Recycling Requirements for Licensees.
17 RCNY § 5-12
in effect§ 5-12 Recycling Requirements for Licensees.
(a) Designated recyclable materials. For purposes of this section, the term "designated recyclable materials" means materials that have been designated for recycling by the Department of Sanitation in 16 RCNY § 1-10(a).
(b) Licensees required to recycle. A licensee that collects or transports designated recyclable materials that have been source-separated as required in 16 RCNY § 1-10(b) or materials that have been commingled pursuant to 16 RCNY § 1-10(c) and paragraph (2) of subdivision (c) of this section shall transport such materials to putrescible or non-putrescible transfer stations or other facilities that accept such materials for recycling, reuse or sale for reuse. Such licensee shall not bring such materials for disposal, or cause such materials to be brought for disposal to any solid waste disposal facility, whether or not such disposal facility is operated by the Department of Sanitation, in an amount that should have been detected through reasonable inspection efforts by the licensee.
(c) Collection restrictions for designated recyclable materials.
(1) Waste that has been source-separated for recycling by the customer.
(i) A licensee collecting materials that have been source-separated by the customer may not commingle in the same vehicle compartment any of the following: (1) designated recyclable paper, (2) designated recyclable metal, glass, and plastic, (3) yard waste, (4) textiles, (5) construction and demolition debris, (6) organic waste, (7) any other materials that have special collection requirements pursuant to applicable local, state or federal law, or (8) other solid waste. Each of these terms is defined in 16 RCNY § 1-01.
(ii) Designated recyclable metal, glass and plastic may be commingled together, but may not be commingled in the same vehicle compartment with designated recyclable paper unless such materials are collected pursuant to single stream collection and recycling as allowed by paragraph (2) of subdivision (c) of this section.
(2) Commingling of certain designated recyclable materials. A licensee may collect waste consisting of designated metal, glass, and plastic commingled with designated recyclable paper if:
(i) it has furnished information to the Commission demonstrating its ability to use either (a) single stream collection and recycling, or (b) co-collection of recyclables; or
(ii) it will transport its own designated recyclable materials to a central holding location under its control from which such designated recyclable materials will be delivered by the licensee directly to a recycler or collected by a licensee that has furnished information to the Commission demonstrating its ability to use either single stream collection and recycling or co-collection of recyclables.
(3) Collection of organic waste that has been source-separated.
(i) Organic waste shall not be commingled with any trade waste or designated recyclable material. No trade waste or designated recyclable material shall be collected in the same truck compartment as organic waste.
(ii) A licensee that collects or transports organic waste that has been separated as required by the Department of Sanitation under 16 RCNY § 1-11(b)(1) shall transport such organic waste either:
A) directly to an organic waste processing facility for purposes of composting, aerobic digestion or anaerobic digestion; or
B) to a putrescible transfer station permitted or licensed by the State and the Department of Sanitation to handle source separated organic waste, and that has represented to the licensee that it will deliver such organic waste to an organic waste processing facility.
(iii) Except as otherwise provided under subparagraph (ii)(B) of this section, any licensee that delivers organic waste directly to an organic waste processing facility shall enter into a written agreement with such facility for the delivery of organic waste that identifies the name and contact information of the organic waste processing facility owner and its location. Such agreement shall be signed by both the licensee and the facility owner, and identify the quantity of estimated organic waste to be delivered on a monthly or quarterly basis. The licensee shall also furnish to the designated covered establishment, upon its request, a copy of such written agreement it has entered into with an organic waste processing facility for the delivery of the organic waste generated by such covered establishment. A copy of such written agreement shall also be provided to the Commissioner upon request.
(d) Contract and bill requirements.
(1) Contracts entered into with customers in accordance with 17 RCNY § 5-05 shall state the estimated volume or weight of designated recyclable materials to be collected and transported pursuant to subdivision (c) of this section.
(2) Contracts entered into with customers on or after July 19, 2016, shall specify that the licensee will not commingle source-separated organic waste with any trade waste or recyclable material, and such contracts may specify both the estimated volume or weight of organic waste collected and transported (that is separate from the estimated volume or weight of designated recyclable materials).
(3) The written bill, statement or invoice provided to customers pursuant to 17 RCNY § 5-05 shall include an itemized list of charges detailing the cost per cubic yard or per 100 pounds and the volume or weight of designated recyclable materials collected and transported pursuant to paragraphs (1) and (2) of subdivision (c) of this section; or the cost per cubic yard or per 100 pounds and the volume or weight of designated recyclable materials collected and transported pursuant to paragraphs (1) and (2) of subdivision (c) of this section; or the cost and volume or weight of organic materials transported pursuant to paragraph (3) of subdivision (c) of this section.
(e) Upon the final implementation date for a particular commercial waste zone, licensees who are designated carters will not be subject to the requirements of this section in such zone. Licensees who operate in any zones that have not been implemented will continue to be subject to the requirements of this section.
(Amended City Record 7/7/2016, eff. 8/6/2016; amended City Record 8/1/2024, eff. 8/31/2024)
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/0-0-0-33300Fetched: 10/24/2026