Section 16-305
§ 16-305 Recycling of department-managed solid waste. a. 1. The
following recycling percentage goals are established for the recycling
of department-managed solid waste:
i. by July first, two thousand eleven, sixteen percent of
department-managed solid waste;
ii. by July first, two thousand thirteen, nineteen percent of
department-managed solid waste;
iii. by July first, two thousand fourteen, twenty-one percent of
department-managed solid waste;
iv. by July first, two thousand sixteen, twenty-four percent of
department-managed solid waste;
v. by July first, two thousand eighteen, twenty-seven percent of
department-managed solid waste;
vi. by July first, two thousand nineteen, thirty percent of
department-managed solid waste; and
vii. by July first, two thousand twenty, thirty-three percent of
department-managed solid waste.
2. In addition, the following recycling goals are established for
curbside and containerized waste collected by the department:
i. By July first, two thousand eleven, sixteen percent of curbside and
containerized waste collected by the department;
ii. By July first, two thousand thirteen, eighteen percent of curbside
and containerized waste collected by the department;
iii. By July first, two thousand fourteen, nineteen percent of
curbside and containerized waste collected by the department;
iv. By July first, two thousand sixteen, twenty-one percent of
curbside and containerized waste collected by the department;
v. By July first, two thousand eighteen, twenty-three percent of
curbside and containerized waste collected by the department;
vi. By July first, two thousand nineteen, twenty-four percent of
curbside and containerized waste collected by the department; and
vii. by July first, two thousand twenty, twenty-five percent of
curbside and containerized waste collected by the department.
b. The commissioner shall adopt and implement rules designating at
least six recyclable materials, including plastics to the extent
required in subdivision c of this section and yard waste to the extent
required in section 16-308 of this chapter, contained in
department-managed solid waste and requiring households to source
separate such designated materials.
c. 1. Prior to commencing delivery of department-managed recyclable
materials to the designated recycling processing facility at the South
Brooklyn Marine Terminal, the commissioner shall designate as recyclable
materials, and require the source separation of, rigid plastic
containers.
2. If the commissioner, in his or her discretion, determines that the
cost to the city of recycling rigid plastic containers required to be
designated as recyclable materials pursuant to paragraph one of this
subdivision is not reasonable in comparison with the cost of recycling
only metal, glass and plastic and have been designated as recyclable
materials as of the effective date of the local law that added this
subdivision, the commissioner shall within ten business days notify and
provide documentation to the council of the factors relied upon to make
such determination and shall not be required to designate any such rigid
plastic containers as recyclable materials.
3. If the commissioner determines that the cost to the city of
recycling rigid plastic containers is not reasonable in comparison with
the cost of recycling only metal, glass and plastic that have been
designated as recyclable materials as of the effective date of the local
law that added this subdivision, the commissioner shall annually
reevaluate the cost to the city of designating such rigid plastic
containers as recyclable materials, and shall annually make a new
determination as to whether the cost of designating such containers as
recyclable materials is reasonable in comparison with the cost of
recycling only metal, glass and plastic that have been designated as
recyclable materials as of the effective date of the local law that
added this subdivision and shall report such evaluations to the council
as part of the department's annual recycling report required pursuant to
subdivision k of section 16-305 of this chapter. The department shall
not promulgate rules designating rigid plastic containers as recyclable
materials, and need not conduct outreach or education relating thereto
if, pursuant to paragraph two of this subdivision, the commissioner
determines that the cost of the city of recycling rigid plastic
containers is not reasonable in comparison with the cost of recycling
only metal, glass and plastic that have been designated as recyclable
materials as of the effective date of the local law that added this
subdivision.
4. Immediately following the promulgation of rules designating rigid
plastic containers as recyclable materials, the department shall
undertake outreach and education, in cooperation with any other agency
or entity designated for that purpose by the commissioner, to inform
residents of such new designation and to provide instruction on
compliance with the requirements of this subdivision and the rules
promulgated pursuant thereto.
d. The commissioner shall adopt and implement rules establishing
procedures requiring the placement of the designated materials at the
curbside, in specialized containers, or in any other manner the
commissioner determines, to facilitate the collection of such materials
in a manner that enables them to be recycled. Under such rules, no
person shall be liable for incorrectly placing a non-designated rigid
plastic container in the recycling stream.
e. Where the department provides solid waste collection services to a
building containing at least four and no more than eight dwelling units,
the commissioner shall adopt and implement rules requiring the owner,
net lessee or person in charge of such building to:
1. provide for the residents, where practicable, a designated area
and, where appropriate, containers in which to store the source
separated or other designated recyclable materials to be collected by
the department; and
2. inform all residents of the requirements of this chapter and the
rules promulgated pursuant thereto by, at a minimum, posting
instructions on source separation in or near the designated recycling
area and making available to each resident at the inception of a lease,
where applicable, a department-issued guide to recycling, which shall be
made available to the owner, net lessee or person in charge of such
building by the department pursuant to section 16-315 of this chapter in
print form or on the department's website, or in an alternative guide
containing similar information to the guide required by section 16-315
of this chapter.
