§ 16-463 Receipt of recyclable material.
AC § 16-463
a.
1.Notwithstanding any other provision of law, the commissioners of sanitation and consumer and worker protection, and the chairperson of the business integrity commission, shall be authorized to adopt rules providing for the licensing or registration, supervision and inspection of the operation and activities relating to the purchase and sale, acceptance and storage of recyclable material, including but not limited to scrap metal facilities located within the city of New York. This paragraph shall not apply to a redemption center, dealer or distributor as defined in section 27-1003 of the environmental conservation law.
2.Any rules adopted pursuant to this subdivision shall provide that any person who removes refrigerant or contracts with a third party for the removal of refrigerant from refrigerant-containing items must submit proof that refrigerant removal was conducted in accordance with rules and guidelines established by the United States environmental protection agency. b. No person shall receive for storage, collection or processing recyclable material generated within the city of New York from any person other than (i) an authorized employee or agent of the department, (ii) an authorized employee of an entity licensed by or registered with the business integrity commission pursuant to subdivision a or b of section 16-505 of this code, (iii) a not-for-profit corporation, (iv) an owner, tenant or occupant of a building returning his or her own recyclable material generated solely by such owner, tenant or occupant and his or her household members, or (v) a person who has lawfully entered into a written agreement pursuant to subdivision a of section 16-461 of this chapter. There shall be a rebuttable presumption that all recyclable material received for storage, collection or processing was generated within the city of New York. This subdivision shall not apply to a redemption center, dealer or distributor as defined in section 27-1003 of the environmental conservation law, or to any person who, using a motor vehicle, collects recyclable containers in bulk and is required to be registered pursuant to local law. c. No person shall receive for storage, collection or processing any department-marked item from any person other than an authorized employee or agent of the department. A written agreement between the owner of a residential building or an authorized agent of such owner, and anyone delivering a department-marked item to such person shall not be a defense in any proceeding before the environmental control board or other court of appropriate jurisdiction to the improper receipt of such item. d. No person shall receive for storage, collection or processing any refrigerant-containing item that has not had such refrigerant lawfully removed by a person authorized to remove refrigerants, unless the person receiving the refrigerant-containing item either possesses refrigerant recovery equipment certified by the United States environmental protection agency, or has a valid agreement to remove such refrigerant with a person certified by the United States environmental protection agency to remove refrigerant, or is receiving such item for reuse for its original purpose. (Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/056 and L.L. 2020/080.
