Section 16-460
§ 16-460 Definitions. As used in this chapter:
"Department-marked item" means any refrigerant-containing item that:
(i) has written upon it a department service identification number that
has been provided to the property owner by a 311 or department
representative, or (ii) has affixed upon it an official decal or sticker
indicating that such item is designated for future servicing of
refrigerant removal by the department, or (iii) has affixed upon it an
official decal or sticker indicating that such item has already been
serviced for refrigerant removal by the department.
"Motor vehicle" means any vehicle operated or driven upon a street
that is propelled by any power other than human or animal power.
"Motor vehicle operator" means any person who operates, drives or is
in actual physical control of a motor vehicle, and shall include any
other person in such vehicle who assists the motor vehicle operator by
removing any recyclable material placed out for collection by the
department or a licensed carter or by loading recyclable material into
the motor vehicle, or both, in violation of section 16-461 of this
chapter.
"Motor vehicle owner" or "owner of a motor vehicle" means any person,
other than a lienholder, having the property in or title to a motor
vehicle, including a person entitled to the use and possession of a
motor vehicle subject to a security interest by another person, and any
lessee or bailee of a motor vehicle having the exclusive use thereof,
under a lease or otherwise, for a period greater than thirty days.
"Not-for-profit corporation" means a not-for-profit corporation as
defined in subparagraph five or subparagraph seven of subdivision a of
section one hundred two of the New York state not-for-profit corporation
law.
"Person" means any individual, firm, corporation or other legal
entity.
"Recyclable material" means material that is discarded by or in excess
to its owner at the time of such discard and (i) is designated as
recyclable by the commissioner by rule pursuant to subdivision b of
section 16-305 of this title or (ii) has an identifying mark, stamp or
embossment indicating such material is the public property of the city
or state of New York or the property of any public or private utility
company.
"Refrigerant" means any substance consisting in whole or in part of a
class I or class II ozone-depleting substance, which is used for heat
transfer purposes and provides a cooling effect, including, but not
limited to, chlorofluorocarbons, hydro-chlorofluorocarbons, or any other
substitute substance as may be defined by the United States
environmental protection agency. A class I or class II ozone-depleting
substance shall be those substances as defined by the United States
environmental protection agency in section 602 of the United States
clean air act. A substitute substance shall be any environmental
protection agency approved replacement for a class I or II
ozone-depleting substance in a refrigeration or air-conditioning
end-use.
"Refrigerant-containing item" means any recyclable material that uses
a refrigerant that must be removed prior to disposal, including, but not
limited to, any air conditioner, refrigerator, water cooler, or freezer.
"Solid waste" means solid waste as defined in section 16-303 of this
title.
"Street" means any public street, avenue, road, alley, lane, highway,
boulevard, concourse, parkway, driveway, culvert, sidewalk, crosswalk,
boardwalk, viaduct, square or place, including marginal streets.
Section 16-461
§ 16-461 Unlawful removal or sale of material. a. Recyclable material.
1. Except for an authorized employee or agent of the department, it
shall be unlawful for any person to remove and transport by motor
vehicle any recyclable material that has been placed by any owner,
tenant or occupant of any residential building, building occupied by
city agencies or institutions, or vacant lot, or by their agent, within
the stoop area, adjacent to the curb line or otherwise adjacent to such
building or lot for collection or removal by the department. The owner
of any motor vehicle used in violation of this subdivision shall also be
liable for any such violation. This paragraph shall not prohibit any
person from lawfully entering into a written agreement with the owner of
a building, or his or her agent, pursuant to subdivision a of this
section.
2. i. The owner or agent of any building containing four or more
residential units or any building that is occupied by a city agency or
institution receiving department collection, may not enter into an
agreement for the supplemental collection of recyclable material for
purposes of transport, handling or management with any person other than
the department unless (A) regularly scheduled department collection of
recyclable material from such building is insufficient to meet the needs
of such building, (B) such owner or agent has requested supplemental
collection of recyclable material from the department and the department
has denied the request, and (C) such supplemental collection by a person
other than the department does not take place on the same day as
regularly scheduled department collection of recyclable material for
such building, in which case such owner or agent may enter into an
agreement for the supplemental collection of recyclable material with a
person other than the department. The department shall respond to
requests for supplemental collection of recyclable material within
thirty days of the receipt of such request. If the department does not
respond within such period, the department shall be deemed to have
denied the request for supplemental collection. The requirements of this
paragraph shall not apply to recyclable material that is not designated
recyclable by the department pursuant to subdivision b of section 16-305
of this title. In no event may such agreement for the supplemental
collection of recyclable material provide for the removal of
department-marked items.
