 |
 |
| 
To reduce the overall amount of waste discarded, the State and the City of New York established policies to promote waste prevention, recycling, and composting. The entries below and their accompanying links provide information on the statutory requirements affecting New York City residents, businesses, and government agencies in the areas of waste prevention, recycling, solid and hazardous waste management, and the environmentally preferable purchasing of goods and services. Local RESIDENTIAL AND COMMERCIAL REQUIREMENTS
Chapter 3 of Local Law 19, originally enacted in 1989, is also known as the New York City Recycling Law. The law establishes the “policy of the city to promote the recovery of materials from the New York City solid waste stream for the purpose of recycling such materials and returning them to the economy.” Subchapter 2 describes the Citywide Recycling Program and Subchapter 5 addresses the City Purchase of Recycled Products. The text of Local Law 19 included here reflects the Law in force at the end of 2001. ALSO SEE recycling in NYC. See current Residential Recycling Rules, effective April 2004. The NYC Department of Sanitation's Digest of Codes summarizes sanitation and recycling regulations and violation codes affecting residences and businesses. ALSO SEE what and how to recycle in NYC. INCREASED PENALTIES FOR UNAUTHORIZED COLLECTION OF RECYCLABLE MATERIALS In October 2007, Mayor Michael R. Bloomberg signed a bill (Introductory Number 582-A) that increased the penalties for those who use a vehicle to unlawfully remove or transport recyclables intended for pickup by the Department of Sanitation or a licensed hauler. The legislation increases the penalties from $100 to $2,000 for a first-time offender and $5,000 for repeat offenders. It also authorizes the DSNY to impound vehicles used in violating the law and arrest individuals caught unlawfully removing recyclables, as well as those who receive stolen recyclables. Reporting requirements: According to the law, those who receive Sanitation collection for refuse but use a private carter for their recyclables must file notarized copies of their signed service agreements with the Commissioner of the Department of Sanitation (DSNY). The documentation must include taxpayer identification information, the agreed price terms, estimated quantity of recyclable materials to be removed, the agreed removal days and times, the duration of the agreement and additional information. Then, on or before February 1st and August 1st of every year, every person engaged in the removal of recyclable materials pursuant to the written agreements described above will be required to report to the Commissioner of Sanitation the weight of each type of recyclable material removed during the periods of July 1st to December 31st and January 1st to June 30th, respectively. The law further states that it will be unlawful to submit a report containing false or deceptive information. Fines range from $100 to $5,000 per offense. TEMPORARY SUSPENSION OF DESIGNATED RECYCLABLES: JULY 2002–MARCH 2004 Due to budgetary constraints resulting from the September 11, 2001 tragedy, the Mayor of New York and the NYC Council agreed to temporarily suspend the recycling of designated materials through March 2004. Local Law 11 of 2002 amends the Administrative Code of the City of New York to temporarily suspend the recycling of glass, plastic, and beverage cartons starting July 1, 2002. Local Law 50 of 2003 reinstates the recycling of designated plastic containers and beverage cartons as of July 1, 2003, and temporarily implements alternate-week recycling collection. The law calls for the return of glass recycling and weekly recycling collection starting April 1, 2004.
