Maggie Clarke’s Recommendation List from Her Testimony, 1991-2003

By Shannon Stone

January, 20, 2004



Manhattan BP’s Task Force     April 2002 Testimony – Solid Waste Mgmt Act Revisions    SWMP Mod 2000

Nov. 1997 Testimony re BP Task Force   April 2003 Recycling Hearing    Milestones for 1995 SWMP Update

Ideas for Solid Waste Legislation for New York State  Feb 2003 WP Recoms  May 1991 WP Recoms for 1992 SWMP  WP Comments on  1992 SWMP   Fiscal and Legislative WP Initiatives 1994



Manhattan Fresh Kills Closure Task Force Recommendations, 1997


1)     Storefront waste prevention education

2)     Mayor’s Daily Waste Prevention moment

3)     Refrigerator magnets with hotline numbers and list or pictures with recyclables and how not to contaminate the recyclables- DSNY should distribute to every household.  Residents should also have small stickers for household waste containers.

4)     TV and radio commercials- to explain why contamination of recyclables is not helpful.

5)     Private funding for and DSNY disperses “Bring Your Own Bag” signs

6)     Provide compost and information on composting to anyone who requests it- such as community gardens- and send all of the community gardens notice of this program.

7)     Waste prevention principles and practices incorporated into education curriculums.

8)     Seek private companies to promote backyard composting.

9)     Expand Recycle A Bicycle and expand to other durables within the repair program.

10)  Have a hazardous waste drop-off center per DSNY garage- advertise via pamphlets given out by DSNY personnel.

11)  Require that all retailers of household and automotive batteries take them back and provide rebates for those customers who do.  Support legislation for battery deposit.

12)  Support legislation that requires DCAS to purchase non-toxic goods.

13)  Prepare a list of alternatives to toxic products and advertise this to the public- via print, media, and hotline

14)  Institute a battery exchange within HHC

15)  Introduce legislation requiring retailers of hazardous waste to obtain a special permit and provide labeling and information on hazardous waste on the stores’ shelves. 

16)  For residential QBUFs, single-family owners, condo and coop owners, and landlords would be charged for the amount of non-recycled waste generated.

17) Conduct at least 3 studies of QBUF strategies.  For high-rise buildings that present problems in the QBUF pilot studies, continue piloting until the problems are resolved.

18) Conduct a study to determine how much waste municipal institutions and non-municipal institutions generate.

19) Institute QBUIs for with all municipal and non-municipal institutions to where the City and the institution share the savings from the waste prevented.

20)  Using the SAIC methodology previously employed, measure waste tonnages and volumes in each institutional sector that have been addressed by waste prevention initiatives and measure what has been prevented.

21)  Undertake or support packaging study – what constitutes appropriate packaging?  Then propose legislation, educational programs, and incentives based on study targeting the reduction of packaging.  Repeat study every 5 years.  (From “Comments on 1995 Plan:” This study should be a comprehensive, City-wide, products and packaging-oriented generation and toxics composition study for the residential, institutional and commercial sectors, in different types of housing and different locations within the City.)

22)  Conduct an evaluation of DSNY’s Mail Preference Service postcard service.

23) Complete study assessing the operational feasibility, and economic, and environmental cost-benefit analysis of allowing consumers to leave secondary or nonessential primary packaging behind at retail stores, and requiring that retailers and manufacturers work together to reuse and recycle the packaging.

24) Make DSNY’s Waste Prevention Partnership program more meaningful to the businesses that are apart of it by renewing all of the memberships.  Only those businesses willing to convert to waste prevention measures can rejoin the Partnership and a goal should be set to add 50 more businesses to the Partnership.  Requesting that they commit to waste prevention is not a strict enough requirement.

25) The Partnership should provide an annual report of the waste it prevented.

26)  Produce an informational booklet about commercial QBUFs of carters and how customers can negotiate based on volume their fees with carters. (Shannon’s Note: There is a pamphlet called “Recycling: It’s Not a Choice, It’s the Law- A Handbook for NYC Businesses”- it’s about avoiding a ticket, not about how if a company prevents waste and recycles more it can save money.)

