Section 24-117
§ 24-117 Existing refuse burning equipment. (a) Every owner of refuse
burning equipment that has been operated at any time subsequent to
January first, nineteen hundred sixty-five, whether such operation was
required by law or not, shall, except as otherwise provided by this
code:
(1) Resume or continue the operation of such refuse burning equipment;
or
(2) Construct, maintain and operate a refuse compacting system in
conformity with all applicable laws and regulations; or
(3) Install, maintain and operate a refuse containerization system in
conformity with all applicable laws and regulations; or
(4) In the case of non-residential buildings or occupancies from which
the department of sanitation has not collected refuse at any time
subsequent to January first, nineteen hundred sixty-five, arrange for
the continued collection of all refuse from such premises by a person,
other than the department of sanitation, who is authorized to collect
and remove refuse pursuant to applicable provisions of the code.
(b) No person subject to the provisions of subdivision (a) of this
section shall construct a refuse compacting system except with the prior
written permission of the department of buildings upon application filed
at an office of the department of buildings. The department of buildings
shall, in writing, promptly notify the commissioner of the receipt of
any such application.
(c) No person subject to the provisions of subdivision (a) of this
section shall install a refuse containerization system to be serviced by
the department of sanitation except with the prior written permission of
the department of sanitation upon application filed with the
commissioner of sanitation. In considering any such application the
commissioner of sanitation may take into account:
(1) The number, capacity and specifications of the containers to be
used;
(2) The dimensions and suitability of the areas or rooms in which the
containers are to be stored;
(3) The accessibility of the containers to vehicles operated by the
department of sanitation for the collection of refuse;
(4) The frequency of collection of refuse and the cost to the
department of sanitation of such collection which would be necessitated
by the installation of the proposed refuse containerization system, as
compared with the frequency and cost of such collection which would
ensue upon the installation of either a refuse compacting system or
other alternate refuse containerization system;
(5) The adverse public health and environmental effects which may
arise from the installation and operation of the refuse containerization
system, including, without limitation, provision of harborage for
rodents, insects or other pests; and
(6) Such other factors as the commissioner of sanitation may deem
necessary and proper.
(d) The department of sanitation shall collect, without charge, refuse
resulting from the operation of a refuse compacting system constructed,
maintained and operated in conformity with subdivision (a) of this
section or of a refuse containerization system installed, maintained and
operated in conformity with such subdivision, unless prior to May
twentieth, nineteen hundred sixty-six, the department of sanitation of
the city of New York was not obligated to collect without charge refuse
from the structures in which such refuse compacting system or refuse
containerization system is installed.
(e) The obligation of the department of sanitation under subdivision
(d) of this section shall terminate:
(1) If the use of such structure is changed in such a manner that if
such change had occurred prior to May twentieth, nineteen hundred
sixty-six, the department of sanitation would not have been obligated to
collect, without charge, refuse from such structure; or
(2) If, where the collection of refuse from such structure involves
entry by the department of sanitation upon premises which are not owned
and occupied by the city of New York, such department is not furnished
with such indemnities and insurance protection as it may reasonably
require.
(f) In the event of the sealing of refuse burning equipment by the
board pursuant to section 24-178 of this code, any collection of refuse
by the department of sanitation from the location of said refuse burning
equipment shall be at the expense of the owner of said equipment. Said
expenses shall be recoverd in a civil action brought in the name of the
commissioner of sanitation.
(g) Notwithstanding any provision of this section to the contrary, the
commissioner may authorize the discontinuance of the operation of
certain refuse burning equipment as provided herein:
(1) Upon the application of any owner of refuse burning equipment in a
multiple dwelling containing forty-two dwelling units or less per unit
of refuse burning equipment, provided that the applicant shows to the
satisfaction of the commissioner that it would not be reasonably
practicable for the applicant to cause the equipment in such multiple
dwelling to fully meet the standards and requirements of this code or to
install a reasonably efficient refuse compacting system or refuse
containerization system by reason of the physical characteristics of the
multiple dwelling or otherwise.
(2) Upon the application of any owner of refuse burning equipment in a
public building, in a public housing project operated by the New York
city housing authority containing forty-two or less dwelling units, or
in a building operated by a charitable or non-profit institution.
(3) Operation of such refuse burning equipment shall be discontinued
within thirty days after notice to the applicant of the authorization
permitting discontinuance. Notice shall be given by the mailing of a
copy of the authorization to the applicant at the address designated in
the application.
(4) Upon the discontinuance of operations pursuant to such
authorization, the department of sanitation shall collect the refuse
from the location of the refuse burning equipment designated in such
authorization.
(h) Any person who does not resume or who discontinues the operation
of refuse burning equipment pursuant to the provisions of this section
shall immediately notify the commissioner to such effect in writing, and
shall within thirty days after such notice seal such refuse burning
equipment in accordance with all applicable laws and regulations. To
insure such compliance, the department may from time to time inspect
such refuse burning equipment in accordance with section 24-108 of this
code, and the commissioner may issue such orders with regard to the
sealing of such refuse burning equipment as he or she deems necessary
and proper.
(i) The provisions of this section shall not apply to refuse burning
equipment which is in a building to be demolished to permit the erection
of a new building if:
(1) The new building application has been approved by the department
of buildings; and
(2) Certificates of eviction have been issued by the state division of
housing and community renewal, which is the city rent agency pursuant to
section 26-403, where required; and
(3) Final order for eviction has been issued.
(j) Notwithstanding any provision of this section to the contrary,
every owner of refuse burning equipment shall cease the operation of and
remove or seal such refuse burning equipment within four years of the
effective date of this subdivision. Substitution, modification or
reduction by an owner of essential or required services subject to the
provisions of the city rent and rehabilitation law or the rent
stabilization law of nineteen hundred sixty-nine shall be permitted if
such substitution, modification or reduction is necessary to comply with
this subdivision and subdivision (a) of this section and is the minimum
substitution, modification or reduction of essential or required
services that is required for such compliance. This subdivision shall
not apply to refuse burning equipment described in subdivisions one, two
and three of section 24-118 of this subchapter.
Section 24-118
§ 24-118 Installation of refuse burning equipment, other than
municipal, prohibited; new installation. No person shall cause or permit
the installation of refuse burning equipment. This prohibition shall not
apply to refuse burning equipment operated by:
(1) Any hospital, biological laboratory or other medical facility
required to incinerate dressings, biological and obstetrical wastes,
contagious and infectious materials, disposable syringes and needles,
amputations, and general rubbish under the public health law or
regulations thereunder; or
(2) The department or the department of sanitation in connection with
sewage treatment plants and solid waste disposals; or
(3) The department of transportation in connection with waterborne
marine transportation facilities operated under its jurisdiction.
Section 24-119
§ 24-119 Refuse compacting systems; multiple dwellings after May
twentieth, nineteen hundred sixty-eight. All multiple dwellings erected
after May twentieth, nineteen hundred sixty-eight which are four or more
stories in height and occupied by more than twelve families, or which
are "class B" multiple dwellings as defined by the multiple dwelling law
shall be provided with a refuse compacting system constructed,
maintained and operated in conformity with all applicable laws and
rules.
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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