ii. Nothing in this section shall be construed to allow the owner or
agent of any building containing four or more units or any building that
is occupied by a city agency or institution receiving department
collection to enter into an agreement for recycling collection on the
same day as regularly scheduled department collection of recyclable
material for any such building.
iii. Any agreement lawfully entered into for the supplemental
collection of recyclable material pursuant to this paragraph shall be
written; signed and dated by the owner or agent and by or on behalf of
the person responsible for the supplemental collection of recyclable
material; notarized; filed with the commissioner within five business
days of being signed; and shall include the address of the building
receiving supplemental collection; the names, telephone numbers and
taxpayer identification numbers, including individual or employer
taxpayer identification numbers, but not social security numbers, of the
person responsible for the collection of such material; the names,
titles and telephone numbers of all signatories to such agreement; the
terms relating to price and the days and times of collection, if any;
the duration of such agreement; the estimated quantity of recyclable
material to be collected on a weekly basis; and any other information
required by the commissioner by rule.
iv. Any agreement lawfully entered into for the supplemental
collection of recyclable material pursuant to this paragraph shall not
exceed two years in duration.
v. Valid proof of any agreement lawfully entered into for the
supplemental collection of recyclable material pursuant to this
paragraph must be in the possession of the motor vehicle operator at the
time such recyclable material is collected. Valid proof shall mean a
copy of such agreement or a copy of the notarized signatory page of such
agreement, together with a letter from the department acknowledging the
filing of such agreement with the commissioner. Such proof shall not be
required where the person responsible for the supplemental collection of
recyclable material is licensed pursuant to subdivision a of section
16-505 of this code.
3. On or before February first and August first of every year, every
person engaged in the lawful collection of recyclable material pursuant
to a written agreement in accordance with paragraph two of this
subdivision shall submit to the commissioner a report identifying the
weight of each type of recyclable material collected by such person
during the periods of July first to December thirty-first and January
first to June thirtieth, respectively. It shall be unlawful for any
person to fail to submit a report in accordance with this paragraph or
to submit a report containing false or misleading information.
4. i. The owner or agent of any residential building containing one,
two or three residential units may enter into an agreement with any
person for the collection of recyclable material from such building.
ii. Any such agreement shall be written; signed and dated by such
owner and by or on behalf of the person responsible for the collection
of recyclable material from such building; and shall include the address
of such building and the names and telephone numbers of the parties to
such agreement and shall be in the possession of such person at the time
such recyclable material is removed. No such agreement may provide for
the collection of department-marked items.
b. Refrigerant-containing and department-marked items. 1. Except for
an authorized employee or agent of the department, it shall be unlawful
for any person to remove and transport by motor vehicle any
refrigerant-containing item or department-marked item that has been
placed by any owner, tenant or occupant of any residential building,
building occupied by city agencies or institutions, or vacant lot, or by
their agent, within the stoop area, adjacent to the curb line or
otherwise adjacent to such building or lot for collection, removal, or
refrigerant removal by the department. The owner of any motor vehicle
used in violation of this subdivision shall also be liable for any such
violation. This paragraph shall not apply to any person who has lawfully
entered into a written agreement with the owner of a building, or his or
her agent, pursuant to subdivision a of this section for the collection
of refrigerant-containing items that are not department-marked items.
2. There shall be a rebuttable presumption that the owner and/or
operator of any motor vehicle carrying a department-marked item has
violated this subdivision by either (i) unlawfully removing such
department-marked item or (ii) directing or permitting an agent or
employee or other individual under such person's control to unlawfully
remove such department-marked item.
