File #: Int 1206-2025    Version: * Name: Complaints and penalties applicable to rules requiring a pre-collection storage area and containers for source separated organic waste.
Type: Introduction Status: Committee
Committee: Committee on Governmental Operations, State & Federal Legislation
On agenda: 3/12/2025
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to complaints and penalties applicable to rules requiring a pre-collection storage area and containers for source separated organic waste
Sponsors: Gale A. Brewer, Shaun Abreu
Council Member Sponsors: 2
Summary: This bill would require the 311 customer service center to add a 311 service request category related to a residential building owner’s violation of the requirement to provide a pre-collection storage area and containers for source separated organic waste. The proposed legislation would also increase civil penalties applicable to such a violation committed by the owner of a residential building with 4 or more dwelling units.
Attachments: 1. Summary of Int. No. 1206, 2. Int. No. 1206, 3. March 12, 2025 - Stated Meeting Agenda

Int. No. 1206

 

By Council Members Brewer and Abreu

 

A Local Law to amend the administrative code of the city of New York, in relation to complaints and penalties applicable to rules requiring a pre-collection storage area and containers for source separated organic waste

 

Be it enacted by the Council as follows:

 

Section 1. Subdivision e of section 16-305 of the administrative code of the city of New York, as added by local law 34 for the year 2010, is amended by adding a new paragraph 3 to read as follows:

3. Any owner, net lessee or person in charge of such building who violates any rule promulgated by the department pursuant to paragraph 1 of this subdivision when in relation to source separated organic waste shall be liable for a civil penalty recoverable in a civil action brought in the name of the commissioner or in a proceeding returnable before the environmental control board of $50 for the first violation, $100 for the second violation committed within a 12-month period, and $200 for the third and each subsequent violation committed within a 12-month period.

§ 2. Subdivision f of section 16-305 of the administrative code of the city of New York, as amended by local law 34 for the year 2010, is amended by adding a new paragraph 4 to read as follows:

4. Any owner, net lessee or person in charge of such building who violates the rules promulgated by the department pursuant to paragraph 1 of this subdivision when in relation to source separated organic waste shall be liable for a civil penalty recoverable in a civil action brought in the name of the commissioner or in a proceeding returnable before the environmental control board of $200 for the first violation, $400 for the second violation committed within a 12-month period, and $800 for the third and each subsequent violation committed within a 12-month period.

§ 3. Subdivision g of section 16-308.1 of the administrative code of the city of New York, as added by local law 85 for the year 2023, is amended to read as follows:

g. Penalty. A residential building owner who violates this section or any rules promulgated thereto, shall be liable for a civil penalty recoverable in a civil action brought in the name of the commissioner or in a proceeding returnable before the environmental control board as set forth in subdivisions e or f of section 16-305 for a violation of any rule requiring a designated area and containers in which to store source separated organic waste or, for any other violation, section 16-324, except that prior to April 1, 2025, a residential building owner who violates this section shall be issued a written warning that a violation has been observed, provided that nothing in this subdivision shall preclude the department from enforcing any rules relating to yard waste separation promulgated pursuant to section 16-308 of this chapter.

§ 4. The opening paragraph of subdivision a of section 16-324 of the administrative code of the city of New York is amended to read as follows:

Subject to the provisions of subdivision b of this section, any person who violates this chapter, except section 16-306.1 of this chapter, subdivision g of section 16-308 of this chapter, subdivisions e or f of section 16-305 of this chapter when in relation to source separated organic waste, section 16-310.1 of this chapter or section 16-329 of this chapter, or any rule promulgated pursuant thereto, shall be liable for a civil penalty recoverable in a civil action brought in the name of the commissioner or in a proceeding returnable before the environmental control board, as follows:

§ 5. Chapter 3 of title 23 of the administrative code of the city of New York is amended by adding a new section 23-312 to read as follows:

                     § 23-312 Residential organics recycling complaints. The 311 customer service center shall implement and maintain the capability for the public to file complaints for violations that can be penalized under either paragraph 3 of subdivision e or paragraph 4 of subdivision f of section 16-305, including such capability on its website, mobile device platforms, and any other platform on which the center routinely utilizes to sort complaints.

§ 6. This local law takes effect 180 days after it becomes law.

 

MBB

LS 13224/17881/17890

02/07/25