Generator Filing Requirements for New York State Department of Environmental Conservation Annual or Additional Reports and Department of Sanitation Solid Waste Removal Plans or Amended Plans

RCNY tit. 16, ch. 11

in effect

16 RCNY § 11-01 Definitions.

§ 11-01 Definitions. Commissioner. "Commissioner" means the Commissioner of the Department or his/her representative. Department. "Department" means the Department of Sanitation. Laboratory waste. "Laboratory waste" means all matter, other than regulated medical waste, that is discarded from clinical, pathological or research laboratory areas at which activities are required to be conducted or supervised by persons licensed by the city or state to provide health, medical, pharmaceutical, or laboratory services. Other medical waste. "Other medical waste" means laboratory and surgical waste as defined in this section. Person. "Person" means any individual, partnership, company, corporation, association, firm, organization, or any other group of individuals, or any officer or employee or agent thereof, provided that person shall not mean any individual who generates regulated household waste, and provided further that where a person authorized by law to transport regulated medical waste transports waste pursuant to an agreement with a generator of regulated medical waste or other medical waste, such person shall not be considered an agent of such generator for the purposes of these Rules. Regulated medical waste. "Regulated medical waste" shall have the meaning set forth in Title 15 of Article 27 of the New York State Environmental Conservation Law, in Title 13 of Article 13 of the New York State Public Health Law, or in § 16-120.1 of the Administrative Code of the City of New York or any rules and regulations promulgated pursuant to such provisions of law. Solid waste. "Solid waste" means all putrescible and non-putrescible materials or substances, except as described in paragraph (2) of this subsection, that are discarded or rejected including, but not limited to garbage, refuse, waste collected by any business entity required to be licensed or permitted pursuant to Subchapter 18 of Chapter 2 of Title 20 of the Administrative Code of the City of New York, rubbish, fires, ashes, contained gaseous material, incinerator residue, discarded automobiles and offal. Such term shall include recyclable materials, as defined in Subdivision (i) of § 16-303 of Chapter 1 of Title 16. (1) A material is discarded or rejected if it is: (i) spent, useless, worthless or in excess to the owners at the time of such discard or rejection; (ii) disposed of; (iii) burned or incinerated, including material being burned as a fuel for the purpose of recovering useable energy; or (iv) accumulated, stored or physically, chemically or biologically treated (other than burned or incinerated) instead of or before being disposed of. (2) The following are not solid waste for the purpose of this subsection: (i) domestic sewage; (ii) any mixture of domestic sewage and other waste that passes through a sewer system to a publicly owned treatment works for treatment, except any material that is introduced into such system in order to avoid the provisions of the Title 16 of the Administrative Code of the City of New York, or of state regulations promulgated to regulate solid waste management facilities; (iii) industrial wastewater discharges that are actual point source discharges subject to permits under Article 17 of the New York State Environmental Conservation Law; provided that industrial wastewaters while they are being collected, stored or treated before discharge and sludges that are generated by industrial wastewater treatment are solid waste; (iv) irrigation return flows; (v) radioactive materials that are source, special nuclear, or by-product material under the Federal Atomic Energy Act of 1954, as amended, 42 U.S.C. §§ 2011 et seq.; (vi) materials subject to in-situ mining techniques which are not removed from the ground as part of the extraction process; (vii) hazardous waste as defined in § 27-0901 of the New York State Environmental Conservation Law, including material containing hazardous waste; and (viii) regulated medical waste as defined in title 15 of Article 27 of the New York State Environmental Conservation Law, in Title 13 of Article 13 of the New York State Public Health Law, or in § 16-120.1 of the Administrative Code of the City of New York or any rules and regulations promulgated pursuant to such provisions of law. Surgical waste. "Surgical waste" means all materials, other than regulated medical waste, discarded from surgical procedures and includes, but is not limited to, disposable gowns, shoe covers, masks, headcovers, gloves and sponges.

16 RCNY § 11-02 Filing Requirements for Department of Environmental Conservation Annual Report and Department of Sanitation Solid Waste Removal Plans.

