor upon
whom a copy of such order has been served may request a hearing. Such
hearing shall be conducted by the department. The hearing officer shall
submit recommended findings of fact and a recommended decision to the
commissioner, who shall make the final findings of fact and the final
determination.
c. If the permittee and/or owner fails to comply with the
commissioner's order within the time fixed for compliance pursuant to
subdivision b of this section, the department may perform the work
specified in the order.
d. As an alternative to the remedy set forth in subdivision c of this
section, if the permittee and/or owner fails to comply with the
commissioner's order within the time fixed for compliance pursuant to
subdivision b of this section, the commissioner may apply to any court
of competent jurisdiction, upon such notice and in such manner as the
court shall direct, for an order directing the permittee and/or owner to
comply with the commissioner's order or directing the department to
perform the work specified in the commissioner's order.
e. 1. Whenever the commissioner finds that there exists on premises
declared to be a public nuisance pursuant to subdivision a of this
section a condition that poses an imminent threat to the public health
or safety which requires immediate remedial action, the commissioner
may, in his or her discretion, order the permittee and/or owner to
remove or abate such public nuisance, or direct the department to remove
or abate such public nuisance, and, notwithstanding any provision of
this section to the contrary, no hearing shall be required to be held
before the time fixed in the order for compliance, or before the
department removes or abates such public nuisance, and the time for
compliance provided in paragraph one of subdivision b of this section
shall not apply to an order issued pursuant to this subdivision. Notice
of an order or direction issued pursuant to this subdivision shall be
served in the manner prescribed in paragraph two of subdivision b of
this section, provided, that if the commissioner determines that service
in such manner would result in delay prejudicial to the public health or
safety, then the commissioner may serve such order or direction by
delivery of a copy thereof to a person of suitable age and discretion in
actual or apparent control of the premises to which it relates, or, if
service cannot be made in such manner, by copy posted upon the premises
to which it relates. An order or direction served in the manner
prescribed in this subdivision shall take effect when delivered or when
posted. After such order or direction takes effect, the commissioner
shall serve such order or direction in the manner prescribed in
paragraph two of subdivision b of this section. Such additional service
shall include notice of the earlier service of such order or direction.
2. Notwithstanding any other provision of this section, if an order or
direction is issued pursuant to paragraph one of this subdivision, a
hearing shall be held within three business days of a request for such
hearing and a determination shall be rendered within four business days
of the conclusion of such hearing. Such hearing shall be conducted by
the department. The hearing officer shall submit recommended findings of
fact and a recommended decision to the commissioner, who shall make the
final findings of fact and the final determination.
3. For the purpose of this subdivision, the finding whether an
imminent threat to the public health or safety exists shall be based on
factors that include but are not limited to: (i) the quantity of solid
waste, or of material listed in subparagraph (b) of paragraph one of
subdivision a of section 16-130 of this chapter, that may pose a threat;
(ii) the types of solid waste, or of such material listed in such
subparagraph, that may pose a threat; and/or (iii) the risk of harm to
the public or the environment.
f. The commissioner may request the assistance of the department of
health or any city, state or federal agency to perform work on its
behalf pursuant to this section.
g. 1. The expense of the department with respect to any work performed
by or on behalf of the department pursuant to subdivisions c, d and e of
this section shall be a debt recoverable from the permittee and/or owner
and a lien upon the premises, including the land and buildings, with
respect to which such work was performed.
2. The department shall keep a record of all work performed by or on
behalf of the department. Such records shall be accessible to the public
during business hours. Within thirty days after the issuance of a
purchase or work order for such work, such order shall be entered on the
records of the department. Such entry shall constitute notice to all
parties.
3. All such expenses shall constitute a lien upon the premises when
the amount thereof shall have been definitely computed as a statement of
account by the department and the department shall cause to be filed in
the office of the city collector an entry of the account stated in the
book in which such charges against the premises are to be entered. Such
lien shall have a priority over all other liens and encumbrances on the
premises except for the lien of taxes and assessments. However, no lien
created pursuant to this section shall be enforced against a subsequent
purchaser in good faith or mortgagee in good faith unless such
transaction occurred after the date of entry of a purchase or work order
on the records of the department pursuant to paragraph two of this
subdivision.
4. A notice thereof stating the amount due and the nature of the
charge shall be mailed by the city collector within five days after such
entry to the last known address of the person whose name appears on the
records in the office of the city collector as being the owner or agent
or as the person designated by the owner to receive tax bills or, where
no name appears, to the premises, addressed to either the owner or the
agent. Such notice shall have stamped or printed thereon a reference to
this section.
