§ 1-10 Recycling of Private Carter-collected Waste.
RCNY § 1-10
(a)Designated recyclable materials.
(1)Pursuant to § 16-306 of the Administrative Code of the city of New York, the following materials are designated as recyclable materials for purposes of this section: (i) metal cans, metal items, aluminum foil, aluminum foil products, metal components of bulk waste, bulk metal, containers made of glass, beverage cartons, rigid plastics and bulk plastic (collectively referred to as designated recyclable metal, glass and plastic); (ii) high grade office paper, newspaper, magazines, catalogs, phone books, mixed paper and corrugated cardboard (collectively referred to as designated recyclable paper); (iii) textiles generated by establishments whose solid waste during any monthly period is comprised of at least 10% textiles; (iv) yard waste generated by establishments whose solid waste during any monthly period is comprised of at least 10% yard waste; (v) construction and demolition waste generated by entities that exclusively engage in an activity that generates construction waste during the ordinary course of business, except that such construction waste shall exclude plaster, wall coverings, drywall, roofing shingles and glass window panes; and (vi) organic waste, if designated as a recyclable material pursuant to § 16-306.1 of the Administrative Code of the City of New York; (2) Notwithstanding paragraph (1) of this subdivision, if there exists any amount of paint, solvents, or hazardous substances contained in a designated recyclable container, such container must not be deemed a designated recyclable material. Instead, such containers must be disposed of in accordance with applicable local, state or federal law.
(b)General source separation, set-out and collection requirements for private carter-collected waste.
(2)Designated recyclable metal, glass and plastic, which may be commingled together, must not be placed in the same bags with designated recyclable paper. The provisions of this paragraph will not apply if such materials are collected pursuant to single stream collection and recycling as allowed by paragraph (3) of subdivision (c) of this section.
(3)Any materials that have special collection requirements pursuant to applicable local, state or federal law must be disposed of accordingly, and must not be commingled with solid waste, designated recyclable materials or organic waste.
(c)Commingling of solid waste with designated recyclable materials.
(d)Generator requirements.
(e)Implementation and notice requirements.
(ii)Notify his or her tenants, occupants, and/or employees, at least annually, in writing, of applicable source separation requirements, including what materials are required to be source separated and how to source separate such materials. A copy of such notification shall be made available to the Department upon request, provided that any penalty imposed for a violation of this subparagraph shall be reduced to zero dollars if, on or before the initial return date stated on the notice of violation, the owner, lessee or person-in-charge of the premises submits proof of having cured such violation.
(iii)Post and maintain one or more signs in maintenance areas where refuse and recycling are collected and/or stored, which describe what materials are required to be source separated and collection procedures for such materials; and (iv) Post and maintain one or more such signs in public areas where designated recyclable materials that are required to be source separated are routinely generated, provide containers for, or otherwise provide for the separate collection of, such materials.
(4)Containers for the collection of designated recyclable materials to be used by customers, clients, or others lawfully on the premises must be labeled to indicate what materials may be properly placed therein.
(5)Nothing in this subdivision will preclude a tenant or occupant from instituting his or her own source separation program in accordance with the provisions of subdivision (c) or (d) of this section.
(f)Responsibilities of operators of non-putrescible and putrescible solid waste transfer stations. Operators of non-putrescible and putrescible solid waste transfer stations must: (1) remove any translucent plastic bags containing source separated designated recyclable metal, glass and plastic that are intended for recycling, reuse, or sale for reuse, or transfer to a recycling processing facility; and (2) maintain any separated designated recyclable paper materials apart from all other solid waste and other designated recyclable materials before their transfer to another location.
(g)Enforcement and compliance.
(h)Severability. The provisions of these Rules shall be severable and if any word, phrase, clause, sentence, paragraph, subsection or section of these Rules, or the applicability thereof to any person or circumstance, shall be held invalid, the remainder of these Rules and the application thereof shall not be affected thereby. (Amended City Record 2/5/2016, eff. 8/1/2016; amended City Record 11/16/2021, eff. 12/16/2021*; amended City Record 5/21/2024, eff. 6/20/2024) * Editor's note: For specific effective date provisions, see the editor's note at 16 RCNY Ch. 20.