If reasonably accessible space for the storage of source separated or
other designated recyclable materials is not available in such building,
and such space is available behind the building's property line, such
space behind the property line may be designated as the area for the
storage of source separated or other designated recyclable materials. If
no such space is available, the owner, net lessee or person in charge of
such building shall post instructions on recycling and source separation
in or near a designated area that is visible to all residents in the
building.
With respect to solid waste generated by households in the aforesaid
buildings, the obligations of an owner, net lessee or person in charge
of such building under this chapter shall be limited to those set forth
in this subdivision and subdivisions d and g of this section or rules
promulgated pursuant to such subdivisions.
f. Where the department provides solid waste collection services to a
building containing nine or more dwelling units, the commissioner shall
adopt and implement rules requiring the owner, net lessee or person in
charge of such building to:
1. provide for the residents a designated area and, where appropriate,
containers in which to store the source separated or other designated
recyclable materials to be collected by the department;
2. inform all residents of the requirements of this chapter and the
rules promulgated pursuant thereto by, at a minimum, posting
instructions on source separation in or near the designated recycling
area, and making available to each resident at the inception of a lease,
a department-issued guide to recycling, which shall be made available to
the owner, net lessee or person in charge of such building by the
department pursuant to section 16-315 of this chapter in print form or
on the department's website, or in an alternative guide containing
similar information to the guide required by section 16-315 of this
chapter; and
3. remove non-designated materials from the containers of designated
source separated recyclable materials before such containers are placed
at the curbside for collection and ensure that the designated materials
are placed at the curbside in the manner prescribed by the department.
With respect to solid waste generated by households in the aforesaid
buildings, the obligations of an owner, net lessee or person in charge
of such building under this chapter shall be limited to those set forth
in this subdivision and subdivisions d and g of this section or rules
promulgated pursuant to such subdivisions.
g. The commissioner shall adopt and implement rules for any building
containing four or more dwelling units in which the amount of designated
materials placed out for collection is significantly less than what can
reasonably be expected from such building. These rules shall require
residential generators, including tenants, owners, net lessees or
persons in charge of such building to use transparent bags or such other
means of disposal the commissioner deems appropriate to dispose of solid
waste other than the designated recyclable materials. Upon request of
the owner, net lessee or person in charge of such building, and if the
commissioner determines that such owner, net lessee or person in charge
of such building has complied with this subdivision, subdivision d of
this section and, as applicable, subdivision e or subdivision f of this
section or rules promulgated pursuant to such subdivisions and that the
amount of designated materials placed out for collection remains
significantly less than what can reasonably be expected from such
building, the department may develop a schedule to conduct random
inspections to facilitate compliance with the provisions of this chapter
by tenants of such building, provided that lawful inspections may occur
at reasonable times without notice to ensure compliance by the tenants,
owner, net lessee or person in charge of such building.
h. 1. In calculating the extent to which the department has met the
recycling percentage goals set forth in paragraph one of subdivision a
of this section, the department shall include in its calculations all
curbside and institutional recycling it collects, including materials
collected from households, schools, not-for-profit institutions and city
agencies, and all recyclable materials collected as part of the public
space recycling program pursuant to section 16-310 of this chapter, and
may include yard waste collected pursuant to section 16-308 of this
chapter and any other material collected for composting pursuant to this
chapter, Christmas trees collected pursuant to section 16-309 of this
chapter, clothing and textiles donated or collected pursuant to section
16-310.1 of this chapter, household hazardous waste diverted pursuant to
section 16-310.3 of this chapter, rechargeable batteries collected
pursuant to chapter four of this title, beverage containers returned
within the city pursuant to title ten of article twenty-seven of the
environmental conservation law, electronic waste collected within the
city or otherwise diverted from the city's waste stream, including such
waste collected or diverted pursuant to title twenty-six of article
twenty-seven of the environmental conservation law, and plastic bags
collected within the city or otherwise diverted from the city's waste
stream, including such plastic bags collected or diverted pursuant to
title twenty seven of article twenty seven of the environmental
conservation law. Only recyclable materials specifically enumerated in
this paragraph shall be counted for purposes of calculating the extent
to which the department has met the recycling percentage goals set forth
in paragraph one of subdivision a of this section.
2. In calculating the extent to which the department has met the
recycling percentage goals set forth in paragraph two of subdivision a
of this section, the department shall include in its calculations all
curbside and institutional recycling it collects, including materials
collected from households, schools, not-for-profit institutions and city
agencies, and all recyclable materials collected as part of the public
space recycling program pursuant to section 16-310 of this chapter.
3. In calculating the extent to which the department has met the
recycling percentage goals set forth in paragraphs one and two of
subdivision a of this section, the department shall not include
recycling of abandoned vehicles or recycling from lot cleaning
operations, asphalt and mill tailings, construction and demolition
debris or other commercial recycling programs. The commissioner shall
not designate any such materials as recyclable materials under this
section for purposes of calculating the extent to which the department
has met such recycling percentage goals.
