Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC RCNY § 2-01?

Quick Answer

Each of the following words, terms, or phrases shall have for the purposes of these Rules and Regulations, the sense or meaning prescribed by its definition: Ashes. "Ashes" means cinders, coal and every other such substance which is left unconsumed by fire in stoves, furnaces, ranges, firepots, fireplaces, and other s

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 2-01 Definitions.

RCNY § 2-01

Each of the following words, terms, or phrases shall have for the purposes of these Rules and Regulations, the sense or meaning prescribed by its definition: 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. Brush. "Brush" means wood components of yard waste, including tree branches, prunings and other similar materials, which are greater than three quarters (3/4) of an inch in diameter. Burnable material. "Burnable material" means putrescible solid waste, non-putrescible solid waste and other combustibles excepting dangerous materials. Burnable rubbish. "Burnable rubbish" means non-putrescible solid waste that may be burned mixed with putrescible solid waste, without additional or supplementary fuel, at incinerator furnace temperatures ranging from 800°F. up including, but not limited to, paper, dry rags, cartons, boxes, small pieces of wood, excelsior in small quantities, broken furniture, bedding, small pieces of old leather, tree branches in short pieces, and yard trimmings. Commissioner. "Commissioner" means the Commissioner of the Department of Sanitation. Compost Facility. "Compost Facility" means a facility operated by the Commissioner and used for the aerobic and thermophilic decomposition of organic constituents of solid waste to produce a stable, humus-like material. Compostable Material. "Compostable material" means organic constituents of solid waste including, but not limited to, yard waste, that are capable of being processed aerobically and thermophilically to form a stable, humus-like material. Dangerous material. "Dangerous material" means: (1) Any substance, or compound, or mixture, or article having properties of such a character that alone, or in combination or contiguity with other substances or compounds; it may decompose suddenly and generate sufficient heat, or gas, or pressure to produce rapid flaming combustion, or administer a destructive blow to surrounding objects.

(2)Any chemical or any mechanical mixture containing any oxidizing and combustible units or other ingredients in such proportions, quantities or packing that an ignition by fire, friction, concussion, percussion or detonation of any part of the compound or mixture may cause sudden generation of highly heated gases that the resultant gaseous pressure is capable of producing destructive effects upon life, limb or contiguous objects.

(3)Including, but not limited to, (i) animal hides in quantities (ii) magnesium strips, foil, powder (iii) sulphur (iv) phosphorus (v) mercury (vi) unused flash bulbs (vii) any sealed object containing a gas or liquid and canned goods (viii) any container used for or containing: (A) benzene (B) cigarette lighter fluid (C) cleaning fluid (D) alcohol (E) acetone (F) ether (G) oil (H) any other inflammable substance (ix) celluloid (x) calcium carbide (xi) sawdust (xii) any finely divided or powdered materials (xiii) any other chemicals (xiv) cellulose nitrate (xv) buffing from resin compounds (xvi) fine wool in quantities (xvii) boxes, barrels or baskets with steel hoops or bindings. Department. "Department" means Department of Sanitation or its agents or designees. Incinerator. "Incinerator" means plant owned by the City of New York and operated by the Commissioner to incinerate burnable material. Location. "Location" means in the generic sense, any location operated by the Commissioner for the disposal, composting or incineration of material, or for an intervening stage or step to final disposal; and, as the context indicates, an incinerator, or a marine transfer station, or a truck landfill, or a marine unloading plant, or a composting facility. Marine transfer station. "Marine transfer station" means a waterfront location operated by the Commissioner to load materials into barges for marine transportation to another point for final disposal. Marine unloading plant. "Marine unloading plant" means a waterfront location where material is unloaded from barges and used to reclaim adjacent low lying swampy land by filling and operated by the Commissioner. Material. "Material" means in the generic sense, any of the materials defined in these Rules, i.e. ashes or garbage or burnable or dangerous materials or yard waste; and, as the context indicates, a particular defined material. 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. Permittee or licensee. "Permittee or licensee" means a person licensed or permitted by the New York City Department of Consumer Affairs pursuant to Subchapter 18 of Chapter 2 of Title 20 of the Administrative Code of the City of New York to collect or dispose of commercial non-putrescible and putrescible solid waste. Person. "Person" means any individual, partnership, corporation, association, firm, organization, or any other group of individuals, or any officer or employee or agent thereof. Putrescible Solid Waste. "Putrescible Solid Waste" means solid waste containing organic matter having the tendency to decompose with the formation of malodorous by-products. Solid Waste. "Solid Waste" means all putrescible and non-putrescible materials or substances, except as described in paragraph (2) of this subsection, that are discarded or rejected, including but not limited to garbage, refuse, waste collected by any person required to be licensed or permitted pursuant to Subchapter 18 of Chapter 2 of Title 20 of the Administrative Code of the City of New York, rubbish, tires, ashes, contained gaseous material, incinerator residue, construction and demolition debris, discarded automobiles and offal. Such term shall include recyclable materials, as defined in subdivision i of § 16-303 of Chapter 1 of Title 16.

(1)A material is discarded or rejected if it is: (A) spent, useless, or worthless or in excess to the owners at the time of such discard or rejection; (B) disposed of; (C) burned or incinerated, including material burned as a fuel for the purpose of recovering useable energy; or (D) accumulated, stored, or physically, chemically or biologically treated (other than burned or incinerated) instead of or before being disposed of.

Common Questions

Our team

Meet the people you will work with

Free case review

Talk to an attorney before you act on NYC code.

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters