UPDATED: New Proposed DSNY Rule Expands Trash Set-Out Requirements & More

The latest proposed rule from the Department of Sanitation expands trash-set out requirements that were previously approved. Here’s what you need to know about the latest updates.

NEW: Scroll to the end to get an update on a newly adopted DSNY rule! If you have properties in Brooklyn, make sure you don’t miss the upcoming October 2nd start date for mandatory source separation.

The DSNY has been making some major changes recently, including:

This latest adjustment takes the “food & chain store” rule – that any putrescible solid waste, including refuse and organic waste, must be set at the curb for private carter collection in rigid receptacles with tight-fitting lids – and expands it to all commercial establishments, regardless of whether they’re a food-related business or part of a chain. You can read the full proposed rule here.

The rule would read as follows, with #3 being the newest addition:

(b) The following must set out any putrescible solid waste, including refuse and organic waste, at the curb for private carter collection in rigid receptacles with tight-fitting lids, in accordance with § 1-02.1(b), (d) and (e): 1. Catering establishments, food manufacturers, food preparation establishments, food service establishments, food wholesalers, and retail food stores; 2. A commercial establishment that is part of a chain of stores and that is not included pursuant to paragraph (1) of this subdivision; 3) Any commercial establishment receiving curbside collection of waste by a private carter that is not included pursuant to paragraphs (1) or (2) of this subdivision.

A hearing has been set for October 24th – coincidentally, the same date as the new Local Law 97 rules hearing (PS – if you want more details on the new Local Law 97 rules, don’t miss our upcoming webinar!). You can view more information on attending the hearing and providing feedback here. That said, if nothing changes, it’s likely these rules will be adopted later this fall.

Bonus: Mandatory Source Separation Rules Adopted

The city has officially adopted updated rules for mandatory source separation of organic waste. Additionally, the rule requires yard waste separation year-round, instead of just 8 months out of the year.

Here are the updates:

  • The adopted rule nixes yard waste source separation timelines (currently March – July and September – November), making it required year-round
  • The source separation of organic waste will be required per the following timetable:
    • All Queens districts (in place now)
    • All Brooklyn districts on October 2, 2023
    • All Staten Island and Bronx districts on March 25, 2024
    • All Manhattan districts on October 7, 2024
  • The previous rule outlined specifics for plastic bags (you can read them in the official rule here). The new one adds details on bags for yard waste:

Plastic bags for designated yard waste: Designated yard waste may be placed out for curbside collection in plastic bags, provided such bags are: (A) a minimum of 13 and a maximum of 55 gallons in capacity; (B) clear and not colored; and (C) constructed of low density polyethylene or linear low density polyethylene. Designated yard waste commingled with designated organic waste may not be placed out for collection in plastic bags

  • Similar to the above restriction, designated yard waste commingled with designated organic waste may not be placed out for collection in paper bags, either

Remember – per the law, owner, net lessee, or “person-in-charge” or a residential building containing four or more dwelling units must:

  • Designate a storage area/areas that are reasonably accessible to residents for pre-collection storage of yard waste and organic waste
    • If reasonably accessible space is not available in the building, and is available behind the building’s property line, such space may be designated for the pre-collection storage of designated recyclable materials
  • Maintain said areas so as not to create a nuisance or sanitary problem
  • Provide sufficient containers in line with the law

Make sure you’ve reviewed the above with your team, and plan for any changes required by this latest update. We’ll share more from the DSNY as additional adopted rules are rolled out.

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About the Author

Kristen Hariton

Kristen Hariton is the Vice President, Product Engagement at SiteCompli, focused on exploring new solutions and innovations in property operations tech. When she's not sharing the latest industry trends, changes, and updates, she's planning her next adventure to Walt Disney World.