Solid Waste Management

NYC Admin. Code tit. 16, ch. 2

in effect

NYC Admin. Code § 16-201 Facility assignment.

§ 16-201 Facility assignment. a. The commissioner is authorized and empowered to promulgate regulations and procedures for the management on a city-wide basis of all solid waste generated or disposed of within the city and to supervise and regulate the transportation and disposition of all solid waste generated or disposed of within the city pursuant to the standards established herein, provided that no regulation shall abridge, impair or restrict any bona fide firm contracts for the purchase or delivery of solid waste for resource recovery entered into between private parties prior to the date at which final notice of regulations is filed with the city clerk, and that any such regulations are accompanied by a justification of such regulations that demonstrates either: (1) That regulating privately collected solid waste or a portion of such waste, whether by waste origin, destination, type or by any other reasonable basis will, in the opinion of the commissioner, help facilitate the construction, expansion, rehabilitation or operation, by or for the city, of a solid waste recovery and management facility, or will help the city discharge its responsibilities with respect to the management, including transportation and disposition, on a city-wide basis, of all solid waste generated or disposed of within the city, or (2) That a declaration of imminent peril to the public health has been authorized by the board of health and such situation can be addressed or prevented by regulating the disposal of privately collected waste. b. The commissioner may assign to persons who collect or dispose of solid waste a solid waste recovery and management facility or facilities at which such persons shall deliver such waste. The commissioner may assign days and hours when such persons shall use such facilities, and may limit or prohibit collection truck traffic on particular streets or limit such traffic to certain hours of the day. c. The commissioner shall weigh as one critical consideration in his ultimate determination of specific site assignments for disposal, the minimization of solid waste disposal vehicle traffic and transportation cost on city streets and roadways. d. The commissioner shall further consider the following objectives in determining facility assignments: (1) meeting the daily operating capacity requirements of each resource recovery facility and minimizing overloading of facilities; (2) extending the useful life of existing municipal landfills; (3) ensuring the economic viability of resource recovery facilities processing waste generated within the city; (4) ensuring that unacceptable wastes do not enter facilities; (5) meeting any contractual obligations required under any resolution or resolutions authorizing the issuance of bonds for solid waste recovery and management facilities, or entered into pursuant to chapter five hundred sixty of the laws of nineteen hundred eighty; (6) achieving uniform deliveries and minimizing congestion and dumping delays at facilities. e. The commissioner shall exercise due diligence in notifying each person assigned to a facility of a scheduled closing of such facility by certified mail at least seventy-two hours prior to such closing. Such notification shall include the expected duration of the closing and assignments to alternative facilities and days and times of such assignments. f. The commissioner shall exercise due diligence in notifying persons assigned to a facility of an emergency closing of a facility or any emergency during which facilities are not available. Unless the commissioner provides alternative facilities persons assigned to a closed or unavailable facility may arrange alternative means of disposal during the closing or unavailability of such facilities.

NYC Admin. Code § 16-202 Waste acceptability.

§ 16-202 Waste acceptability. a. The commissioner shall promulgate a list of facilities and solid wastes accepted and not accepted at each such facility. b. Solid wastes not acceptable at certain or all facilities may include, but need not be limited to, the following: (1) solid wastes that may adversely affect the health or safety of facility employees or damage facility equipment; (2) wastes designated as hazardous wastes pursuant to the federal resource conservation and recovery act of 1976, as amended, and regulations promulgated pursuant thereto and titles seven and nine of article twenty-seven of the New York environmental conservation law and regulations promulgated pursuant thereto; (3) wastes designated as hazardous air pollutants pursuant to section one hundred twelve of the federal clean air act, as amended, and regulations promulgated pursuant to such act; (4) sewage sludge or containerized or free liquids; (5) bulk wastes of a size or dimension too cumbersome for efficient burning at incinerators or resource recovery facilities; (6) any or all classes of regulated medical waste or other medical waste as defined in section 16-120.1 provided that such list be consistent with such section.

NYC Admin. Code § 16-203 Charges.

