§ 16-120.2 Refuse compacting systems; multiple dwellings after May twentieth, nineteen hundred sixty-eight.
AC § 16-120.2
(a)Definitions. When used in this section: "Refuse compacting system" means any machine or system of machines capable of reducing refuse by means other than burning so that such refuse is reduced by a volume to be determined by the commissioner and is suitable for collection by the department.
(b)All multiple dwellings erected after May twentieth, nineteen hundred sixty-eight that are four or more stories in height and occupied by twelve or more dwelling units, or that are "class B" multiple dwellings as defined by the multiple dwelling law shall be provided with a refuse compacting system constructed in conformity with all applicable laws and rules.
(c)On and after the effective date of the local law that added this section, any refuse compacting system that is required to be installed in a multiple dwelling pursuant to subdivision a of this section shall be utilized to compact all refuse that is not required to be source separated for other purposes pursuant to any provision of this title or any rules promulgated by the department in such multiple dwelling before such refuse is placed outside for collection by the department. Such refuse compacting system shall be maintained in good working condition and operated in accordance with the rules of the department and in conformity with all other applicable laws and rules.
(d)Any person who violates the requirements of this section shall be liable for a civil penalty of two hundred fifty dollars for the first offense, five hundred dollars for the second offense committed within any twelve-month period and one thousand dollars for the third and any subsequent offense committed within any twelve-month period. For purposes of this section, the second and any subsequent violation shall only occur after notice of the first violation has been properly served and an opportunity to cure such violation has been provided to the violator, provided that such opportunity to cure shall not exceed thirty days. Such penalties may be recovered in a civil action brought in the name of the commissioner or in a proceeding before the environmental control board. (L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
