Section of the Law: HMC § 27-2022

 

2006 New York Code - Frequency Of Collection Of Waste Matter From Dwelling Units In Multiple Dwellings.

   § 27-2022 Frequency of collection of waste matter from dwelling units in multiple dwellings. a. The owner of a multiple dwelling shall not  allow the accumulation except in a lawful receptacle of ashes or any  type of waste matter in any part of the premises.

b. In multiple dwellings where the owner provides dumbwaiter service, all waste matter shall be collected at least once daily and deposited in separate receptacles.

c. In multiple dwellings where no dumbwaiter service is provided, the owner shall provide between the hours of seven a.m. and ten a.m. or between five p.m. and eight p.m. daily:

   (1) a sufficient number of receptacles but in no event less than two  within the dwelling or other area approved by the department which are  accessible to the tenants. Such receptacles shall be removed promptly  upon the expiration of the selected time period and taken to their place of storage; or

   (2) a pick-up service at each dwelling unit to collect ashes and  wastes for deposit in the receptacles referred to in section 27-2021 of  this article. The owner shall post and maintain a notice in a conspicuous place in  the dwelling informing the tenants of the hour and method of collection.A new notice shall be posted and maintained within forty-eight hours  preceding any change in such hour or method.

d. The tenant of a multiple dwelling shall dispose of waste matter in  accordance with the method provided by the owner under subdivision b or  c of this section. The tenant shall not accumulate any waste matter in  his or her dwelling unit so as to create a condition which is unsanitary or a fire hazard in the judgment of the department.    e. Subdivisions b, c and d of this section shall not apply to any  multiple dwelling where regular incinerator services or other means of  disposal approved by the department are provided. The tenant in such a  dwelling shall dispose of waste matter in an incinerator or by such  other approved means of disposal and shall not permit wastes to  accumulate so as to create a condition which is unsanitary or a fire hazard in the judgment of the department.

 

   Read THE DSNY summary rules and regulations 

 

 

Residential Building Garbage collection rules  (4 or More Residential Units)- ( 16 RCNY §1-08(f)(2))

Recyclable Material Storage Area

Residential building owners or managers must have one or more recycling area(s) for the storage of designated recyclables prior to collection.

Unless recyclables are collected directly from individual dwelling units (by building staff), storage areas must be reasonably accessible to residents;

Recycling areas must be within the building, unless no reasonably accessible area is available, in which case the recycling area can be in an accessible area behind the property line;

Recycling areas must be maintained and designated recyclable materials must be stored so as not to create a nuisance or sanitary problem;

A sufficient number of recycling receptacles must be provided in each recycling storage area to prevent spillage or improper disposal;

Only clear plastic recycling bags (no colored bags) may be used to line recycling receptacles, or receptacles may also be unlined.

The recycling receptacles must be clearly labeled to indicate what recyclable materials may be placed inside. DSNY provides labels for this purpose.

NOTE: It is preferred that recycling areas be located as close to trash areas as possible to enhance the convenience of recycling and reduce contamination.

Related Law: 16 RCNY §1-08(f)(2)

Fine (Residential—1 to 8 residential dwelling units): $25 (1st Offense); $50 (2nd Offense); $100 (3rd Offense)

Fine (Residential—9 or more residential dwelling units): $100 (1st Offense); $200 (2nd Offense); $400 (3rd Offense)

 

Recycling Education

Residential building owners or managers must notify residents of their recycling requirements:

At least one (minimum 8.5”x11”) sign must be posted with the following information:

• what materials are required to be separated for recycling, including which are the appropriate containers;
• where the recycling area is located;
• requirement to rinse recyclables;

• any additional disposal instructions for the specific building, such as the requirement to bundle cardboard or other materials. Other instructions could include but are not limited to, locations for the placement of bulky recyclables.

Requirements for posting of this sign depend on each building’s requirements as follows:

• if the recycling area is inside, the sign must be posted in said area;
• if the recycling area is outside, the sign may be posted in the recycling area, near the building entrance, in the mailbox area, or in any other public and routinely visited area;
• if recyclables are collected at the back of each residential unit, sign must be posted at each area;
• if recyclables are collected at the front of each residential unit, signs must be prominently posted on each floor.