5. If such charge is not paid within thirty days from the date of
entry, it shall be the duty of the city collector to receive interest
thereon at the rate of interest applicable to such property for a
delinquent tax on real property to be calculated to the date of payment
from the date of entry.
6. Such charge and the interest thereon shall continue to be, until
paid, a lien on the premises. Such charge and interest may be collected
and the lien thereof may be foreclosed in the manner provided by law for
the collection and foreclosure of taxes, sewer rents, sewer surcharges
and water charges due and payable to the city and the provisions of
chapter four of title eleven of the code shall apply to such charges and
the interest thereon and the lien thereof.
7. (a) In any proceedings to enforce or discharge the lien, the
validity of the lien shall not be subject to challenge based on (i) the
lawfulness of the work done; or (ii) the propriety and accuracy of the
items of expenses for which a lien is claimed, except as provided in
this paragraph.
(b) No such challenge may be made except by (i) the owner of the
property, or (ii) a mortgagee or lienor whose mortgage or lien would but
for the provisions of this section have priority over the department's
lien.
(c) An issue specified in subparagraph (a) which was decided or could
have been contested in a prior court proceeding to secure a court order
pursuant to subdivision d of this section shall not be open to
reexamination, but if any mortgagee or lienor of record was not served
with an order of the commissioner pursuant to paragraph two of
subdivision b and with notice of such proceeding, his or her mortgage or
lien shall have the same priority over the lien of the department that
it would have had but for the provisions of this section.
8. In addition to establishing a lien, the department may recover such
expenses and interest by bringing an action against the permittee and/or
owner. The institution of such action shall not suspend or bar the right
to pursue any other remedy provided by law for the recovery of such
debt.
h. Nothing contained in this section shall be construed to restrict
authority to provide for the abatement of a public nuisance conferred
upon any agency of the city by any other provision of law.
i. For purposes of this section, "owner" means a person having title
to any premises or structure; a tenant, lessee or occupant; a mortgagee
or vendee in possession; a trustee in bankruptcy; a receiver or any
other person having legal ownership or control of any premises or
structure.
Section 16-131.4
§ 16-131.4 Impoundment and forfeiture. a. Any equipment, vehicles or
other personal property that has been used or is being used to violate
the provisions of section 16-130, 16-131, 16-131.2 or 16-131.3 of this
chapter or article one hundred fifty-seven of the New York city health
code may be impounded by the department pending forfeiture pursuant to
the provisions of this section. Such equipment, vehicles or other
personal property shall be released by the end of the following business
day unless the department ascertains either (i) that the owner of the
premises upon which the equipment, vehicles or other personal property
has been or is being used has not obtained a permit required by section
16-130 of this chapter, (ii) that the owner has been convicted of or
found liable for a violation of section 16-130, 16-131, 16-131.2 or
16-131.3 of this chapter, or article one hundred fifty-seven of the New
York city health code, in a civil or criminal judicial proceeding or in
a proceeding before an agency of competent jurisdiction and such
violation was committed within eighteen months prior to the violation of
law for which such equipment, vehicles or other personal property was
impounded, or (iii) that the alleged violation of such sections or
article for which such equipment, vehicles or other personal property
was impounded involves the unlawful handling, processing,
transportation, disposal or storage of a material identified as a
hazardous waste or an acute hazardous waste in regulations promulgated
pursuant to section 27-0903 of the environmental conservation law.
b. Notice of impoundment and intended forfeiture shall be served
together with the notice of the violation of law for which equipment,
vehicles or other personal property was impounded. Such notice shall
contain notice of the right to request a hearing before the department
with respect to whether there is reasonable cause to believe that such
equipment, vehicles or other personal property will be subject to
forfeiture; a hearing shall be provided within three business days of
such request, and a determination shall be rendered within four business
days of the conclusion of such hearing. The hearing officer shall submit
recommended findings of fact and a recommended decision to the
commissioner, who shall make the final findings of fact and the final
determination. If the commissioner determines that there is not
reasonable cause to believe that such equipment, vehicles or other
personal property will be subject to forfeiture, the department shall
release such equipment, vehicles or other personal property, and no
charges or fees shall be imposed as a condition of such release. If the
commissioner determines that there is reasonable cause to believe that
such equipment, vehicles or other personal property will be subject to
forfeiture, the department may retain such equipment, vehicles or other
personal property pending forfeiture pursuant to the provisions of this
section. If after adjudication of the violation of law for which such
equipment, vehicles or other personal property was impounded the court
or agency of competent jurisdiction finds the respondent not guilty of
or not liable for such violation, such equipment, vehicles or other
personal property shall be released forthwith, and no charges or fees
shall be imposed as a condition of such release. If after adjudication
of such violation of law, the court or agency of competent jurisdiction
finds the respondent guilty of or liable for such violation, then upon
demand of the respondent the department shall either release such
equipment, vehicles or other personal property upon payment of all
outstanding fines and civil penalties, and removal charges and storage
fees, or commence a forfeiture proceeding pursuant to this section
within ten days after such demand.
