16 RCNY § 1-01 Definitions.
§ 1-01 Definitions.
Ashes. "Ashes" means cinders, coal and every other such substance which is left unconsumed by fire in stoves, furnaces, ranges, firepots, fireplaces and other such places.
Beneficial Organic Waste Use. "Beneficial organic waste use" means the processing of organic waste by composting, aerobic digestion, or anaerobic digestion.
Beverage cartons. "Beverage cartons" means coated cardboard cartons or boxes, including milk and juice cartons or boxes, gable-top cartons and aseptic packages.
Bulk metal. "Bulk metal" means metal items that are too heavy or large to lift or fit into recycling containers, including large metal appliances.
Bulk plastic. "Bulk plastic" means rigid plastic items that are too heavy or large to lift or fit into recycling containers.
Bulk waste. "Bulk waste" includes large glass, metal, rigid plastic, ceramic, porcelain and/or wood items, including, but not limited to, furniture such as chairs, tables and desks; household appliances such as refrigerators, freezers, stoves, washing machines, dishwashers; hot water tanks; and trash compactors; sinks; corrugated roofing; aluminum siding; storm window and door frames; sewer pipes; brass fittings; copper pipes and fittings; and scrap lumber.
City agency or agency. "City agency or agency" means all city mayoral and non-mayoral agencies. Excluded from the definition of city agency or agency are city-owned buildings, including residential units within buildings, that are leased to entities other than New York City governmental entities. A city-owned building, or part of a building, that is leased for residential purposes shall be covered by 16 RCNY § 1-08 (residential collection service of designated recyclable materials). A city-owned building, or part of a building, that is leased for non-residential purposes shall be covered by 16 RCNY § 1-10 (recycling of private-carter collected waste) unless such building is leased to a facility or organization that qualifies as an institution as defined in this section.
Commercial occupants. "Commercial occupants" means every and any occupant within a residential building who engages in or operates any business, trade or profession for profit.
Commissioner. "Commissioner" means the Commissioner of the Department or his/her representative.
Compacted refuse. "Compacted refuse" means the solid waste remaining after the application of a compacting system which is installed in accordance with § 24-119 of the Administrative Code of the City of New York.
Comprehensive solid waste management plan. "Comprehensive solid waste management plan" means the solid waste management plan for the City of New York, as approved by the New York State Department of Environmental Conservation pursuant to § 27-0107 of the Environmental Conservation Law, as such plan may be updated or modified from time to time.
Construction and demolition debris. "Construction and demolition debris" means non-putrescible waste materials resulting from building demolition, construction, alteration and excavation, including, but not limited to materials such as dirt, earth, plaster, concrete, rock, rubble, slag, ashes, tree stumps, roots and waste timber and lumber.
Covered Establishment. "Covered establishment" shall have the same meaning as set forth in § 16-306.1(a) of the Administrative Code of the city of New York.
Curbside collection. "Curbside collection" means collection service where building solid waste and/or designated recyclable material collected by the Department is placed at the curbside of such building in containers or bundles which are then manually emptied by Department personnel into collection vehicles. The commencement of curbside collection of designated recyclable materials shall be scheduled on a district by district basis.
Department. "Department" means the Department of Sanitation or its agents or contractors.
Designated recyclable metal, glass and plastic. "Designated recyclable metal, glass and plastic" includes: metal cans: containers made of glass; beverage cartons; rigid plastics; bulk plastic; aluminum foil and aluminum foil products; bulk metal and metal items, as such term is defined in this section.
Designated recyclable materials. "Designated recyclable materials" are materials that the Commissioner has designated as recyclable pursuant to §§ 16-305, 16-306, 16-306.1, 16-307, 16-308 and 16-314 of the Administrative Code of the city of New York. The materials designated as recyclable under these sections may vary from section to section.
Designated recyclable paper. "Designated recyclable paper" includes: high grade office paper: newspaper; magazines; catalogs; phone books; corrugated cardboard; and mixed paper, as such term is defined in this section.
District. "District" means sanitation districts, the boundaries of which are coterminous with the boundaries of Community Boards in the City of New York.