4. In calculating the percent of the department-managed solid waste
stream recycled in connection with the percentage goals set forth in
paragraph one of subdivision a of this section, the department shall
ensure that any quantity of material counted as recycled must be fully
included in the calculation of the city's total department-managed solid
waste stream.
5. All data used to make calculations pursuant to paragraphs one and
two of this subdivision shall be made available on the department's
website in raw form disaggregated by material type and using a
non-proprietary format on a monthly basis, or, if such data is not
generated by the department, within one month from the date that the
department receives reports of such information.
i. In the event that the department does not meet any recycling
percentage goal set forth in paragraphs one or two of subdivision a of
this section by the dates specified therein, the department shall,
within sixty days of the date for meeting such goal, expand recycling
outreach and education and shall take such other appropriate measures
including, but not limited to, directing such outreach and education to
the neighborhoods and community districts in which recycling diversion
rates fall below the median city recycling diversion rate and consulting
with the council to explore additional measures to meet the recycling
percentage goals set forth in such subdivision. In expanding recycling
outreach and education, the department may work with other agencies or
entities designated for that purpose by the commissioner.
j. In the event that the department is unable to achieve two
consecutive recycling percentage goals set forth in paragraphs one and
two of subdivision a of this section by the dates specified therein, in
addition to the requirements of subdivision i of this section, the
commissioner shall retain a special advisor, who shall be selected by
the mayor and the speaker, provided that the commissioner need not
retain such special advisor more than once every three years. Within one
hundred twenty days of such retention, such adviser shall submit a
report to the mayor and council recommending additional measures that
may be taken by the city following such report in order to meet such
recycling percentage goals.
k. 1. Beginning on March first, two thousand eleven and annually
thereafter, the department shall submit to the mayor and the council and
make available on its website, an annual department recycling report
which shall include provisions addressing: the extent to which the
department has met the recycling percentage goals set forth in
paragraphs one and two of subdivision a of this section and including a
description of the methodology used to arrive at its recycling
percentages; city agency recycling pursuant to section 16-307 of this
chapter; department of education recycling pursuant to section 16-307.1
of this chapter; yard waste composting pursuant to section 16-308 of
this chapter; Christmas tree composting or recycling pursuant to section
16-309 of this chapter; the public space recycling program pursuant to
section 16-310 of this chapter; the clothing and textiles collection
program pursuant to section 16-310.1 of this chapter; household
hazardous waste collected pursuant to section 16-310.3 of this chapter
or otherwise collected by the department; and any composting capacity
determinations or food waste composting pilot programs pursuant to
section 16-316.2 of this chapter.
2. Beginning the year that the department commences delivering
department-managed recyclable materials to a designated recycling
processing facility, the department shall annually report to the council
the cost to the city of designating as recyclable materials any rigid
plastic containers not previously designated by the commissioner
pursuant to subdivision c of this section, and the then-current market
value of any such materials.
Section 16-305.1
§ 16-305.1 Weekly collection of designated recyclable materials. a.
Weekly collection of designated recyclable materials shall be maintained
in all local service delivery districts.
b. Effective July first, two thousand three, and notwithstanding any
inconsistent provision of this chapter, the department shall be
authorized, by written order of the commissioner, to implement and
maintain alternate week collection of designated recyclable materials in
all local service delivery districts, provided that the department may,
by written order of the commissioner, provide for more frequent
collection of designated recyclable materials in designated local
service delivery districts. Any such written order of the commissioner
implementing alternate week collection shall expire no later than March
thirty-first, two thousand four.
c. For purposes of this section "designated recyclable materials"
shall mean solid waste that has been designated by the commissioner as
recyclable pursuant to section 16-305 or section 16-307 of this chapter.
d. Nothing in this section shall be construed to require collection of
designated recyclable materials in such parts of the city or during such
times of the year that such materials are not otherwise collected.
Section 16-306
§ 16-306 Private carter-collected waste. a. The commissioner shall
adopt and implement rules designating recyclable materials that
constitute in the aggregate at least one-half of all solid waste
collected by private carters, and additional materials if the
commissioner determines that economic markets exist for them. Pursuant
to subdivision b of this section, such rules shall require generators of
private carter-collected waste to source separate some or all of the
designated materials and to arrange for lawful collection for recycling,
reuse or sale for reuse by private carters or persons other than private
carters of such source separated materials. With regard to designated
materials that are not required by such rules to be source separated,
generators of private carter-collected waste may source separate these
designated materials and, in any event, shall arrange for their lawful
collection for recycling, reuse or sale for reuse by private carters or
persons other than private carters. If a generator of private
carter-collected waste has source separated the designated materials in
accordance with the rules and arranged for the lawful collection for
recycling, reuse or sale for reuse by private carters or persons other
than private carters of such source separated materials and, with regard
to designated materials that are not required by such rules to be source
separated, arranged for lawful collection for recycling, reuse or sale
for reuse by private carters or persons other than private carters, such
arrangement shall constitute an affirmative defense to any proceeding
brought against the generator pursuant to section 16-324 of this
chapter.
