Int. No. 230
By The Speaker (Council Member Vallone) and Council Members O'Donovan, Michels, Duane, Henry, Perkins, Reed and the Public Advocate (Mr. Green); also Council Members Carrion, Fisher, Harrison, Leffler, Miller, Pinkett, Povman, Robinson and Sabini.
A Local Law to amend the administrative code of the city of New York, in relation to the closure of the Fresh Kills landfill, limitations on disposal of solid waste at the landfill and requirements for specific levels of waste reduction and recycling
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 16-134 to read as follows:
§16-134. Cessation of operation of the Fresh Kills landfill. The department shall cease disposal of solid waste, as such term is defined in subdivision n of section 16-303 of this title, at the Fresh Kills landfill after the first day of January, two thousand and two and shall develop the following alternative methods of managing solid waste:
a. Waste Prevention:
1. By the thirtieth day of June, nineteen hundred ninety-nine, the department and the department of citywide administrative services shall implement waste prevention programs for all residences, city agencies and institutions receiving department collection service that, in the aggregate, prevent the generation of no less than an average of eleven hundred tons per day of solid waste. Beginning on the first day of July, nineteen hundred ninety-eight, and every six months thereafter, the department shall submit to the council a report documenting the amount of waste prevention accomplished by such waste prevention programs as have been implemented.
2. Waste prevention programs, shall include, but not be limited to:
(i) citywide waste prevention requirements for city agencies and institutions as embodied in a local law, mayoral executive order and any amendments thereto;
(ii) revisions by the department of citywide administrative services, in consultation with the department, of city specifications for the procurement of goods and products by or on behalf of a city agency to incorporate waste prevention requirements. The term "waste prevention requirements" shall include, but not limited to increased purchases of durable goods, purchases of reusable goods in place of disposable goods and purchases of non-toxic products and less toxic products as substitutes for more toxic products;
(iii) revisions by the mayor's office of contracts, in consultation with the department of citywide administrative services and the department, of city specifications for the procurement of services by or on behalf of a city agency to incorporate waste prevention measures by the provider of such services;
(iv) the establishment of quantity-based user fees for any city agency receiving department collection service where the commissioner determines that the imposition of such fees is necessary to establish or increase waste prevention and recycling.
b. Recycling:
1. The department shall collect from residences citywide the following materials that have been designated as recyclable materials pursuant to section 16-305 of this title and market such materials for recycling:
(i) newspapers, magazines and catalogs;
(ii) telephone books;
(iii) corrugated cardboard;
(iv) containers made of glass;
(v) metal cans;
(vi) plastic bottles and jugs;
(vii) aluminum foil and aluminum foil products;
(viii) mixed paper, including, but not limited to junk mail; non-corrugated cardboard, such as cereal boxes, shoe boxes and cardboard tubes from paper towels; envelopes; paper bags; paper or cardboard cartons, such as egg cartons and produce trays; soft-cover books; white and colored paper; manila folders;
(ix) beverage cartons; and
(x) metal items that are more than fifty-percent metal, including, but not limited to, large metal appliances, such as stoves, ovens and dishwashers; small metal appliances, such as toasters and irons; metal utensils; pots and pans; wire hangers; metal cabinets; metal pencil sharpeners or staplers; metal furniture; window screens; metal lighting fixtures; metal boxes; nut and bolts; lawn mowers; bicycles; and metal toys;
2. By the thirtieth day of June nineteen hundred ninety-eight, the department of citywide administrative services, in consultation with the department, shall revise city specifications for the procurement by or on behalf of a city agency so as to require that purchases of products, materials and equipment conform to whichever of the following standards requires the highest amount of post-consumer recycled content:
(i) the United States environmental protection agency minimum content standards for recycled materials content promulgated pursuant to 42 U.S.C. 6901, et seq.;
(ii) the minimum content standards promulgated pursuant to subdivision two of section 27-0717 of the environmental conservation law;
(iii) minimum content standards that may be established by local law; or
(iv) minimum content standards developed by the department of citywide administrative services.
c. Limitation on Disposal of Waste at the Fresh Kills Landfill.
1. Notwithstanding the provisions of any other law or rule, the department shall not accept for disposal at the Fresh Kills landfill during any calendar year solid waste, as such term is defined in subdivision n of section 16-303 of this title, that in the aggregate exceeds the maximum average daily amount for that calendar year as set forth in this subdivision:
Calendar year Maximum average daily
amount
1998 10,900 tons per day
1999 8,500 tons per day
2000 6,500 tons per day
2001 4,000 tons per day
2002 and thereafter 0 tons per day
2. For the purposes of this paragraph (i) "day" shall mean each working day in a three hundred sixty-five day calendar year; and (ii) "maximum average daily amount" shall mean the total amount of solid waste, as such term is defined in subdivision n of section 16-303 of this title, disposed of at the Fresh Kills landfill during any calendar year divided by the number of days in that calendar year.
d. By the thirtieth day of June, nineteen hundred ninety-nine, the department shall cease disposal at the Fresh Kills landfill of solid waste collected by private carters, as that term is defined in subdivision h of section 16-303 of this title.
e. No solid waste shall be disposed of at any landfill within the city of New York that was not accepting solid waste for disposal on the eighteenth day of March, nineteen hundred ninety-eight.
§2. This local law shall take effect immediately.
hl:ts
wp60\intros\fkpfv
3/16/98
10:50 a.m.