§ 5-12 Recycling Requirements for Licensees.
RCNY § 5-12
(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.
(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.
(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)
