New York changes trash requirements for food businesses in anti

Jun 27, 2023

The city’s Department of Sanitation enacted its latest rule this week requiring commercial food establishments to handle waste differently.

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New York City took another step in its waste containerization efforts this week by enacting a requirement for commercial food establishments to stop piling plastic trash bags on sidewalks.

Effective Aug. 1, the city’s Department of Sanitation requires that “all food-related businesses must set out any putrescible solid waste, including refuse and organic waste, at the curb for private carter collection in rigid receptacles with tightfitting lids.” The rule doesn’t apply to recyclables, or to businesses that receive off-street collection such as service via a loading dock.

DSNY previously enacted organics recycling requirements for certain businesses, including container specifications, but that still left a notable portion of organic waste in the commercial stream.

The agency estimates this latest change, coupled with another proposed rule that would apply containerization requirements to chain stores with five or more locations (including non-food establishments), will cover 25% of businesses in the city and approximately 4 million pounds of waste per day.

This follows another rule enacted in April that said businesses can’t place waste out until 8 p.m. if in bags, or one hour before closing time if using a secured container, and is part of an ongoing effort by Mayor Eric Adams to containerize waste in hopes of reducing the rodent population.

"When you leave food behind, they're ready for a gourmet meal, with the black bags outside food-related businesses basically serving as a to-go box for the rats. That ends now,” said DSNY Commissioner Jessica Tisch in a statement announcing the final rule.

New York is also working to enact a zone system, which would see a specific number of haulers allowed to service certain commercial areas via contracts. DSNY does not see this as an opportunity to advance further containerization requirements for other categories, due in part to questions about businesses sharing containers.

“The overlapping network of private carters and tonnage-based fee system — even in the new framework established by the Commercial Waste Zones law — makes shared containerization impossible,” said a recent agency report that also covered residential containerization, in part because high volumes in certain areas of Manhattan would be especially difficult.

Under this upcoming system, commercial customers could choose from up to three haulers per zone. While this is seen as a complication for possible shared containers, some local waste professionals still see it as a way to further advance containerization.

“I do not see any conflict or incongruity between containerization and commercial franchising. On the contrary, I maintain that franchising enhances rather than constrains the opportunities for collecting waste in containers,” said Ben Miller, a former director of policy planning for DSNY and author of local waste history book “Fat of the Land,” via email. Miller said haulers likely prefer containerization efforts, and doing this could become easier “under a franchise system, which adds layers of predictability to the already-well-coordinated operations that carters have evolved over the past century.”

Miller noted that haulers have experience working to share access to post-collection assets, for example, and could figure out how to make a possible shared container system work. He also noted that currently available technology such as digital scales, cameras and devices to control access or monitor usage to containers could be deployed.

Clare Miflin, founder of the Center for Zero Waste Design, said the upcoming zone system could also help alleviate concerns about individual containers from businesses in areas with limited storage space. If, for example, businesses on a block could share stationary waste containers approved for placement in a parking spot, “there would be no worries about space for storing waste inside or bins on sidewalks — they could just take out bags whenever.”

Others view the city’s decision to separate these two issues as a more natural approach.

"I think the city is doing a smart job strategically of separating out commercial waste zones from these frankly broader concerns around quality of life,” said David Biderman, president of Biderman Consulting, noting this also allows for a faster outcome before zone implementation “which is likely to still be years in the future.”

While some trade groups representing food establishments raised concerns, their members must now adapt to the new requirements. DSNY is offering virtual training sessions throughout August to help businesses.

Andrew Rigie, executive director of the New York City Hospitality Alliance, said during a June 22 hearing that it was “probably impossible” for many restaurants to comply due in part to storage space. Written comments from the New York State Restaurant Association raised related concerns about “logistical and cost burdens.”

DSNY’s final rule updated language about container locations, and added provisions about suspending rules if the mayor declared “a health or solid waste emergency” or the DSNY commissioner “determines that weather conditions are not conducive to the use of receptacles.”

A July 3 post from the alliance, which came after the rule was finalized, still called the final version “burdensome” and “rushed.”

Liz Picarazzi, founder and CEO of container enclosure company Citibin, said via email that “we have been fielding a lot of calls from restaurants since the new rule was set” and noted that limited space has been a frequent point of discussion. So far, the most common approaches she has seen are tight-lidded cans on the curb, cans within three feet of the building or some type of container placed in the parking lane through the city’s Clean Curbs program.

As for private haulers, sources at multiple companies said during the summer that they have been working with customers to prepare. Biderman said he’s heard concerns were manageable, but “at a time when commercial waste collection in New York seems to be changing significantly this is one in a series of changes that both customers and carters are going to need to adjust to."

The one company that offered testimony on the now-enacted containerization rule, Mr. T Carting, said the system could be preferable for workers.

“In addition to the city's concerns regarding cleanliness, food waste is heavy and disproportionately contributes to injuries of our drivers and helpers,” said President Tom Toscano at the June hearing. “We have put automated devices on our trucks to reduce the lifting our drivers have to do and containerizing food waste will help reduce the number of lifts these drivers have to perform in a night.”

The proposed containerization rule for chain establishments has drawn less reaction, with no one testifying at a Monday hearing.

Looking ahead, DSNY’s report notes a goal to push containerization in “large commercial buildings by incentivizing or requiring new large commercial developments to include loading docks” and more plans could be coming.

“We have been clear we intend to require all commercial establishments that set out waste on the curb to use containers in the coming months,” said a spokesperson via email.