Businesses and buildings that contract directly with a private carter or recycler are mandated to recycle under NYC’s Local Law 87 enacted in 1992. See NYC's Commercial Recycling Regulations. For a summary of commercial recycling regulations, download a copy of Recycling: It’s Not a Choice, It’s the Law — A Handbook for NYC Businesses. To order hard copies, use the literature/decal request form on the Sanitation website or call 311. ALSO SEE recycling in the private sector. The NYC Department of Sanitation's Digest of Codes summarizes sanitation and recycling regulations and violation codes affecting businesses and residences. Int 0105-2006, Local Law Number 2007/031, “Regulating publicly accessible collection bins,” applies to any outdoor container (other than those placed by a government entity) that enables the public to deposit items for donation, such as clothing. The law requires each bin to display the name, address, and telephone number of the bin’s provider. It also states that these bins can’t be placed on city property, sidewalks, or roadways. If placed on private property, the bin’s owner must have written permission from the property owner. If a publicly accessible collection bin is suspected of being in violation, the Department of Sanitation (DSNY) will attempt to notify the owner by certified mail. The notice will state that the bin must be removed within 30 days. Regardless of whether the owner’s address is ascertainable, DSNY is required to post a notice on the bin that states that it must be removed within 30 days. Failure to remove the bin within the designated time period will result in the removal and disposal of the bin by DSNY. If the owners of these bins object, they must do so in writing within 20 days. The bin owner must provide proof that the bin is on private property, which may include a survey prepared by a licensed surveyor. FRESH KILLS LANDFILL CLOSURE In 1996, Mayor Rudolph Giuliani and Governor George Pataki signed an agreement to close the Fresh Kills Landfill by December 31, 2001. The New York City Department of Sanitation Report for February 2000 describes the landfill closure plan. The New York State Department of Environmental Conservation oversees landfill closures within the State on a regional basis. For info on active landfills in New York State, see Municipal Solid Waste Landfills on the DEC website. NYC YARD WASTE COMPOSTING LAW: LOCAL LAW 40 (2006) Local Law 40 of 2006 outlines the legal yard waste set-out requirements for NYC residents, as well as how yard waste generated by landscapers is supposed to be handled. The flyer, NYC Yard Waste Removal Regulations, summarizes these requirements, in addition to other NYC yard waste removal regulations. PESTICIDE NOTIFICATION LAW: LOCAL LAW 36 (2005) Effective January 2006, Local Law 36 of 2005 requires sellers of pesticides to follow certain notification procedures. These procedures were enacted to opt into the New York State's Neighbor Notification Law (go to Pesticides page on NYS DEC's website for more info). All retailers that sell pesticides must post warning signs stating that it is important to follow the labeled directions on pesticides, follow the notification procedures required by law, and notify neighbors prior to application. All commercial applications of pesticides require that all neighbors and abutters within 150 feet be notified in writing 48 hours prior to application of pesticides. This notice must contain the name, address, and registration number of the person applying the pesticides as well as the date of application, the names of the pesticides used, and any warnings that appear on the labels of the pesticides. Residential applications require application markers be placed surrounding the perimeter of the application location the day of application and for 24 hours following. ALSO SEE: pesticides NYC AGENCY PROCUREMENT AND OPERATIONAL GUIDELINES
PROCUREMENT OF ENVIRONMENTALLY PREFERABLE PRODUCTS: LOCAL LAWS 118-121 & 123 (2005) In December of 2005 the New York City Council passed a series of local laws, effective January 2007, regarding the establishment of a Director of Environmental Purchasing position (Local Law 118), the purchase and use of environmentally preferable products, specifically within the categories of recycled content (Local Law 121), energy and water efficiency (Local Law 119), hazardous materials (Local Law 120), and green cleaning products (Local Law 123). Purchasing standards are published in Chapter 11 of Title 43 of the Rules of the City of New York. Visit the Mayor's Office of Contract Services environmentally preferable purchasing page for NYC's minimum standards for both goods and construction. NYC ENVIRONMENTAL PURCHASING LAW: LOCAL LAW 118 (2005) Local Law 118 of 2005 creates a citywide Director of Environmental Purchasing who maintains the standards for environmental purchasing. The director is housed within the Mayor's Office of Contract Services. ENERGY EFFICIENT PRODUCT PURCHASING LAW: LOCAL LAW 119 (2005) Local Law 119 of 2005 expands upon previous energy efficiency laws to require many City-owned energy using products to comply