27)  DSNY should publish an annual report summarizing the waste prevention practices of each agency and an estimate of the amount of waste they prevented.

28) Introduce legislation requiring products sold in NYC be labeled with (1) product-to-package ratio, (2) cost of packaging, (3) package recyclability in NYC residential recycling program, (4) toxics content of packaging (at a minimum chlorine, lead, cadmium, mercury), and (5) secondary and postconsumer content in packaging.

29) Require that every catalog and business that sends out junk mail to include an address or phone number so that people can be taken off the list.

30)  Support legislation requiring the labeling of products for 1) post-consumer and secondary recycled content, 2) cost of packaging, 3) amount of toxicity (at a minimum to include lead, cadmium, chlorine, and mercury), 4) product-to-package ratio, and 5) package recyclability in NYC program.

31) DSNY should not spend its meager allowance for waste prevention initiatives focused on the commercial sector because the commercial sector has the most incentive to prevent its waste.  Not only that, but that responsibility actually lies with the Dept. of Consumer Affairs.  DSNY should focus mainly on residential and institutional waste prevention measures.

32) A local statute should be passed requiring that all supermarkets or (retailers) charge a small fee for bags or to provide rebates for those who bring their own bags.  All cash registers should have a “Bring Your Own Bag” sign.

33) Local legislation should be introduced requiring that food vendors charge for disposable utensils, cups, plates, and napkins.

34) Require retailers of oil to display signs where customers can dispose of used oil. 

35) Have a celebrity spokesperson for waste prevention initiatives.

36) Conduct a study to investigate the possibilities for Advanced Disposal Fees and the legislation required to implement them.

37) Provide economic incentives to encourage the growth of the refurbishing, second-hand, rental, cleaning, and repair businesses. 

38) Introduce legislation to ban the sale of plastic bottle and jugs that cannot be recycled in NYC’s curbside program in NYC (ex. PVC).

39) Introduce local legislation to provide economic incentive for people to buy for durability or to use services that promote waste prevention (double-sided copiers, diaper services, etc.)

40) Require that retailers sell a certain percentage of their goods in bulk.

41) Lobby for the restructuring of the postal rates to make junk mail more expensive to send.

42) Require that undeliverable mail be returned to the mailer at their expense.

43) Lobby the City to begin charging the U.S. Postal Service for the disposal of their junk mail.

44) Annually complete a report in regards to this lobbying at all levels of government and the relationships established at different levels for the purpose of this lobbying.  (Ex. State and federal legislators, Mayor’s Conference for Source Reduction Task Force.)

45) Expand Materials for the Arts by establishing a warehouse in every borough.

46) Establish a Materials for the Schools, based on MFA.  Allow all non-profits to take goods.  Citizens can take goods that arts programs and the City doesn’t want.

47) All City contracts with the private sector dealing with collection, transport, processing, recyclables, compost, and/or disposal of solid waste or solid waste-derived resources, should include waste prevention services (e.g., education, research) as a deliverable.

48) Establish a culture of waste prevention. All recycling and composting outreach must include the appropriate waste prevention education as well.

49) Get a commitment from the Mayor to use his office for waste prevention blitzing.


Maggie’s 2002 April Testimony on Export, Planning, Waste Composition and Incineration to the Sanitation Committee. (About revising the State Solid Waste Management Act)


50) Establish a method of recycling measurement to be used state-wide.  There should be a uniform list of recyclables and a list of waste items that cannot be listed such as auto bodies and C&D waste. 

51) Establish a uniform method of measuring the effectiveness of waste prevention programs included in local SWMPs by how many tons they prevent.  

52) Require that biennial updates and modifications to the SWMP be required and the diversion rate and prevention rates be documented.  Targets should be set for every year to measure the ongoing implementation of the SWMP.

53) Require that every year in the ten-year plan have municipal solid waste programs, incentives, and legislation.

54) Require that all the previous targets be reported on in the biennial report.

