Establishing exemptions for certain buildings from containerization requirements.

This bill would exempt certain small, mixed-use buildings that lack adequate storage space from rules issued by the Department of Sanitation (DSNY) requiring buildings with up to 9 dwelling units to set out refuse in rigid receptacles with tight-fitting lids. DSNY also would be required to approve or deny any application for an exemption within 60 days, and a denial could be appealed to the Office of Administrative Trials and Hearings. DSNY would be required to maintain a registry of all exempted buildings. Any notice of violation (NOV) issued to a building with a pending application for an exemption or which was eligible to appeal or which had a pending appeal of denial of such application would be dismissed, and any exempted building that is improperly issued an NOV could recover from DSNY reasonable costs and attorney’s fees. DSNY would also be required to conduct an education campaign on such exemptions.