Establishing waivers for certain mixed-used buildings from containerization requirements.

This bill would permit certain small, mixed-use buildings that lack adequate storage space to obtain waivers 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 would be required to approve or deny any waiver application within 60 days, and a denial could be appealed to the Office of Administrative Trials and Hearings. Any building granted a waiver would be required to post a sign on their building indicating a waiver has been granted. Any notice of violation (NOV) issued to a building with a pending waiver application would be dismissed, and any building that is improperly issued an NOV after being granted a waiver would be able to recover reasonable costs and attorney’s fees. DSNY would also be required to conduct an education campaign on such waivers, and to report on whether any buildings granted a waiver are suitable for an on-street container pilot program.