55) Institute additional penalties to municipalities when milestones are not achieved and/or incentives to encourage them to surpass their goals.

56) Institute a local, per ton fee on waste disposed of at solid waste management facilities.  The lower on the waste hierarchy, the higher the fee.

57) Establish quantity-based packaging fees or taxes to be charged to all manufacturers, direct marketers, packaging retailers, and distributors who market excessive packaging (as established by product-to-packaging ratio). Also in “Fiscal Initiatives to Promote Waste Prevention in NYC,” 3/9/94: “The City shall establish and collect quantity-based packaging fees (QBPFs) from all manufacturers, direct marketers, packaging retailers, and distributors who market or market excessively packaged products or which consist of materials that are not recyclable in New York City's recycling program. The fee shall be five cents per package or 0.3 percent of the market value of the product, whichever is greater.”

58) Once all of these measures are put in place and all of the recyclables, compostables, and toxics have been taken out, what is left can become “dirty compost” used in non-agricultural applications.

59) Require the City to issue a plan that Maximizes Prevention, Recycling, and Composting, while Minimizing export.


Maggie’s Testimony on the NYC SWMP Modification 2000


60) There should be several, specific, measurable action commitments for each year of the required ten-year planning timeframe.

61) The City should report annually to the Council and advisory boards on the costs of each waste prevention program, the tonnage prevented by that program, the avoided costs of collection and disposal of that tonnage, and the other avoided costs (or benefits) of the prevention program (including, but not limited to: avoided/reduced purchase costs, savings in health care costs, value added to the City's educational programs, etc.)

62) The City Council should conduct annual oversight hearings on the solid waste management plan, insisting that the City provide documentation proving the achievement of each commitment and measurement of waste prevention achieved.

63) The City should conduct pilots and studies to transition from our current system where there is no economic incentive for people and City agencies to reduce waste generation, to a system whereby quantity-based user fees (QBUFs) or user incentives are utilized to fairly charge for solid waste services. This transition should be completed in five years.

64) The Plan should include a commitment to support Intro 482, the environmental procurement and agency waste prevention practices bill, and to specify a program over the next ten years for local legislation to institute advance disposal fees, excessive/toxic packaging fees, sales tax credits to businesses that reduce waste generation, and other waste prevention legislation.

65) The City Council should ensure that there is sufficient funding for the City to conduct waste prevention programs, pilots, studies, etc. specified in the Plan.

66) The SWMP should include the Waste Prevention Coalition's 5-year budget priorities, including waste prevention coordinators, reuse centers, vocational durables repair programs, and DCAS environmental purchasing coordinators and computers.




67) The Council's report recommends elimination of sales taxes on mulching mowers. This concept should apply to other durable items (e.g., double-sided copiers and printers, printers that use less quantity and less toxicity of toner).

68) The City should institute a computerized tracking system for reusable items (computers, furniture, etc…) in its warehouse, accessible to those in City agencies.

69) City agency incentives to prevent waste- If the savings to the DOS, by virtue of reduced garbage pickups and reduced need for disposal, could be split by DOS and the agency, then the agency would have a greater incentive not only to implement waste prevention practices, but also environmental procurement, and recycling. The City could implement a system, whereby the department would credit each city agency’s budget a fixed amount for each percent reduction in per employee waste volume disposed over a base year; or if the agency produced more waste, the city agency’s budget could be charged a fixed amount for each percent increase in per employee waste volume collected.

70) Locating City Swap Centers strategically in as many Community Boards as possible, will serve many purposes including a place for: dropping off unwanted but potentially useful items, picking up those items others don't want, dropping off household hazardous waste, providing residents referrals to neighborhood businesses that can repair, refurbish, or rent durable items, and providing education about waste prevention opportunities and about recycling. Hennepin County, which has achieved a nearly 50% recycling rate, has two such County-run reuse centers.

71) Council should request and support New York State legislation to reduce packaging of products entering NYC. Packaging constitutes about a third of the waste stream, and new ways are being developed every year to produce overly packaged goods.


