Permits different standards relating to approval of the solid waste management plan in N.Y. city

In response to the 1988 Act's requirement that municipalities adopt recycling laws by September 1, 1992, the New York City Council, in April of 1989, enacted Local Law 19 which established the framework for the City's recycling program. Local Law 19 required that the City's residential recycling program, which at the time of Local Law 19's enactment was in the pilot stage, be expanded citywide in stages. It is our understanding that § 120-aa allows a reasonable time for implementation of the recycling program. This bill clarifies that the City has until September 1, 2002 to provide for the mandatory separation of recyclable, reusable or, other components of solid waste for which economic markets for alternate uses exist.

In addition, Local Law 19 requires commercial sector recycling. In June 1991, commercial recycling rules issued pursuant to Local Law 19 went into effect. These rules require the recycling of several materials by commercial generators by November 29, 1991 (high-grade office paper, corrugated cardboard, metals, and certain components of construction and demolition debris) The rules also require the recycling of additional materials over the next few years. While Local Law 19 requires source separation of residential waste, it does not similarly require source separation of commercial waste. Section 16-306 of Local Law 19 permits generators of private-carter collected waste either to source separate designated recyclable materials or to arrange for the post-collection separation of those materials. Although it may be argued that local Law 19 complies with General Municipal Law §120-aa by insuring that the policy goals of recycling are achieved and provides for a substantial amount of source separation, this bill amends § 120-aa and § 27-0107 to insure that post-collection separation is an option available in New York City. In order for recycling to be successful, the City needs the flexibility to try various approaches to recyclable collection. For many businesses throughout the City, post-collection separation for certain materials may make better environmental and economic sense. Source-separation may require multiple collections and, therefore, multiple trucks. The environmental benefits from post-collection separation may include potentially less truck traffic on already crowded city streets, and less pollution, noise, and energy usage through the avoidance of such traffic. Additionally, smaller businesses, which comprise a significant portion of the City's commercial sector, would be spared the financial burden of paying for multiple collections and of acquiring space for the storage of source separated materials. The separation and collection options available to the City must be flexible in order to accommodate the unique circumstances of the various sectors required to implement recycling programs. Therefore, § 27-0107 of the Environmental Conservation Law and § 120-aa of the General Municipal Law should be amended to insure that the City have flexibility to determine the most economically and environmentally efficient method of implementing the State's recycling mandates by September 1, 2002.

Prior legislative history

None.

Fiscal implications

None.

Effective date

Immediately.