File #: Int 1123-2024    Version: Name: Stationary on-street containers for the storage and collection of residential refuse.
Type: Introduction Status: Laid Over in Committee
Committee: Committee on Sanitation and Solid Waste Management
On agenda: 11/21/2024
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to stationary on-street containers for the storage and collection of residential refuse
Sponsors: Crystal Hudson, Shaun Abreu, Keith Powers , Julie Menin, Lincoln Restler, Farah N. Louis, Julie Won, Mercedes Narcisse, Erik D. Bottcher, Susan Zhuang, Chris Banks, Rita C. Joseph, Oswald Feliz, Jennifer Gutiérrez, Justin L. Brannan, Alexa Avilés
Council Member Sponsors: 16
Summary: This bill would provide authorizations for, and place restrictions on, any Department of Sanitation (DSNY) program requiring residential buildings to place refuse in stationary, on-street containers (SOSCs). Specifically, DSNY would only be permitted to require buildings with 10 or more units to use SOSCs, although smaller buildings could be required to share SOSCs. Any building with 10 or more units that uses an SOSC would be required to provide its employees with relevant training and personal protective equipment. The bill would authorize DSNY to impose an annual fee of up to $55 per unit on buildings with 10 or more units that use SOSCs, although this fee would need to be waived for certain affordable housing developments, and the bill would prohibit unpaid fees from becoming a lien or accruing interest. Violations of the program rules would be enforceable via civil penalties.
Indexes: Agency Rule-making Required
Attachments: 1. Summary of Int. No. 1123-A, 2. Summary of Int. No. 1123, 3. Int. No. 1123, 4. Committee Report 11/20/24, 5. Hearing Testimony 11/20/24, 6. Hearing Transcript 11/20/24, 7. November 21, 2024 - Stated Meeting Agenda, 8. Hearing Transcript - Stated Meeting 11-21-24, 9. Minutes of the Stated Meeting - November 21, 2024, 10. Proposed Int. No. 1123-A - 10/24/25
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
11/21/2024*Crystal Hudson City Council Referred to Comm by Council  Action details Meeting details Not available
11/21/2024*Crystal Hudson City Council Introduced by Council  Action details Meeting details Not available
11/20/2024*Crystal Hudson Committee on Contracts P-C Item Laid Over by Comm  Action details Meeting details Not available
11/20/2024*Crystal Hudson Committee on Contracts Hearing on P-C Item by Comm  Action details Meeting details Not available
11/20/2024*Crystal Hudson Committee on Sanitation and Solid Waste Management P-C Item Laid Over by Comm  Action details Meeting details Not available
11/20/2024*Crystal Hudson Committee on Sanitation and Solid Waste Management Hearing on P-C Item by Comm  Action details Meeting details Not available

Proposed Int. No. 1123-A

 

By Council Members Hudson, Abreu, Powers, Menin, Restler, Louis, Won, Narcisse, Bottcher, Zhuang, Banks, Joseph, Feliz, Gutiérrez, Brannan and Avilés

 

A Local Law to amend the administrative code of the city of New York, in relation to stationary on-street containers for the storage and collection of residential refuse

 

Be it enacted by the Council as follows:

 

Section 1. Chapter 1 of title 16 of the administrative code of the city of New York is amended by adding a new section 16-114.2 to read as follows:

§ 16-114.2 Stationary on-street containers. a. Definitions. As used in this section, the following terms have the following meanings:

Exempt building. The term “exempt building” means: (i) any building owned by a limited-profit housing company organized pursuant to article 2 of the private housing finance law; (ii) any building owned by a housing development fund company organized pursuant to article 11 of the private housing finance law; (iii) any building in which 50 percent or more of dwelling units are required by law or by an agreement with a governmental entity to be regulated in accordance with the emergency tenant protection act of 1974, the rent stabilization law of 1969, or the local emergency housing rent control act of 1962; (iv) any building in which all dwelling units are required pursuant to a federal, state, or local law, rule, or program to be affordable for an extremely low income household as defined in section 26-2101, a very low income household as defined in section 26-2101, a low income household as defined in 26-2101, a moderate income household as defined in section 26-2101, or a middle income household as defined in section 26-2101 and that operates pursuant to an agreement administered by a governmental entity; and (v) any other building or class of buildings that the department determines by rule is qualified for a waiver from any annual fee established by department rules adopted pursuant to paragraph 5 of subdivision c of this section.

Large residential building. The term “large residential building” means a residential building containing no less than 31 dwelling units, other than such a building for which the department collects refuse from a loading dock or other location other than a street or curb.

Medium residential building. The term “medium residential building” means a residential building containing no less than 10 and no more than 30 dwelling units, other than such a building for which the department collects refuse from a loading dock or other location other than a street or curb.