Domestic Partner. "Domestic Partner" means a person who has registered a domestic partnership in accordance with applicable law with the City Clerk, or has registered such a partnership with the former City Department of Personnel pursuant to Executive Order 123 (dated August 7, 1989) during the period August 7, 1989 through January 7, 1993. (The records of domestic partnerships registered at the former City Department of Personnel are to be transferred to the City Clerk.)
Economic market. "Economic market" refers to instances in which the full avoided costs of proper collection, transportation and disposal of source separated materials are equal to or greater than the cost of collection, transportation and sale of said material less the amount received from the sale of said materials.
Film plastic.
(1) "Film plastic" means non-rigid plastic items composed of a sheet of plastic material used to wrap or cover other items, or used in packaging.
(2) Examples of "film plastic" include, but are not limited to:
(i) Carry-out grocery or shopping bags, sleeves for newspapers and circulars, dry cleaning bags, and garbage bags;
(ii) Items used in packaging, such as plastic wrap, wrappers, bubble wrap, shrink or stretch wrap or other wrapping;
(iii) Food bags designed to store, refrigerate or freeze food and liquids, and household storage bags used to store household items; and
(iv) Any plastic label, bag, film, safety seal, or flexible inner or outer wrap that is used to cover or contain a product or a rigid plastic.
Flexible plastic. "Flexible plastic" means non-rigid, non-film plastic items that may be manipulated into a shape different from their original form. Such items may consist of multiple layers of material, such as plastic and metal, giving a metallic appearance. Examples of flexible plastic items may include, but are not limited to, single-serve squeezable pouches holding food or drink, tubes for toothpaste, gels, cosmetics, or lotions, or pouch-like packaging holding detergents or cleaning products that are squeezable.
Generator of private carter-collected waste. "Generator of private carter-collected waste" or "generator" means any owner, net lessee, lessee, agent or occupant of a premises that generates solid waste or recyclable materials that is collected by a private carter.
Generator of regulated household waste. "Generator of regulated household waste" means any individual who disposes of regulated household waste.
High grade office paper. "High grade office paper" includes: white bond paper, including, but not limited to, typing paper, letterhead and copier paper; computer printout; and computer tab cards. Carbon paper and envelopes are not included in the definition of high grade office paper.
Home occupation(s). "Home occupation(s)" means a dwelling unit located within a residential portion of a building that is used in part for the purpose of engaging in an occupation authorized by law to be practiced at such location in addition to residential use.
Hospital. "Hospital" means a facility or institution engaged in providing medical or medical and surgical services primarily to in-patient; by or under the supervision of a physician on a twenty-four hour basis with provisions for admission or treatment of persons in need of emergency care and with an organized medical staff and nursing service, including facilities providing services relating to particular diseases, injuries, conditions, or deformities. This term shall not include a public health center, diagnostic center, treatment center, out-patient lodge, dispensary and laboratory or central service facility serving more than one institution.
Household. "Household" means dwelling or residential building unit within a residential building as defined in this section.
Institution. "Institution" includes non-profit organizations and other facilities or organizations receiving Department collection service or free dump privileges at Department solid waste disposal facilities. Excluded from the definition of institutions are college or university owned residential apartment buildings that are located outside of the college's or university's campus. Such buildings shall be covered by recycling rules for residential buildings.
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.
Mechanized collection. "Mechanized collection" means collection service where building solid waste and/or designated recyclable materials collected by the Department are placed in containers for mechanized collection which, on collection day, are in an area accessible to Department vehicles. Containers are then mechanically lifted by and emptied into collection vehicles. The commencement of mechanized collection service for designated recyclable materials shall be scheduled on a building by building basis.
Medical office(s) / Group medical center(s). "Medical office(s) / Group medical center(s)" means an office located within a residential portion of a building that is used for the purpose of practicing a medical profession authorized by law to be practiced at such location.
Metal items. "Metal items" means items that are more than fifty percent metal, including, but not limited to, large metal appliances, such as stoves, ovens and dishwashers; small metal appliances, such as toasters and irons; metal utensils, pots and pans; wire hangers; metal cabinets; metal pencil sharpeners or staplers; metal furniture; window screens; metal lighting fixtures; metal tools; metal boxes, such as tool and mail boxes; nuts and bolts; lawn mowers; bicycles; and metal toys.
