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What is NYC AC § 16-498.2?

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This section outlines the conditions under which the commissioner may allocate reductions in permitted capacity for solid waste transfer stations. It specifies exemptions for facilities exporting waste by rail and allows for reserved capacity for organic waste recycling. Applies to owners of solid waste transfer stations in designated community districts.

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§ 16-498.2 Allocating reductions of permitted capacity.

AC § 16-498.2

a. The commissioner shall not impose the reductions to permitted capacity required by section 16-498.1 on any putrescible or non-putrescible solid waste transfer station that exports by rail all or the majority of the waste accepted at any such transfer station and which does not use a public street to transport such waste between such transfer station and the rail facility. b. The commissioner shall determine the average daily amount of solid waste transported by barge for the three years preceding October 1, 2019, or the operational date, whichever is later, by each putrescible solid waste transfer station within a designated community district. In calculating any required reduction in permitted capacity for a putrescible solid waste transfer station pursuant to section 16-498.1, the commissioner shall not include, in any amount required to be reduced, such average daily amount of waste transported by barge, provided that: 1. On or before April 1, 2019, the owner of such transfer station submits an application to the commissioner to modify its permit to restrict the use of its permitted capacity, or a portion thereof, exclusively to putrescible solid waste that is transported out of the city from such transfer station by barge, and that application is approved by the commissioner; and 2. By October 1, 2019, or the relevant operational date, whichever is later, any such transfer station restricts the use of its permitted capacity, or such portion thereof, exclusively to putrescible solid waste that is transported from such transfer station by barge. c. A putrescible solid waste transfer station may reserve up to 20 percent of its permitted capacity exclusively for source separated organic waste to be recycled. Such reserved amount shall not be included in the transfer station's permitted capacity when the commissioner calculates any required reduction in permitted capacity for such putrescible solid waste transfer station pursuant to section 16-498.1, provided that: 1. On or before April 1, 2019, the owner of such transfer station submits an application to the commissioner to modify its permit to restrict the use of its permitted capacity, or a portion thereof, exclusively to source separated organic waste, and that application is approved by the commissioner; and 2. By October 1, 2019, or the relevant operational date, whichever is later, any such transfer station restricts the use of its permitted capacity, or such portion reserved for source separated organic waste, exclusively to source separated organic waste. d. The commissioner shall determine the average daily amount of metal, glass, plastic, paper and corrugated cardboard recycled for the three years preceding October 1, 2019, or the operational date, whichever is later, by each transfer station within a designated community district. In calculating any required reduction in permitted capacity pursuant to section 16-498.1, the commissioner shall not include, in any amount required to be reduced, the lesser of (i) such average daily amount of recycled metal, glass, plastic, paper and corrugated cardboard or (ii) 20 percent of the transfer station's permitted capacity. e. The commissioner shall determine the average daily amount of construction and demolition debris recycled for the three years preceding October 1, 2019, or the operational date, whichever is later, by each non-putrescible solid waste transfer station within a designated community district. In calculating any required reduction in permitted capacity pursuant to section 16-498.1, the commissioner shall not include, in any amount required to be reduced, 50 percent of such average daily amount of construction and demolition debris. f. After a reduction in permitted capacity required by section 16-498.1 in a designated community district, each non-putrescible solid waste transfer station within such community district shall have a total quarterly capacity equal to the permitted capacity allocated to such transfer station multiplied by 78. The amount of non-putrescible waste that may be delivered to a non-putrescible transfer station on any single day may not exceed such transfer station's daily permitted capacity prior to the reductions required by this section. (L.L. 2018/152, 8/16/2018, eff. 8/16/2018)

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