b. The rules promulgated pursuant to subdivision a of this section
shall require that generators of waste collected by businesses required
to be licensed pursuant to section 16-505 of this code source separate
the designated materials in such manner and to such extent as the
commissioner determines to be necessary to minimize contamination and
maximize the marketability of such materials. However, in promulgating
such rules the commissioner shall not require source separation of a
material unless the commissioner has determined that an economic market
exists for such material. For the purpose of this section, the term
"economic market" refers to instances in which the full avoided costs of
proper collection, transportation and disposal of source separated
materials are equal to or greater than the cost of collection,
transportation and sale of said materials less the amount received from
the sale of said materials. The New York city business integrity
commission shall adopt and implement rules requiring businesses licensed
to remove, collect or dispose of trade waste to provide for the
collection of, and ensure the continued separation of, designated
materials that have been source separated, provide for the separation of
all other designated materials, and provide for recycling of all the
designated materials. Rules promulgated by the business integrity
commission pursuant to this subdivision shall be enforced in the manner
provided in section 16-517 of this code and violations of such rules
shall be subject to the penalties provided in subdivision a of section
16-515 of this code for violation of the provisions of chapter one of
title 16-A of this code. In addition, the commissioner shall have the
authority to issue notices of violation for any violation of such rule
and such notices of violation shall be returnable in a civil action
brought in the name of the commissioner before the environmental control
board which shall impose a penalty not to exceed ten thousand dollars
for each such violation.
c. The department shall complete a study of commercial recycling in
the city no later than January first, two thousand twelve. Such
commercial recycling study shall focus on the putrescible portion of the
commercial waste stream, and shall include, but need not be limited to,
the following: (i) an integration of all data on commercial waste in the
city collected and transported through transfer stations and recycling
processors; (ii) an assessment of current practices, operations and
compliance with applicable local laws and rules, consistent with the
scope of study set forth in the 2006 Solid Waste Management Plan; (iii)
estimates of waste composition and recycling diversion rates from
research conducted with respect to other jurisdictions; (iv) a
computer-based model to measure the amount and composition of waste
generated by different commercial sectors; (v) recommendations of
methods to encourage waste prevention, reuse, recycling and composting
for each of the commercial sectors studied, including any recommended
changes to applicable law; and (vi) an assessment of the efficiency of
the transportation of commercial waste within the commercial system by,
among other things, mapping and monitoring routes along which commercial
waste and recycling trucks travel, including long-haul carriers within
and outside the city. Following completion of the commercial recycling
study, the commissioner shall determine whether any additional studies
are necessary in order to improve commercial recycling practices in the
city and shall promptly report such determination to the mayor and the
council.
Section 16-307
§ 16-307 City agency waste. a. The commissioner shall adopt, amend and
implement rules, as necessary, governing the source separation or
post-collection separation, collection, processing, marketing, and sale
of designated recyclable materials including, but not limited to,
designated metal, glass, plastic and paper generated by any agency, as
such term is defined in section 1-112 of the code.
b. Every agency shall, no later than July first, two thousand eleven,
prepare and submit to the commissioner for approval, a waste prevention,
reuse and recycling plan. Such plan shall provide for the source
separation of designated metal, glass, plastic and paper, and such other
designated recyclable materials as the commissioner deems appropriate,
in all offices and buildings occupied by agencies that receive
collection service from the department and, to the extent practicable,
in those that receive private carter collection. Such plans shall
provide for the source separation of designated recyclable materials in
the lobbies of such offices or buildings that receive department
collection, unless the placement of bins for the source separation of
designated recyclable materials would be in violation of any other
provision of law, and, to the extent practicable, in the lobbies of such
offices or buildings that receive private carter collection. Each agency
shall designate a lead recycling or sustainability coordinator to
oversee implementation of such plans. If an agency has offices in more
than one city-owned building, then such agency shall designate one
assistant coordinator for each building in which such agency has
offices, except the building in which the lead coordinator has his or
her office, to assist the agency's lead coordinator.
c. On or before July first, two thousand twelve and annually
thereafter, every lead recycling or sustainability coordinator shall
submit a report to the head of his or her respective agency and to the
commissioner, summarizing actions taken to implement the waste
prevention, reuse and recycling plan for the previous twelve-month
reporting period, proposed actions to be taken to implement such plan,
and updates or changes to any information included in such plan. The
department shall consolidate the information contained in all reports
prepared pursuant to this subdivision and include such information as
part of the department's annual recycling report required pursuant to
subdivision k of section 16-305 of this chapter.