with both ENERGY STAR requirements as well as Federal Energy Management Program water and energy efficiency standards. Computers with energy-efficient power supplies and energy-efficient light bulbs must be purchased. In addition, the energy savings features on computers, printers, fax machines and copiers must be activated. Visit the Mayor's Office of Contract Services environmentally preferable purchasing page for NYC's minimum standards. ALSO SEE energy efficiency LAW FOR THE REDUCTION OF HAZARDOUS SUBSTANCES: LOCAL LAW 120 (2005) Local Law 120 of 2005 sets standards on the maximum chemical emissions of carpeting products, paints and other building and furnishing products. It also requires that fluorescent light bulbs be purchased with the lowest amount of mercury available provided that they fit into the energy efficiency requirements of Local Law 119 of 2005. In addition electronic goods with certain hazardous products and heavy metals are prohibited from purchase. Rules have also been developed regarding the purchase of products whose combustion creates dioxin and alternative de-icing products. Finally the City must create a plan for the reuse or recycling of its electronics goods. Visit the Mayor's Office of Contract Services environmentally preferable purchasing page for NYC's minimum standards. ALSO SEE reducing toxics Currently, the Department of Sanitation cannot collect certain electronics or light bulbs from any City Agency. See below for more information on City Agency disposal of electronics. RECYCLED CONTENT PURCHASING LAW: LOCAL LAW 121 (2005) Local Law 121 of 2005 requires the City to purchase a wide range of goods that meet minimum recycled content standards set by the Federal Comprehensive Procurement Guideline. Paper must be bought with the highest recycled content available up to a premium in price of 5-7%. All documents and reports prepared for City Agencies must be both double-sided and on recycled paper. Pre-printed paper must indicate its recycled content. Finally, copiers and printers must be capable of double-siding and must be set to do so by default. Visit the Mayor's Office of Contract Services Environmentally Preferable Purchasing page for NYC's minimum standards. ALSO SEE green purchasing GREEN OUR CLEANING ACT: LOCAL LAW 123 (2005) Local Law 123 of 2005 creates a pilot program to asses the feasibility of using green cleaning products in City Agencies. Go to resources in waste less at agencies for more information about green cleaning products. NYC schools are not covered under the Green Our Cleaning Act, but are covered under the state Environmentally Sensitive Cleaning at Public Schools legislation. ALSO SEE reducing workplace toxics The 1996 Mayoral Directive on Waste Prevention and Efficient Materials Management Policies (96-2) requires NYC Agencies to implement specific waste prevention measures to increase efficiency and reduce costs for City Agency operations, while decreasing the quantity of solid waste disposed of by those Agencies. See overview for a brief presentation of the Mayoral Directive. Many of the policies from this directive have been incorporated into the Environmentally Preferable Product Laws of 2005. GREEN BUILDING LAW: LOCAL LAW 86 (2005) Effective January 2007, Local Law 86 of 2005 requires most City construction and renovation projects to meet certain standards for green building. Projects that cost over $2,000,000 must achieve a LEED Silver or higher rating. Projects of higher value are subject to more stringent regulations. Title 43 of the Rules of the City of New York includes specific standards to help agencies comply with the Law. The NYC Office of Environmental Coordination is responsible for the implementation of the law. The NYC Department of Design and Construction developed tools to assist agencies and consultants in complying with the local law. ALSO SEE green building. For info on goods and construction products not covered under this law, go to procurement of environmentally preferable products. PESTICIDE USAGE LAW: LOCAL LAW 37 (2005) Local Law 37 of 2005 limits the application of pesticides on any property leased or owned by the City. Effective June 2006, no pesticides shall be used that are classified as a Category I Toxic by the EPA or classified anywhere between possible carcinogen and known carcinogen by the EPA. Effective January 2007, any pesticide assessed as a developmental toxin by the California Office of Environmental Health Hazard Assessment shall not be used by a City Agency. ALSO SEE: pesticides
The Electronic Equipment Recycling and Reuse Act (Local Law 13 of 2008) was signed by the mayor on April 1, 2008. The legislation will require any electronics manufacturer that sells products in NYC to accept their products for recycling at no cost to the consumer. Visit NYC Electronic Equipment Recycling and Reuse Act: Manufacturer Requirements for more info on how manufacturers must comply with the law. The products covered include, computers (desktop and laptop), computer monitors, printers, keyboards, mice, TVs, and portable digital music players. Beginning July 1, 2009:
Starting July 1, 2010, the disposal of covered electronic devices within New York City will be banned. ALSO SEE Electronics recycling, NYC Electronic Equipment Recycling and Reuse Act: Info for Consumers and NYC Electronic Equipment Recycling and Reuse Act: Manufacturer Requirements. NYC PLASTIC CARRYOUT BAG RECYCLING LAW: LOCAL LAW 1 (2008) Effective July 23, 2008, The New York City Plastic Carryout Bag Recycling Law (Local Law 1 of 2008) requires any retail or wholesale establishment that sells products and provides plastic carryout bags, and either has over 5,000 square feet of retail space or 5 or more stores located in the City to establish an in-store recycling program. Stores are required to have a collection bin in a visible location that collects all types of plastic film, including shopping bags, dry cleaning bags, and newspaper bags. Retailers must also stock reusable bags for consumers to purchase. Plastic bags in those stores are required to say “PLEASE RETURN THIS BAG TO A PARTICIPATING STORE FOR RECYCLING.” To allow stores to exhaust their inventory of plastic bags without that message, this provision is effective January 23, 2009. The law requires stores to arrange for the recycling of the plastic bags and maintain records and report how much plastic is recycled. If requested, plastic bag manufacturers must arrange for this collection. Plastic bag manufacturers whose bags are used in NYC stores are required to develop educational materials to encourage the reduction, reuse and recycling of those bags and provide those materials to stores for distribution. Fines for violations range from $500 to $2,000. PLEASE NOTE: The New York State Legislature recently passed the Plastic Bag Reduction, Reuse, and Recycling Act (Assembly Bill A11725/ Senate Bill 8643-A). If the Governor signs this state legislation, which would require larger retail and chain stores to accept clean plastic bags for recycling starting January 2009, it would nullify the New York City law. NYC RECHARGEABLE BATTERY LAW: LOCAL LAW 97 (2005) Effective December 1, 2006, the New York City Rechargeable Battery Law (Local law 97 of 2005) bans the disposal of rechargeable batteries in the regular trash (or in residential recycling containers) within New York City. All NYC stores that sell rechargeable batteries or products containing rechargeable batteries (with the exception of small food stores) must accept up to ten batteries of the same shape and size as they sell. Manufacturers are required to pay for the cost of collection and disposal of rechargeable batteries. This law is written to work in conjunction with the Rechargeable Battery Recycling Corporation (RBRC), an organization created by rechargeable battery manufacturers to collect rechargeable batteries for recycling at no additional cost to retailers or consumers. ALSO SEE NYC Rechargeable Battery Law: Info for Consumers and NYC Rechargeable Battery Law: Retailer Requirements. Go to DSNY for more information on the services, programs, and policies of the NYC Department of Sanitation. The New York City Council site lets you view all Local Laws passed by the City Council between 1990 and the present, as well as all Bills introduced before the City Council between 1995 and the present.
ENVIRONMENTAL CONSERVATION LAW The New York State Department of Environmental Conservation (NYSDEC) is responsible for the administration and enforcement of New York State’s Environmental Conservation Law. Subchapter B of Chapter IV-Quality Services addresses Solid Waste issues. This section includes the following topics:
ALSO SEE: Bottle Bill for more on where to return deposit containers, tires in tips for your home for tire management, motor oil in tips for your home for motor oil management, and auto batteries in tips for your home for auto battery management. ELECTRONICS RECYCLING REGULATIONS If not donating or selling unwanted electronics equipment for reuse, the New York State Department of Environmental Conservation requires all businesses and institutions to dispose of used electronics through dismantlers and recyclers. To dispose of used computer equipment, New York City agencies can utilize a citywide computer removal contract established by the Department of Citywide Administrative Services. For more info, see FAQ. ALSO SEE Local Law 13 for more on manufacturers responsibility and Electronics recycling for more on recycling and donating electronics. Effective March 16, 2003, New York State Law requires that all dentists recycle mercury and mercury amalgam waste generated in their practices. The law also requires that dentists use encapsulated mercury and prohibits, in the practice of dentistry, the use or possession of elemental mercury not in capsules. Effective May 12, 2006, dental facilities are required to install amalgam separators that remove waste amalgam from the dental facilities' wastewater. For more go to Managing Dental Mercury on NYS DEC website. MERCURY-ADDED CONSUMER PRODUCTS In July 2004, a new state law was signed that bans the sale of mercury-added novelty products and mercury-fever thermometers in New York State and requires new labeling and proper disposal or