3. For any department-marked item removed in violation of this
subdivision, a written agreement between the owner of a residential
building or an authorized agent of such owner and the person removing
such item shall not be a defense in any proceeding before the
environmental control board or other court of appropriate jurisdiction
to the improper removal of such item.
c. Commercial buildings. Except for an authorized employee of a person
licensed by or registered with the business integrity commission
pursuant to subdivision a or b of section 16-505 of this code, it shall
be unlawful for any person to remove and transport by motor vehicle any
amount of recyclable material that has been placed by any owner, tenant
or occupant of a commercial building, or by their agent, within the
stoop area, adjacent to the curb line or otherwise adjacent to such
building for collection or removal by an entity licensed by or
registered with the business integrity commission pursuant to
subdivision a or b of section 16-505 of this code. It shall be presumed
that a person operating a motor vehicle without plates issued by the
business integrity commission is not an authorized employee of a person
licensed by or registered with the business integrity commission
pursuant to subdivision a or b of section 16-505 of this code. The owner
of any motor vehicle used in violation of this subdivision shall also be
liable for any such violation.
Section 16-462
§ 16-462 Rewards. The commissioner shall establish a program to allow
individuals to submit a sworn statement affirming the observation of a
violation of section 16-461 of this chapter and, where the commissioner
deems it appropriate, allow for a reward for any such sworn statement.
Where a notice of violation or summons is issued for a violation of
section 16-461 of this chapter 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 the testimony of the person submitting such sworn
statement at a civil or criminal proceeding or in a proceeding before
the environmental control board, contributes to the imposition of a
civil or criminal penalty upon any person for a violation of section
16-461 of this chapter, the commissioner shall offer as a reward to such
individual or individuals an amount that, in the aggregate, is equal to
fifty percent of any civil or criminal penalty collected. No peace
officer, employee of the department or of the environmental control
board, employee of any company under contract with the department, or
employee of any governmental entity that, in conjunction with the
department, conducts enforcement activity relating to a violation of
section 16-461 of this chapter, shall be entitled to obtain the benefit
of any such reward when acting in the discharge of his or her official
duties.
Section 16-463
§ 16-463 Receipt of recyclable material. a. 1. Notwithstanding any
other provision of law, the commissioners of sanitation and consumer
affairs, and the chairperson of the business integrity commission, shall
be authorized to adopt rules providing for the licensing or
registration, supervision and inspection of the operation and activities
relating to the purchase and sale, acceptance and storage of recyclable
material, including but not limited to scrap metal facilities located
within the city of New York. This paragraph shall not apply to a
redemption center, dealer or distributor as defined in section 27-1003
of the environmental conservation law.
2. Any rules adopted pursuant to this subdivision shall provide that
any person who removes refrigerant or contracts with a third party for
the removal of refrigerant from refrigerant-containing items must submit
proof that refrigerant removal was conducted in accordance with rules
and guidelines established by the United States environmental protection
agency.
b. No person shall receive for storage, collection or processing
recyclable material generated within the city of New York from any
person other than (i) an authorized employee or agent of the department,
(ii) an authorized employee of an entity licensed by or registered with
the business integrity commission pursuant to subdivision a or b of
section 16-505 of this code, (iii) a not-for-profit corporation, (iv) an
owner, tenant or occupant of a building returning his or her own
recyclable material generated solely by such owner, tenant or occupant
and his or her household members, or (v) a person who has lawfully
entered into a written agreement pursuant to subdivision a of section
16-461 of this chapter. There shall be a rebuttable presumption that all
recyclable material received for storage, collection or processing was
generated within the city of New York. This subdivision shall not apply
to a redemption center, dealer or distributor as defined in section
27-1003 of the environmental conservation law, or to any person who,
using a motor vehicle, collects recyclable containers in bulk and is
required to be registered pursuant to local law.
c. No person shall receive for storage, collection or processing any
department-marked item from any person other than an authorized employee
or agent of the department. A written agreement between the owner of a
residential building or an authorized agent of such owner, and anyone
delivering a department-marked item to such person shall not be a
defense in any proceeding before the environmental control board or
other court of appropriate jurisdiction to the improper receipt of such
item.
d. No person shall receive for storage, collection or processing any
refrigerant-containing item that has not had such refrigerant lawfully
removed by a person authorized to remove refrigerants, unless the person
receiving the refrigerant-containing item either possesses refrigerant
recovery equipment certified by the United States environmental
protection agency, or has a valid agreement to remove such refrigerant
with a person certified by the United States environmental protection
agency to remove refrigerant, or is receiving such item for reuse for
its original purpose.