c. In addition to any other penalties provided in this section, the
interest of an owner in any equipment, vehicles or other personal
property impounded pursuant to subdivision a of this section shall be
subject to forfeiture upon notice and judicial determination thereof if
such owner either (i) has not obtained a permit required by section
16-130 of this chapter and has been convicted of or found liable for a
violation of section 16-130, 16-131, 16-131.2, or 16-131.3 of this
chapter, or article one hundred fifty-seven of the New York city health
code, in a civil or criminal judicial proceeding or in a proceeding
before an agency of competent jurisdiction, (ii) has been convicted of
or found liable for a violation of one of such sections, or such
article, two or more times, in a civil or criminal judicial proceeding
or in a proceeding before such agency, both of which violations were
committed within an eighteen month period, or (iii) has been convicted
of or found liable for a violation of one of such sections or such
article in a civil or criminal judicial proceeding or in a proceeding
before such agency where such violation involved the unlawful handling,
processing, transportation, disposal or storage of a material identified
as a hazardous waste or an acute hazardous waste in regulations
promulgated pursuant to section 27-0903 of the environmental
conservation law.
d. Except as hereinafter provided, the city agency having custody of
equipment, vehicles or other personal property, after judicial
determination of forfeiture, shall no sooner than thirty days after such
determination upon a notice of at least five days, sell such forfeited
equipment, vehicles or other personal property at public sale, provided
that no sooner than thirty days after judicial determination of
forfeiture or the date of final determination of a claim asserted
pursuant to this subdivision, whichever is later, the city may instead
convert such equipment, vehicles or other personal property to its own
use. Any person, other than an owner whose interest is forfeited
pursuant to this section, who establishes a right of ownership in
equipment, vehicles or other personal property, including a part
ownership or security interest, shall be entitled to delivery of the
equipment, vehicles or other personal property if such person:
1. redeems the ownership interest which was subject to forfeiture by
payment to the city of the value thereof; and
2. pays the reasonable expenses of the safekeeping of the vehicle
between the time of seizure and such redemption; and
3. asserts a claim within thirty days after judicial determination of
forfeiture.
Notwithstanding the foregoing provisions establishment of a claim
shall not entitle such person to delivery if the city establishes that
the activity in violation of law for which the equipment, vehicles or
other property was seized was expressly or impliedly permitted by such
person.
e. For purposes of this section, "owner" means a person, other than a
holder of a security interest, having the property in or title to
equipment, vehicles or other personal property, including but not
limited to a person entitled to use and possession of equipment,
vehicles or other personal property subject to a security interest in
another person and also includes any lessee or bailee having exclusive
use thereof.
Section 16-131.5
§ 16-131.5 Inquiries and subpoena power. The commissioner shall have
the power to conduct such inquiries as may assist him or her in the
performance of the functions of the department pursuant to sections
16-117.1, 16-120.1, 16-119, 16-130, 16-131, 16-131.1, 16-131.2,
16-131.3, 16-131.4 or 16-133 of this chapter and for such purpose shall
have subpoena power to compel the attendance of witnesses, to administer
oaths, examine witness and to compel the production of books, papers and
documents.
Section 16-132
§ 16-132 Lease of advertising space on litter baskets. Notwithstanding
any other provision of local law, the commissioner shall have the power,
subject to the approval of the board of estimate, to lease, rent or
otherwise grant advertising space to any person on any basket, container
or receptacle placed in a public place by the department or its
authorized agent for the public disposal of litter and to collect
rentals, fees, charges or accept any other consideration for the lease,
rental or other grant of such advertising space.
Section 16-133
§ 16-133 Enforcement. a. 1. Any person who violates any provision of
section 16-129, 16-130, 16-131, 16-131.2, 16-131.3 or 16-131.5 of this
chapter, or article one hundred fifty-seven of the New York city health
code, shall be guilty of a misdemeanor, and upon conviction thereof
shall be punished by a fine not to exceed twenty-five thousand dollars,
or by imprisonment for a term of not more than one year, or by both such
fine and imprisonment.