§ 16-203 Charges. a. The rates for use of facilities provided by or for the department shall be fixed by the board of estimate upon the recommendation of the commissioner, who shall require persons assigned to such facilities to pay such rates. b. The rates shall be sufficient, when added to other waste disposal and resource recovery revenues and to the value to the department of its proportionate use of all facilities comprising the solid waste management system of the city, as determined by the commissioner, to provide for all expenses of transportation, land acquisition, construction, equipment, operations including enforcement, administrative and insurance costs, maintenance, expansion, replacement, financing and reasonable reserves therefore and any other costs that may be required for the financing or completion of facilities, equipment or land to be used for furnishing solid waste management services. The commissioner may from time to time recommend and the board of estimate may prescribe changes in rates, provided that such changes shall be based on changes in the cost of furnishing solid waste management services. c. The rate for each facility may be fixed so as to vary according to volume, location of facility assignment, or weight, type, character or difficulty of storing, processing or disposing of the solid waste, or other factors relating to economic efficiency or allocation of resources and may not discriminate between classes of users. The commissioner shall state the basis for establishing such varying rates in the commissioner's recommendations to the board of estimate. d. The commissioner shall notify by mail all persons assigned to use facilities of the first meeting of the board of estimate at which any resolution fixing or changing such rates is scheduled to be considered. Such notice shall be mailed at least thirty days prior to such board of estimate meeting and shall include the proposed rates or rate changes. Failure to provide such notice shall not affect the validity of such rates. e. The commissioner may collect charges in such manner as he determines shall minimize burdens and costs of the department, provided that the commissioner shall also consider burdens and costs of persons assigned to facilities.

NYC Admin. Code § 16-204 Recordkeeping and filing requirements.

§ 16-204 Recordkeeping and filing requirements. Each person assigned to a facility or facilities shall submit to the commissioner an annual report on such date as the commissioner shall determine, in a form established by the commissioner, which provides information required by the commissioner to plan, develop, maintain and operate facilities and provide waste management services. Such information shall include but not be limited to daily solid waste volumes and general composition or character of wastes by each vehicle route to and from facilities.

NYC Admin. Code § 16-205 Variances.

§ 16-205 Variances. a. There shall be in the department a solid waste management board consisting of the commissioner, the commissioner of consumer and worker protection and the executive director of the office for economic development, all of whom shall serve on the board without compensation and all of whom shall have the power to exercise or delegate any of their functions, powers and duties as members of the board. Such board may grant variances from a regulation or modify assignments or rates of the commissioner involving the transportation, storage, processing or disposal of solid waste when such board finds that such regulation or order would impose unreasonable economic hardship. The specific terms of any variance granted shall be determined by such board on a case by case basis. Any person seeking a variance shall do so by filing with such board a petition for variance in a form prescribed by such board. Such forms shall document the need for a variance. b. Exemptions from formal variance request procedures may be made for day-to-day operational hardships such as equipment failure. The commissioner may grant temporary facility and time assignment variances to persons who report such hardships to the commissioner. Proof of hardship must be submitted to the commissioner within the time frame set by the commissioner. Subsequent exemptions may be withheld for failing to submit proof of hardship for any prior request. (Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/080.

NYC Admin. Code § 16-206 Enforcement proceedings.

§ 16-206 Enforcement proceedings. a. The commissioner shall issue a notice of violation returnable to the environmental control board to any person violating a provision of this chapter or any regulation promulgated by the commissioner pursuant to this chapter. b. The environmental control board shall impose penalties as provided in subdivisions c and d. c. Each violation, whether committed on the same or a subsequent date, shall be deemed a separate violation and be punishable by a penalty. SCHEDULE OF PENALTIES FOR SPECIFIC VIOLATIONS Failure to submit accurate and timely annual report pursuant to section 16-204 up to $1,000.00 Use of restricted streets or use of streets during restricted time periods as established pursuant to section 16-201 up to $100.00 Delivery of waste to an unauthorized facility in violation of assignments made pursuant to section 16-201 up to $300.00 Delivery to a specific facility of waste classified as unacceptable for that facility in violation of regulations promulgated pursuant to section 16-202 up to $300.00 Delivery to a specific facility of waste classified as unacceptable which may have an adverse effect on the health and safety of facility employees or which may damage equipment in violation of regulations promulgated pursuant to section 16-202 up to $10,000.00 Delivery of waste classified as hazardous in violation of regulations promulgated pursuant to section 16-202 up to $10,000.00 Delivery of waste classified as regulated medical waste or other medical waste in violation of regulations promulgated pursuant to section 16-202 up to $10,000.00 d. Violations not listed in subdivision c may be punishable as determined by the environmental control board by a penalty not to exceed ten thousand dollars. e. Any person violating a provision of this chapter or any regulation promulgated by the commissioner pursuant to this chapter shall also be liable for any costs or expenses that may be incurred by the city as a result of such violation.