Section 16-464
§ 16-464 Enforcement. a. 1. Any person who violates paragraph one of
subdivision a of section 16-461 of this chapter shall be liable for (i)
a criminal fine of five hundred dollars or imprisonment not to exceed
forty-eight hours, or both, or (ii) a civil penalty of five hundred
dollars for the first offense, seven hundred fifty dollars for the
second offense that occurs on a different day within any eighteen-month
period and one thousand dollars for each subsequent offense that occurs
on a different day within any eighteen-month period. For the purpose of
imposing a criminal fine or civil penalty pursuant to this paragraph,
every building or lot from which recyclable material has been removed
unlawfully shall constitute a separate violation for which a criminal
fine or civil penalty may be imposed.
2. No person shall be in violation of paragraph one of subdivision a
of section 16-461 of this chapter if such person has removed three or
fewer recyclable items, in the aggregate, per day or if such removed
items are loose, individual magazines or soft-cover books that are not
bundled and tied together with other mixed paper. This paragraph shall
not apply to any refrigerant-containing item, or any large bulk metal
item as defined by the commissioner by rule, or if the department
observes the presence of additional recyclable material in the motor
vehicle. There shall be a rebuttable presumption that the presence of
such additional recyclable material in the motor vehicle indicates that
such material was collected in violation of paragraph one of subdivision
a of section 16-461 of this chapter.
3. Any person who violates subparagraph i of paragraph two of
subdivision a of section 16-461 of this chapter shall be liable for a
civil penalty of one thousand dollars.
4. Any person who violates subparagraphs iii, iv or v of paragraph two
of subdivision a of section 16-461 of this chapter shall be liable for a
civil penalty of one hundred dollars for each such violation.
5. Any person who violates paragraph three of subdivision a of section
16-461 of this chapter shall be liable for a civil penalty of five
hundred dollars.
b. Any person who violates subdivision b of section 16-461 of this
chapter shall be liable for (i) a criminal fine of seven hundred fifty
dollars or imprisonment not to exceed forty-eight hours, or both, or
(ii) a civil penalty of seven hundred fifty dollars for the first
offense, one thousand dollars for the second offense that occurs on a
different day within an eighteen-month period and one thousand five
hundred dollars for each subsequent offense that occurs on a different
day within such eighteen-month period. For the purpose of imposing a
criminal fine or civil penalty pursuant to this subdivision, every
building or lot from which recyclable material has been removed
unlawfully shall constitute a separate violation for which a criminal
fine or civil penalty may be imposed.
c. Any person who violates subdivision c of section 16-461 of this
chapter shall be liable for (i) a criminal fine of one thousand dollars
or imprisonment not to exceed forty-eight hours, or both, or (ii) a
civil penalty of one thousand dollars for the first offense and two
thousand dollars for each subsequent offense that occurs on a different
day within any eighteen-month period. For the purpose of imposing a
criminal fine or civil penalty pursuant to this subdivision, every
building or lot from which recyclable material has been removed
unlawfully shall constitute a separate violation for which a criminal
fine or civil penalty may be imposed.
d. 1. Any owner of a motor vehicle used in violation of subdivision a
or b of section 16-461 of this chapter shall be liable for a civil
penalty of five hundred dollars for the first offense, seven hundred
fifty dollars for a second offense within any eighteen-month period and
one thousand dollars for each subsequent offense within any
eighteen-month period, regardless of whether the same vehicle was used
in the subsequent offense. Notwithstanding the foregoing, such motor
vehicle owner shall not be liable if such owner establishes that the
motor vehicle was used for purposes of violating the provisions of this
chapter without such owner's permission.
2. Any owner of a motor vehicle used in violation of subdivision c of
section 16-461 of this chapter shall be liable for a civil penalty of
one thousand dollars for the first offense and two thousand dollars for
each subsequent offense within any eighteen-month period, regardless of
whether the same vehicle was used in the subsequent offense.
