Section 24-117. Existing refuse burning equipment

(a) Every owner of refuse
  burning equipment that has been  operated  at  any  time  subsequent  to
  January  first,  nineteen hundred sixty-five, whether such operation was
  required by law or not, shall, except  as  otherwise  provided  by  this
  code:
    (1) Resume or continue the operation of such refuse burning equipment;
  or
    (2)  Construct,  maintain  and  operate  a refuse compacting system in
  conformity with all applicable laws and regulations; or
    (3) Install, maintain and operate a refuse containerization system  in
  conformity with all applicable laws and regulations; or
    (4) In the case of non-residential buildings or occupancies from which
  the  department  of  sanitation  has  not  collected  refuse at any time
  subsequent to January first, nineteen hundred  sixty-five,  arrange  for
  the  continued  collection of all refuse from such premises by a person,
  other than the department of sanitation, who is  authorized  to  collect
  and remove refuse pursuant to applicable provisions of the code.
    (b)  No  person  subject  to the provisions of subdivision (a) of this
  section shall construct a refuse compacting system except with the prior
  written permission of the department of buildings upon application filed
  at an office of the department of buildings. The department of buildings
  shall, in writing, promptly notify the commissioner of  the  receipt  of
  any such application.
    (c)  No  person  subject  to the provisions of subdivision (a) of this
  section shall install a refuse containerization system to be serviced by
  the department of sanitation except with the prior written permission of
  the  department  of  sanitation  upon   application   filed   with   the
  commissioner  of  sanitation.  In  considering  any such application the
  commissioner of sanitation may take into account:
    (1) The number, capacity and specifications of the  containers  to  be
  used;
    (2)  The dimensions and suitability of the areas or rooms in which the
  containers are to be stored;
    (3) The accessibility of the containers to vehicles  operated  by  the
  department of sanitation for the collection of refuse;
    (4)  The  frequency  of  collection  of  refuse  and  the  cost to the
  department of sanitation of such collection which would be  necessitated
  by  the  installation of the proposed refuse containerization system, as
  compared with the frequency and cost  of  such  collection  which  would
  ensue  upon  the  installation  of  either a refuse compacting system or
  other alternate refuse containerization system;
    (5) The adverse public health  and  environmental  effects  which  may
  arise from the installation and operation of the refuse containerization
  system,  including,  without  limitation,  provision  of  harborage  for
  rodents, insects or other pests; and
    (6) Such other factors as the  commissioner  of  sanitation  may  deem
  necessary and proper.
    (d) The department of sanitation shall collect, without charge, refuse
  resulting  from the operation of a refuse compacting system constructed,
  maintained and operated in  conformity  with  subdivision  (a)  of  this
  section or of a refuse containerization system installed, maintained and
  operated  in  conformity  with  such  subdivision,  unless  prior to May
  twentieth, nineteen hundred sixty-six, the department of  sanitation  of
  the  city of New York was not obligated to collect without charge refuse
  from the structures in which such refuse  compacting  system  or  refuse
  containerization system is installed.
    (e)  The  obligation of the department of sanitation under subdivision
  (d) of this section shall terminate:

    (1) If the use of such structure is changed in such a manner  that  if
  such  change  had  occurred  prior  to  May  twentieth, nineteen hundred
  sixty-six, the department of sanitation would not have been obligated to
  collect, without charge, refuse from such structure; or
    (2)  If,  where  the collection of refuse from such structure involves
  entry by the department of sanitation upon premises which are not  owned
  and  occupied  by the city of New York, such department is not furnished
  with such indemnities and insurance  protection  as  it  may  reasonably
  require.
    (f)  In  the  event  of the sealing of refuse burning equipment by the
  board pursuant to section 24-178 of this code, any collection of  refuse
  by the department of sanitation from the location of said refuse burning
  equipment  shall  be at the expense of the owner of said equipment. Said
  expenses shall be recoverd in a civil action brought in the name of  the
  commissioner of sanitation.
    (g) Notwithstanding any provision of this section to the contrary, the
  commissioner  may  authorize  the  discontinuance  of  the  operation of
  certain refuse burning equipment as provided herein:
    (1) Upon the application of any owner of refuse burning equipment in a
  multiple dwelling containing forty-two dwelling units or less  per  unit
  of  refuse  burning  equipment, provided that the applicant shows to the
  satisfaction of  the  commissioner  that  it  would  not  be  reasonably
  practicable  for  the  applicant to cause the equipment in such multiple
  dwelling to fully meet the standards and requirements of this code or to
  install a  reasonably  efficient  refuse  compacting  system  or  refuse
  containerization system by reason of the physical characteristics of the
  multiple dwelling or otherwise.
    (2) Upon the application of any owner of refuse burning equipment in a
  public  building,  in  a public housing project operated by the New York
  city housing authority containing forty-two or less dwelling  units,  or
  in a building operated by a charitable or non-profit institution.
    (3)  Operation  of such refuse burning equipment shall be discontinued
  within thirty days after notice to the applicant  of  the  authorization
  permitting  discontinuance.  Notice  shall  be given by the mailing of a
  copy of the authorization to the applicant at the address designated  in
  the application.
    (4)   Upon   the   discontinuance   of  operations  pursuant  to  such
  authorization, the department of sanitation  shall  collect  the  refuse
  from  the  location  of  the refuse burning equipment designated in such
  authorization.
    (h) Any person who does not resume or who discontinues  the  operation
  of  refuse  burning equipment pursuant to the provisions of this section
  shall immediately notify the commissioner to such effect in writing, and
  shall within thirty days after such  notice  seal  such  refuse  burning
  equipment  in  accordance  with  all applicable laws and regulations. To
  insure such compliance, the department may from  time  to  time  inspect
  such  refuse burning equipment in accordance with section 24-108 of this
  code, and the commissioner may issue such  orders  with  regard  to  the
  sealing  of  such  refuse burning equipment as he or she deems necessary
  and proper.
    (i) The provisions of this section shall not apply to  refuse  burning
  equipment which is in a building to be demolished to permit the erection
  of a new building if:
    (1)  The  new building application has been approved by the department
  of buildings; and
    (2) Certificates of eviction have been issued by the state division of
  housing and community renewal, which is the city rent agency pursuant to
  section 26-403, where required; and

    (3) Final order for eviction has been issued.
    (j)  Notwithstanding  any  provision  of this section to the contrary,
  every owner of refuse burning equipment shall cease the operation of and
  remove or seal such refuse burning equipment within four  years  of  the
  effective  date  of  this  subdivision.  Substitution,  modification  or
  reduction by an owner of essential or required services subject  to  the
  provisions  of  the  city  rent  and  rehabilitation  law  or  the  rent
  stabilization law of nineteen hundred sixty-nine shall be  permitted  if
  such substitution, modification or reduction is necessary to comply with
  this  subdivision and subdivision (a) of this section and is the minimum
  substitution,  modification  or  reduction  of  essential  or   required
  services  that  is  required for such compliance. This subdivision shall
  not apply to refuse burning equipment described in subdivisions one, two
  and three of section 24-118 of this subchapter.