[New York City Waste Containment]
The proposed rule would require owners and/or managing agents of certain new residential multiple dwellings to install a waste containerization system for the management of waste.
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The New York City Department of Sanitation (“DSNY”) is proposing to amend its rules to require certain buildings to install and utilize waste containerization systems.
DSNY will hold a public hearing on the proposed rule. The public hearing will take place at 9:30 AM to 11:00 A.M. on April 16, 2020, in the Second Floor Auditorium at 125 Worth Street, New York, NY 10013.
Anyone can comment on the proposed rules by:
• Website. You can submit comments to the DSNY through the NYC Rules Web site at http://rules.cityofnewyork.us. • Email. You can email written comments to [email protected].
• Mail. You can mail written comments to DSNY, 125 Worth Street, Room 710, New York, NY 10013.
• Fax. You can fax written comments to DSNY at 212-788-3876.
• By speaking at the hearing. Anyone who wants to comment on the proposed rule at the public hearing must sign up to speak. You can sign up before the hearing by calling 646-885-4786. You can also sign up in the hearing room before the hearing begins on April 16, 2020. You can speak for up to three minutes.
The deadline for submitting written comments shall be April 16, 2020.
What if I need assistance to participate in the hearing? You must tell the Bureau of Legal Affairs if you need a reasonable accommodation of a disability at the hearing. You must tell us if you need a sign language interpreter. You can tell us by mail at the address given above. You may also tell us by telephone at 646-885-5006. Advance notice is requested to allow sufficient time to arrange the accommodation. Please tell us by April 9, 2020.
This location has the following accessibility option(s) available: Wheelchair and Sign Language Interpretation.
Can I review the comments made on the proposed rules? You can review the comments made online on the proposed rules by going to the website at http://rules.cityofnewyork.us/. A few days after the hearing, copies of all comments submitted online, copies of all written comments, and a summary of oral comments concerning the proposed rule will be available to the public at 125 Worth Street, Room 710, New York, NY 10013 and on DSNY’s website.
What authorizes DSNY to make this rule? Sections 753 and 1043 of the City Charter and Sections 16-120 and 27-2021 of the Administrative Code authorize DSNY in conjunction with the Department of Health and Mental Hygiene and the Department of Housing Preservation and Development to make this proposed rule. This rule was included in DSNY’s regulatory agenda for this Fiscal Year.
Where can I find DSNY’s rules? DSNY’s rules are in Title 16 of the Rules of the City of New York.
What laws govern the rulemaking process? DSNY must meet the requirements of Section 1043 of the City Charter when creating or changing rules. This notice is made according to the requirements of Section 1043 of the City Charter.
Statement of Basis and Purpose of Proposed Rule
When large, new buildings are designed, there currently is no requirement that such buildings consider waste management planning and incorporate measures for managing the substantial amount of refuse and recyclables generated by residents of such buildings. Curbside placement of piled bags of refuse generated at such buildings for collection by the Department of Sanitation (“DSNY”), given their large size, results in mountains of black bags placed along the curb on the sidewalks, not only obstructing pedestrian flow, but also impacting the quality of life of the surrounding area, especially in the summer months and after delayed collection during the winter months due to snow. These bags are also a huge food source for rats.
The proposed rule would require owners and/or managing agents of certain new residential multiple dwellings to install a waste containerization system for the management of waste generated (unless DSNY determines that collection service through this system is not feasible).
Pursuant to Local Law 56 for the Year 1967, Local Law 11 for the Year 1971, and Chapter 907 of the Laws of 1985, DSNY, the Department of Health and Mental Hygiene (“DOHMH”), and the Department of Housing Preservation and Development (“HPD”) must jointly approve via rule (“Tripartite General Orders”) any new specifications for waste management systems in dwellings.
This jointly drafted proposed rule would amend the existing Tripartite General Orders by requiring owners and/or managing agents of certain new residential multiple dwellings, including commercial buildings that are turned into residential buildings, to install a waste containerization system to manage waste generated at such building unless DSNY determines that collection service through this system is not feasible.
Specifically, this proposed rule would require the installation of a waste containerization system in:
• Any new multiple dwelling building that contains 300 or more dwelling units; or
• Any commercial building that is altered, enlarged or otherwise modified from its original physical design in order to be newly classified by the New York City Department of Buildings (“DOB”) as a multiple dwelling building that contains 300 or more dwelling units; or
• Any commercial building having 50 percent or more of its floor area renovated in order to be classified by DOB as a multiple dwelling building that contains 300 or more dwelling units. DSNY also reserves the right to waive this mandatory requirement if it determines such waste containerization system is not operationally feasible at any time for reasons including, but not limited to, one or more of the following:
• the vehicle operator for DSNY must be able to drive safely any of its collection vehicles within the boundary lines of any private property that such collection vehicle must access. DSNY reserves the right to require the submission of drawings or plans, including, but not limited to, an auto-turn analysis depicting one of its collection vehicles; or • a DSNY collection truck must be able to enter and exit the waste holding area with normal and customary maneuvering by the operator; or
• DSNY must have the necessary vehicles and equipment to collect the materials placed out for collection by the building through the waste containerization system; or
• the area in which such containers are stored, if located on private property, must continually be kept and maintained in good condition and not pose any threat of injury to DSNY workers or damage to its vehicles and equipment during collection; or
• meeting all specifications outlined in section 9-12 of this subchapter. DSNY may deny or suspend collection service to any building required by the proposed rule to have a waste containerization system if all provisions have not been met.