Notwithstanding the foregoing, such motor vehicle owner shall not be
liable if such owner establishes that the motor vehicle was used for
purposes of violating the provisions of this chapter without such
owner's permission.
3. Any motor vehicle that has been used or is being used to commit a
violation of subdivision a, b or c of section 16-461 of this chapter may
be impounded by the department and shall not be released until either
all storage fees and the applicable fines and penalties have been paid
or a bond has been posted in an amount satisfactory to the commissioner.
Rules of the department related to the impoundment and release of motor
vehicles in chapter five of title sixteen of the rules of the city of
New York shall be applicable to the impoundment and release of motor
vehicles pursuant to this paragraph. The commissioner shall have the
power to promulgate amended rules concerning the impoundment and release
of motor vehicles and the payment of storage fees for such motor
vehicles, including the amounts and rates thereof. Where it is
determined that the motor vehicle was not used to commit a violation of
subdivision a, b or c of section 16-461 of this chapter, such fees shall
be promptly returned.
4. In addition to any other penalties provided in this subdivision,
the interest of a vehicle owner in any motor vehicle impounded pursuant
to paragraph three of this subdivision shall be subject to forfeiture
upon notice and judicial determination thereof if such vehicle owner has
been convicted of or found liable for a violation of this chapter in a
criminal or civil proceeding or in a proceeding before the environmental
control board three or more times, all of which violations were
committed within any eighteen-month period.
5. Except as otherwise provided in this subdivision, the city agency
having custody of a motor 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 motor vehicle
at public sale. Any person, other than a vehicle owner whose interest is
forfeited pursuant to this section, who establishes a right of ownership
in such motor vehicle, including a part ownership or security interest,
shall be entitled to delivery of the motor vehicle if such person:
(i) redeems the ownership interest which was subject to forfeiture by
payment to the city of the value thereof;
(ii) pays the reasonable expenses of the safekeeping of such motor
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 such vehicle if the city
establishes that the violation for which the motor vehicle was seized
was expressly or impliedly permitted by such person.
e. Any person who violates subdivision b of section 16-463 of this
chapter shall be liable for (i) a criminal fine of one thousand dollars
or imprisonment not to exceed forty eight hours, or both, or (ii) a
civil penalty of one thousand dollars for the first offense and two
thousand dollars for each subsequent offense within any eighteen-month
period. For the purpose of imposing a criminal fine or civil penalty
pursuant to this subdivision, each receipt from a separate motor vehicle
of recyclable material shall constitute a separate violation for which a
criminal fine or civil penalty may be imposed.
f. Any person who violates subdivision c of section 16-463 of this
chapter shall be liable for (i) a criminal fine of one thousand five
hundred dollars or imprisonment not to exceed forty eight hours, or
both, or (ii) a civil penalty of one thousand five hundred dollars for
the first offense and three thousand dollars for each subsequent offense
within an eighteen-month period. For the purpose of imposing a criminal
fine or civil penalty pursuant to this subdivision, each receipt from a
separate motor vehicle of department-marked material shall constitute a
separate violation for which a criminal fine or civil penalty may be
imposed.
g. Any person who violates subdivision d of section 16-463 of this
chapter shall be liable for (i) a criminal fine of one thousand five
hundred dollars or imprisonment not to exceed forty eight hours, or
both, or (ii) a civil penalty of one thousand five hundred dollars for
the first offense and three thousand dollars for each subsequent offense
within any eighteen-month period. For the purpose of imposing a criminal
fine or civil penalty pursuant to this subdivision, each receipt from a
separate motor vehicle of a refrigerant-containing item shall constitute
a separate violation for which a criminal fine or civil penalty may be
imposed.
h. The provisions of this chapter may be enforced by the department,
the police department, the department of consumer affairs and the
business integrity commission.
i. Where a notice of violation is issued for a violation of any of the
provisions of this chapter, such process shall be returnable to the
environmental control board or court of appropriate jurisdiction, which
shall have the power to impose the civil penalties provided in this
section.
Section 16-465
§ 16-465 Severability. If any provision of this local law shall be
adjudged to be unconstitutional or invalid, such judgment shall not
affect, impair or invalidate the remainder thereof, but shall be
confined in its operation to the provision directly involved in the
controversy in which such judgment shall have been rendered.
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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