§ 16-461 Unlawful removal or sale of material.
AC § 16-461
a. Recyclable material.
1.Except for an authorized employee or agent of the department, it shall be unlawful for any person to remove and transport by motor vehicle any recyclable material that has been placed by any owner, tenant or occupant of any residential building, building occupied by city agencies or institutions, or vacant lot, or by their agent, within the stoop area, adjacent to the curb line or otherwise adjacent to such building or lot for collection or removal by the department. The owner of any motor vehicle used in violation of this subdivision shall also be liable for any such violation. This paragraph shall not prohibit any person from lawfully entering into a written agreement with the owner of a building, or his or her agent, pursuant to subdivision a of this section.
2.i. The owner or agent of any building containing four or more residential units or any building that is occupied by a city agency or institution receiving department collection, may not enter into an agreement for the supplemental collection of recyclable material for purposes of transport, handling or management with any person other than the department unless (A) regularly scheduled department collection of recyclable material from such building is insufficient to meet the needs of such building, (B) such owner or agent has requested supplemental collection of recyclable material from the department and the department has denied the request, and (C) such supplemental collection by a person other than the department does not take place on the same day as regularly scheduled department collection of recyclable material for such building, in which case such owner or agent may enter into an agreement for the supplemental collection of recyclable material with a person other than the department. The department shall respond to requests for supplemental collection of recyclable material within thirty days of the receipt of such request. If the department does not respond within such period, the department shall be deemed to have denied the request for supplemental collection. The requirements of this paragraph shall not apply to recyclable material that is not designated recyclable by the department pursuant to subdivision b of section 16-305 of this title. In no event may such agreement for the supplemental collection of recyclable material provide for the removal of department-marked items. ii. Nothing in this section shall be construed to allow the owner or agent of any building containing four or more units or any building that is occupied by a city agency or institution receiving department collection to enter into an agreement for recycling collection on the same day as regularly scheduled department collection of recyclable material for any such building. iii. Any agreement lawfully entered into for the supplemental collection of recyclable material pursuant to this paragraph shall be written; signed and dated by the owner or agent and by or on behalf of the person responsible for the supplemental collection of recyclable material; notarized; filed with the commissioner within five business days of being signed; and shall include the address of the building receiving supplemental collection; the names, telephone numbers and taxpayer identification numbers, including individual or employer taxpayer identification numbers, but not social security numbers, of the person responsible for the collection of such material; the names, titles and telephone numbers of all signatories to such agreement; the terms relating to price and the days and times of collection, if any; the duration of such agreement; the estimated quantity of recyclable material to be collected on a weekly basis; and any other information required by the commissioner by rule. iv. Any agreement lawfully entered into for the supplemental collection of recyclable material pursuant to this paragraph shall not exceed two years in duration. v. Valid proof of any agreement lawfully entered into for the supplemental collection of recyclable material pursuant to this paragraph must be in the possession of the motor vehicle operator at the time such recyclable material is collected. Valid proof shall mean a copy of such agreement or a copy of the notarized signatory page of such agreement, together with a letter from the department acknowledging the filing of such agreement with the commissioner. Such proof shall not be required where the person responsible for the supplemental collection of recyclable material is licensed pursuant to subdivision a of section 16-505 of this code.
3.On or before February first and August first of every year, every person engaged in the lawful collection of recyclable material pursuant to a written agreement in accordance with paragraph two of this subdivision shall submit to the commissioner a report identifying the weight of each type of recyclable material collected by such person during the periods of July first to December thirty-first and January first to June thirtieth, respectively. It shall be unlawful for any person to fail to submit a report in accordance with this paragraph or to submit a report containing false or misleading information.
4.i. The owner or agent of any residential building containing one, two or three residential units may enter into an agreement with any person for the collection of recyclable material from such building. ii. Any such agreement shall be written; signed and dated by such owner and by or on behalf of the person responsible for the collection of recyclable material from such building; and shall include the address of such building and the names and telephone numbers of the parties to such agreement and shall be in the possession of such person at the time such recyclable material is removed. No such agreement may provide for the collection of department-marked items. b. Refrigerant-containing and department-marked items.