Note: It is preferred that buildings post these signs in as many locations as possible to ensure tenant understanding.

Any trash area, which is not also a recycling area must include a sign to notify residents where to bring recyclables.

DSNY has created signage which can be used for this purpose.

Related Law: 16 RCNY §1-08(f)(1)

Fine (Residential—1 to 8 residential dwelling units): $25 (1st Offense); $50 (2nd Offense); $100 (3rd Offense)

Fine (Residential—9 or more residential dwelling units): $100 (1st Offense); $200 (2nd Offense); $400 (3rd Offense)

 

§ 1-08 Residential Collection Service of Designated Recyclable Materials.

   (a)    Designated recyclable materials. Pursuant to § 16-305 of the New York City Administrative Code the following materials are designated as recyclable materials for purposes of this section: metal cans, metal items, aluminum foil, aluminum foil products, containers made of glass, beverage cartons, and rigid plastics (collectively referred to as designated recyclable metal, glass and plastic); newspaper, magazines, catalogs, phone books, mixed paper and corrugated cardboard (collectively referred to as designated recyclable paper); and yard waste. This subdivision notwithstanding, designated recyclable paper and designated recyclable metal, glass and plastic items that are substantially soiled with food, paint or some other contaminating material shall not be considered a designated recyclable material.

   (b)   Implementation. The requirement that a specific designated recyclable material be source separated shall be scheduled and implemented by the Department on a citywide basis.

   (c)   All designated recyclable materials shall be prepared and placed out for collection in the manner prescribed in this section on the collection day(s) that the Commissioner, in his/her discretion, designates for recycling in each recycling district.

   (d)   Determination of mechanized collection service. The Commissioner, after consultation with the owner, net lessee or person-in-charge of a residential building, may require that designated recyclable materials be collected from such building through mechanized collection service. Factors to be considered in imposing such a requirement include, but are not limited to:

      (1)   availability of space within the building or behind the property line for the storage of containers for mechanized collection;

      (2)   feasibility of Department access to such containers; and

      (3)   whether the quantity of designated recyclable materials generated is sufficient to warrant mechanized collection, as determined by the Commissioner. Every building shall receive curbside collection service for designated recyclable materials unless a determination pursuant to this subdivision has been made to collect such materials via mechanized collection service and such service has commenced.

   (e)   Recycling containers.

      (1)   Rigid containers for curbside recycling collection service:

         (i)   Rigid containers for designated recyclable paper: Designated recyclable paper may be placed out for curbside collection in rigid containers provided such containers are: (A) a minimum of 18 and a maximum of 32 gallons in capacity; (B) covered by a lid; (C) in compliance with subparagraph (2)(iv) of this subdivision; and (D) clearly labeled at least two times with the words "Recycling: Mixed Paper", or some variation thereof, in letters no less than four inches in height. Alternatively, Department Mixed Paper Recycling Program Decals may be used to label containers. Labels shall appear twice on the container, on opposite sides. The Department recommends that rigid containers for curbside recycling collection of designated recyclable paper be green in color, however, such containers are not required to be green.

         (ii)   Rigid containers for designated recyclable metal, glass and plastic: Designated recyclable metal, glass and plastic may be placed out for curbside collection in rigid containers provided such containers are: (A) a minimum of 18 and a maximum of 32 gallons in capacity; (B) covered by a lid; (C) in compliance with subparagraph (2)(iii) of this subdivision; and (D) clearly labeled at least two times with the words "Recycling: Metal, Glass and Plastic", or some variation thereof, in letters no less than four inches in height. Alternatively, Department Metal, Glass and Plastic Recycling Program Decals may be used to label containers. Labels shall appear twice on the container, on opposite sides. The Department recommends that rigid containers for curbside recycling collection of designated recyclable metal, glass and plastic be blue in color, however, such containers are not required to be blue.