Section 16-307.1
§ 16-307.1 School recycling. a. The chancellor of the department of
education shall designate a sustainability director for the department
of education, who shall be responsible for (i) setting policies,
guidelines and goals to promote waste prevention, reuse and recycling
practices, and (ii) coordinating the department of education's waste
prevention, reuse and recycling program in all school buildings, charter
school locations, office buildings, and any other facilities under the
jurisdiction of the department of education that receive department
collection service.
b. The chancellor of the department of education shall promulgate such
rules as may be necessary to require that each school building, charter
school location, office building, and any other facility under the
jurisdiction of the department of education that receives department
collection service, develop a site-specific waste prevention, reuse and
recycling plan. Each such plan shall be implemented by January first,
two thousand eleven. Such plan shall include, at a minimum, a
requirement that each classroom maintain a separate receptacle,
container or bin for the collection of designated recyclable paper, and
that such receptacle, container or bin be appropriately labeled or
decorated with recycling information. Such plan shall also provide that
separate receptacles, containers or bins for the collection of
designated metal, glass and plastic be appropriately labeled or
decorated with recycling information and be placed as close as
practicable to school entrances, unless the placement of such bins would
be in violation of any other provision of law, and in locations within
schools where food and beverages are routinely consumed.
c. The principal of each school under the jurisdiction of the
department of education shall designate a sustainability coordinator for
his or her school who shall be responsible for implementing his or her
school's waste prevention, reuse and recycling plan. The principal or
the sustainability coordinator shall complete, and submit to the
department of education sustainability director and to the chancellor,
an annual survey regarding such school's compliance with its waste
prevention, reuse and recycling plan.
d. On or before January first, two thousand twelve, the chancellor
shall submit a report to the commissioner regarding compliance with the
requirements of this section for the period of January first, two
thousand eleven through June thirtieth, two thousand eleven, and shall
submit an annual compliance report by January first of each year
thereafter for the preceding July first through June thirtieth. The
department shall include the chancellor's report as part of the
department's annual recycling report required pursuant to subdivision k
of section 16-305 of this chapter.
e. The department shall distribute a model school waste prevention,
reuse and recycling plan to all primary and secondary schools not under
the jurisdiction of the department of education that receive department
collection service. All such primary and secondary schools shall
designate a sustainability coordinator for each such school, and develop
a site-specific waste prevention, reuse and recycling plan. Each such
plan shall be implemented by January first, two thousand eleven. Such
plan shall include, at a minimum, a requirement that each room used
primarily as a classroom for students between kindergarten and the
twelfth grade maintain a separate receptacle, container or bin for the
collection of designated recyclable paper, and that such receptacle,
container or bin be appropriately labeled or decorated with recycling
information. Such plan shall also provide that separate receptacles,
containers or bins for the collection of designated metal, glass and
plastic be appropriately labeled or decorated with recycling information
and be placed as close as practicable to school entrances, unless the
placement of such bins would be in violation of any other provision of
law. Such bins shall also be placed in centralized locations within such
schools where food and beverages are routinely consumed, other than
classrooms, such as cafeterias and lunchrooms, or, if such school lacks
a cafeteria or lunchroom, in a location readily accessible to all
students in such school.
Section 16-308
§ 16-308 Organic waste. a. 1. No later than October first, two
thousand thirteen, the commissioner shall establish a voluntary
residential organic waste curbside collection pilot program for the
diversion of organic waste from households in one designated collection
area. Such pilot program shall end no earlier than July first, two
thousand fifteen. For purposes of this subdivision, a household shall
mean a single dwelling or a residential unit within a dwelling that
contains two or more residential units and a designated collection area
shall mean a contiguous area within a borough comprised of no fewer than
one thousand households.
2. No later than January first, two thousand fourteen, the
commissioner shall establish a school organic waste collection pilot
program for the diversion of organic waste from no fewer than three
hundred schools located in no fewer than three boroughs. Provided there
is sufficient capacity in trucks on collection routes for such pilot
program, the department shall provide organic waste collection service
to residential buildings with nine or more units that are located on
such collection routes and that volunteer for such collection. Such
pilot program shall end no earlier than July first, two thousand
fifteen.
3. No later than January first, two thousand fourteen, the
commissioner shall expand the voluntary residential organic waste
curbside collection pilot program established pursuant to paragraph one
of this subdivision to no fewer than a total of three designated
collection areas, each of which shall be in a different borough. No
later than June first, two thousand fourteen, the commissioner shall
expand the voluntary residential organic waste curbside collection pilot
program established pursuant to paragraph one of this subdivision to no
fewer than a total of four designated collection areas, each of which
shall be in a different borough, with a goal of expanding such pilot
program to no fewer than one hundred thousand households by such date.
4. No later than January first, two thousand fifteen, the commissioner
shall expand the school organic waste collection pilot program
established pursuant to paragraph two of this subdivision to no fewer
than a total of four hundred schools located in no fewer than five
boroughs. Provided there is sufficient capacity in trucks conducting
collection on collection routes for such pilot program, the department
shall provide organic waste collection service to residential buildings
with nine or more units that are located on such collection routes and
that volunteer for such collection.