Mixed paper. "Mixed paper" includes: junk mail, smooth cardboard, such as cereal and shoe boxes and cardboard tubes from paper towels; white and colored paper; manila folders; envelopes, including plastic window envelopes; paper bags; paper or cardboard cartons and trays, such as egg cartons and produce trays; and soft-cover books. Such term does not include plastic or wax coated paper; carbon paper, or hard-cover books.
Non-putrescible solid waste. "Non-putrescible solid waste" means solid waste, whether or not contained in receptacles, that does not contain organic matter having the tendency to decompose with the formation of malodorous by-products.
Nursing home. "Nursing home" means a facility, institution, or portion thereof, subject to Article 28 of the New York State Public Health Law, providing lodging therein for 24 or more consecutive hours to three or more nursing home residents who are not related to the operator by marriage or by blood within the third degree of consanguinity, nor are the domestic partner, as such term is defined in this section, of the operator, who need regular nursing home services or other professional services and do not require the services of a hospital.
Organic Waste. "Organic Waste" shall have the same meaning as set forth in § 16-303 of the Administrative Code of the city of New York, except that organic waste shall not include food that is donated to a third party, food that is sold to farmers for feedstock, and meat byproducts that are sold to a rendering company.
Organic Waste Processing Facility. "Organic waste processing facility" means a combination of managed processes, structures, machinery or devices utilized to alter the physical characteristics of organic waste by turning it into a product, at which source-separated organic waste is received and processed through a beneficial organic waste use for the purpose of reuse or sale, that is authorized to operate by the New York state department of environmental conservation if located in the state of New York, or authorized to operate by the applicable state or local authority, if located outside of the state of New York.
Other Residential Office(s). "Other Residential Office(s)" means an office, other than a medical office/group medical center, located within a residential portion of a building that is authorized by law to be used as an office by virtue of such use having been established prior to December 15, 1961.
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.
Private carter. "Private carter" means any person required to be licensed or permitted pursuant to Title 16-A of the Administrative Code of the city of New York.
Public building. "Public building" means any building used and occupied and maintained and operated by an agency of the City of New York or of the State of New York.
Puncture resistant container. "Puncture resistant container" means any metal container which has a secured lid that is taped closed and which cannot be pierced by regulated household waste (e.g., coffee can).
Putrescible solid waste. "Putrescible solid waste" means solid waste containing organic matter having the tendency to decompose with the formation of malodorous by-products.
Recyclable materials. "Recyclable materials" means materials that may be separated, collected, processed, marketed and returned to the economy in the form of raw materials or products, including but not limited to, types of metal, glass, paper, rigid plastic, food waste, tires and yard waste.
Recycled or recycling. "Recycled" or "recycling" means any process by which recyclable materials are separated, collected, processed, marketed and returned to the economy in the form of raw materials or products.
Recycler. "Recycler" means any person who lawfully collects, accepts, or otherwise processes recyclable materials who is not required to be licensed or registered pursuant to Title 16-A of the Administrative Code of the city of New York.
Recycling processing facility. "Recycling Processing Facility" means a facility that is registered or permitted by the New York State of Department of Environmental Conservation and/or the department at which: 1) designated recyclables, other than organic waste, are delivered separately from solid waste; or, 2) source-separated designated recyclables, other than organic waste, are processed for the purpose of reuse or sale.
Regulated household waste. "Regulated household waste" means any item that may cause punctures or cuts that is used in the administration of medication and is disposed of with residential solid waste, including but not limited to intravenous tubing and syringes with needles attached. Regulated household waste shall not include such items generated by persons licensed by the city or state to provide health, medical, pharmaceutical or laboratory services at facilities where such services are performed, but shall include any such items generated in the course of home health care.
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.
Residential building. "Residential building" means any building used and occupied for residential purposes by a person or persons (other than and in addition to the owner, superintendent, janitor, or caretaker) including all single-family and two-family residential buildings, excepting, however, hotels.
Residential solid waste. "Residential solid waste" means solid waste generated by a residential building.
Rigid plastic.
(1) "Rigid plastic" means any item that: (i) is composed predominantly of plastic resin; (ii) has a relatively inflexible fixed shape or form; and (iii) is capable of maintaining its shape or form, whether empty or full, under normal usage, independent of any product that it contains or other external support.