      (2)   Plastic bags for curbside collection service:

         (i)   Plastic bags for designated recyclable paper: Designated recyclable paper consisting of mixed paper may be placed out for curbside collection in plastic bags, provided such bags are: (A) a minimum of 13 and a maximum of 55 gallons in capacity; (B) clear and not colored; (C) constructed of low density polyethylene or linear low density polyethylene; and (D) comply with subparagraph (2)(iii) of this subdivision. All other recyclable paper shall be placed out for curbside collection as specified in subparagraph (h)(2)(i) of this section.

         (ii)   Plastic bags for designated recyclable metal, glass and plastic: Designated recyclable metal, glass and plastic may be placed out for curbside collection in plastic bags, provided such bags are: (A) a minimum of 13 and a maximum of 55 gallons in capacity; (B) clear and not colored; (C) constructed of low density polyethylene or linear low density polyethylene; and (D) comply with subparagraph (2)(iv) of this subdivision.

         (iii)   Rigid recycling containers and clear plastic recycling bags for designated recyclable paper and designated recyclable metal, glass and plastic, shall be manufactured by a manufacturer that, on an annual basis, uses at least 25% post-consumer material overall in its production of such rigid containers or bags. For the purposes of this subparagraph, "post-consumer material" shall have the same meaning as defined in subdivision (g) of § 16-303 of the Administrative Code. Any written statement from the manufacturer of rigid containers or plastic bags that it has complied with the post-consumer content requirements for such containers or bags shall relieve the user of such containers or bags from liability for deviation from post-consumer content requirements.

      (3)   Containers for mechanized collection service of designated recyclable paper: Containers for mechanized collection shall be capable of being serviced by Department collection vehicles. Containers used for mechanized collection of designated recyclable paper shall be white in color. Containers shall be clearly labeled to indicate designated recyclable paper may be properly placed therein. In conjunction with its determination to provide mechanized collection service under subdivision (d) of this section, the Department may supply additional specifications for containers for mechanized collection service, and shall provide information as to where containers that comply with Department specifications may be purchased.

   (f)   Responsibilities and pre-collection recycling procedures for owners, net lessees or persons-in-charge of residential buildings containing four or more dwelling units – curbside or mechanized collection service.

      (1)   Notice/Resident Education. The owner, net lessee, or person-in-charge of a residential building containing four or more dwelling units shall be responsible for notifying the residents of such building of the requirements of the New York City Recycling Law (New York City Administrative Code, §§ 16-301 et seq.) by, at a minimum, posting and maintaining one or more signs in the storage area(s) required by paragraph (2) of this subdivision, and in other areas as required by this paragraph. Posted signs shall set forth what materials are required to be source separated, the location of the building's designated recycling area where source separated recyclables will be stored, and how to dispose of such materials in that building, including the rinsing requirement as set forth in paragraph (g)(3) of this section. In buildings receiving curbside collection service in which residents are required to tie newspapers, magazines, catalogs, phone books or corrugated cardboard into bundles as set forth in subparagraph (h)(2)(i) of this section, such requirement shall be included on the posted sign. Posted signs shall be at least 81/2 by 11 inches in size and shall use lettering of a conspicuous size. The owner or person-in-charge of such residential building shall also be responsible for making available to each resident at the inception of a lease a department-issued guide to recycling. Such recycling guide may be obtained from the department in print form or downloaded from the department's website. In the event that the area designated for the collection and storage of designated recyclable materials is other than the regular solid waste collection area, the owner, net lessee or person-in-charge of the building shall post a sign in the regular solid waste collection area informing residents of where to bring such materials. In buildings in which the designated area for collection of recyclables is outside of the building, in lieu of posting a sign in such outside storage area, the owner, net lessee or person-in-charge of the building may post a sign or signs containing information required by this subdivision near the entrance to, or resident mailbox area(s) for, such building, or in some other public area in the building routinely visited by all building residents. In buildings in which designated recyclable materials are collected at the back entrance of individual dwelling units or at locations other than the designated storage area, the owner, net lessee or person-in-charge shall post a sign containing the information required by this subdivision at each such location. In buildings in which designated recyclable materials are collected at the front entrance of individual dwelling units, the owner, net lessee or person-in-charge shall conspicuously post on each floor a sign containing the information required by this subdivision.