5. The commissioner shall have the authority, during the duration of
the pilot program established pursuant to paragraph one of this
subdivision, to discontinue voluntary residential organic waste curbside
collection service to a designated collection area, provided, however,
that the commissioner shall select a replacement designated collection
area within sixty days of any such discontinuation.
6. The department or its designee shall conduct outreach and education
to residents for the duration of the pilot programs established pursuant
to this subdivision. Such outreach and education shall include, but need
not be limited to, the environmental benefits of source separating
organic waste for composting, instructions for how to properly source
separate organic waste and the benefits of reducing organic waste.
7. On June first, two thousand fourteen and every six months
thereafter for the duration of the pilot programs established pursuant
to this subdivision, the department shall report to the mayor and the
council the total amount of organic waste diverted during the previous
six-month period from households and schools that participated in such
pilot programs during the entirety of such six-month period. The
department shall include such diversion information in the department's
annual recycling report required pursuant to subdivision k of section
16-305 of this chapter.
8. No later than January first, two thousand fifteen, the commissioner
shall conduct a study on improving community composting and submit the
findings of such study to the mayor and the council. The study shall
include, but need not be limited to: (i) recommendations for how the
city can optimize the use of existing community composting locations and
resources; (ii) an assessment of markets for finished compost within the
city, including use by city agencies and potential retail sales; and
(iii) strategies to expand community composting locations in each of the
five boroughs.
9. No later than October first, two thousand fifteen, the commissioner
shall issue a report to the mayor and the council on the pilot programs
established pursuant to this subdivision, which shall include, but need
not be limited to information on: (i) the number of households,
residential buildings, and schools participating; (ii) the total amount
of organic waste diverted; (iii) the costs associated with the programs;
(iv) the availability of organic material processing capacity in and
around the city; and (v) resident feedback concerning such pilot
programs, including the adequacy of the receptacles used for such pilot
programs and any other issues of concern. Such report shall include
recommendations as to whether the voluntary residential organic waste
curbside collection pilot program and the school organic waste
collection pilot program should be expanded and, if so, a schedule for
expanding such pilot program to additional designated collection areas
in the city.
b. On and after July first, two thousand sixteen, the commissioner
shall provide for the source separation, collection and composting of
department-managed yard waste generated within designated areas of the
city in which a substantial amount of yard waste is generated from March
first to July thirty-first and September first to November thirtieth of
each year, unless the generator otherwise provides for recycling or
storage for composting or mulching. In addition, the commissioner shall
provide for the collection and composting of yard waste generated and
source separated at residential properties owned or operated by the New
York city housing authority. There shall be operated by or on behalf of
the department one or more yard waste composting facilities through
which the department shall compost yard waste collected by or delivered
to the department pursuant to this section. In order to comply with this
provision, the department may utilize the services of privately-owned or
operated facilities. The department shall also work in consultation with
the composting facility siting task force established by the two
thousand and six solid waste management plan to identify additional
locations to site yard waste composting facilities with the goal of
establishing at least one such composting facility in each borough where
the department conducts yard waste composting collection.
c. Any city agency, or person under contract with a city agency, that
generates a substantial amount of yard waste shall, in coordination with
the department, provide for the source separation, collection and
composting of such yard waste. Unless otherwise provided by law, the
department shall accept for composting any city agency yard waste source
separated for department collection pursuant to this subdivision.
d. Within twenty-four months of the effective date of the local law
that amended this section, no landfill, waste transfer station,
intermodal facility, incinerator or resource recovery facility owned,
operated or used by the department shall accept truckloads of
department-managed waste primarily composed of yard waste for final
disposal from March 1 to July 31 and September 1 to November 30 of each
year, except that composted yard waste may be used as part of the final
vegetative cover for a department landfill.
e. All city agencies responsible for the maintenance of public lands
shall to the maximum extent practicable and feasible give preference to
the use of compost materials derived from the city's yard waste in all
land maintenance activities.
f. Generators of yard waste, except those identified in subdivision g
of this section, shall separate, tie, bundle, or place into paper bags
or unlined rigid containers, in accordance with rules promulgated by the
commissioner, any yard waste set out for collection by the department
pursuant to subdivision b of this section. The commissioner shall notify
all residents in districts that receive yard waste collection by the
department of such pre-collection procedures, and undertake any other
action necessary to effectuate the purposes of this subdivision.
g. No person engaged in a business that generates yard waste shall
leave such yard waste for collection by the department, or disperse such
yard waste in or about the curb or street. Any person engaged in a
business that generates yard waste shall be required to collect and
dispose of such yard waste at a permitted composting facility; provided,
however, that if the department, by written order of the commissioner,
determines that there is insufficient capacity at permitted composting
facilities within the city of New York or within ten miles of the
borough in which any such person generates yard waste, then such yard
waste may be disposed of at any appropriately permitted solid waste
management facility.