Maggie’s Testimony at Sanitation Committee Hearing on Recycling, Apr. 2, 2003

72) Continue to fund WasteFree NYC because it will be cost-effective in the long run.

73) Revise and pass Int. 29-2002.


Questions for NYCDOS and Proposed Milestones Regarding 1995 SWMP Compliance Report and Update

Waste Prevention Committee   -- Manhattan Citizens’ Solid Waste Advisory Board

Marjorie J. Clarke, Chair   August 6, 1995


74) Provide rebates for residents and institutions which purchase composters and composting aids, or which demonstrate construction of a new composter.

75) Based on packaging study, target product and packaging types for special waste prevention legislative initiatives, educational programs, and economic incentives. Repeat Study every five years.

76) Annually determine waste tonnages and volumes that each of DOS’ many waste prevention initiatives (including, but not limited to each business in the Partnership, all agencies affected by the Mayoral Directive on Waste Prevention, and those businesses studied by CENYC) have addressed over the previous three years as well as those tons and volumes which have been prevented, and analyze trends. Report on results to the public.

77) DOS shall introduce and lobby for local legislation to mandate institution of a comprehensive set of waste prevention requirements at all municipal agencies, as well as requirement that each agency document the effectiveness of each requirement quantitatively (cost per ton, overall cost, percent prevented, etc...) on an annual basis. Such waste prevention practices shall address purchasing, maintenance, and disposition of all types of durables, nondurables and disposables, as well as packaging.

78) DOS shall issue a comprehensive report on an annual basis to the public describing the policies and practices implemented and describing the quantitative assessments by each institution of the waste prevention policies and practices.

79) Produce and distribute to the public a report which assesses any problems and successes of each hazardous waste drop-off site at each of the DOS garages and recommends improvements in education and operations.

80) Introduce local legislation requiring that DCAS and city agencies purchase less toxic or nontoxic products and packaging where currently such alternatives are available. ("Toxic" includes heavy metals, solvents, pesticides, and other pollutant precursors.)

81) Prepare information on alternatives to purchase and use of toxic products and packaging and distribute this via print and media campaigns, as well as via the new DOS reuse hotline.

82) Introduce local legislation requiring retailers selling hazardous household products to pay a permit fee (as well as comply with mandatory shelf labeling requirements and to disseminate information on HHW).

83) Have DOS actively participate in a multi-city coalition.  Complete a report detailing lobbying efforts and results of such efforts with respect to the State and Federal legislatures, the US Conference of Mayors’ Source Reduction Task Force, and other bodies. Include in this report information gathered from the Task Force and other sources.

84) Advertise rebate programs and institute educational program to each household and institution on the ease and benefits of composting and leaving grass clippings on lawns.

85) Provide, free of charge, composters and educational materials for any community garden which requests them. Send notice of this program to all community gardens once per year.

86) Introduce legislation to promote marketing within New York City of more durable, repairable products, products with longer warrantees, products with less or reusable packaging, and other avenues of waste prevention.

87) Update DSNY’s homepage on recycling, waste prevention, and composting.

Ideas for Solid Waste Legislation for New York State
Marjorie J. Clarke, Chair, MCSWAB Waste Prevention Committee, February 17, 1999

88) Pass legislation updating the State Solid Waste Management Act that includes new mandates applicable to cities with a population over one million (only NYC) to make it easier to pass.

89) Establish new mandated targets and dates for municipal recycling/composting diversion rates applicable to each sector: residential, institutional, commercial. (e.g., 25% by 2002, 35% by 2006, 40% by 2010)

90) Establish the list of recyclable and compostable items that can be counted towards targets, specific to each sector (e.g., categories of papers, plastics, metals, glass, textiles, food, yard etc.).  Establish a list of waste items that cannot be counted towards targets (e.g., auto bodies, C&D waste)

91) Establish new mandated targets and dates for municipal waste prevention (solid waste reduction & reuse) (e.g., 5% by 2002, 10% by 2006, 15% by 2010)(Year 2000 should be the baseline year for calculations.)

