Section 16-306. Private carter-collected waste

a. The commissioner shall
  adopt  and  implement  rules  designating  recyclable   materials   that
  constitute  in  the  aggregate  at  least  one-half  of  all solid waste
  collected  by  private  carters,  and  additional   materials   if   the
  commissioner  determines  that economic markets exist for them. Pursuant
  to subdivision b of this section, such rules shall require generators of
  private carter-collected waste to source separate some  or  all  of  the
  designated materials and to arrange for lawful collection for recycling,
  reuse or sale for reuse by private carters or persons other than private
  carters  of  such  source separated materials. With regard to designated
  materials that are not required by such rules to  be  source  separated,
  generators  of  private carter-collected waste may source separate these
  designated materials and, in any event, shall arrange for  their  lawful
  collection  for recycling, reuse or sale for reuse by private carters or
  persons  other  than  private  carters.  If  a  generator   of   private
  carter-collected  waste has source separated the designated materials in
  accordance with the rules and arranged for  the  lawful  collection  for
  recycling,  reuse  or sale for reuse by private carters or persons other
  than private carters of such source separated materials and, with regard
  to designated materials that are not required by such rules to be source
  separated, arranged for lawful collection for recycling, reuse  or  sale
  for reuse by private carters or persons other than private carters, such
  arrangement  shall  constitute  an affirmative defense to any proceeding
  brought against  the  generator  pursuant  to  section  16-324  of  this
  chapter.
    b.  The  rules  promulgated  pursuant to subdivision a of this section
  shall require that generators of waste collected by businesses  required
  to  be  licensed pursuant to section 16-505 of this code source separate
  the designated materials in such  manner  and  to  such  extent  as  the
  commissioner  determines  to  be necessary to minimize contamination and
  maximize the marketability of such materials. However,  in  promulgating
  such  rules  the  commissioner  shall not require source separation of a
  material unless the commissioner has determined that an economic  market
  exists  for  such  material.  For  the purpose of this section, the term
  "economic market" refers to instances in which the full avoided costs of
  proper collection,  transportation  and  disposal  of  source  separated
  materials  are  equal  to  or  greater  than  the  cost  of  collection,
  transportation and sale of said materials less the amount received  from
  the  sale  of  said  materials. The New York city trade waste commission
  shall adopt and implement rules requiring businesses licensed to remove,
  collect or dispose of trade waste to provide for the collection of,  and
  ensure  the continued separation of, designated materials that have been
  source separated, provide for the separation  of  all  other  designated
  materials,  and  provide  for recycling of all the designated materials.
  Rules promulgated  by  the  trade  waste  commission  pursuant  to  this
  subdivision  shall  be enforced in the manner provided in section 16-517
  of this code and violations of  such  rules  shall  be  subject  to  the
  penalties  provided  in subdivision a of section 16-515 of this code for
  violation  of  the  provisions  of  chapter  16-A.  In   addition,   the
  commissioner  shall have the authority to issue notices of violation for
  any violation of such rule  and  such  notices  of  violation  shall  be
  returnable  in  a  civil  action brought in the name of the commissioner
  before the environmental control board which shall impose a penalty  not
  to exceed ten thousand dollars for each such violation.