      (2)   Proper storage. The owner, net lessee, or person-in-charge of a residential building containing four or more dwelling units shall, in accordance with all applicable laws, codes and rules and regulations:

         (i)   designate a storage area or areas in the building that is reasonably accessible to building residents for the pre-collection storage of designated recyclable materials. If reasonably accessible storage space is not available in the building, and such space is available behind the building's property line, such space behind the property line may be designated for the pre-collection storage of designated recyclable materials;

         (ii)   maintain the storage area(s) and store designated recyclable materials so as not to create a nuisance or sanitary problem; and

         (iii)   provide a sufficient number of recycling containers in each storage area so as to prevent spillover from containers and to avoid the improper disposal of designated recyclable materials. Such recycling containers shall be clearly labeled with letters of a conspicuous size to indicate what designated recyclable materials may be properly placed therein, but are not required to comply with subdivision (e) of this section provided such containers are not placed at the curbside for collection. Storage areas need not be accessible to building residents in buildings in which designated recyclable materials are collected at individual dwelling units or at accessible locations other than the designated storage area.

   (g)   Responsibilities and pre-collection recycling procedures for owners, residents, net lessees and persons-in-charge of residential buildings, mixed-use buildings, and residential buildings receiving partial private carter collection service – Curbside or mechanized collection service: Owners, residents, net lessees and persons-in-charge of residential buildings, mixed-use buildings, and residential buildings receiving partial private carter collection service shall:

      (1)   separate from other materials designated recyclable materials that are required to be recycled and shall place such separated materials in the appropriate containers or as otherwise directed by the owner, net lessee or person-in-charge of such building in accordance with subdivision (f) of this section;

      (2)   place only designated recyclable materials in recycling containers; and

      (3)   rinse and/or clean food and/or residue from metal cans, glass containers, beverage cartons, rigid plastics, and aluminum foil and aluminum foil products prior to the placement of such materials in the appropriate containers. In addition, in buildings receiving curbside collection service for designated recyclable paper, owners, residents, net lessees and persons-in-charge shall tie newspapers, magazines, catalogs, phone books and corrugated cardboard into bundles not exceeding eighteen inches in height, when notified of such requirement as set forth in paragraph (f)(1) of this section.

   (h)   Collection procedures for designated recyclable and other materials. The owner, resident, net lessee, or person-in-charge of a residential building shall be responsible for the following. The responsibilities set forth in this subdivision shall also apply to residents of buildings containing three dwelling units or less in which as a matter of regular practice the resident is responsible for bringing his/her solid waste to curbside for collection:

      (1)   Designated recyclable metal, glass and plastic:

         (i)   Curbside collection service. Designated recyclable metal, glass and plastic (other than bulk metal or bulk plastic) that is collected for recycling via curbside recycling collection service shall be placed at curbside in containers or plastic bags complying with subparagraphs (e)(1)(ii) or (e)(2)(ii) of this section on the day(s) specified for recycling collection by the Commissioner. Bulk metal and bulk plastic shall be placed next to such containers on such days.

         (ii)   Mechanized collection service. Owners, net lessees or persons-in-charge shall call their district garage to make arrangements for recycling collection of bulk metal and bulk plastic.

      (2)   Designated recyclable paper:

         (i)   Curbside collection service. Newspaper, magazines, catalogs, phone books and corrugated cardboard that are collected via curbside collection service shall be placed out for collection in securely tied bundles. Bundles shall not exceed eighteen inches in height. Mixed paper required to be recycled shall be placed out for curbside collection in rigid containers or plastic bags complying with subparagraphs (e)(1)(i) or (e)(2)(i) of this section. Other designated recyclable paper (i.e., newspapers, magazines, phone books, and corrugated cardboard) shall be placed out for curbside collection in such rigid containers or plastic bags or in securely tied bundles, which shall not exceed eighteen inches in height. Corrugated cardboard shall be broken into small pieces (no larger than 9 inches by 11 inches) before being placed into rigid containers or plastic bags.