h. Each permitted composting facility within the city, including those
operated by city agencies, shall annually report to the commissioner the
amount of yard waste and any other organic waste collected and disposed
of by weight at such composting facility. All such reports shall be
submitted prior to February first of each calendar year and shall
contain the amount collected and disposed of for the previous calendar
year. The department shall consolidate the information contained in all
reports prepared pursuant to this subdivision and include such
information as part of the department's annual recycling report required
pursuant to subdivision k of section 16-305 of this chapter.
i. No person residing in a district where the department provides
residential yard waste composting collection pursuant to subdivision b
of this section shall dispose of grass clippings as regular waste for
collection by the department during the period of time when the
department conducts such composting collection. The department shall
conduct outreach and education to inform residents within such districts
of the dates when it will conduct yard waste composting collection. No
person residing in a district where the department provides residential
yard waste composting collection shall be held liable for a violation of
this subdivision during the first year the department provides such
residential yard waste composting collection.
Section 16-309
§ 16-309 Christmas trees. The commissioner shall establish and
implement a curbside collection system for Christmas trees during a
minimum of two weeks in January of each year and provide for the
composting or recycling of the Christmas trees the department collects
or receives for disposal.
Section 16-310
§ 16-310 Public space recycling. a. The department shall expand its
public space recycling program by increasing the number of public space
recycling receptacles for the collection of recyclable materials
including, but not limited to, metal, glass, plastic and paper
designated as recyclable materials by the commissioner, to a cumulative
total of at least five hundred public space recycling receptacles within
three years of the effective date of this section, and to a cumulative
total of at least one thousand public space recycling receptacles within
ten years of the effective date of this section, at public locations in
the city, which shall be in or near public parks, transit hubs, or
commercial locations with high-pedestrian traffic. As part of such
expansion, the department shall place public space recycling receptacles
in all business improvement districts that provide public litter basket
maintenance. Whenever practicable, public space recycling receptacles
placed pursuant to this section shall be placed adjacent to public
litter baskets.
b. Notwithstanding the provisions of subdivision a of this section,
the department shall not be required to expand the public space
recycling program beyond existing or newly-established collection routes
that can be efficiently serviced by the department. The commissioner
shall have the authority to remove any public space recycling receptacle
placed pursuant to this section, provided that the department replaces
any such public space recycling receptacle, within thirty days of
removal, with additional public space recycling receptacles at the same
or in a different location on a one-to-one basis.
c. No person responsible for removing or transporting recyclable
materials placed in public space recycling receptacles shall commingle
such recyclable materials with non-recyclable materials or otherwise
improperly dispose of such recyclable materials.
d. The department shall report the total number of public space
recycling receptacles added during the relevant reporting year, and the
locations in which they were placed. Such report shall be included as
part of the department's annual recycling report required pursuant to
subdivision k of section 16-305 of this chapter.
e. The department may enter into sponsorship or partnership agreements
with entities such as for-profit and not-for-profit corporations and
district management associations established in accordance with section
25-414 of the code to further the goals of this chapter.
Section 16-310.1
§ 16-310.1 Textile reuse and recycling program. a. On or before
January first, two thousand eleven, the department shall establish a
citywide textile reuse and recycling program that shall, at a minimum,
provide for the recovery of textiles by placing department-approved
publicly accessible textile drop-off bins at appropriate locations on
city property or property maintained by the city and organizing public
textile reuse and recycling sites throughout the city that provide
convenient drop-off locations for all city residents. In addition, the
commissioner shall explore opportunities to work cooperatively with
private entities, including, but not limited to, not-for-profit
corporations and religious institutions, to promote expanded siting of
publicly accessible textile drop-off bins on private property throughout
the city. The department shall consider using department personnel
and/or facilities in order to implement the provisions of this section.
b. No publicly accessible textile drop-off bin placed pursuant to this
section shall be placed on city property or property maintained by the
city, or on a public sidewalk or roadway, unless otherwise authorized by
the city. No publicly accessible textile drop-off bin shall be placed on
private property without the written permission of the property owner or
the property owner's authorized agent. The owner or other person
responsible for each such bin shall report at least every three months
to the department the amount of textiles collected in such bin by
weight. Each publicly accessible textile drop-off bin shall prominently
display on the front and on at least one other side of the bin, the
name, address and telephone number of the owner or other person
responsible for the bin. This information shall be printed in characters
that are plainly visible. In no event shall a post office box be
considered an acceptable address for purposes of this subdivision.
c. The department shall report by weight the amount of textiles
collected in publicly accessible textile drop-off bins located on city
property or property maintained by the city, through public textile
reuse and recycling sites pursuant to subdivision a of this section and
in publicly accessible textile drop-off bins maintained on private
property. Such report shall be included as part of the department's
annual recycling report required pursuant to subdivision k of section
16-305 of this chapter.
