2006 New York Code - Receptacles For The Removal Of Waste Material.

 
    § 16-120 Receptacles for the removal of waste material.  a. The owner,
  lessee,  agent,  occupant  or  other  person  who  manages or controls a
  building or dwelling shall provide and maintain in accordance with  this
  section  separate receptacles for the deposit of incinerator residue and
  ashes; refuse, and liquid waste. The receptacles shall be  provided  for
  the  exclusive  use  of  each  building  or  dwelling  and  shall  be of
  sufficient size and number to contain the  wastes  accumulated  in  such
  building   or  dwelling  during  a  period  of  seventy-two  hours.  The
  receptacles shall be made of metal or other material of a grade and type
  acceptable to the  department,  the  department  of  health  and  mental
  hygiene  and  the  department  of  housing preservation and development.
  Receptacles used for liquid waste shall be constructed  so  as  to  hold
  their  contents without leakage. Metal containers shall be provided with
  tight fitting metal covers.
    b. Ashes and incinerators residue, refuse and liquid wastes  shall  be
  separated  and  placed  into  separate  receptacles.  No receptacle when
  filled shall weigh more than one hundred pounds.
    c. Incinerator, residue, ashes,  refuse  and  liquid  waste  shall  be
  stored  in  the  building  or dwelling or at the rear of the building or
  dwelling as may be required by  the  department  of  health  and  mental
  hygiene  or the department of housing preservation and development until
  time for removal and  kept  in  tightly  covered  metal  receptacles  or
  containers made of other materials of a type and grade acceptable to the
  department,  department of health and mental hygiene, and the department
  of housing preservation and development. After the  contents  have  been
  removed  by  the  department  or other collection agency any receptacles
  remaining shall immediately be removed from the front of the building or
  dwelling.  The receptacles shall at all times be kept covered or  closed
  and  kept  in a manner satisfactory to the department, the department of
  health and mental hygiene, and in the case of residential premises,  the
  department  of  housing  preservation  and  development. No receptacles,
  refuse, incinerator residue or ashes, or liquid waste shall be  kept  so
  as  to create a nuisance. Yard sweepings, hedge cuttings, grass, leaves,
  earth, stone or bricks shall not be mixed with household wastes.
    d. Newspapers, wrapping paper or other light refuse or  rubbish  which
  is  likely  to be blown or scattered about the streets shall be securely
  bundled, tied  or  packed  before  being  placed  for  collection.  Such
  material  shall  be kept and placed for collection in the same manner as
  the receptacles.
    e. No person shall deposit household or commercial refuse, incinerator
  residue or ashes, or liquid wastes in an open mesh litter basket  placed
  on the streets by the department or other person.
    f. Any person violating the provisions of this section shall be liable
  for  a  civil  penalty  of  not  less than twenty-five nor more than one
  hundred dollars for the  first  violation,  except  that  for  a  second
  violation  of  this  section  within any twelve-month period such person
  shall be liable for a civil penalty of not less than one hundred dollars
  nor more than  two  hundred  dollars  and  for  a  third  or  subsequent
  violation within any twelve-month period such person shall be liable for
  a civil penalty of not less than two hundred dollars nor more than three
  hundred dollars.
    g. In the instance where a notice of violation is issued for breach of
  the  provisions  of this section such process shall be returnable to the
  environmental control board, which shall have the power  to  impose  the
  civil penalties provided in subdivision f of this section.
    h. In the event that a person fails to answer such notice of violation
  within  the  time  provided therefor by the environmental control board,


  that person shall become liable for additional penalties. The additional
  penalties shall not exceed three hundred dollars for each violation.
    i.   Nothing   herein  contained  shall  be  construed  to  supersede,
  substitute for  or  abrogate  the  provisions  of  article  one  hundred
  fifty-three  of  the  health  code  or article five of subchapter two of
  chapter two of title twenty-seven of the code.