recycling of mercury-added consumer products. The new law also prohibits primary and secondary schools from purchasing or using mercury. For more info, go to Managing Mercury-Added Consumer Products in New York State on the NYS DEC website. SHARPS COLLECTION FROM PRIVATE RESIDENCES The New York State Public Health Law requires hospitals and nursing homes to accept sharps, including syringes and lancets from residents provided the materials are brought in a puncture proof container. The Expanded Syringe Access Program created a guide for the safe disposal of household sharps, which includes a directory of community sharps collection sites. The NY Department of Health also created guidelines for pharmacies to accept sharps. ALSO SEE: Household Medical Wastes for more on packaging home sharps safely. FLUORESCENT LAMP MANAGEMENT REGULATIONS As of May 2006, New York State Department of Environmental Conservation allows generators to choose whether to manage mercury-containing lamps as hazardous waste or universal waste (see Use of Enforcement Discretion). While handlers of universal wastes meet less stringent standards for storing, transporting, and collecting wastes, they must comply with full hazardous waste requirements for final recycling, treatment, or disposal. NEW YORK STATE WIRELESS RECYCLING ACT Effective January 1, 2007, The New York State Wireless Recycling Act (Chapter 730 of the laws of 2006) requires all wireless telephone service providers that sell cell phones in the State of New York to accept cell phones for reuse or recycling. These businesses must accept up to 10 cell phones from any person or provide a method for shipping the phones for recycling at no cost. ALSO SEE resources in waste less at home. NEW YORK STATE LAWN LITTER LAW The Lawn Litter Law (Section 397-A of the New York State General Business Law) allows property owners to post a sign stating that they don't want to receive hand-delivered advertising circulars and solicitations, and creates fines for violators starting at $250. See the DSNY Citizen Complaint for Lawn Litter Violators page for more information, including sign specifications, a sample sign and complaint forms for One, Two or Three Unit Properties and Multiple Dwellings. To read the law, click here and enter bill number A6247-A. NEW YORK STATE PLASTIC BAG REDUCTION, REUSE, AND RECYCLING ACT (2008) The New York State Legislature recently passed the Plastic Bag Reduction, Reuse, and Recycling Act (Assembly Bill A11725/ Senate Bill 8643-A). If the Governor signs this state legislation it would be effective January 2009, and would nullify the New York City Plastic Carryout Bag Recycling Law. The New York State Plastic Bag Reduction, Reuse, and Recycling Act requires any retail establishment that sells products and provides plastic carryout bags, and either has over 10,000 square feet of retail space or 5 or more stores located in the State with over 5,000 square feet of retail space to establish an in-store recycling program. Plastic bags in those stores are required to say "PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING." Retailers must also stock reusable bags for consumers to purchase. ALSO SEE NYC Plastic Carryout Bag Recycling Law: Retailer Requirements. Federal Universal wastes include such items as hazardous batteries, hazardous mercury-containing thermostats, certain pesticides, and hazardous lamps. To streamline environmental regulations for wastes that are generated by large numbers of sources in relatively small quantities, the U.S. Environmental Protection Agency (USEPA) issued the Universal Waste Rule in 1995 (note: when you link to this page, you need to scroll down to see an explanation of the Universal Waste Rule). The intent of the Universal Waste Rule is to:
USEPA COMPREHENSIVE PROCUREMENT GUIDELINES Through the USEPA Comprehensive Procurement Guidelines (CPG), EPA designates recycled-content items for procurement by government agencies. The requirement to purchase recycled-content products is established in the Resource Conservation and Recovery Act (RCRA) and applies to federal, state, and local government agencies, and their contractors who use appropriated federal funds. If a City Agency spends more than $10,000 per year on an EPA-designated product, and any of those funds are appropriated federal funds, the Agency must purchase the recycled-content item.
The Federal Acquisition Regulations System outlines the acquisition procedures for all executive agencies. Subpart 23.7: Contracting for Environmentally Preferable Products and Services calls for federal agencies to implement cost-effective contracting preference programs that promote energy-efficiency, water conservation, and the acquisition of environmentally preferable products and services. Executive Order 13101: Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition Regulations encourages the head of each executive Agency to incorporate waste prevention and recycling into the Agency’s daily operations, and expand markets for recovered materials through greater federal government preference and demand for such products.
|  |
Laws and Directives
|
|
|
|