DSNY Adopts New Residential Waste Containerization Rules

By Nov. 12, all buildings with up to nine apartments must use trash bins.

To remove the mountains of black bags on city streets, reclaim public space, and improve the quality of life for residents, the Department of Sanitation (DSNY) has been working to implement a plan to containerize all residential trash beginning this fall. Recently, after receiving public feedback, DSNY released two adopted rules regarding specific residential waste containers for buildings with up to nine units and container requirements for buildings or commercial establishments using private carters.

The two sets of adopted final rules are distinguished by how waste is collected at your building. The waste can be collected by city agencies or by private carting companies. These changes are a part of the city’s commitment to cleaning up streets and reducing food sources for rats. These changes align with other city initiatives to increase the use of containers for waste storage and collection, creating cleaner, more livable, and more vibrant streets and neighborhoods across New York City.

We’ll go over the details of each rule and how the adopted rules have changed from when they were proposed.

NYC Agency Waste Pickups

DSNY’s adopted waste containerization rules go into effect on Oct. 4, 2024, approximately a month before the container requirements officially begin. According to the adopted rule, beginning Nov. 12, 2024, all buildings with one to nine residential units will be required to use bins, 55 gallons or less, with secure lids for trash set out. If you already use a bin with a secure lid that is 55 gallons or less for trash set out, you may continue to use it until June 1, 2026. After this date, you’ll need to switch to the official NYC Bin, which can be obtained from www.bins.nyc or by calling 1-855-NYC-BINS.

DSNY held a public hearing on its proposed rules in early August. The testimonies from various stakeholders raised concerns such as the potential for cluttered sidewalks and theft of bins even when stored in gated areas. The final rule addressed some stakeholder concerns regarding the applicability of the containerization rules even with waste collected by other agencies and the process of applying for waivers if compliance creates a public safety hazard for pedestrians or poses an unreasonable hardship.

Applicability. DSNY’s adopted rule made clarifications on the applicability of the containerization requirement. DSNY clarified that the requirements would apply to all waste set out at the curb, including waste collected by another city agency. The proposed rule had focused mainly on refuse and the entities that receive collection service from DSNY.

In other words, the newly adopted rule requires that “all buildings that receive Department collection or collection from another City agency, other than residential buildings containing ten or more dwelling units, set out any refuse at the curb for collection in rigid containers with tight-fitting lids.”

The requirement starts on Nov. 12, 2024. And the requirement to use specific bins from authorized vendors starts on June 1, 2026.

Waivers. Both the proposed and adopted rules include a waiver process for buildings if compliance would create public safety hazards or pose an unreasonable hardship. According to the rule, the instructions for submitting a waiver request will be on the DSNY website, and there will be an appeals process for those building that are denied a waiver request.

Once a waiver request has been submitted, DSNY will notify the owner within 60 days if a temporary waiver has been granted or denied. Buildings denied a temporary waiver will have 30 days to submit an appeal in writing to the Commissioner. And the Commissioner will issue a decision on the appeal in a reasonable time, and that decision will be final. The building won’t have to comply with the containerization requirements until DSNY makes a final determination. The rules note that a temporary waiver will be in effect only until DSNY implements a containerization solution that can accommodate the volume of refuse that the building regularly produces without creating a public safety hazard for pedestrians or an unreasonable hardship.

Pickups by Private Companies

DSNY also adopted a final rule relating to the use of certain containers by entities receiving curbside collection from a private carter. This rule mainly applies to commercial establishments but also applies more broadly to any building that receives private carter collection.

According to DSNY, requiring everyone receiving private carter collection who produces any amount of food waste to place their decaying waste in sealed containers will meaningfully limit potential food sources for vermin while also helping to keep our sidewalks free of unattractive piles of black bags.

Currently, DSNY rules allow for all commercial establishments that receive curbside collection from a private carter to set out their waste and recyclable materials within one hour of closing, provided that the scheduled collection occurs before the establishment next reopens for business and only if such materials are placed out for collection in receptacles with tight-fitting lids. Those establishments that place materials out for collection in bags, regardless of the time they close, may place such materials at the curb no earlier than 8 p.m. In addition, DSNY rules currently require that all commercial establishments set out any solid waste that will decay at the curb for private carter collection in rigid containers with tight-fitting lids.

The newly adopted rule amends this and expands this requirement to include any entity, not just commercial establishments, that receives private carter collection. The rule says non-commercial establishments may request a waiver if compliance would create a public safety hazard for pedestrians or pose a hardship. Examples of such non-commercial establishments include office buildings and hospitals.

While a waiver would be available to non-commercial establishments receiving private carter collection, it wouldn’t be available to commercial establishments because commercial establishments were already subject to containerization requirements before the adoption of the rule. Also, according to DSNY, the non-commercial establishments receiving private carter collection include very large buildings that are more likely to struggle with existing container solutions.