NYC Admin. Code § 16-207 Regulations.

§ 16-207 Regulations. a. The commissioner, upon the recommendation of the solid waste management board and upon the approval of the board of estimate, may exempt that portion of privately collected solid waste from all or some provisions of any regulations for such period of time as is necessary and appropriate up to forty years, if the regulation of that solid waste will materially and adversely interfere with the development, financing or operation of any resource recovery facility owned or operated or being developed privately. Any person seeking an exemption shall do so by filing with the solid waste management board a petition for exemption in a form prescribed by such board. Such form shall document the need for an exemption. The effective date of any exemptions granted may be withheld until a bona fide, firm, long-term contract has been executed for delivery of such solid waste to a safe and reliable facility and copy of such contract has been received by the solid waste management board. b. In the event that any resource recovery facility owned or operated privately fails to adequately process or dispose of solid waste and such facility does not provide for alternate storage, processing or disposal, the privately collected solid waste exempted from regulation and not disposed by the facility may be made subject to any regulation for which it had been exempted. c. (1) Nothing herein shall be construed to prohibit or limit private collectors from extracting from the waste they collect materials that have value to such collectors for the purposes of recycling, reuse or resale. (2) Any regulations promulgated shall not limit the amount or type of solid waste utilized by any person for the purposes of composting, materials recovery from solid waste, or operation of a recycling center. d. Such regulations shall make reasonable accommodation to permit persons to deliver solid waste to recycling facilities or permitted transfer facilities for the sole purpose of materials reclamation or volume reduction, provided, however, that nothing contained herein shall materially impair the authority of the com- missioner to enforce the regulation of the residual solid waste resulting from such reclamation or volume reduction activities in accordance with this chapter.

NYC Admin. Code § 16-208 Publication of regulations.

§ 16-208 Publication of regulations. Notwithstanding any inconsistent provisions of section eleven hundred five of the charter, the regulations promulgated pursuant to this chapter shall be promulgated pursuant to the procedures set forth in this section. The commissioner shall: a. publish notice of the proposed regulations in at least two newspapers of general circulation, the city record, and at least one industry journal: b. allow a sixty day period to receive comments on such proposed regulations and an additional ten days to review such comments before publishing a final notice of such regulations: c. at least one hundred eighty days prior to the effective date of such regulations, submit to the city clerk final notice of such regulations, together with a set of the comments filed pursuant to this section, findings related to material substantive elements in such comments, and a justification for the necessity of such regulations; and d. amend such regulations pursuant to section eleven hundred five of the charter.

NYC Admin. Code § 16-209 Definitions.

§ 16-209 Definitions. As used in this title: a. "Solid waste" means all materials or substances discarded or rejected as being spent, useless, or worthless, including but not limited to garbage, refuse, industrial and commercial waste, sludges from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris and offal, but not including sewage and other highly diluted water-carried materials or substances and those in gaseous forms. b. "Solid waste recovery and management facility" or "facility" means any facility, plant, works, system, building, structure, improvement, machinery, equipment, fixture or other real or personal property which is to be used, occupied or employed beyond the initial solid waste collection process for the storage, processing, or disposal of solid waste or the recovery by any means of any material or energy product or resource therefrom including but not limited to recycling centers, transfer stations, baling facilities, rail haul or barge haul facilities, processing systems, resource recovery facilities or other facilities for reducing solid waste volume, sanitary landfills, plants and facilities for compacting, composting or pyrolization of solid wastes, incinerators, and other solid waste disposal, reduction or conversion facilities. For the purpose of this title, solid waste recovery and management facilities include solid waste recovery and management projects as defined in subdivision two of section 51-0903 of the environmental conservation law. c. "Person" means any governmental body, except the city of New York, public corporation or authority, private corporation, partnership or individual engaged in the business of removing, disposing of, conveying or transporting upon the streets, public places or bridges, or over the ferries in the city of solid waste.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-226784Fetched: 10/24/2026