Organic waste. The term “organic waste” has the same meaning as set forth in section 16-303.

Residential building. The term “residential building” means a building containing not less than 1 dwelling unit that receives collection and disposal service from the department.

Residential refuse. The term “residential refuse” means any solid waste or organic waste generated by a residential building.

Solid waste. The term “solid waste” has the same meaning as set forth in section 16-303. 

Stationary on-street container. The term “stationary on-street container” means a container for the storage and collection of residential refuse that the department places or installs in the public right of way.

b. The department shall not require any residential building to set out residential refuse in a stationary on-street container, except pursuant to rules that meet the  requirements of subdivision c of this section.

c. The department may adopt rules requiring a residential building to set out all residential refuse, or certain forms of residential refuse, in a stationary on-street container, provided that such rules:

1. Shall not require any residential building other than a medium residential building or a large residential building to set out residential refuse in a stationary on-street container, except where 2 or more residential buildings set out residential refuse in the same such container and such residential building is not a building for which the department collects refuse from a loading dock or other location other than a street or curb;

2. Shall require any large residential building or medium residential building that sets out residential refuse in a stationary on-street container to distribute to the employees of such building training materials provided by the department about how to set out such refuse in such container, and to provide any such employees who are responsible for setting out such refuse in such containers any personal protective equipment reasonably necessary for such purpose, as determined by the department by rule;

3. May designate any area of the city in which such rules shall be in effect, provided that such rules shall set forth the date on which a residential building located within any such area shall begin setting out residential refuse in stationary on-street containers; 

4. Shall establish civil penalties for violations of such rules not to exceed $100 for a first violation, $200 for a second violation committed within a 12-month period, and $300 for a third or subsequent violation committed within a 12-month period, provided that any such penalty may be recovered in a civil action brought in the name of the commissioner or in a proceeding before the environmental control board; and

5. Notwithstanding any provision of any other section of this chapter to the contrary, may establish an annual fee of no more than $55 per dwelling unit, to be paid by the owner of any large residential building or medium residential building to which the department has provided a stationary on-street container, only for costs related to the acquisition, shipping, assembly, installation, repair, cleaning, and maintenance of such stationary on-street container, provided that:

(a) Any such fee shall be waived for an exempt building;

(b) The department of finance shall send, in the same manner by which such department sends to owners of real property a statement of account pursuant to section 11-129, a notice of such fee that sets forth the amount due and states that any such fee shall be due and payable on the date provided on such notice;

(c) Such fee shall not at any time accrue interest thereon;

(d) Such fee shall not at any time constitute, be converted into, or otherwise result in a lien on a residential building or the tax lot of such residential building; and

(e) The department shall establish a process for a property owner to challenge the imposition or the amount of such fee or any determination that a residential building is not an exempt building, and a process for the department to notify the department of finance regarding the outcome of any such challenge.

d. Where the department adopts rules as described in subdivision c of this section, the department shall enter into a memorandum of understanding with the department of transportation which shall govern the placement or installation of any stationary on-street container placed or installed in the public right of way pursuant to such rules.

e. Except as authorized by paragraph 5 of subdivision c of this section, no fee shall be imposed on a residential building for costs related to a stationary on-street container.

f. Where the department adopts rules requiring a residential building to set out organic waste in a stationary on-street container in accordance with this section, such rules shall take effect no earlier than the date that any rules requiring a residential building to set out other residential refuse in a stationary on-street container, adopted by the department pursuant to subdivision c of this section, take effect.

§ 2. Paragraph 1 of subdivision a of section 16-120 of the administrative code of the city of New York, as amended by local law number 111 for the year 2022, is amended to read as follows:

1. The owner, lessee, agent, occupant or other person who manages or controls a building or dwelling shall provide and maintain in accordance with this section separate receptacles for the deposit of incinerator residue and ashes; refuse, and liquid waste; provided, however, that an owner, lessee, agent, occupant or other person who manages or controls a residential building that sets out residential refuse in a stationary on-street container pursuant to rules promulgated pursuant to section 16-114.2 of this chapter shall provide and maintain such separate receptacles in accordance with such rules and, where any such rule is inconsistent with subdivision a, b, c or d of this section, comply with such rule. The receptacles shall be provided for the exclusive use of each building or dwelling and shall be of sufficient size and number to contain the wastes accumulated in such building or dwelling during a period of 72 hours. The receptacles shall be made of metal or other material of a grade and type acceptable to the department, the department of health and mental hygiene and the department of housing preservation and development. Receptacles used for liquid waste shall be constructed so as to hold their contents without leakage. Metal containers shall be provided with tight fitting metal covers.

§ 3. This local law takes effect immediately.

 

MBB
LS# 6223/14657/17517

10/21/2025, 11:30 pm