         (ii)   Mechanized collection service. Designated recyclable paper that is collected via mechanized collection service shall be placed in containers complying with paragraph (e)(3) of this section. Corrugated cardboard shall be collapsed and placed into containers in a manner which will enable such material to fall freely from containers during collection. On the day of collection, containers shall be placed in an area determined by the Commissioner to be accessible to Department vehicles.

      (3)   Yard waste material. For the purposes of this subparagraph, "yard waste" shall be as defined in § 16-303 of the Administrative Code. Yard waste material, which the Department collects under its seasonal collection programs through curbside collection service in districts designated by the Commissioner to receive such service, shall be placed out for curbside collection on the day(s) specified for yard waste collection by the Commissioner in either of the following:

         (i)   biodegradable, two-ply wet strength stock (fifty pounds each ply) leak-proof paper bags. Such bags shall not exceed 16 inches in length by 12 inches in width by 35 inches in height, and shall have a minimum capacity of 30 gallons and a maximum capacity of 55 gallons. Any written statement from the manufacturer of paper bags that it has complied with the biodegradability requirements for such bags shall relieve the user of such bags from liability for deviation from the biodegradability requirements; or

         (ii)   rigid containers, provided that such containers are unlined, and are a minimum of 20 and a maximum of 32 gallons in capacity.

      (4)   Materials that are not required to be source separated for recycling shall be removed from both curbside and mechanized collection recycling containers and bags prior to recycling collection day.

      (5)   Designated recyclable materials. Designated recyclable materials that have been source separated as required by subdivision (g) of this section shall not be placed out for collection in the same container as solid waste or organic waste.

      (6)   The owner of any residential building or mixed use building who has arranged for private carter removal service of all or some recyclables generated at such building pursuant to section 16-118(7)(b) of the administrative code of the city of New York, and seeks to reinstate department collection service for such recyclables at the building, must notify the department's Collection Office in writing requesting the restoration of department recycling collection service to the building not less than sixty days prior to the discontinuation of the building's private carter removal service for such recyclables.

   (i)   Compliance: Residential buildings of four or more dwelling units:

      (1)   Where the Commissioner, in his/her discretion, determines that the amount of designated recyclable materials placed out for collection by a residential building containing four or more dwelling units remains significantly less than what can reasonably be expected, the owner, net lessee, person-in-charge or residents of such building shall be required to use clear bags, or such other means of disposal as the Commissioner deems appropriate, for purposes of monitoring compliance with the New York City Recycling Law (New York City Administrative Code, §§ 16-301 et seq.) to dispose of solid waste other than designated recyclable materials.

      (2)   Where the Commissioner determines that the owner, net lessee, or person-in-charge of the building has complied with obligations set forth in subdivision (f) of this section and the amount of designated recyclable material placed out for collection remains significantly less than what can reasonably be expected from such building, then, upon request of the owner, net lessee, or person-in-charge, the Commissioner shall, in consultation with the owner, net lessee or person-in-charge, develop a schedule to conduct random inspections in the building to facilitate compliance with this section by residents of such building. Such random inspections shall occur at a reasonable time and may include, but are not limited to, inspections of the solid waste placed out for collection in transparent bags set forth in paragraph (1) of this subdivision. Nothing herein shall limit the Commissioner's authority pursuant to § 16-305(g) of the New York City Administrative Code to conduct lawful random inspections at reasonable times without notice to ensure compliance by the owner, net lessee, person-in-charge or resident of such building.

   (j)   Enforcement: Any owner, net lessee, person-in-charge or resident who violates any provision of this section shall be liable for civil penalties as set forth in § 16-324 of the New York City Administrative Code.

(Amended City Record 2/5/2016, eff. 8/1/2016)

 

 

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