Observations of and Recommendations for Waste Prevention in New York City

New York City Waste Prevention Coalition, Feb 7, 2002

92) DCAS needs to hire the two waste prevention coordinators as promised in the 2000 SWMP modification.

93) Improve community input on the creation of the SWMP.

94) Begin instituting PAYT by making NYC residents aware of how much they are paying to throw their trash away.  Recommend that the Dept. of Finance start itemizing trash collection on residential property tax bills in preparation for substituting quantity-based user fees for garbage taxes.

San Francisco’s Sunshine Law (A good idea for NYC)

95) Government’s duty is to serve the public, reaching its decisions in full view of the public.  The sun must shine on all the workings of government so the people may put their institutions right when they go wrong. San Francisco enacts this ordinance to assure that , in general intent as well as in administrative procedure, the people of this City the city remain in control of the government they have created.

Manhattan Citizens' Solid Waste Advisory Board, Waste Prevention Committee

prepared by Marjorie Clarke, Vice Chair,  May 21, 1991


Possible PAYT strategies-

96) Charge institutions, homeowners and individual tenants (model various linearly increasing fee structures) for special bags (containing no toxic precursors) for non-recyclables. Issue, free of charge, other, distinctive bags for collecting recyclables. Also require that these extra bags in the waste stream be removed from the waste stream and recycled by the supplier of these bags (or his agent) at his cost and benefit as part of his contract with the municipality.

97) Institute variable waste disposal charges by means of tags and stickers, sold to landlords, homeowners, and institutions and a requirement of specific size reusable containers.

98) Packaging idea- Require that for each consumer product, the percentage of total cost which is accounted for by packaging be displayed on the package.

99) Prohibit the sale of food in disposable packaging and with disposable cutlery and condiments in individual packages and paper napkins) if the food is to be consumed on the premises.

100) Impose a five cent tax on bags given out at retail establishments, require signs alerting customers to this, and require that reusable bags be sold.

101) To discourage wanton remodeling and destruction of otherwise serviceable building exteriors and interiors, and the creation of demolition waste, tax building construction materials (2 cents) and, alternatively (5 cents) per dollar, and construction permits ($200) and, alternatively, ($1,000). Exempt construction materials purchased solely in small quantities and for purposes of repairing or replacing worn building materials.

102) Require all producers and retailers to accept for recycling, reuse, and/or disposal all returned transport packaging.

103) Require that Sunday newspapers be available for sale by the section.

104) Require that phone companies issue phone books on an 18 month basis.

105) To reward durable products and reusable packaging, establish a tax credit for products and packages which can be refilled in existing programs, recharged by consumer, with at least 50% recycled content, and designed for easy repair (component parts replaceable by consumer) and for products which encourage waste prevention (e.g., canvas bags, double-sided copiers).

106) Institute a tax credit for companies which install equipment which reduces consumption of nondurable products (dishwashers, double-sided copiers, washing machines, etc..) and which offer services which reduce use of nondurable products (diaper services).

107) Require the City to put leaflets in utility bills on waste prevention.

108) Produce a free advertising directory for repair, reuse, resale, and thrift,  shops (issue and distribute one per year via mail and/or via phone company).  Explore the possibility of collecting a small fee from the companies to cover costs.  Model the effect on recycling of publishing a frequently updated list of secondary materials, costs, and sources, where available. 113) To enhance consumer education and encourage sound purchasing decisions, require manufacturers to label products for warrantee period and provide information to purchaser on where products can be repaired (if such repair is not nominally available as shoe repair and watch repair typically are).

109) Institute a system of block and large building volunteer captains who are trained by DOS to disseminate information to fellow tenants and residents about waste prevention.

110) Create awards for superior products and packaging innovations (to encourage industry R&D of better packaging and products).

111) Require the State Department of Economic Development (DED) to issue annual reports on how to reduce the weight and volume of packaging and on how to replace disposable products with reusable ones.

112) Require State DEC to make available to local sanitation districts sets of data on common materials and bibliographic references on materials and waste prevention/reduction, and require DEC to develop a booklet with model scenarios and plans for different types of municipalities.