§ 11-02 Filing Requirements for Department of Environmental Conservation Annual Report and Department of Sanitation Solid Waste Removal Plans. (a) Department of Environmental Conservation Annual Report. (1) Any person who generates any quantity of regulated medical waste shall file with the Commissioner a copy of any annual reports or additional reports required to be submitted by such person to the Commissioner of the New York State Department of Environmental Conservation (DEC) pursuant to Paragraph d of Subdivision one of § 27-1510 of the Environmental Conservation Law or Paragraph (d) of Subdivision two of Section 1389-bb of the Public Health Law within fifteen days of submission of such reports to the DEC Commissioner. (2) The copy of any annual reports and additional reports shall be mailed to: New York City Department of Sanitation Bureau of Legal Affairs Environmental Unit 44 Beaver Street New York, New York 10004 The filing of any annual reports and additional reports as required by these Rules shall become effective upon receipt of such mailing by the Department. (b) Solid waste removal plan and amendments. (1) Any person who generates regulated medical waste or solid waste shall file with the Department a solid waste removal plan on an annual basis on or by sixty days after the effective date of this Rule or by January 10, 1991, whichever is later, and on or by January 10 of each subsequent calendar year, provided, however, that any person who generates less than fifty pounds (50 lbs.) per month of regulated medical waste shall file such solid waste removal plan on or by January 10, 1990 only and shall amend such plan, where applicable, in accordance with paragraph two of this subsection. Such plan shall be submitted only on a form prescribed by the Department. The submission of a form other than such prescribed form shall not constitute an acceptable filing of the solid waste removal plan. Such plan shall include at a minimum: (i) Regulated medical waste and solid waste information: (A) the address at which regulated medical waste or solid waste is generated; (B) the name, address, if different from subparagraph (A), and telephone number of the person or facility generating regulated medical waste or solid waste; (C) the name, title and telephone number of the person-in-charge of the generator facility; (D) a description of the type of generator (e.g., hospital, laboratory, veterinary clinic, private clinic); (E) a description of the regulated medical waste (e.g., isolation waste, sharps, dialysis waste) generated by the person or facility; (F) a description of the solid waste (e.g., other medical waste, office paper, cardboard, metal, plastic, newspaper, wood, food) generated by the person or facility; (G) an estimate of the quantity of regulated medical waste generated monthly or received from outside sources monthly; (H) an estimate of the quantity of solid waste generated monthly or received from outside sources monthly; (I) a description of the method(s) of on-site treatment, if any, undergone by the regulated medical waste; (J) the signed and dated certification of the individual completing the form. (ii) Regulated medical waste transporter information: (A) the name(s), address(es), telephone number(s) of the regulated medical waste transporter and the number of the permit(s) issued pursuant to § 27-1511 of the New York State Environmental Conservation Law held by the transporter of regulated medical waste; (B) the name(s), address(es) and telephone number(s) of the disposal site. (iii) Solid waste transporter information: (A) the name(s), address(es), telephone number(s) of the transporter, and number(s) of the permit(s) issued pursuant to § 20-332 of the Administrative Code of the City of New York held by the transporter of solid waste. (B) the name(s), address(es), and telephone number(s) of the disposal site, if known. (2) Amended solid waste removal plan. If any of the information contained in the solid waste removal plan completed and submitted as required by these Rules on or by sixty days after the effective date of this Rule or by January 10, 1991, whichever is later, and on or by January 10 of each subsequent calendar year, or any such plan completed and submitted by any person who generates less than fifty pounds (50 lbs.) per month of regulated medical waste on or by January 10, 1991 only, changes during the course of the plan year, or the Commissioner or the Commissioner of the New York City Department of Health requires by rule additional information, the person or facility generating regulated medical waste or solid waste shall file with the New York City Department of Sanitation an amended Solid Waste Removal Plan within fifteen (15) days of such change or such requirement. (3) Any completed solid waste removal plan, and, where applicable, any amended solid waste removal plan, shall be mailed to: New York City Department of Sanitation Bureau of Legal Affairs Environmental Unit 44 Beaver Street New York, New York 10004 The filing of any initial solid waste removal plan and solid waste removal plan amendments as required by these Rules and Regulations shall become effective upon receipt of such mailing by the Department. (4) All solid waste removal plans and any amendments thereto required by these Rules to be submitted and completed by any generator of regulated medical waste or solid waste, shall be maintained by such generator for a period of three years from the date of submission of such plans and any amendments thereto for the purposes of being made available for inspection by the Department as authorized by Subdivision g of § 16-120.1 of the Administrative Code of the City of New York. (c) Failure to file a copy of any annual or additional reports pursuant to subsection a of this section or failure to file a solid waste removal plan or amended plan pursuant to subsection b of this section shall be punishable only by a civil penalty of not less than $50.00 nor more than $250.00 if such annual or additional report or plan or amended plan is filed within thirty days of the filing deadlines set forth in such subsections. In the case where such report or additional report, or any such plan or amended plan is not filed within thirty days of the filing deadlines set forth in subsections a and b of this section, applicable criminal and civil penalties set forth in subdivision i of § 16-120.1 of the Administrative Code of the City of New York shall apply. Civil penalties shall be recoverable in a civil action brought in the name of the Commissioner or in a proceeding before the Environmental Control Board.

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/NYCrules/0-0-0-32551Fetched: 10/24/2026