(2) Examples of rigid plastic items may include, but are not limited to: bottles, jars, jugs, fruit cups, pudding cups, yogurt cups, other dairy cups, dairy tubs, pails, "clamshell" or other take-out containers, boxes, bulk items, baskets, buckets, crates, beverage bottle carriers, flower or other gardening pots, toys, bulky housewares, small and large household appliances, furniture and decorations, single-use plates, cups, bowls, platters, and cutlery, trays that have sidewalls designed to contain a product in the tray, lids, caps, handles and hinges, and any durable plastic packaging that holds a food, household product, or consumer product for sale, re-sale or reuse.
(3) Notwithstanding paragraph (1) of this definition, the term "rigid plastic" does not include the following:
(i) "Foam" items, including expanded polystyrene, expanded polypropylene or other "foam" containers, boxes, insulated coolers, toys, trays or single-use plates and cups;
(ii) Flexible plastic;
(iii) Film plastic;
(iv) Cigarette lighters and butane gas lighters;
(v) Cassette and VHS tapes;
(vi) Pens and markers;
(vii) Three-ring binders;
(viii) Umbrellas;
(ix) Garden hoses;
(x) Luggage;
(xi) Sponges; and
(xii) Sports balls, including, but not limited to, basketballs, bowling balls, soccer balls, footballs, or yoga balls.
Single stream collection and recycling. "Single stream collection and recycling" means a system in which designated recyclable metal, glass and plastic, and designated recyclable paper, are placed in the same bags or bins by the generator. Such bags and/or the contents of such bins are placed into one waste hauling truck, separate from solid waste and organic waste, and are delivered directly to a recycling processing facility. Such recycling processing facility must be designed to receive, separate and process for reuse or sale commingled loads of designated recyclable metal, glass and plastic, and designated recyclable paper.
Solid waste. "Solid waste" means all putrescible and non-putrescible materials or substances, except as described in paragraph (3) of this definition, that are discarded or rejected, as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to garbage, refuse, industrial and commercial waste, rubbish, tires, ashes, contained gaseous material, incinerator residue, construction and demolition debris that is not designated as recyclable pursuant to this chapter, discarded automobiles and offal.
(1) A material is discarded if it is abandoned by being:
(i) disposed of;
(ii) burned or incinerated, including material being burned as a fuel for the purpose of recovering useable energy; or
(iii) accumulated, stored or physically, chemically or biologically treated (other than burned or incinerated) instead of or before being disposed of.
(2) A material is disposed of if it is discharged, deposited, injected, dumped, spilled, leaked, or placed into or on any land or water so that such material or any constituent thereof may enter the environment or be emitted into the air or discharged into groundwater or surface water.
(3) The following are not solid waste for the purpose of this definition:
(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 (A) any material that is introduced into such system in order to avoid the provisions of this chapter or the state regulations promulgated to regulate solid waste management facilities pursuant to part 360 of title 6 of the New York Code, Rules and Regulations or (B) food waste;
(iii) industrial wastewater discharges that are actual point source discharges subject to permits under article 17 of the New York state environmental conservation law; industrial wastewaters while they are being collected, stored or treated before discharge and sludges that are generated by industrial wastewater treatment are solid wastes;
(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 section 27-0901 of the New York state environmental conservation law; and
(viii) regulated medical waste or other medical waste as described in § 16-120.1 of the Administrative Code of the city of New York. Nothing in this provision shall omit the requirement to be licensed or registered pursuant to Title 16-A of the Administrative Code of the city of New York.
Source separation. "Source separation" means the separation of designated recyclable materials from each other or the separation of designated recyclable materials from solid waste at the point of generation.
Special Use Building. "Special Use Building" means any premise or structure during the period in which any such premise or structure is or shall be exempt from real estate taxation by the City of New York; excepting, however, any and all such premises or structures owned, possessed or occupied by the government of the United States and/or by interstate agencies, such as, and including, but not limited to, the Port Authority of New York and New Jersey.
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.
Yard waste. "Yard waste" means leaves, grass clippings, garden debris, and vegetative residue that is recognizable as part of a plant or vegetable, small or chipped branches, and similar material.
(Amended City Record 12/18/2015, eff. 1/17/2016; amended City Record 2/5/2016, eff. 3/6/2016; amended City Record 11/16/2021, eff. 12/16/2021*)
* Editor's note: For specific effective date provisions, see the editor's note at 16 RCNY Ch. 20.