113) Require NYSDEC to offer expertise in the form of a handbook on how to implement waste prevention to all businesses.

114) Require that tax credits be provided to businesses which maintain and/or repair or refurbish durable products.

115) Require use of reversible envelopes for utility bills.

116) To discourage toxics in packaging, require a tax of (2 cents) and, alternatively, (5 cents) be assessed for each package containing any of the following pollutant precursors (nickel, cadmium, mercury, lead, manganese, chromium, arsenic, titanium, copper, beryllium, cobalt, silver, gold, radioactive elements, iron, chlorine, fluorine, sulfur, and nitrogen).

117) To ensure reductions of pollutant precursors in packaging and products, expand the scope of CONEG law, which requires phase-out of certain constituents in packaging, to include more metals in addition to the cadmium, mercury, lead, and chromium already required (e.g., nickel, manganese, arsenic, titanium, copper, beryllium, cobalt, silver, gold, radioactive elements, iron, chlorine, sulfur, nitrogen and any other significant pollutant precursor). Also include not only packaging but also products in the requirements. Also increase the scope of the CONEG provisions to phase-out within five years rather than phase-down these toxic precursors.

118) To assist consumers in environmental purchasing, require shop owners to label items such as non-toxic cleaners and other nontoxic household items which are substitutes for items normally considered hazardous wastes. Use a universe of labeling options. Model with reasonable participation estimates. (Shannon’s note:  I see this at Key-Food sometimes.)

119) Establish a virgin materials use tax (this would benefit both reduction and recycling efforts of both packaging and products)

120) To discourage multi-material packaging, require a tax of (3 cents) and, alternatively, (10 cents) for each material in each package containing more than a single material.

121) Prohibit the sale of multi-material containers with the exception of those containers with removable caps made of a different material.

122) To reward durable products and reusable packaging, establish a tax credit of (5 cents) and, alternatively, (10 cents) for products and packages which can be recycled in existing programs at a rate of 50% or more.

Waste Prevention Comments (DOS 20-year plan) 5/18/92

Marjorie Clarke, Chair, InterSWAB Waste Prevention Committee

123) Commence preparation of and lobbying for comments and improvements to the Federal RCRA reauthorization. These improvements should address all aspects of waste prevention (packaging and product design for less volume and toxicity, the problem of disposables and less durable products, the decline of the reuse industry, government-sponsored research and development, procurement for less volume and toxicity and greater durability, and education).

124) Institute an ongoing research, development and demonstration small grants program to fund waste prevention-oriented pilot studies and other research to foster all aspects of waste prevention and to facilitate prevention/reuse/recycling of hard-to-recycle items. (In effect in Toronto)

125) Conduct a research pilot on refillable containers to determine overall and economic feasibility and possible incentives (e.g. of adopting the Michigan system where disposable bottles have a 10 cent fee and refillables have a 5 cent fee).

126) Research methods of fostering the reuse of books and magazines here and abroad, and including public libraries in the reuse system. Investigate the extent to which libraries are throwing out perfectly good books and magazines.

127) Coordinate the sizing of all waste management plants so as to avoid conflict with waste prevention goals.

128) Tax the sale of food in disposable packaging and with disposable cutlery and condiments in individual packages and paper napkins) if the food is to be consumed on the premises.

129) Require a tax on each product which contains parts which are not removeable, serviceable, replaceable, or repairable at facilities in the local area. ("Parts" includes spare parts as well as items like batteries)

130) Institute a tax for products requiring non-solar or non-rechargeable batteries.

131) Require manufacturers to label products to indicate average ACTUAL lifetime, so that informed comparisons can be made (violators fined).

132) Research whether and how to adapt dealer registration fees and/or manufacturer marketing fees for those who market household hazardous wastes and disposables in New York City.  Permit citizens the right to enforce these legislative initiatives, and receive 25% of the penalties collected (75% will accrue to the source reduction fund). Citizens shall be liable to pay costs of false suits.