2. In addition to any other penalties provided under paragraph one of
this subdivision, any violation of section 16-129, 16-130, 16-131,
16-131.2, 16-131.3 or 16-131.5 of this chapter, or article one hundred
fifty-seven of the New York city health code, shall be punishable by a
civil penalty of not less than twenty-five hundred dollars nor more than
ten thousand dollars for the first violation, not less than five
thousand nor more than ten thousand dollars for the second violation
committed in a period of three years, and ten thousand dollars for the
third and any subsequent violation committed in such period. Every owner
of premises or of equipment, vehicles or other personal property shall
be punishable by a civil penalty of not less than twenty-five hundred
dollars nor more than ten thousand dollars for the first violation, not
less than five thousand nor more than ten thousand dollars for the
second violation committed in a period of three years, and ten thousand
dollars for the third and any subsequent violation committed in such
period by any person using or operating the same, in the business of
such owner or otherwise, with the permission, express or implied, of
such owner. In the case of a continuing violation, every day's
continuance thereof may be deemed to be a separate and distinct
violation. Civil penalties shall be recovered in a civil action brought
in the name of the commissioner or in a proceeding before the
environmental control board, provided however that civil penalties for
violations of article one hundred fifty-seven of the New York city
health code may only be recovered as provided by law for violations of
the New York city health code. As used in this paragraph, "owner" means
a person, other than a holder of a security interest, having the
property in or title to premises or equipment, vehicles or other
personal property, including but not limited to a person entitled to use
and possession of premises or equipment, vehicles or other personal
property subject to a security interest in another person and also
includes any lessee or bailee having exclusive use thereof.
b. 1. Any person who violates any provision of section 16-117 of this
chapter shall be guilty of a violation, and upon conviction thereof
shall be punished by a fine of not less than two hundred fifty dollars
nor more than five hundred dollars, or by imprisonment for a term of not
more than fifteen days, or by both such fine and imprisonment.
2. In addition to any other penalties provided under paragraph one of
this subdivision, any violation of section 16-117 of this chapter shall
be punishable by a civil penalty of not less than two hundred fifty
dollars nor more than five hundred dollars. Civil penalties shall be
recovered in a civil action brought in the name of the commissioner or
in a proceeding before the environmental control board.
c. The commissioner shall have the power to issue notices of violation
for violations of article one hundred fifty-seven of the New York city
health code and such notices of violation shall be returnable as
provided by law for violations of the New York city health code.
d. The commissioner of health shall have the power to issue notices of
violation for violations of sections 16-130 and 16-131 of this chapter,
and such notices of violation shall be returnable in a civil action
brought in the name of the commissioner of health or in a proceeding
before the environmental control board.
e. Nothing contained in this section shall be construed to restrict
existing authority of any agency to enforce any other provision of law,
including but not limited to any provision of the New York city health
code.
Section 16-134
§ 16-134 Comprehensive study of commercial solid waste management
system required. a. 1. "Long haul transport vehicle" shall mean any
motor vehicle used to remove solid waste or other material from a
putrescible or non-putrescible solid waste transfer station for final
disposal, reuse or recycling.
2. "Private carter" shall mean any individual or business entity
required to obtain a license from the trade waste commission pursuant to
subdivision a of section 16-505 of this title.
3. "Trade waste commission" shall mean the New York city trade waste
commission as established by section 16-502 of this title.
b. The department, in consultation with the trade waste commission,
shall enter into one or more contracts for the performance of a
comprehensive study of the existing commercial solid waste management
system within the city of New York. In performing the study, the
department and/or the contractor or contractors shall solicit and
consider the views of elected officials, the citywide recycling advisory
board, the borough solid waste advisory boards and the public, including
residents of affected communities, environmental advocacy organizations,
transfer station operators, private carters, business entities and
academicians, and respond to substantive issues raised. The study shall
include, but need not be limited to, an analysis of the following:
1. the effectiveness of procedures employed and the criteria applied
by the department for the issuance and renewal of permits for the
operation of putrescible and non-putrescible solid waste transfer
stations in minimizing potential adverse environmental economic and
public health impacts on the communities in which such transfer stations
are located by examining such issues as (i) the effectiveness of the
criteria applied by the department to the siting of putrescible and
non-putrescible solid waste transfer stations, including the aggregate
effect of the geographic proximity of solid waste transfer stations to
each other and (ii) the scope and effectiveness of the operational
restrictions imposed upon putrescible and non-putrescible solid waste
transfer stations including the hours of operation and any performance
standards established in the zoning resolution of the city of New York;
2. the manner in which all applicable laws, rules and regulations
relating to the operation of putrescible and non-putrescible solid waste
transfer stations, private carters and long haul transport vehicles are
enforced, including who should be responsible for such enforcement and
the effectiveness of such enforcement in obtaining compliance with such
laws, rules and regulations and in minimizing potential environmental
economic and public health impacts and an analysis of rules relating to
routes for transporting material to or from such transfer stations;
3. the means and potential effects of limiting the number and capacity
of putrescible and non-putrescible solid waste transfer stations in the
city;
4. the size and type of vehicles that should be authorized to
transport solid waste to or from putrescible and non-putrescible solid
waste transfer stations and fuel-type requirements for such vehicles;
5. whether putrescible and non-putrescible solid waste transfer
stations and city-owned marine transfer stations should receive and
process both residential and commercial solid waste and the options for
transporting such solid waste to and from such transfer stations,
including an analysis of potential environmental, economic and public
health impacts; and
6. potential environmental, economic and public health impacts on
communities in which large numbers of privately-owned putrescible and
non-putrescible solid waste transfer stations are located such as, but
not limited to, potential impacts related to air quality, water quality,
odors, traffic congestion and noise.