Section 16-310.2
§ 16-310.2 Paint stewardship program. a. Within one year of the
effective date of this section, the commissioner shall establish a
voluntary paint stewardship program under which manufactures of
architectural paint, in cooperation with distributors of architectural
paint and retail establishments that sell, or offer for sale,
architectural paint in the city of New York, may establish a collection
or other reclamation system to collect architectural paint from
consumers for reuse, recycling or environmentally sound disposal.
b. The commissioner shall provide assistance or guidance to
participating architectural paint manufacturers, distributors and retail
establishments in developing and implementing strategies to reduce the
quantity of architectural paint in the waste stream, promote the reuse
of architectural paint that would otherwise be discarded and disseminate
information regarding options to recycle architectural paint including,
but not limited to, posting information regarding the voluntary paint
stewardship program on the department's website.
Section 16-311.
§ 16-311. Recycling outreach and education. a. The department shall
provide instruction and materials for residential building owners, net
lessees or persons in charge of such buildings, and their employees and
residents, in order to improve compliance with the provisions of this
chapter.
b. The commissioner shall establish a recycling education program that
shall include recycling instructional workships, training curricula and
other relevant materials for residential building owners, net lessees or
persons in charge of such buildings, and their employees and residents,
including an internet-based recycling tutorial. Such program shall also
provide instructional workshops, training curricula, and other relevant
material to employees of city agencies, including a leaf and yard waste
training program for employees of any such agencies that generate
significant leaf and yard waste. The commissioner may utilize a private
entity or not-for-profit corporation to assist with the establishment or
performance of such program.
Section 16-312
§ 16-312 Processing recyclable materials. The commissioner shall
establish procedures and standards for processing recyclable materials
designated pursuant to section 16-305 of this chapter in city owned or
operated recycling centers, city owned or operated transfer stations or
any city owned or operated facility that renders recyclable materials
suitable for reuse or marketing and sale. The commissioner shall
annually review such procedures and standards and make any changes
necessary to conform to the requirements of the marketplace.
Section 16-313
§ 16-313 Marketing recyclable materials. The department shall
establish procedures, standards and strategies to market the recyclable
materials designated pursuant to section 16-305 of this chapter,
including, but not limited to, maintaining a list of prospective buyers,
establishing contact with prospective buyers, entering into contracts
with buyers, and reviewing and making any necessary changes in
collecting or processing the materials to improve their marketability.
Section 16-314
§ 16-314 Recycling program revisions. The commissioner shall annually
review the recycling program and all rules promulgated thereunder, and
shall make the necessary revisions to improve the efficiency of
collecting, processing, marketing and selling the materials recycled
pursuant to this chapter. These revisions may include designating
additional recyclable materials. The commissioner shall not delete
designated materials without designating additional materials so that
the total quantity, by weight, of all designated recyclable materials
collected, processed, marketed and sold does not decrease. Where the
commissioner determines that it is appropriate to delete a designated
material, the department shall provide notice of such deletion to the
mayor and the council, including the reason for such deletion, and shall
provide any relevant data supporting such decision.
Section 16-315
§ 16-315 Notice, education and research programs. a. In addition to
the notice requirements of section one thousand forty-three of chapter
forty-five of the charter, within thirty days of the effective date of
any rules promulgated pursuant to this chapter, and as frequently
thereafter as the commissioner deems necessary, the department shall
notify all community boards and persons occupying residential,
commercial and industrial premises affected by the rules, of the
requirements of the rules, by posting notices containing recycling
information in public places where such notices are customarily placed
and, in the commissioner's discretion, employing any other means of
notification deemed necessary and appropriate.
b. The commissioner shall compile relevant recycling, reuse and
composting information, including material available on the department's
website, to create and make available a guide to the city's residential
recycling program. Such guide shall, at a minimum, summarize and explain
the laws and rules governing curbside recycling, list the collection
locations and collection dates for non-curbside collected recyclable
materials such as household hazardous waste and textiles, and provide
detailed information and instructions on how to recycle any materials
not collected by the department for which non-city or non-department
recycling programs exist. Such guide shall be made available to
residential building owners, or the net lessees or persons in charge of
such buildings, community boards, not-for-profit organizations, public
schools, and other relevant agencies and entities, and shall also be
made available on the department website. The commissioner shall update
the recycling guide biennially, or as necessary, based on changes to
recycling laws, rules or other relevant information to be included
therein.
c. The department shall develop and implement an educational program,
in conjunction with the department of education, private schools, labor
organizations, businesses, neighborhood organizations, community boards,
and other interested and affected parties, and using flyers, print and
electronic advertising, public events, promotional activities, public
service announcements, and such other techniques as the commissioner
determines to be useful, to assure the greatest possible level of
compliance with the provisions of this chapter. The educational program
shall encourage waste reduction, the reuse of materials, the purchase of
recyclable products, and participation in city and private recycling
activities.
d. The department shall perform such research and development
activities, in cooperation with other city agencies, and public and
private institutions, as the commissioner determines to be helpful in
implementing the city's recycling program. Such research shall include,
but not be limited to, investigation into the use of cooperative
marketing programs, material recovery facilities, recycling as an
economic development tool, export promotion, tax credits and exemptions
for market promotion.
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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