DSNY: Sanitation Amendment Introduced for Large Residential Buildings

The New York City Department of Sanitation (“DSNY”) proposed to amend its existing sanitation rules to include an enclosed “Waste Containerization System” that would support a garbage truck entering a building to pick up waste. The amendment will limit large piles of garbage bags that are placed curbside on narrow sidewalks, accessible to rodents and other pests. This amendment comes during a time when health and wellness consciousness is at an all time high.

The proposed rule would amend the existing Tripartite General Orders by requiring owners and/or managing agents of certain new residential multiple dwellings, including commercial buildings that are turned into residential buildings, to install a waste containerization system to manage waste generated at such building unless DSNY determines that collection service through this system is not feasible.

DSNY will require the installation of a waste containment system in the following buildings:

• Any new multiple dwelling building that contains 300 or more dwelling units
• Any commercial building that is altered, enlarged or otherwise modified from its original physical design in order to be newly classified by the New York City Department of Buildings (“DOB”) as a multiple dwelling building that contains 300 or more dwelling units
• Any commercial building having 50 percent or more of its floor area renovated in order to be classified by DOB as a multiple dwelling building that contains 300 or more dwelling units.

The rule proposes that discretionary waivers may be available on a case-by-case basis, but, if such waiver is not granted, DSNY may deny or suspend collection service to any building required by the proposed rule to have a waste containerization system if all provisions have not been met.

It takes approximately 30 days after the final version of the rule is published for it to take effect. Burnham will follow the process and provide updates upon release of the final published rule and any effects it may have on the NYC Building Code or additional regulations.

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