c. The study required by subdivision b of this section, and a report
containing a detailed analysis of the findings of such study, as well as
recommendations based on such analysis and findings, shall be completed
no later than eighteen months after registration of the consultant
contract and at least two months before the next draft comprehensive
solid waste management plan is submitted to the council or the New York
state department of environmental conservation. Such report shall be
submitted to the mayor and the council immediately upon its completion.
A preliminary report containing data necessary to perform the analyses
described in subdivision b of this section shall be submitted by the
department to the mayor and the council during or before the last
quarter of calendar year two thousand one.
d. Such study shall be performed and such report shall be prepared in
a manner designed to assist in the preparation of the next comprehensive
solid waste management plan for the city of New York required by section
27-0107 of the New York state environmental conservation law.
Section 16-135
§ 16-135 Snow removal volunteer registry. a. The department or such
entity as the commissioner delegates, shall:
1. assist organizations such as local not-for-profit organizations,
civic organizations and community groups to establish registries of
volunteers willing to help remove snow on behalf of persons who have
difficulty fulfilling their obligations under section 16-123 of this
chapter due to infirmity, illness or physical incapacity;
2. assist such organizations with volunteer recruitment efforts; and
3. assist such organizations in their efforts to inform the public
about how to request assistance from the volunteers in their registries.
b. The provisions of this section shall not alter the obligations of
any persons under section 16-123 of this chapter.
c. Notwithstanding the provisions of subdivision a of this section,
snow removal volunteers shall not be considered employees or volunteers
of the city and the city does not guarantee or warranty any of the work
performed by snow removal volunteers, nor shall the city indemnify snow
removal volunteers for any claims, damages, losses, and expenses arising
out of or resulting from any act, conduct, omission, negligence,
misconduct or unlawful act performed pursuant to this section.
Section 16-140
§ 16-140 Solid Waste Management Plan. (a) No final solid waste
management plan for the city shall be submitted pursuant to article
twenty-seven of the environmental conservation law unless such
submission has been authorized by the council by local law, except as
provided in subdivisions c, d and e of this section.
(b) A draft solid waste management plan for the city which is to be
submitted pursuant to article twenty-seven of the environmental
conservation law shall be presented to the council at or before the time
of such submission, but in no event later than the thirty-first day of
March, nineteen hundred ninety-two. Any comments by the New York State
department of environmental conservation shall be transmitted to the
council immediately upon their receipt.
(c) A proposed final solid waste management plan shall be presented to
the council within forty-five days after the receipt of comments by the
New York State department of environmental conservation but in no event
later than the twenty-sixth day of June, nineteen hundred ninety-two.
The council shall, not later than the thirty-first day of August,
nineteen hundred ninety-two, pass a local law which either grants or
denies the authority for the submission of a proposed final solid waste
management plan for the city.
(d) Notwithstanding the provisions of subdivision c of this section,
in the event that on or before the tenth day of July, nineteen hundred
ninety-two, the council passes a local law which denies the authority
for the submission of a proposed final solid waste management plan for
the city pursuant to article twenty-seven of the environmental
conservation law and the mayor disapproves such law, such proposed plan
shall not be submitted until either two-thirds of all the members of the
council have voted whether to repass such local law, or the period
within which such repassing may occur has expired, pursuant to section
thirty-seven of the charter. In the event that such local law is
repassed by a two-thirds vote of all the members of the council, such
proposed plan shall not be submitted.
(e) Notwithstanding the provisions of subdivisions a and c of this
section, in the event the council does not act in accordance with
subdivision c of this section, such proposed final solid waste
management plan may be submitted pursuant to article twenty-seven of the
environmental conservation law.
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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