Section 16-305. Department-collected solid waste

a. The commissioner shall,
  within nine months of the effective date  of  this  chapter,  adopt  and
  implement  regulations  designating  at  least six recyclable materials,
  including yard waste to the extent required in section  16-308  of  this
  chapter,  contained  in  department-collected  solid waste and requiring
  households to source separate the designated materials  to  ensure  that
  the department and its contractors recycle at least:
    1.  seven  hundred tons per day by the end of the first year following
  the enactment date of this chapter and during the year thereafter;
    2. one thousand four hundred tons per day by the  end  of  the  second
  year  following  the  enactment date of this chapter and during the year
  thereafter;
    3. two thousand one hundred tons per day by the end of the third  year
  following  the  enactment  date  of  this  chapter  and  during the year
  thereafter;
    4. three thousand four hundred tons per day by the end of  the  fourth
  year  following  the  enactment date of this chapter and during the year
  thereafter; and
    5. four thousand two hundred fifty tons per day  by  the  end  of  the
  fifth  year  following the enactment date of this chapter and during the
  year thereafter.
    At the start of the second, third, fourth and  fifth  years  following
  the  enactment  date  of  this chapter, the tonnage requirements of this
  section shall be increased by the average annual percentage increase  in
  solid  waste  that  the  department  and  its contractors collected from
  households and institutions and solid waste that the department received
  for free disposal in the two  previous  consecutive  fiscal  years.  The
  solid  waste  that  the  department  and its contractors are required to
  recycle pursuant to this subdivision shall include  department-collected
  solid  waste  recycled  pursuant  to this subdivision, city agency waste
  recycled pursuant  to  section  16-307,  yard  waste  collected  by  the
  department  and  composted  pursuant  to section 16-308, Christmas trees
  collected by the  department  and  composted  or  recycled  pursuant  to
  section  16-309,  and  batteries and tires collected pursuant to section
  16-310 that are recycled, but  shall  not  include  containers  returned
  pursuant  to  the  New  York  State returnable container law, commercial
  solid waste removed  and  recycled  by  private  carters,  reduction  or
  recycling  of  ash  or  residue  from  resource  recovery facilities, or
  reduction  or  recycling  of  sludges  from  air  or   water   treatment
  facilities.  For  the purpose of this subdivision, "day" shall mean each
  working day in a three hundred sixty-five day calendar year. Should  the
  level  of  recycling  exceed  the  minimum  quantities  required in this
  subdivision, the council may review the original  mandate  and  increase
  the minimum requirements.
    b. The commissioner shall, within nine months of the effective date of
  this  chapter,  adopt  and implement regulations establishing procedures
  requiring the placement of the designated materials at the curbside,  in
  specialized   containers,  or  in  any  other  manner  the  commissioner
  determines, to facilitate the collection of such materials in  a  manner
  that enables them to be recycled.
    c.  The  commissioner may stagger the source separation and collection
  of the designated recyclable  materials,  with  the  exception  of  yard
  waste,  provided  that  the  recycling  of the materials that are source
  separated and collected shall be sufficient  to  achieve  the  recycling
  levels  required  in this section, and that all the designated materials
  shall be source separated and collected within four and  one-half  years
  of the effective date of this chapter.

    d. In establishing the schedule by which residential source separation
  shall  commence, the commissioner may stagger the commencement dates for
  different recycling districts. Any such staggered schedule shall provide
  that at least one-third of all households shall  be  subject  to  source
  separation  within  one  year  of the effective date of this chapter; at
  least two-thirds of all households shall be subject to source separation
  within three years of the  effective  date  of  this  chapter;  and  all
  households  shall  be  subject  to  source  separation  within  four and
  one-half years of the effective date of this chapter.
    e.  Within  any  recycling  district,  the  commissioner  may   exempt
  residential  generators  from  the source separation requirement of this
  section  if  the  department  employs  alternative  recycling   methods,
  including  but  not  limited  to  the  use of buy-back centers, drop-off
  centers,  or   post-collection   separation   devices,   provided   that
  participation  in  any  alternative methods is sufficient to achieve for
  the recycling district a percentage of the recycling requirement in this
  section   at   least   equal   to   the   percent   of   the    citywide
  department-collected  solid waste that is collected within the district.
  The commissioner shall not exempt residential generators from the source
  separation requirement of this section unless he or she determines  that
  for  the  recycling  district source separation cannot otherwise achieve
  the recycling levels required in this section.
    f. Where the department provides solid waste collection services to  a
  building containing nine or more dwelling units, the commissioner shall,
  within  nine  months  of  the  effective date of this chapter, adopt and
  implement regulations requiring the  owner,  net  lessee  or  person  in
  charge of such building to:
    1. provide for the residents a designated area and, where appropriate,
  containers  in  which  to  accumulate  the  source  separated  or  other
  designated recyclable materials to be collected by the department;
    2. notify all residents of the requirements of this  chapter  and  the
  regulations promulgated pursuant thereto; and
    3.  remove  non-designated materials from the containers of designated
  source separated recyclable materials before such containers are  placed
  at  the curbside for collection and ensure that the designated materials
  are placed at the curbside in the manner prescribed by the department.
    With respect to solid waste generated by households in  the  aforesaid
  buildings,  the obligations of an owner or a net lessee under this local
  law shall be  limited  to  those  set  forth  in  this  subdivision  and
  subdivisions b and g of this section.
    g.  Eighteen  months  from  the  enactment  date  of this chapter, the
  commissioner shall adopt and  implement  regulations  for  any  building
  containing nine or more dwelling units in which the amount of designated
  materials  placed out for collection is significantly less than what can
  reasonably be expected  from  such  building.  These  regulations  shall
  require  residential  generators, including tenants, owners, net lessees
  or persons in charge of such building to use transparent  bags  or  such
  other means of disposal the commissioner deems appropriate to dispose of
  solid waste other than the designated recyclable materials. Upon request
  of  the  owner,  net lessee or person in charge of such building, and if
  the commissioner determines that such owner, net  lessee  or  person  in
  charge  has  complied  with  this  subdivision and subdivision f of this
  section and that the amount  of  designated  materials  placed  out  for
  collection  remains  significantly  less  than  what  can  reasonably be
  expected from such building, the department shall develop a schedule  to
  conduct  random inspections to facilitate compliance with the provisions
  of this chapter by  tenants  of  such  building,  provided  that  lawful
  inspections  may  occur  at  reasonable  times  without notice to ensure

  compliance by the tenants, owner, net lessee or person in charge of such
  building.