133) Require that all plastic bags be made of a single plastic resin (e.g., LDPE) so as to increase the recyclability of bags.

134) Mandate commercial waste audits and business source reduction plans.  Also, from “Fiscal Initiatives to Promote Waste Prevention In NYC,” 3/9/94: The City shall require annual commercial waste audits beginning on the effective date. If a generator has claimed a lower generation rate than the private carter has been charging, the private carter will immediately institute based on volume generated, reimburse all costs for the waste audit, and be liable for fines of up to $5,000. Consumer Affairs shall collect fines (keeping 10% for administrative costs) and enforce this provision. DOS shall provide technical assistance.

Fiscal Initiatives To Promote Waste Prevention in New York City

Comprehensive waste prevention Legislation, a working draft

Marjorie J. Clarke, Chair, MCSWAB Waste Prevention Committee

3/9/94 DRAFT 14

135) The City shall provide tax breaks (up to $1,000 per year) to refurbishers, second-hand, rental, and repair stores to promote and increase the capability of these reuse centers. OR The City shall repeal any sales taxes charged for repair, reconditioning, resale, rental, or reuse services, or for purchases of used products.

136) The City shall establish a tax credit of 2% on the sales dollar for companies which install equipment which recovers a usable material (e.g., metals, glass, paper, plastic), and additionally, for companies that buy equipment which reduces consumption of nondurable products (dishwashers, double-sided copiers, washing machines, etc..) and which offer services which reduce use of nondurable products (diaper services). (The first part is from Oregon)

137) The City shall provide a tax incentive of $50 per year for retailers providing a minimum percentage of retail shelf space to be set aside for products in refillable or returnable packaging, and bulk packaged products and concentrates.

138) Rescind laws which penalize (via fines and tickets) the unauthorized removal of "trash" from waste receptacles other than trash bags.

139) To create guidelines to designate nonrecyclable- or excessively-packaged products a Packaging and Product Review Board, consisting of representatives of the packaging and manufacturing industry, environmental groups, government agencies, and citizens, shall be established. The DOS shall enforce this provision.

140) The City shall require all newspapers published in New York City to use at least 15% post-consumer content.

141) The City shall require payment of a surcharge of $20/day to the cost of construction permits for new construction of interiors and exteriors. Exemption shall be given for construction jobs which are more than 50% repairs and restorations, and for energy conservation jobs (Shannon’s note: How about buildings attempting to achieve LEED status?). The Department of Buildings shall collect payments (keeping 10% for administrative costs) and shall enforce this provision.

142) The City shall require that manufacturers label plastic bags and plastic containers to indicate plastic resin (by number and name). Violators shall be fined $500 first offense; $1000 for subsequent offenses. Consumer Affairs shall enforce this provision.

143) The City shall require that manufacturers reduce by 90% by 1997 the amount of the following pollutant precursors in packaging and products sold to retailers in New York City: nickel, cadmium, mercury, lead, manganese, chromium, arsenic, titanium, copper, beryllium, cobalt, silver, gold, radioactive elements, iron, CFC, chlorine, fluorine, sulfur, nitrogen, organic solvents, and hazardous substances (Subtitle C). Violators shall be fined $1000 for a first offense; up to $5,000 for subsequent offenses. Consumer Affairs shall enforce this provision utilizing label information and via spot testing.,

144) By 1996 all plastic packaging sold in New York City must be recyclable by New York City's curbside program. Manufacturers shall be subject to a $1000 fine for a first offense; $2000 subsequent offenses. Consumer Affairs shall enforce this provision.

145) Retailers shall be required to pay a 5% excise tax on packaging materials and bags purchased for in-store packaging (e.g. meat, produce). Exemption will be given to materials which are recyclable in the New York City curbside program. Funds generated shall go to the DOS Waste Prevention Fund. Consumer Affairs shall enforce this provision.

146) The Comptroller's office shall be the authority that levies advance disposal fees and distributes funds remaining after agencies' administrative costs are extracted to the Waste Prevention Fund.