§ 1-02.4 Receptacle Requirements for Entities Receiving Curbside Collection from a Private Carter.
RCNY § 1-02.4
(a)Definitions. For purposes of this section, the term term “commercial establishment” means an entity that is required to provide for the removal of waste pursuant to the provisions of § 16-116 of the Administrative Code.
(b)The following must set out any putrescible solid waste, including refuse and organic waste, at the curb for private carter collection in rigid receptacles with tight-fitting lids, in accordance with 16 RCNY § 1-02.1(b), (d) and (e): 1. All commercial establishments that receive curbside collection of waste by a private carter.
2.Any other entity that receives curbside collection of waste by a private carter that is not defined in subdivision (a) of this section.
(c)The requirements of this section do not apply to recyclable materials other than organic waste.
(d)The requirements of this section do not apply to those entities that receive off-street collection, including collection from inside a loading dock, by a private carter.
(e)Notwithstanding the requirements of this section, those entities that receive private carter collection must comply with all laws, rules and regulations, including, but not limited to, the rules and regulations of the Department of Health and Mental Hygiene with respect to the management of waste.
(f)Notwithstanding the requirements of this section, any entity included in paragraph 2 of subdivision (b) of this section may request a temporary waiver from the Department from the requirements of this section if compliance would create a public safety hazard for pedestrians or if compliance with these requirements would pose an unreasonable hardship, provided that: 1. Entities must submit a waiver request using a form available on the Department’s website; 2. The Department will notify such entity within 60 days if such temporary waiver has been granted or denied; 3. Entities denied a temporary waiver have 30 days to submit an appeal in writing to the Commissioner. The Commissioner will issue a decision on such appeal in a reasonable time, and such decision will be deemed a final determination. Such entity will not be required to comply with the requirements of this section until a final determination is made by the Department; and 4. Such temporary waiver will only be in effect until the Department implements a containerization solution that can accommodate the volume of refuse that such entity regularly produces without creating a public safety hazard for pedestrians or an unreasonable hardship.
(g)No entity may utilize a bin from an authorized vendor as defined in subdivision (a) of 16 RCNY § 1-02.5 for collection by a private carter.
(h)Notwithstanding the requirements of this section, any entity that receives curbside collection of waste by a private carter and generates twenty gallons or less of waste over a period of seven consecutive days may share a container with another such entity that generates twenty gallons or less of waste over a period of seven consecutive days, provided that both entities are customers that have an agreement with the same private carter in accordance with 16 RCNY Chapter 20. (Added City Record 6/30/2023, eff. 7/30/2023; amended City Record 8/2/2023, eff. 9/1/2023; amended City Record 11/16/2023, eff. 3/1/2024; amended City Record 9/4/2024, eff. 10/4/2024; amended City Record 3/28/2025, eff. 4/27/2025)
